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Executive Summary ODIHR – report “Common Repsonsibility. Commitments and Implementation”

The present report, “ Common Responsibility: Commitments and Implementation ”, aims

to help the OSCE community to again underscore its core collective values and recommit

to them. It reinforces earlier calls to redevelop a common responsibility of participating

States not only towards each other, but, even more importantly, towards their citizens as primary

beneficiaries.

Requested by the 2005 OSCE Ministerial Council of Ljubljana and submitted to the 2006

OSCE Ministerial Council of Brussels, the report is structured along four chapters and covers

the implementation of existing commitments, possible supplementary commitments, ways

of strengthening and furthering the ODIHR’s election-related activities, as well as improving

the effectiveness of the ODIHR’s assistance to participating States. In preparing the report,

the Office for Democratic Institutions and Human Rights (ODIHR) consulted closely with

all 56 participating States.

A decade ago, heads of state and government expressed concern about a number of serious

deficiencies in the implementation of OSCE commitments. While much progress has been

achieved since then, this report points out that many problems remain acute today. Indeed,

it is regrettable that, 10 years after the Lisbon Summit, electoral fraud, manifestations of aggressive nationalism and xenophobia, threats to freedom of the media, involuntary migration,

incomplete or stalled transition to democracy, and a climate detrimental to the full realization

of, and respect for, human rights persist within the OSCE region. This report also

highlights the challenges many human rights defenders still have to face today and notes the

important role of national human rights institutions in this regard. The fundamental freedoms

of assembly and association are at risk in a number of participating States. The implementation

of commitments on these two issues needs intensified attention. Finally, the report

takes stock and raises awareness of the challenges that participating States face when

they engage in the fight against terrorism.

Since Lisbon, several other issues of concern have emerged that need to be addressed as a

matter of urgency for the OSCE to remain true to its principles, in particular the commitment

to implement. New challenges, however, may require new commitments. The second

chapter responds to the request of participating States to identify a number of areas where it

appears that the OSCE acquis needs to be supplemented or made more explicit. Those areas

where a normative response might be required and useful concern election-related challenges

such as the transparency of the vote when new voting technologies are being tested and

used, and the confidence an electorate needs to develop with respect to the process.

New commitments could also be elaborated to complement other areas that are at the core

of the OSCE’s human dimension: first, with regard to more traditional areas of human rights

norms such as the prevention of torture; and second, with regard to key ingredients of democratic

constitutionalism, the separation of powers of government, and judicial scrutiny of

normative acts. Existing commitments in both areas could benefit from clarification or specification; a consolidation of commitments on tolerance and non-discrimination might also

be considered.

While the ODIHR’s election-related activities are discussed and reflected upon throughout

the report, Chapter III explains in more detail the basis for, and the functioning of, the

ODIHR’s observation methodology, and it responds to criticism that it has recently drawn.

In line with many of the solicited responses from States, the report outlines the modalities

through which participating States can ensure effective follow-up to the recommendations

offered by the ODIHR. In addition, the ODIHR presents a number of concrete measures,

some of them already on the way, to strengthen its election-related assistance to participating

States.

Presenting ways to strengthen the ODIHR’s overall assistance efforts, the final chapter of the

report clearly stresses that States should enable the ODIHR, as well as the other OSCE institutions,

to be effective. The key to the ODIHR’s successful assistance undoubtedly lies with

States and the degree to which they, first and foremost, demonstrate the necessary political

will to prepare the ground for effective assistance work and, second, provide an environment

conducive for the ODIHR to continue its work successfully.

Effective peer review and collective follow-up to the ODIHR’s work are indispensable for its

work in the human dimension. In this respect, a proposed Human Dimension Committee

could allow for a more standardized manner of monitoring, reviewing implementation, preparing

and following up on human dimension meetings. It should, however, not be seen as

an alternative to the annual Human Dimension Implementation Meeting, but rather as an

additional element in making these important mandated meetings even more relevant, focused,

and better prepared.

The OSCE must live up to the aspirations of an earlier generation, as well as to the spirit of

the OSCE’s achievements, which continue to encourage so many in the region and beyond.

The participating States are particularly called upon to lead the way and demonstrate that,

despite the difficulties, credible collective action in the human dimension is possible. It is

hoped that this report will be of value to the deliberations on strengthening the effectiveness

of the OSCE, in what is a clear shared responsibility of all 56 participating States: upholding

common commitments and their implementation to the benefit of all.