CSCE
HELSINKI DOCUMENT 1992
THE CHALLENGES OF CHANGE
Helsinki Decisions
VI
The Human Dimension
(1) The participating States conducted a useful review of
implementation of CSCE commitments in the Human Dimension. They
based their discussion on the new community of values established
among them, as set forth by the Charter of Paris for a New Europe and
developed by the new standards created within the CSCE in recent
years. They noted major progress in complying with Human Dimension
commitments, but recognized developments of serious concern and thus
the need for further improvement.
(2) The participating States express their strong determination to
ensure full respect for human rights and fundamental freedoms, to
abide by the rule of law, to promote the principles of democracy and,
in this regard, to build, strengthen and protect democratic
institutions, as well as to promote tolerance throughout society. To
these ends, they will broaden the operational framework of the CSCE,
including by further enhancing the ODIHR, so that information, ideas,
and concerns can be exchanged in a more concrete and meaningful way,
including as an early warning of tension and potential conflict. In
doing so, they will focus their attention on topics in the Human
Dimension of particular importance. They will therefore keep the
strengthening of the Human Dimension under constant consideration,
especially in a time of change.
(3) In this regard, the participating States adopt the following:
Framework for monitoring compliance with CSCE commitments
and for promoting co-operation in the human dimension
(4) In order to strengthen and monitor compliance with CSCE
commitments as well as to promote progress in the Human Dimension,
the participating States agree to enhance the framework of their
co operation and to this end decide the following:
Enhanced role of the ODIHR
(5) Under the general guidance of the CSO and in addition to its
existing tasks as set out in the Charter of Paris for a New Europe
and in the Prague Document on Further Development of CSCE
Institutions and Structures, the ODIHR will, as the main institution
of the Human Dimension:
(5a) assist the monitoring of implementation of commitments in the
Human Dimension by:
-
serving as a venue for bilateral meetings under paragraph�2 and as a
channel for information under paragraph�3 of the Human Dimension
Mechanism as set out in the Vienna Concluding Document;
-
receiving any comments from States visited by CSCE missions of
relevance to the Human Dimension other than those under the Human
Dimension Mechanism; it will transmit the report of those missions
as well as eventual comments to all participating States with a view
to discussion at the next implementation meeting or review
conference;
-
participating in or undertaking missions when instructed by the
Council or the CSO;
(5b) act as a clearing-house for information on:
-
a state of public emergency according to paragraph 28.10 of the
Document of the Moscow Meeting of the Conference on the Human
Dimension;
-
resource lists, and assistance, e.g. in the field of censuses or on
democracy at a local and regional level, and the holding of national
seminars on such issues;
(5c) assist other activities in the field of the Human Dimension,
including the building of democratic institutions by:
-
fulfilling the tasks as defined in the "Programme of co ordinated
support to recently admitted participating States";
-
arranging "Seminars on the democratic process" at the request of
participating States. The same procedural provisions as set out in
the "Programme of co ordinated support for recently admitted
participating States" will also apply to these seminars;
-
contributing, within the resources at its disposal, to the
preparation of seminars at the request of one or more participating
States;
-
providing, as appropriate, facilities to the High Commissioner on
National Minorities;
-
communicating, as appropriate, with relevant international and
non-governmental organizations;
-
consulting and co-operating with relevant bodies of the Council of
Europe and those associated with it, and examining how they can
contribute, as appropriate, to the ODIHR's activities. The ODIHR will
also, at the request of participating States, supply them with
information about programmes within the framework of the Council of
Europe which are open to all participating States.
(6) The activities on Human Dimension issues undertaken by the ODIHR
may, inter�alia, contribute to early warning in the prevention of
conflicts.
Human Dimension Mechanism
(7) In order to align the Human Dimension Mechanism with present CSCE
structures and institutions the participating States decide that:
Any participating State which deems it necessary may provide
information on situations and cases which have been the subject of
requests under paragraphs�1 or 2 of the chapter entitled the
"Human Dimension of the CSCE" of the Vienna Concluding Document or
on the results of those procedures, to the participating States
through the ODIHR - which can equally serve as a venue for bilateral
meetings under paragraph 2 - or diplomatic channels. Such
information may be discussed at Meetings of the CSO, at
implementation meetings on Human Dimension issues and review
conferences.
(8) Procedures concerning the covering of expenses of expert and
rapporteur missions of the Human Dimension Mechanism may be
considered by the next review conference in the light of experience
gained.
Implementation
Implementation meetings on Human Dimension issues
(9) Every year in which a review conference does not take place, the
ODIHR will organize a three week meeting at expert level of all
participating States at its seat to review implementation of CSCE
Human Dimension commitments. The meeting will perform the following
tasks:
(9a) a thorough exchange of views on the implementation of Human
Dimension commitments, including discussion on the information
provided in accordance with paragraph�4 of the Human Dimension
Mechanism and on the Human Dimension aspects of the reports of CSCE
missions, as well as the consideration of ways and means of improving
implementation;
(9b) an evaluation of the procedures for monitoring compliance with
commitments.
(10) The implementation meeting may draw to the attention of the CSO
measures to improve implementation which it deems necessary.
(11) The implementation meeting will not produce a negotiated
document.
(12) Written contributions and information material will be of a
non-restricted or restricted character as indicated by the submitting
State.
(13) Implementation meetings will be organized to meet in formal and
informal sessions. All formal sessions will be open. In addition,
the participating States may decide, on a case-by-case basis, to open
informal sessions.
(14) The Council of Europe, the European Commission for Democracy
through Law and the European Bank for Reconstruction and
Development (EBRD), as well as other relevant international
organizations and institutions will be encouraged by the
implementation meeting to attend and make contributions.
(15) Non-governmental organizations having relevant experience in
the field of the Human Dimension are invited to make written
presentations to the implementation meeting, e.g.�through the ODIHR,
and may be invited by the implementation meeting, on the basis of
their written presentations, to address specific questions orally as
appropriate.
(16) During two half days in the course of the implementation meeting
no formal session will be scheduled in order to provide better
opportunities for possible contacts with NGOs. To this purpose, a
hall at the meeting site will be placed at the disposal of NGOs.
CSCE Human Dimension seminars
(17) Under the general guidance of the CSO, the ODIHR will organize
CSCE Human Dimension seminars which will address specific questions
of particular relevance to the Human Dimension and of current
political concern. The CSO will establish an annual work programme
including the titles and dates of such seminars. The agenda and
modalities of each seminar will be approved by the CSO at the latest
three months before the seminar. In doing so, the CSO will take into
account views expressed by the ODIHR. Unless otherwise decided,
seminars will be held at the seat of the ODIHR and will not exceed
one week. The work programme will take into account work by relevant
international organizations and institutions.
(18) These seminars will be organized in an open and flexible manner.
Relevant international organizations and institutions may be invited
to attend and to make contributions. So may NGOs with relevant
experience. Independent experts attending the seminar as members of
national delegations will also be free to speak in their own
capacity.
(19) CSCE seminars will be organized to meet in formal and informal
sessions. All formal sessions will be open. In addition, the
participating States may decide, on a case-by-case basis, to open
informal sessions.
(20) CSCE seminars will not produce a negotiated document or
follow-up programmes.
(21) Contributions by independent experts will be of a non restricted
character.
(22) In order to launch the new CSCE Human Dimension Seminars without
delay, the participating States decide now at the Helsinki Follow-up
Meeting that the ODIHR will organize the following four
seminars:
-
Migration
-
Case Studies on National Minorities Issues: Positive Results
-
Tolerance
-
Free Media
These seminars will be held before 31 December 1993. The agenda and
modalities of the seminars will be decided by the CSO. Seminars on
migrant workers and on local democracy will be included in the first
annual work programme of seminars. The financial implications of the
seminar programme will be kept under consideration by the CSO.
Enhanced commitments and co-operation in the Human
Dimension
National minorities
The participating States
(23) Reaffirm in the strongest terms their determination to implement
in a prompt and faithful manner all their CSCE commitments, including
those contained in the Vienna Concluding Document, the Copenhagen
Document and the Geneva Report, regarding questions relating to
national minorities and rights of persons belonging to them;
(24) Will intensify in this context their efforts to ensure the free
exercise by persons belonging to national minorities, individually or
in community with others, of their human rights and fundamental
freedoms, including the right to participate fully, in accordance
with the democratic decision making procedures of each State, in the
political, economic, social and cultural life of their countries
including through democratic participation in decision making and
consultative bodies at the national, regional and local level,
inter alia, through political parties and associations;
(25) Will continue through unilateral, bilateral and multilateral
efforts to explore further avenues for more effective implementation
of their relevant CSCE commitments, including those related to the
protection and the creation of conditions for the promotion of the
ethnic, cultural, linguistic and religious identity of national
minorities;
(26) Will address national minority issues in a constructive manner,
by peaceful means and through dialogue among all parties concerned on
the basis of CSCE principles and commitments;
(27) Will refrain from resettling and condemn all attempts, by the
threat or use of force, to resettle persons with the aim of changing
the ethnic composition of areas within their territories;
(28) Direct the ODIHR to organize, in spring 1993, a CSCE Human
Dimension Seminar on Case Studies on National Minorities Issues:
Positive Results.
Indigenous populations
The participating States
(29) Noting that persons belonging to indigenous populations may have
special problems in exercising their rights, agree that their CSCE
commitments regarding human rights and fundamental freedoms apply
fully and without discrimination to such persons.
Tolerance and non-discrimination
The participating States
(30) Express their concern over recent and flagrant manifestations of
intolerance, discrimination, aggressive nationalism, xenophobia,
anti semitism and racism and stress the vital role of tolerance,
understanding and co operation in the achievement and preservation of
stable democratic societies;
(31) Direct the ODIHR to organize, in autumn�1992, a CSCE Human
Dimension Seminar on Tolerance;
(32) Will consider adhering to the International Convention on the
Elimination of All Forms of Racial Discrimination, if they have not
already done so;
(33) Will consider taking appropriate measures within their
constitutional framework and in conformity with their international
obligations to assure to everyone on their territory protection
against discrimination on racial, ethnic and religious grounds, as
well as to protect all individuals, including foreigners, against
acts of violence, including on any of these grounds. Moreover, they
will make full use of their domestic legal processes, including
enforcement of existing laws in this regard;
(34) Will consider developing programmes to create the conditions for
promoting non discrimination and cross cultural understanding which
will focus on human rights education, grass-roots action,
cross-cultural training and research;
(35) Reaffirm, in this context, the need to develop appropriate
programmes addressing problems of their respective nationals
belonging to Roma and other groups traditionally identified as
Gypsies and to create conditions for them to have equal opportunities
to participate fully in the life of society, and will consider how to
co-operate to this end.
Migrant workers
The participating States
(36) Restate that human rights and fundamental freedoms are
universal, that they are also enjoyed by migrant workers wherever
they live and stress the importance of implementing all CSCE
commitments on migrant workers and their families lawfully residing
in the participating States;
(37) Will encourage the creation of conditions to foster greater
harmony in relations between migrant workers and the rest of the
society of the participating State in which they lawfully reside. To
this end, they will seek to offer, inter alia, measures to facilitate
the familiarization of migrant workers and their families with the
languages and social life of the respective participating State in
which they lawfully reside so as to enable them to participate in the
life of the society of the host country;
(38) Will, in accordance with their domestic policies, laws and
international obligations seek, as appropriate, to create the
conditions for promoting equality of opportunity in respect of
working conditions, education, social security and health services,
housing, access to trade unions as well as cultural rights for
lawfully residing and working migrant workers.
Refugees and displaced persons
The participating States
(39) Express their concern over the problem of refugees and displaced
persons;
(40) Emphasize the importance of preventing situations that may
result in mass flows of refugees and displaced persons and stress the
need to identify and address the root causes of displacement and
involuntary migration;
(41) Recognize the need for international co operation in dealing
with mass flows of refugees and displaced persons;
(42) Recognize that displacement is often a result of violations of
CSCE commitments, including those relating to the Human Dimension;
(43) Reaffirm the importance of existing international standards and
instruments related to the protection of and assistance to refugees
and will consider acceding to the Convention relating to the Status
of Refugees and the Protocol, if they have not already done so;
(44) Recognize the importance of the United Nations High Commissioner
for Refugees and the International Committee of the Red Cross, as
well as of non governmental organizations involved in relief work,
for the protection of and assistance to refugees and displaced
persons;
(45) Welcome and support unilateral, bilateral and multilateral
efforts to ensure protection of and assistance to refugees and
displaced persons with the aim of finding durable solutions;
(46) Direct the ODIHR to organize, in early 1993, a CSCE Human
Dimension Seminar on Migration, Including Refugees and Displaced
Persons.
International humanitarian law
The participating States
(47) Recall that international humanitarian law is based upon the
inherent dignity of the human person;
(48) Will in all circumstances respect and ensure respect for
international humanitarian law including the protection of the
civilian population;
(49) Recall that those who violate international humanitarian law are
held personally accountable;
(50) Acknowledge the essential role of the International Committee of
the Red Cross in promoting the implementation and development of
international humanitarian law, including the Geneva Conventions and
their relevant Protocols;
(51) Reaffirm their commitment to extend full support to the
International Committee of the Red Cross, as well as to the Red Cross
and Red Crescent Societies, and to the United Nations organizations,
particularly in times of armed conflict, respect their protective
emblems, prevent the misuse of these emblems and, as appropriate,
exert all efforts to ensure access to the areas concerned;
(52) Commit themselves to fulfilling their obligation to teach and
disseminate information about their obligations under international
humanitarian law.
Democracy at a local and regional level
The participating States
(53) Will endeavour, in order to strengthen democratic participation
and institution building and in developing co operation among them,
to share their respective experience on the functioning of democracy
at a local and regional level, and welcome against this background
the Council of Europe information and education network in this
field;
(54) Will facilitate contacts and encourage various forms of
co-operation between bodies at a local and regional level.
Nationality
The participating States
(55) Recognize that everyone has the right to a nationality and that
no one should be deprived of his/her nationality arbitrarily;
(56) Underline that all aspects of nationality will be governed by
the process of law. They will, as appropriate, take measures,
consistent with their constitutional framework not to increase
statelessness;
(57) Will continue within the CSCE the discussion on these issues.
Capital punishment
The participating States
(58) Confirm their commitments in the Copenhagen and Moscow Documents
concerning the question of capital punishment.
Free media
The participating States
(59) Direct the ODIHR to organize a CSCE Human Dimension Seminar on
Free Media, to be held in 1993. The goal of the Seminar will be to
encourage the discussion, demonstration, establishment of contacts
and exchange of information between governmental representatives and
media practitioners.
Education
The participating States
(60) Would welcome, in view of the importance of education as to the
dissemination of the ideas of democracy, human rights and democratic
institutions, especially in a period of change, the organization to
this end of a seminar entitled "Education: Structures, Policies and
Strategies" by the Council of Europe, open to all participating
States.
Compilation of Human Dimension commitments
The participating States
(61) Welcome the drawing up of compilations of existing CSCE Human
Dimension commitments in order to promote greater understanding for
the implementation of these commitments.
Domestic implementation guidelines
The participating States
(62) Will promote, where appropriate, the drawing up of guidelines to
assist the effective implementation of domestic legislation on human
rights issues related to CSCE commitments.
