VZCZCXRO3109
RR RUEHAST RUEHDBU RUEHFL RUEHLA RUEHMRE RUEHPOD RUEHROV RUEHSR
DE RUEHC #9369/01 3252233
ZNR UUUUU ZZH
R 212222Z NOV 07
FM SECSTATE WASHDC
TO RUEHVEN/USMISSION USOSCE 6065
INFO ORG FOR SECURITY CO OP IN EUR COLLECTIVE

UNCLAS SECTION 01 OF 03 STATE 159369 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: OSCE PHUM
SUBJECT: OSCE: DRAFT MINISTERIAL DECISION ON STRENGTHENING 
OSCE ENGAGEMENT WITH HUMAN RIGHTS DEFENDERS 
 
REF: USOSCE 437 
 
¶1. (U) USOSCE is authorized to join consensus, with proposed 
changes as noted in paragraph 2, on the following draft 
decision, MC.DD/8/07/Rev.3, which is scheduled to be 
discussed at the Prep Com this week.  Post should seek all of 
the changes in paragraph 2, but should not break consensus on 
the decision should these changes not be attainable. 
 
¶2. (SBU) Proposed changes to text: 
 
- preambular para 4:  insert a full stop after "human rights 
and fundamental freedoms" and delete "of peoples and 
individuals" as human rights and fundamental freedoms pertain 
only to individuals, not collectives. 
 
- preambular paragraph 6 - add "in a peaceful manner" to the 
end. 
 
- preambular paragraph 9 - delete the word "norms." 
 
- operative paragraph 2(i) - change "adequate redress" to "an 
effective remedy." 
 
- attempt to keep bracketed text in operative paragraph 3, 
recognizing that is likely that it will be removed. 
 
- OP2(a):  replace &No interference is to be made with 
individuals, rights8 with &Individuals should be 
permitted8 
 
- OP2(b)  replace &NO interference is to be made with the 
right of individuals, groups, and NGOs to8 with 
&Individuals, groups, and NGOs can8 
 
- OP2(c): 
  - Insert &While acknowledging governments, authority to 
regulate entities within their territory to promote the 
public welfare8 
  - replace &Any law8 with &any law.8 
  - replace &civil society8 with &NGOs8 
  - delete &nor any violations thereof8 
 
OP2(g): replace &There is no interference8 with 
&Governments do not interfere8 
 
OP2(h), propose inserting &on freedom of expression and 
assembly8 after &limitations8; otherwise this paragraph 
could be read as applying to any limitations. 
 
 
¶3. (U) Begin Text 
 
The Ministerial Council, 
 
(1.) Reiterating that universally recognized human rights and 
fundamental freedoms are the birthright of all human beings, 
are inalienable and are guaranteed by law; that their 
protection and promotion is a prime responsibility and duty 
of the State and the recognition of and respect for them 
constitute the foundation of freedom, justice and peace, 
 
(2.) Reiterating that all human rights and fundamental 
freedoms are universal, indivisible, inter-dependent and 
inter-related and should be promoted and implemented in a 
fair and equitable manner, without prejudice to the 
implementation of each of those rights and freedoms, 
 
(3.) Recalling and reaffirming the important role of civil 
society and non-governmental organizations in our societies 
as recognized in the 1975 Helsinki Final Act and expressing 
appreciation for the contribution of civil society to the 
promotion and implementation of OSCE principles, standards, 
commitments and values, 
 
(4.) Recalling the important role of international 
co-operation for and the valuable work of individuals, groups 
and associations in contributing to the effective elimination 
of all violations of human rights and fundamental freedoms of 
peoples and individuals, 
 
(5.) Acknowledging that human rights defenders are 
individuals, groups, organizations and associations that 
promote and protect human rights and fundamental freedoms in 
a peaceful manner, recognizing the need to safeguard the 
rights of those promoting human rights and that human rights 
defenders are entitled to equal protection of the law, and 
 
STATE 00159369  002 OF 003 
 
 
acknowledging that the provisions of this decision will not 
be applied to those individuals, groups, organizations and 
associations which resort to the use of violence or publicly 
condone terrorism or the use of violence, 
 
(6.) Reaffirming the commitments of the participating States 
to effectively ensure the rights of individuals to know and 
act upon their human rights and fundamental freedoms and 
their right to form, join and participate effectively in 
groups, organizations and associations which seek the 
promotion and protection of human rights and fundamental 
freedoms, 
 
(7.) Recognizing that human rights defenders and independent 
national human rights institutions play a vital role in the 
promotion of human rights, democracy and the rule of law and 
that human rights and fundamental freedoms are best respected 
where citizens are able to hold their governments accountable, 
 
(8.) Acknowledging the value of involvement by human rights 
defenders and independent national human rights institutions 
in monitoring the observance of human rights and fundamental 
freedoms, supporting victims of human rights violations, 
furthering access to justice, securing accountability and 
combating impunity, encouraging good governance and 
government policy including through criticism, providing 
human rights education and training and promoting the 
implementation of human rights obligations and commitments, 
thus enhancing long-term stability, security and democracy, 
 
(9.) Commending the contribution of human rights defenders 
and independent national human rights institutions to the 
promotion of OSCE principles, norms and commitments as 
recognized in the Helsinki Final Act (1975), the Vienna 
Concluding Document (1989), the Copenhagen Document and 
Charter of Paris (1990), the Moscow Document (1991), the 
Helsinki Document (1992) and the Istanbul Charter for 
European Security (1999), 
 
(10.) Reiterating the support of the participating States for 
the United Nations Declaration on the Right and 
Responsibility of Individuals, Groups and Organs of Society 
to Promote and Protect Universally Recognized Human Rights 
and Fundamental Freedoms and noting the 1991 Paris Principles 
relating to the status and functioning of independent 
national institutions for the protection and promotion of 
human rights, 
 
(11.) Recalling the right to freedom of expression, peaceful 
assembly and association enshrined in the United Nations 
Universal Declaration of Human Rights, the International 
Covenant on Civil and Political Rights and the United Nations 
Declaration on Human Rights Defenders, 
 
(12.) Recalling the contributions and recommendations of the 
Supplementary Human Dimension Meeting on Human Rights 
Defenders and National Human Rights Institutions: 
Legislative, State and Non-State Aspects (30 and 31 March 
2006), and the contributions and recommendations of the 
Supplementary Human Dimension Meeting on Freedom of Assembly, 
Association, and Expression (29 and 30 March 2007), 
 
(13.) Recalling the OSCE Parliamentary Assembly's support for 
a stronger OSCE engagement with human rights defenders and 
national human rights institutions as expressed at its 
Sixteenth Annual Session in July 2007 in the Kiev Declaration, 
 
¶1. Encourages the participating States to establish or, where 
they already exist, to strengthen independent national 
institutions for the promotion and protection of human 
rights, noting within that context the Paris Principles; 
 
¶2. Calls upon the participating States to ensure that: 
 
(a) There is no interference with the right of individuals to 
form, join and participate in groups, organizations and 
associations of their choosing in the exercise of the right 
to freedom of expression, peaceful assembly and association; 
 
(b) There is no interference with the right of human rights 
defenders to carry out their peaceful human rights work in a 
environment free from fear of harassment, reprisal, 
intimidation and discrimination; and that human rights 
defenders are free to peacefully support the promotion, 
protection and realization of human rights at the local, the 
national and international levels; 
 
(c) Any law or administrative measure concerning civil 
society facilitates and does not impede, the peaceful 
operation of NGOs and is enforced in an apolitical, fair, 
timely, affordable, transparent and consistent manner; and 
that neither any registration procedure nor any violations 
 
STATE 00159369  003 OF 003 
 
 
thereof impedes the freedom of expression, assembly or 
association enjoyed by human rights defenders; 
 
(d) Criminal and civil legal actions brought by governments 
against human rights defenders, like those brought against 
all individuals and organizations, are based on tenets of due 
process and equality before the law; 
 
(e) Human rights defenders are permitted to seek, receive, 
manage and administer for their peaceful human rights 
activities financial support from domestic, foreign and 
international entities, as provided for by law; 
 
(f) Human rights defenders are free to seek, receive and 
impart information and ideas, including advocating their 
opinions to governments and the public within and outside 
their countries in which they are based; 
 
(g) There is no interference with access to domestic and 
foreign based media of human rights defenders; 
 
(h) Human rights defenders shall be subject only to such 
limitations as are in accordance with applicable 
international obligations and are determined by law solely 
for the purpose of securing due recognition and respect for 
the rights and freedoms of others and of meeting the just 
requirements of morality, public order and the general 
welfare in a democratic society; 
 
(i) Human rights defenders are free to maintain contact and 
co-operate with their own members and other elements of civil 
society within and outside the countries where they are 
based, as well as with governments and international bodies; 
 
(j) Whenever violations of human rights and fundamental 
freedoms have occurred or are reported to have occurred, 
governments conduct prompt and impartial investigations, 
leading to adequate redress in accordance with law; 
 
(k) Governments undertake all efforts to ensure, protect and 
respect the right to freedom of expression, recognizing the 
contribution that journalists and other media professionals 
can make to the defence of human rights; 
 
¶3. Calls on participating States to seek to provide 
opportunities for increased participation by human rights 
defenders and independent national human rights institutions 
in the activities of the OSCE, including OSCE meetings, (and 
through that being able to observe the meetings of the 
Permanent Council), thus building onto the Charter of Paris 
for a New Europe (1990), the Moscow Document (1991) and 
Chapter IV of the Helsinki Concluding Document (1992), in 
accordance with the conditions stipulated by the relevant 
provisions of the Rules of Procedure of the OSCE, and to 
promote the exchange 
of views between NGOs and representatives of the Permanent 
Council; 
 
¶4. Invites forthcoming OSCE Chairmanships-in-Office and OSCE 
executive structures, within their existing mandates, to 
continue to work with human rights defenders and independent 
national human rights institutions throughout the OSCE region 
so as to further strengthen their capacity and promote 
dialogue between them and with participating States and to 
promote their involvement in the work of the OSCE. 
 
End text. 
RICE