Decisions of the Helsinki CSCE Conference

Conference for Security and Co-operation in Europe

HELSINKI

9 – 10 July 1992

CSCE

HELSINKI DOCUMENT

THE CHALLENGES OF CHANGE

HELSINKI SUMMIT DECLARATION

Promises and problems of change

1.         We, the Heads of State or Government of the States participating in the Conference on Security and Co-operation in Europe, have returned to the birthplace of the Helsinki process, to give new impetus to our common endeavour.

2. The Charter of Paris for a New Europe, signed at the last Summit, defined a common democratic foundation, established institutions for co-operation and set forth guidelines for realization of a community of free and democratic States from Vancouver to Vladivostok.

3. We have witnessed the end of the cold war, the fall of totalitarian regimes and the demise of the ideology on which they were based. All our countries now take democracy as the basis for their political, social and economic life. The CSCE has played a key role in these positive changes. Still, the legacy of the past remains strong. We are faced with challenges and opportunities, but also with serious difficulties and disappointments.

4. We have met here to review recent developments, to consolidate the achievements of the CSCE and to set its future direction. To meet new challenges we are approving here today a programme to enhance our capabilities for concerted action and to intensify our co-operation for democracy, prosperity and equal rights of security.

5. The aspirations of peoples freely to determine their internal and external political status have led to the spread of democracy and have recently found expression in the emergence of a number of sovereign States. Their full participation brings a new dimension to the CSCE

6. We welcome the commitment of all participating States to our shared values. Respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities, democracy, the rule of law, economic liberty, social justice and environmental responsibility are our common aims. They are immutable. Adherence to our commitments provides the basis for participation and co-operation in the CSCE and a cornerstone for further development of our societies.

7. We reaffirm the validity of the guiding principles and common values of the Helsinki Final Act and the Charter of Paris, embodying responsibilities of States towards each other and of governments towards their people. These are the collective conscience of our community. We recognize our accountability to each other for complying with them. We underline the democratic rights of citizens to demand from their governments respect for these values and standards.

8. We emphasize that the commitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned. The protection and promotion of the human rights and fundamental freedoms and the strengthening of democratic institutions continue to be a vital basis for our comprehensive security.

9. The transition to and development of democracy and market economy by the new democracies is being carried forward with determination amidst difficulties and varying conditions. We offer our support and solidarity to participating States undergoing transformation to democracy and market economy. We welcome their efforts to become fully integrated into the wider community of States. Making this transition irreversible will ensure the security and prosperity of us all.

10. Encouragement of this sense of wider community remains one of our fundamental goals. We welcome in this connection the rapid adaptation of European and transatlantic institutions and organizations which are increasingly working together to face up to the challenges before us and to provide a solid foundation for peace and prosperity.

The European Community (EC) , fulfilling its important role in the political and economic development of Europe, is moving towards a union and has decided to broaden its membership. It is closely involved in CSCE activities.

The North Atlantic Treaty Organization (NATO) , one of the essential transatlantic links, has adopted a new strategic concept and strengthened its role as an integral aspect for security in Europe. Through establishment of the North Atlantic Co-operation Council (NACC) it has established patterns of co-operation with new partners in harmony with the goals of the CSCE. It has also offered practical support for the work of the CSCE.

The Western European Union (WEU) is an integral part of the development of the European Union; it is also the means to strengthen the European pillar of the Atlantic Alliance; it is developing an operational capacity; it is opening itself to additional co-operation with new partners and has offered to provide resources in support of the CSCE.

The Council of Europe is elaborating its own programmes for new democracies, opening up to new members and is co-operating with the CSCE in the human dimension.

The Group of Seven and the Group of Twenty-Four are deeply engaged in assistance to countries in transition. The Organisation for Economic Co-operation and Development (OECD) , United Nations Economic

Commission for Europe (ECE) and the European Bank for Reconstruction and Development (EBRD) have a key role to play in the construction of a new Europe.

The Commonwealth of Independent States (CIS) has stated its readiness to assist the CSCE in pursuit of its objectives.

These and the other forms of regional and sub-regional co-operation which continue to develop, such as the Council of the Baltic Sea States, the Visegrad Triangle, the Black Sea Economic Co-operation and the Central European Initiative, multiply the links uniting CSCE participating States.

11.      We welcome the adoption of the Vienna 1992 Document on Confidence- and Security-building Measures and the signature of the Treaty on Open Skies, with the adoption of the Declaration on the Treaty on Open Skies. We also welcome the imminent entry into force of the Treaty on Conventional Armed Forces in Europe (CFE) and the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe. These agreements provide a solid foundation for our further security co-operation. We welcome the recent United States-Russian joint understanding on Strategic Offensive Arms. We reaffirm our commitment to become original signatories to the forthcoming convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, and urge other States to do so.

12. This is a time of promise but also a time of instability and insecurity. Economic decline, social tension, aggressive nationalism, intolerance, xenophobia and ethnic conflicts threaten stability in the CSCE area. Gross violations of CSCE commitments in the field of human rights and fundamental freedoms, including those related to national minorities, pose a special threat to the peaceful development of society, in particular in new democracies.

There is still much work to be done in building democratic and pluralistic societies, where diversity is fully protected and respected in practice. Consequently, we reject racial, ethnic and religious discrimination in any form. Freedom and tolerance must be taught and practised.

13. For the first time in decades we are facing warfare in the CSCE region. New armed conflicts and massive use of force to achieve hegemony and territorial expansion continue to occur. The loss of life, human misery, involving huge numbers of refugees have been the worst since the Second World War. Damage to our cultural heritage and the destruction of property have been appalling.

Our community is deeply concerned by these developments. Individually and jointly within the CSCE and the United Nations and other international organizations, we have sought to alleviate suffering and seek long term solutions to the crises which have arisen.

With the Helsinki decisions, we have put in place a comprehensive programme of co-ordinated action which will provide additional tools for the CSCE to address tensions before violence erupts and to manage crises which may regrettably develop. The Council and the Committee of Senior Officials have already established for the CSCE an important role in dealing with crises which have developed within our area.

No international effort can be successful if those engaged in conflicts do not reaffirm their will to seek peaceful solutions to their differences. We stress our determination to hold parties to conflicts accountable for their actions.

14. In times of conflict the fulfilment of basic human needs is most at risk. We will exert every effort to ensure that they are met and that humanitarian commitments are respected. We will strive to relieve suffering by humanitarian cease-fires and to facilitate the delivery of assistance under international supervision, including its safe passage. We recognize that the refugee problems resulting from these conflicts require the co-operation of all of us. We express our support for and solidarity with those countries which bear the brunt of the refugee problems resulting from these conflicts. In this context we recognize the need for co-operation and concerted action.

15. Even where violence has been contained, the sovereignty and independence of some States still needs to be upheld. We express support for efforts by CSCE participating States to remove, in a peaceful manner and through negotiations, the problems that remain from the past, like the stationing of foreign armed forces on the territories of the Baltic States without the required consent of those countries.

Therefore, in line with basic principles of international law and in order to prevent any possible conflict, we call on the participating States concerned to conclude, without delay, appropriate bilateral agreements,

including timetables, for the early, orderly and complete withdrawal of such foreign troops from the territories of the Baltic States.

16. The degradation of the environment over many years threatens us all. The danger of nuclear accidents is a pressing concern. So are, in several parts of the CSCE area, defence-related hazards for the environment.

17. The present proliferation of weapons increases the danger of conflict and is an urgent challenge. Effective export controls on nuclear materials, conventional weapons and other sensitive goods and technologies are a pressing need.

The CSCE and the management of change

18. The CSCE has been instrumental in promoting changes; now it must adapt to the task of managing them. Our decisions in Helsinki are making the CSCE more operational and effective. We are determined to fully use consultations and concerted action to enable a common response to the challenges facing us.

19. In approaching these tasks, we emphasize the central role of the CSCE in fostering and managing change in our region. In this era of transition, the CSCE is crucial to our efforts to forestall aggression and violence by addressing the root causes of problems and to prevent, manage and settle conflicts peacefully by appropriate means.

20. To this end, we have further developed structures to ensure political management of crises and created new instruments of conflict prevention and crisis management. We have strengthened the Council and the Committee of Senior Officials (CSO) and devised means to assist them. The CSCE capacities in the field of early warning will be strengthened in particular by the activities of the newly established High Commissioner on National Minorities.

We have provided for CSCE peacekeeping according to agreed modalities. CSCE peacekeeping activities may be undertaken in cases of conflict within or among participating States to help maintain peace and stability in support of an ongoing effort at a political solution. In this respect, we are also prepared to seek, on a case-by-case basis, the support of

international institutions and organizations, such as the EC, NATO and WEU, as well as other institutions and mechanisms, including the peacekeeping mechanism of the CIS. We welcome their readiness to support CSCE peacekeeping activities, including by making available their resources.

We are further developing our possibilities for peaceful settlement of disputes.

21. Our approach is based on our comprehensive concept of security as initiated in the Final Act. This concept relates the maintenance of peace to the respect for human rights and fundamental freedoms. It links economic and environmental solidarity and co-operation with peaceful inter-State relations. This is equally valid in managing change as it was necessary in mitigating confrontation.

22. The CSCE is a forum for dialogue, negotiation and co-operation, providing direction and giving impulse to the shaping of the new Europe. We are determined to use it to give new impetus to the process of arms control, disarmament and confidence- and security-building, to the enhancement of consultation and co-operation on security matters and to furthering the process of reducing the risk of conflict. In this context, we will also consider new steps to further strengthen norms of behaviour on politico-military aspects of security. We will ensure that our efforts in these fields are coherent, interrelated and complementary.

23.      We remain convinced that security is indivisible. No State in our CSCE community will strengthen its security at the expense of the security of other States. This is our resolute message to States which resort to the threat or use of force to achieve their objectives in flagrant violation of CSCE commitments.

24. Essential to the success of our efforts to foster democratic change within the CSCE framework will be increased co-operation with other European and transatlantic organizations and institutions. Therefore, we are convinced that a lasting and peaceful order for our community of States will be built on mutually reinforcing institutions, each with its own area of action and responsibility.

25. Reaffirming the commitments to the Charter of the United Nations as subscribed to by our States, we declare our understanding that the CSCE is a regional arrangement in the sense of Chapter VIII of the Charter of the United Nations. As such, it provides an important link between European and global security. The

rights and responsibilities of the Security Council remain unaffected in their entirety. The CSCE will work together closely with the United Nations especially in preventing and settling conflicts.

26.      We restate our unreserved condemnation of all acts, methods and practices of terrorism. We are determined to enhance our co-operation to eliminate this threat to security, democracy and human rights. To this end, we will take measures to prevent in our territories criminal activities that support acts of terrorism in other States. We will encourage exchange of information concerning terrorist activities. We will seek further effective avenues for co-operation as appropriate. We will also take the necessary steps at a national level to fulfil our international obligations in this field.

27.      Illicit trafficking in drugs represents a danger to the stability of our societies and democratic institutions. We will act together to strengthen all forms of bilateral and multilateral co-operation in the fight against illicit trafficking in drugs and other forms of international organized crime.

28.      We will work to reinforce the close link which exists between political pluralism and the operation of a market economy. Enhanced co-operation in the field of economy, science and technology has a crucial role to play in strengthening security and stability in the CSCE region.

29.      Economic co-operation remains an essential element of the CSCE. We will continue to support the transformations under way to introduce market economies as the means to enhance economic performance and increased integration into the international economic and financial systems.

30.      We will also facilitate expanded economic co-operation which must take account of the prevailing political and economic conditions. We welcome the contribution of economic, financial and technical assistance programmes of the Group of Seven and the Group of Twenty-Four to the transition process.

In the framework of our co-operation we fully support the further development of the European Energy Charter which is of particular importance in the period of transition.

31.      We will work together to help facilitate means of transportation and communication in order to deepen co-operation among us.

32.      We renew our commitment to co-operate in protecting and improving the environment for present and future generations. We stress in particular the importance of co-operation to effectively ensure the safety of nuclear installations and to bring defence-related hazards for the environment under control.

We emphasize the need for greater public awareness and understanding of environmental issues and for public involvement in the planning and decision-making process.

We welcome the important outcome of the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro in June 1992. We emphasize the need for effective and sustained implementation of UNCED decisions.

33.      Further steps must be taken to stop the proliferation of weapons. It remains vital to ensure non-proliferation of nuclear weapons and the relevant technology and expertise. We urge all States which have not acceded to the Treaty on Non-proliferation of Nuclear Weapons to do so as non-nuclear weapons States and to conclude safeguards agreements with the International Atomic Energy Agency (IAEA) . We commit ourselves to intensify our co-operation in the field of effective export controls applicable to nuclear materials, conventional weapons and other sensitive goods and technologies.

34.      We welcome the development of regional co-operation among CSCE participating States as a valuable means of promoting pluralistic structures of stability. Based on the CSCE principles and commitments, regional co-operative activities serve the purpose of uniting us and promoting comprehensive security.

35.      We encourage wide-ranging transfrontier co-operation, including human contacts, involving local and regional communities and authorities. This co-operation contributes to overcoming economic and social inequalities and enhancing ethnic understanding, fostering good-neighbourly relations among States and peoples.

36.      In order to ensure full participation and co-operation by recently admitted participating States we are initiating a programme of co-ordinated support.

37.      We reaffirm our conviction that strengthening security and co-operation in the Mediterranean is important for stability in the CSCE region. We recognize that the changes which have taken place in Europe are relevant

to the Mediterranean region and that, conversely, economic, social, political and security developments in that region have a direct bearing on Europe.

38.      We will therefore widen our co-operation and enlarge our dialogue with the non-participating Mediterranean States as a means to promote social and economic development, thereby enhancing stability in the region, in order to narrow the prosperity gap between Europe and its Mediterranean neighbours and protect the Mediterranean ecosystems. We stress the importance of intra-Mediterranean relations and the need for increased co-operation within the region.

39.      We welcome and encourage the continuation of initiatives and negotiations aimed at finding just, lasting and viable solutions, through peaceful means, to the outstanding crucial problems of the Mediterranean region.

40.      We have expanded dialogue with non-participating States, inviting them to take part in our activities on a selective basis when they can make a contribution.

41.      We welcome the establishment of the CSCE Parliamentary Assembly which held its first meeting in Budapest on 3 to 5 July and look forward to the active participation of parliamentarians in the CSCE process.

42.      We attach particular importance to the active involvement of our publics in the CSCE. We will expand the opportunities for contributions by and co-operation with individuals and non-governmental organizations in our work.

43.      In order to foster our partnership, and to better manage change, we have today in Helsinki adopted an agenda for a strengthened and effective CSCE through the Helsinki Decisions. These decisions will be implemented fully and in good faith.

44.      We entrust the Council with the further steps which may be required to implement them. The Council may adopt any amendment to the decisions which it may deem appropriate.

45.      The full text of the Helsinki Document will be published in each participating State, which will make it known as widely as possible.

46.      The Government of Finland is requested to transmit to the Secretary-General of the United Nations the text of the Helsinki Document, which is not eligible for registration under Article 102 of the Charter of the United Nations, with a view to its circulation to all the members of the Organization as an official document of the United Nations.

47.      The next review conference will be held in Budapest in 1994 on the basis of modalities of the Helsinki Follow-up Meeting, mutatis mutandis, to
be further specified by the CSO which may decide to organize a special preparatory meeting.

Helsinki, 10 July 1992

HELSINKI DECISIONS

I

STRENGTHENING CSCE INSTITUTIONS AND STRUCTURES

(1) In order to enhance the coherence of their consultations and the efficiency of their concerted action based on their joint political will, as well as to further develop the practical aspects of co-operation among them, the participating States have decided to reaffirm and develop the decisions on CSCE structures and institutions set forth in the Charter of Paris and the Prague Document on Further Development of CSCE Institutions and Structures.

To this end, they have agreed as follows:

Meetings of Heads of State or Government

(2) Meetings of Heads of State or Government, as laid down in the Charter of Paris, will take place, as a rule, every two years on the occasion of review conferences.

(3) They will set priorities and provide orientation at the highest political level.

Review conferences

(4) Review conferences will precede the meetings of Heads of State or Government. They will be operational and of short duration. They will:

–           review the entire range of activities within the CSCE, including a thorough implementation debate, and consider further steps to strengthen the CSCE process;

–           prepare a decision-oriented document to be adopted at the meeting.

(5) Preparation of review conferences, including the agenda and modalities, will be carried out by the Committee of Senior Officials (CSO) , which may decide to organize a special preparatory meeting.

CSCE Council

(6) The Council constitutes the central decision-making and governing body of the CSCE.

(7) The Council will ensure that the various CSCE activities relate closely to the central political goals of the CSCE.

(8) The participating States have agreed to enhance the working methods of the Council and promote effective consultations at its meetings.

Committee of Senior Officials

(9) Further to the decisions contained in the Charter of Paris and as set forth in the Prague Document, the CSO, between the meetings of the CSCE Council, will be responsible for overview, management and co-ordination and will act as the Council’s agent in taking appropriate decisions. Additional responsibilities are described in Chapter III of this document.

(10) Greater use will be made of the points of contact and communications network in order to manage the flow of information more efficiently.

(11)     The functions of the CSO convening as the Economic Forum are set out in Chapter VII of this document.

Chairman-in-Office

(12) The Chairman-in-Office will be responsible on behalf of the Council/CSO for the co-ordination of and consultation on current CSCE business.

(13) The Chairman-in-Office will be requested to communicate Council and CSO decisions to the CSCE institutions and to give them such advice regarding those decisions as may be required.

(14)     In carrying out entrusted tasks, the Chairman-in-Office may be assisted, inter alia, by:

–          the preceding and succeeding Chairmen, operating together as a Troika;

–           ad hoc steering groups;

–           personal representatives, if necessary.

Assistance to the Chairman-in-Office

Troika

(15) The Chairman-in-Office may be assisted by the preceding and succeeding Chairmen, operating together as a Troika, in carrying out entrusted tasks. The Chairman-in-Office will retain the responsibility for such tasks and for reporting on Troika activities to the Council/CSO.

Ad hoc steering groups

(16)     Ad hoc steering groups may be established on a case-by-case basis in order to further assist the Chairman-in-Office, in particular in the field of conflict prevention, crisis management and dispute resolution.

(17) The decision of the Council/CSO to establish an ad hoc steering group will, in principle, be taken upon recommendation of the Chairman-in-Office and will include a description of its composition and mandate

which will set out the specific tasks and objectives and specify the duration.

(18) If the matter is urgent, the Chairman-in-Office may consult the participating States to propose the establishment of an ad hoc steering group under a silence procedure. If objections to the proposal are voiced within five days and if further consultations by the Chairman-in-Office have not led to consensus, the CSO must address the question.

(19) In order to ensure efficiency, an ad hoc steering group will be composed of a restricted number of participating States which will include the Troika. Its composition and size will be decided taking into account the need for impartiality and efficiency.

(20) The Council/CSO may decide to terminate or extend for a specific period of time the term of the activities of an ad hoc steering group as well as to amend the mandate, composition and instructions given to a steering group.

(21) The Chairman-in-Office will report comprehensively and on a regular basis to the CSO on the activities of the ad hoc steering group and on related developments.

Personal representatives

(22)     When dealing with a crisis or a conflict, the Chairman-in-Office may, on his/her own responsibility, designate a personal representative with a clear and precise mandate in order to provide support. The Chairman-in-Office will inform the CSO of the intention to appoint a personal representative and of the mandate. In reports to the Council/CSO, the Chairman-in-Office will include information on the activities of the personal representative as well as any observations or advice submitted by the latter.

High Commissioner on National Minorities

(23) The Council will appoint a High Commissioner on National Minorities. The High Commissioner provides “early warning” and, as appropriate, “early action” at the earliest possible stage in regard to tensions involving national minority issues that have the potential to develop into a conflict within the CSCE area, affecting peace, stability, or relations between participating States. The High Commissioner will draw upon the facilities of the Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw.

Other institutions and structures

(24) Further to the Charter of Paris and the Prague Document, additional functions of the other CSCE institutions and structures are described in Chapters II, III, IV, V and VI of this document.

(25) The participating States mandate the CSO to study ways and means which would en
able the three CSCE institutional arrangements to better accomplish their functions. In this regard they will consider the relevance of an agreement granting an internationally recognized status to the CSCE Secretariat, the Conflict Prevention Centre (CPC) and the ODIHR.

Implementation reviews

(26)     Thorough review of the implementation of CSCE commitments will continue to play a prominent role in CSCE activities, thus enhancing co-operation among participating States.

(27) Reviews of implementation will be held regularly at review conferences as well as at special meetings convened for this purpose at the ODIHR and the CPC, and when the CSO convenes as the Economic Forum as provided for in the relevant CSCE documents.

(28)     These reviews of implementation will be of a co-operative nature, comprehensive in scope and at the same time able to address specific issues.

(29) The participating States will be invited to offer contributions on their implementation experience, with particular reference to difficulties encountered, and to provide their views of implementation throughout the CSCE area. Participating States are encouraged to circulate descriptions of contributions in advance of the meeting.

(30) Reviews should offer the opportunity to identify action which may be required to address problems. Meetings at which reviews of implementation take place may draw to the attention of the CSO any suggestions for measures to improve implementation which they deem advisable.

Communications

(31) The CSCE communications network is an important instrument for the implementation of the Vienna Document 1992 and other documents and agreements. As the CSCE’s capacity to deal with emergency situations is being developed, the network is assuming a new and vital role in providing the participating States with up-to-date means for urgent communications. In this respect, it is essential that all participating States be connected to the system. The Consultative Committee of the CPC will monitor progress and, if necessary, recommend solutions for technical problems.

II

CSCE HIGH COMMISSIONER ON NATIONAL MINORITIES

(1) The participating States decide to establish a High Commissioner on National Minorities.

Mandate

(2) The High Commissioner will act under the aegis of the CSO and will thus be an instrument of conflict prevention at the earliest possible stage.

(3) The High Commissioner will provide “early warning” and, as appropriate, “early action” at the earliest possible stage in regard to tensions involving national minority issues which have not yet developed beyond an early warning stage, but, in the judgement of the High Commissioner, have the potential to develop into a conflict within the CSCE area, affecting peace, stability or relations between participating States, requiring the attention of and action by the Council or the CSO.

(4) Within the mandate, based on CSCE principles and commitments, the High Commissioner will work in confidence and will act independently of all parties directly involved in the tensions.

(5a) The High Commissioner will consider national minority issues occurring in the State of which the High Commissioner is a national or a resident, or involving a national minority to which the High Commissioner belongs, only if all parties directly involved agree, including the State concerned.

(5b) The High Commissioner will not consider national minority issues in situations involving organized acts of terrorism.

(5c) Nor will the High Commissioner consider violations of CSCE commitments with regard to an individual person belonging to a national minority.

(6) In considering a situation, the High Commissioner will take fully into account the availability of democratic means and international instruments to respond to it, and their utilization by the parties involved.

(7) When a particular national minority issue has been brought to the attention of the CSO, the involvement of the High Commissioner will require a request and a specific mandate from the CSO.

Profile, appointment, support

(8) The High Commissioner will be an eminent international personality with long-standing relevant experience from whom an impartial performance of the function may be expected.

(9) The High Commissioner will be appointed by the Council by consensus upon the recommendation of the CSO for a period of three years, which may be extended for one further term of three years only.

(10) The High Commissioner will draw upon the facilities of the ODIHR in Warsaw, and in particular upon the information relevant to all aspects of national minority questions available at the ODIHR.

Early warning

(11)     The High Commissioner will:

(11a) collect and receive information regarding national minority issues from sources described below (see Supplement paragraphs (23) -(25) ) ;

(11b) assess at the earliest possible stage the role of the parties directly concerned, the nature of the tensions and recent developments therein and, where possible, the potential consequences for peace and stability within the CSCE area;

(11c) to this end, be able to pay a visit, in accordance with paragraph (17) and Supplement paragraphs (27) -(30) , to any participating State and communicate in person, subject to the provisions of paragraph (25) , with parties directly concerned to obtain first-hand information about the situation of national minorities.

(12) The High Commissioner may during a visit to a participating State, while obtaining first-hand information from all parties directly involved, discuss the questions with the parties, and where appropriate promote dialogue, confidence and co-operation between them.

Provision of early warning

(13) If, on the basis of exchanges of communications and contacts with relevant parties, the High Commissioner concludes that there is a prima facie risk of potential conflict (as set out in paragraph (3) ) he/she may issue an early warning, which will be communicated promptly by the Chairman-in-Office to the CSO.

(14) The Chairman-in-Office will include this early warning in the agenda for the next meeting of the CSO. If a State believes that such an early warning merits prompt consultation, it may initiate the procedure set out in Annex 2 of the Summary of Conclusions of the Berlin Meeting of the Council (“Emergency Mechanism”) .

(15)     The High Commissioner will explain to the CSO the reasons for issuing the early warning.

Early action

(16) The High Commissioner may recommend that he/she be authorized to enter into further contact and closer consultations with the parties concerned with a view to possible solutions, according to a mandate to be decided by the CSO. The CSO may decide accordingly.

Accountability

(17) The High Commissioner will consult the Chairman-in-Office prior to a departure for a participating State
to address a tension involving national minorities. The Chairman-in-Office will consult, in confidence, the participating State(s) concerned and may consult more widely.

(18) After a visit to a participating State, the High Commissioner will provide strictly confidential reports to the Chairman-in-Office on the findings and progress of the High Commissioner’s involvement in a particular question.

(19) After termination of the involvement of the High Commissioner in a particular issue, the High Commissioner will report to the Chairman-in-Office on the findings, results and conclusions. Within a period of one month, the Chairman-in-Office will consult, in confidence, on the findings, results and conclusions the participating State(s) concerned and may consult more widely. Thereafter the report, together with possible comments, will be transmitted to the CSO.

(20) Should the High Commissioner conclude that the situation is escalating into a conflict, or if the High Commissioner deems that the scope for action by the High Commissioner is exhausted, the High Commissioner shall, through the Chairman-in-Office, so inform the CSO.

(21) Should the CSO become involved in a particular issue, the High Commissioner will provide information and, on request, advice to the CSO, or to any other institution or organization which the CSO may invite, in accordance with the provisions of Chapter III of this document, to take action with regard to the tensions or conflict.

(22) The High Commissioner, if so requested by the CSO and with due regard to the requirement of confidentiality in his/her mandate, will provide information about his/her activities at CSCE implementation meetings on Human Dimension issues.

Supplement

Sources of information about national minority issues

(23) The High Commissioner may:

(23a) collect and receive information regarding the situation of national minorities and the role of parties involved therein from any source, including the media and non-governmental organizations with the exception

referred to in paragraph (25) ;

(23b) receive specific reports from parties directly involved regarding developments concerning national minority issues. These may include reports on violations of CSCE commitments with respect to national minorities as well as other violations in the context of national minority issues.

(24) Such specific reports to the High Commissioner should meet the following requirements:

–           they should be in writing, addressed to the High Commissioner as such and signed with full names and addresses;

–           they should contain a factual account of the developments which are relevant to the situation of persons belonging to national minorities and the role of the parties involved therein, and which have taken place recently, in principle not more than 12 months previously. The reports should contain information which can be sufficiently substantiated.

(25) The High Commissioner will not communicate with and will not acknowledge communications from any person or organization which practises or publicly condones terrorism or violence.

Parties directly concerned

(26) Parties directly concerned in tensions who can provide specific reports to the High Commissioner and with whom the High Commissioner will seek to communicate in person during a visit to a participating State are the following:

(26a) governments of participating States, including, if appropriate, regional and local authorities in areas in which national minorities reside;

(26b) representatives of associations, non-governmental organizations, religious and other groups of national minorities directly concerned and in the area of tension, which are authorized by the persons belonging to those national minorities to represent them.

Conditions for travel by the High Commissioner

(27) Prior to an intended visit, the High Commissioner will submit to the participating State concerned specific information regarding the intended purpose of that visit. Within two weeks the State(s) concerned will consult with the High Commissioner on the objectives of the visit, which may include the promotion of dialogue, confidence and co-operation between the parties. After entry the State concerned will facilitate free travel and communication of the High Commissioner subject to the provisions of paragraph (25) above.

(28) If the State concerned does not allow the High Commissioner to enter the country and to travel and communicate freely, the High Commissioner will so inform the CSO.

(29) In the course of such a visit, subject to the provision of paragraph (25) the High Commissioner may consult the parties involved, and may receive information in confidence from any individual, group or organization directly concerned on questions the High Commissioner is addressing. The High Commissioner will respect the confidential nature of the information.

(30) The participating States will refrain from taking any action against persons, organizations or institutions on account of their contact with the High Commissioner.

High Commissioner and involvement of experts

(31) The High Commissioner may decide to request assistance from not more than three experts with relevant expertise in specific matters on which brief, specialized investigation and advice are required.

(32) If the High Commissioner decides to call on experts, the High Commissioner will set a clearly defined mandate and time-frame for the activities of the experts.

(33) Experts will only visit a participating State at the same time as the High Commissioner. Their mandate will be an integral part of the mandate of the High Commissioner and the same conditions for travel will apply.

(34) The advice and recommendations requested from the experts will be submitted in confidence to the High Commissioner, who will be responsible for the activities and for the reports of the experts and who will decide whether and in what form the advice and recommendations will be communicated to the parties concerned.

They will be non-binding. If the High Commissioner decides to make the advice and recommendations available, the State(s) concerned will be given the opportunity to comment.

(35) The experts will be selected by the High Commissioner with the assistance of the ODIHR from the resource list established at the ODIHR as laid down in the Document of the Moscow Meeting.

(36) The experts will not include nationals or residents of the participating State concerned, or any person appointed by the State concerned, or any expert against whom the participating State has previously entered reservations. The experts will not include the participating State’s own nationals or residents or any of the persons it appointed to the resource list, or more than one national or resident of any particular State.

Budget

(37) A separate budget will be determined at the ODIHR, which will provide, as appropriate, logistical support for travel and communication. The budg
et will be funded by the participating States according to the established CSCE scale of distribution. Details will be worked out by the Financial Committee and approved by the CSO.

III

EARLY WARNING, CONFLICT PREVENTION AND CRISIS MANAGEMENT (INCLUDING FACT-FINDING AND RAPPORTEUR MISSIONS AND CSCE PEACEKEEPING) ,

PEACEFUL SETTLEMENT OF DISPUTES

Early warning, conflict prevention and crisis management (including fact-finding and rapporteur missions and CSCE peacekeeping)

(1) The participating States have decided to strengthen the structure of their political consultations and increase their frequency, and to provide for more flexible and active dialogue and better early warning and dispute settlement, resulting in a more effective role in conflict prevention and resolution, complemented, when necessary, by peacekeeping operations.

(2) The participating States have decided to enhance their capability to identify the root causes of tensions through a more rigorous review of implementation to be conducted both through the ODIHR and the CPC. They have also decided to improve their capability to gather information and to monitor developments, as well as their ability to implement decisions about further steps. They have recommitted themselves to co-operating constructively in using the full range of possibilities within the CSCE to prevent and resolve conflicts.

Early warning and preventive action

(3) In order to have early warning of situations within the CSCE area which have the potential to develop into crises, including armed conflicts, the participating States will make intensive use of regular, in-depth political consultations, within the structures and institutions of the CSCE, including implementation review meetings.

(4) The CSO, acting as the Council’s agent, will have primary responsibility in this regard.

(5) Without prejudice to the right of any State to raise any issue, the attention of the CSO may be drawn to such situations through the Chairman-in-Office, inter alia, by:

–           any State directly involved in a dispute;

–           a group of 11 States not directly involved in the dispute;

–           the High Commissioner on National Minorities in situations he/she deems escalating into a conflict or exceeding the scope of his/her action;

–          the Consultative Committee of the CPC in accordance with paragraph 33 of the Prague Document;

–           the Consultative Committee of the CPC following the use of the mechanism for consultations and co-operation as regards unusual military activities;

–          the use of the Human Dimension Mechanism or the Valletta Principles for Dispute Settlement and

Provisions for a CSCE Procedure for Peaceful Settlement of Disputes. Political management of crisis

(6) The CSO will promote steps by the State or States concerned to avoid any action which could aggravate the situation and, if appropriate, recommend other procedures and mechanisms to resolve the dispute peacefully.

(7) In order to facilitate its consideration of the situation, it may seek independent advice and counsel from relevant experts, institutions and international organizations.

(8) If the CSO concludes that concerted CSCE action is required, it will determine the procedure to be employed in the light of the nature of the situation. It will have, acting on behalf of the Council, overall CSCE responsibility for managing the crisis with a view to its resolution. It may, inter alia, decide to set up a framework for a negotiated settlement, or to dispatch a rapporteur or fact-finding mission. The CSO may also initiate or promote the exercise of good offices, mediation or conciliation.

(9) In this context the CSO may delegate tasks to:

–           the Chairman-in-Office, who may designate a personal representative to carry out certain tasks, as defined in paragraph (22) of Chapter I of this document;

–           the Chairman-in-Office, assisted by the preceding and succeeding Chairmen-in-Office operating together as a Troika, as defined in paragraph (15) of Chapter I of this document;

–           an ad hoc steering group of participating States, as defined in paragraphs (16) to (21) of Chapter I of this document;

–          the Consultative Committee of the CPC, or other CSCE institutions.

(10) Once the CSO has determined the procedure to be applied, it will establish a precise mandate for action, including provisions for reporting back within an agreed period. Within the limits of that mandate, those to whom the CSO has delegated tasks under the preceding paragraph will retain the freedom to determine how to proceed, with whom to consult, and the nature of any recommendations to be made.

(11)     All participating States concerned in the situation will fully co-operate with the CSO and the agents it has designated.

Instruments of conflict prevention and crisis management

Fact-finding and rapporteur missions

(12) Fact-finding and rapporteur missions can be used as an instrument of conflict prevention and crisis management.

(13)     Without prejudice to the provisions of paragraph 13 of the Moscow Document in respect of Human Dimension issues, and paragraph 29 of the Prague Document in respect of Unusual Military Activities, the CSO or the Consultative Committee of the CPC may decide, by consensus, to establish such missions. Such decisions will in every case contain a clear mandate.

(14) The participating State(s) will co-operate fully with the mission on its territory in pursuance of the mandate and facilitate its work.

(15) Reports of fact-finding and rapporteur missions will be submitted for discussion to the CSO or the Consultative Committee of the CPC as applicable. Such reports and any observations submitted by the State(s) visited will remain confidential until they are discussed. The reports will normally be made public. If, however, the mission or the participating State(s) visited request that they should be kept confidential, they will not be made public, unless otherwise decided by the participating States.

(16) Except where provided on a voluntary basis, the expenses of fact-finding and rapporteur missions will be borne by all participating States in accordance with the scale of distribution.

CSCE peacekeeping

(17) Peacekeeping constitutes an important operational element of the overall capability of the CSCE for

conflict prevention and crisis management intended to complement the political process of dispute resolution. CSCE peacekeeping activities may be undertaken in cases of conflict within or among participating States to help maintain peace and stability in support of an ongoing effort at a political solution.

(18) A CSCE peacekeeping operation, according to its mandate, will involve civilian
and/or military personnel, may range from small-scale to large-scale, and may assume a variety of forms including observer and monitor missions and larger deployments of forces. Peacekeeping activities could be used, inter alia, to supervise and help maintain cease-fires, to monitor troop withdrawals, to support the maintenance of law and order, to provide humanitarian and medical aid and to assist refugees.

(19) CSCE peacekeeping will be undertaken with due regard to the responsibilities of the United Nations in this field and will at all times be carried out in conformity with the Purposes and Principles of the Charter of the United Nations. CSCE peacekeeping will take place in particular within the framework of Chapter VIII of the Charter of the United Nations. The CSCE, in planning and carrying out peacekeeping operations, may draw upon the experience and expertise of the United Nations.

(20) The Chairman-in-Office will keep the United Nations Security Council fully informed of CSCE peacekeeping activities.

(21) The Council, or the CSO acting as its agent, may conclude because of the specific character of an operation and its envisaged size that the matter should be referred by the participating States to the United Nations Security Council.

(22) CSCE peacekeeping operations will not entail enforcement action.

(23)     Peacekeeping operations require the consent of the parties directly concerned.

(24)     Peacekeeping operations will be conducted impartially.

(25) Peacekeeping operations cannot be considered a substitute for a negotiated settlement and therefore must be understood to be limited in time.

(26)     Requests to initiate peacekeeping operations by the CSCE may be addressed by one or more participating States to the CSO through the Chairman-in-Office.

(27) The CSO may request the Consultative Committee of the CPC to consider which peacekeeping activities might be most appropriate to the situation and to submit its recommendations to the CSO for decision.

(28)     The CSO will exercise overall political control and guidance of a peacekeeping operation.

(29) Decisions to initiate and dispatch peacekeeping operations will be taken by consensus by the Council or the CSO acting as its agent.

(30) The Council/CSO will only take such decisions when all parties concerned have demonstrated their commitment to creating favourable conditions for the execution of the operation, inter alia, through a process of peaceful settlement and their willingness to co-operate. Before the decision to dispatch a mission is taken, the following conditions must be fulfilled:

–           establishment of an effective and durable cease-fire;

–           agreement on the necessary Memoranda of Understanding with the parties concerned, and

–           provision of guarantees for the safety at all times of personnel involved.

(31)     Missions will be dispatched as soon as possible following such a decision.

(32) Decisions by the CSO to establish a peacekeeping operation will include the adoption of a clear and precise mandate.

(33)     When establishing a mission, the CSO will take into account the financial implications involved.

(34) The terms of reference of a peacekeeping operation will define practical modalities and determine requirements for personnel and other resources. Preparation of the terms of reference will be carried out, as appropriate, by the Consultative Committee of the CPC. They will be adopted by the CSO unless it has agreed otherwise.

(35)     All participating States are eligible to take part in CSCE peacekeeping operations. Appropriate consultations by the Chairman-in-Office will take place. Participating States will be invited by the Chairman-in-Office of the CSO to contribute, on an individual basis, to an operation case by case.

(36)     Personnel will be provided by individual participating States.

(37) Parties concerned will be consulted about which participating States will contribute personnel to the operation.

(38) The Council/CSO will regularly review an operation and make any necessary decision related to its conduct, taking into account political developments and developments in the field.

Chain of Command

(39) The Council/CSO will assign overall operational guidance of an operation to the Chairman-in-Office assisted by an ad hoc group established at the CPC. The Chairman-in-Office will chair the ad hoc group and, in this capacity, be accountable to it, and will receive, on behalf of the ad hoc group, the reports of the Head of Mission. The ad hoc group will, as a rule, consist of representatives of the preceding and succeeding Chairmen-in-Office, of the participating States providing personnel for the mission and of participating States making other significant practical contributions to the operation.

(40) The ad hoc group will provide overall operational support for the mission and will monitor it. It will act as a 24-hour point of contact for the Head of Mission and assist the Head of Mission as required.

(41) Continuous liaison between the operation and all participating States will be ensured by the Consultative Committee of the CPC through the regular provision of information to it by the ad hoc group.

(42) In all cases where the CSO assigns tasks related to peacekeeping to the CPC, the Consultative Committee of the CPC will be responsible to the CSO for the execution of those tasks.

Head of Mission

(43) The Chairman-in-Office, after appropriate consultations, will nominate a Head of Mission for endorsement by the CSO.

(44) The Head of Mission will be responsible to the Chairman-in-Office. The Head of Mission will consult and be guided by the ad hoc group.

(45)     The Head of Mission will have operational command in the mission area.

Financial arrangements

(46) Peacekeeping operations require a sound financial basis and must be planned with maximum efficiency and cost-effectiveness on the basis of clear cost projections.

(47) Costs of CSCE peacekeeping activities will be borne by all CSCE participating States. At the beginning of each calendar year, the CSO will establish a reasonable ceiling for the cost of peacekeeping operations to which the CSCE scale of distribution will be applied. Beyond that limit, other special arrangements will be negotiated and agreed to by consensus. Full and timely payments will be required.

(48)     Additional contributions could be provided by participating States on a voluntary basis.

(49) Financial accountability will be ensured by the Chairman-in-Office through regular reports to the participating States.

(50) A start-up fund will, if appropriate, be established to cover the initial costs of an operation. Contributions by a participating State to the start-up fund will be deducted from that State’s re
gular assessed share of the costs relating to the operation.

(51)  The Consultative Committee of the CPC is charged to submit to the CSO by the end of 1992 a recommendation with regard to financial modalities of CSCE peacekeeping operations, specifying, inter alia, the costs to be shared among participating States in accordance with the preceding paragraphs.

Co-operation with regional and transatlantic organizations

(52)     The CSCE may benefit from resources and possible experience and expertise of existing organizations such as the EC, NATO and the WEU, and could therefore request them to make their resources available in

order to support it in carrying out peacekeeping activities. Other institutions and mechanisms, including the peacekeeping mechanism of the Commonwealth of Independent States (CIS) , may also be asked by the CSCE to support peacekeeping in the CSCE region.

(53) Decisions by the CSCE to seek the support of any such organization will be made on a case-by-case basis, having allowed for prior consultations with the participating States which belong to the organization concerned. The CSCE participating States will also take into account the consultations by the Chairman-in-Office regarding prospective participation in the mission, in light of the envisaged size of the operation and the specific character of the conflict.

(54) Contributions by such organizations will not affect the procedures for the establishment, conduct and command of CSCE peacekeeping operations as set out in paragraphs (17) to (51) above, nor does the involvement of any such organization affect the principle that all participating States are eligible to take part in CSCE peacekeeping operations as set out in paragraph (35) above.

(55) Organizations contributing to CSCE peacekeeping would carry out defined and mutually agreed tasks in connection with the practical implementation of a CSCE mandate.

(56) The ad hoc group will establish and maintain effective communication with any organization whose resources may be drawn upon in connection with CSCE peacekeeping activities.

Peaceful settlement of disputes

(57) The participating States consider their commitment to settle disputes among themselves by peaceful means to form a cornerstone of the CSCE process. In their view, the peaceful settlement of disputes is an essential component of the CSCE’s overall ability to manage change effectively and to contribute to the maintenance of international peace and security.

(58) The participating States welcome the work done to this end by the Helsinki Follow-up Meeting. In particular they were encouraged by significant progress made on issues relating to creating a conciliation and arbitration court within the CSCE, enhancing the Valletta mechanism and establishing a CSCE procedure for conciliation including directed conciliation, for which proposals were submitted.

(59) In the light of the important subject matter and of the discussions held here in Helsinki, they have decided to continue to develop a comprehensive set of measures to expand the options available within the CSCE to assist States to resolve their disputes peacefully.

(60) In this respect, the Council of Ministers and the CSO could play an important role, in particular by encouraging wider use of conciliation.

(61) Accordingly, intending to reach early results, they have decided to convene a CSCE meeting in Geneva, with a first round from 12 to 23 October 1992, to negotiate a comprehensive and coherent set of measures as mentioned above. They will take into account the ideas expressed regarding procedures for a compulsory element in conciliation, setting up of a court of conciliation and arbitration within the CSCE, and other means.

(62) The results of the meeting will be submitted to the Council of Ministers at the Stockholm Meeting on 14 and 15 December 1992 for approval and, as appropriate, opening for signature.

IV

RELATIONS WITH INTERNATIONAL ORGANIZATIONS, RELATIONS WITH NON-PARTICIPATING STATES, ROLE OF NON-GOVERNMENTAL ORGANIZATIONS (NGOs)

(1) The new tasks before the CSCE require clearer relations and closer contacts with international organizations, in particular with the United Nations, and non-participating States. The CSCE remains at the same time a process whose activities go far beyond formal relations among governments to involve citizens and societies of the participating States. Successful efforts to build a lasting peaceful and democratic order and to manage the process of change require more structured and substantive input from groups, individuals, States and organizations outside the CSCE process.

To this end, the participating States have decided as follows:

Relations with international organizations

(2) The participating States, reaffirming their commitments to the Charter of the United Nations as subscribed to by them, declare their understanding that the CSCE is a regional arrangement in the sense of Chapter VIII of the Charter of the United Nations and as such provides an important link between European and global security. The rights and responsibilities of the United Nations Security Council remain unaffected in their entirety.

(3) Recalling the relevant decisions of the Prague Document, the participating States will improve contact and practical co-operation with appropriate international organizations.

(4) They may accordingly agree to invite presentations by those international organizations and institutions mentioned in the Prague Document and others, as appropriate.

(5) Those organizations, institutions and others as agreed may be invited to attend CSCE meetings and seminars as guests of honour with appropriate name-plates.

(6) They will make full use of the information exchange under paragraph 44 of the Prague Document.

Relations with non-participating Mediterranean States

(7) Recalling the provisions of the Final Act and other CSCE relevant documents and consistent with established practice, the non-participating Mediterranean States will continue to be invited to contribute to CSCE activities.

(8) Measures to widen the scope of co-operation with non-participating Mediterranean States are set forth in Chapter X.

Relations with non-participating States

(9) In accordance with paragraph 45 of the Prague Document, the participating States intend to deepen their co-operation and develop a substantial relationship with non-participating States, such as Japan, which display an interest in the CSCE, share its principles and objectives, and are actively engaged in European co-operation through relevant organizations.

(10) To this end, Japan will be invited to attend CSCE meetings, including those of Heads of State and Government, the CSCE Council, the Committee of Senior Officials and other appropriate CSCE bodies which consider specific topics of expanded consultation and co-operation.

(11) Representatives of Japan may contribute to such meetings, without participating in the preparation and adoption of decisions, on subjects in which Japan has a direct interest and/o
r wishes to co-operate actively with the CSCE.

Increasing openness of CSCE activities, promoting understandingof the CSCE, expanding the role of

NGOs

(12) The participating States will increase the openness of the CSCE institutions and structures and ensure wide dissemination of information on the CSCE.

(13)     To this end:

–           the Chairman-in-Office assisted by the CSCE Secretariat will arrange briefings on the political consultation process;

–           the CSCE institutions will, within existing budgets, provide information to the public and organize public briefings on their activities;

–           the Secretariat will facilitate the flow of information to and contacts with the media, bearing in mind that CSCE policy issues remain the responsibility of participating States.

(14) The participating States will provide opportunities for the increased involvement of non-governmental organizations in CSCE activities.

(15)     They will, accordingly:

–           apply to all CSCE meetings the guidelines previously agreed for NGO access to certain CSCE meetings;

–           make open to NGOs all plenary meetings of review conferences, ODIHR seminars, workshops and meetings, the CSO when meeting as the Economic Forum, and human rights implementation meetings, as well as other expert meetings. In addition each meeting may decide to open some other sessions to attendance by NGOs;

–           instruct Directors of CSCE institutions and Executive Secretaries of CSCE meetings to designate an “NGO liaison person” from among their staff;

–           designate, as appropriate, one member of their Foreign Ministries and a member of their delegations to CSCE meetings to be responsible for NGO liaison;

–           promote contacts and exchanges of views between NGOs and relevant national authorities and governmental institutions between CSCE meetings;

–           facilitate during CSCE meetings informal discussion meetings between representatives of participating States and of NGOs;

–           encourage written presentations by NGOs to CSCE institutions and meetings, titles of which may be kept and provided to the participating States upon request;

–           provide encouragement to NGOs organizing seminars on CSCE-related issues;

–           notify NGOs through the CSCE institutions of the dates of future CSCE meetings, together with an indication, when possible, of the subjects to be addressed, as well as, upon request, the activations of CSCE mechanisms which have been made known to all participating States.

(16) The above provisions will not be applied to persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.

(17)     The participating States will use all appropriate means to disseminate as widely as possible within their societies knowledge of the CSCE, its principles, commitments and activities.

(18)     The concept of a CSCE Prize will be considered.

V

CSCE FORUM FOR SECURITY CO-OPERATION

The participating States of the Conference on Security and Co-operation in Europe,

(1) Reaffirming their commitments undertaken in the Charter of Paris for a New Europe and, in particular, their determination to establish new negotiations on disarmament and confidence- and security-building open to all participating States,

(2) Encouraged by the opportunities for new co-operative approaches to strengthening security offered by the historic changes and by the process of consolidation of democracy in the CSCE community of States,

(3) Welcoming the adoption of the Vienna Document 1992 on Confidence- and Security-building Measures, the conclusion of the Treaty on Open Skies and the adoption of the CSCE Declaration on the Treaty on Open Skies and the Concluding Act of the Negotiation on Personnel Strength of Conventional Armed Forces in Europe as well as the imminent entry into force of the Treaty on Conventional Armed Forces in Europe (CFE)

(4) Determined to build upon those important achievements and to give a new impetus to arms control, disarmament and confidence- and security-building, security co-operation and conflict prevention in order to better contribute to the strengthening of security and stability and the establishment of a just and lasting peace within the CSCE community of States,

(5) Underlining the equality of rights and the equal respect for the security interests of all CSCE participating States,

(6) Reaffirming their right to choose their own security arrangements,

(7) Recognizing that security is indivisible and that the security of every participating State is inseparably linked to that of all others,

(8) Have decided

–           to start a new negotiation on arms control, disarmament and confidence- and security-building,

–           to enhance regular consultation and to intensify co-operation among them on matters related to security, and

–           to further the process of reducing the risk of conflict.

(9) To carry out these tasks the participating States have decided to establish a new CSCE Forum for Security Co-operation, with a strengthened Conflict Prevention Centre, as an integral part of the CSCE.

(10) The participating States will ensure that their efforts in the Forum towards arms control, disarmament and confidence- and security-building, security co-operation and conflict prevention are coherent, interrelated and complementary.

Objectives

(11) The participating States will strengthen security and stability through the negotiation of concrete measures aimed at keeping or achieving the levels of armed forces to a minimum commensurate with common or individual legitimate security needs within Europe and beyond. These new measures may entail reductions of and limitations on conventional armed forces and may, as appropriate, include measures of a regional character.

(12) They will address the question of the harmonization of obligations agreed among participating States under the various existing instruments concerning arms control, disarmament and confidence- and security-building.

(13)     They will develop the Vienna Document 1992 on the basis of a review of its implementation.

(14)     They will negotiate new stabilizing measures in respect of military forces and new confidence- and security-building measures designed to ensure greater transparency in the military field. Such measures may

be of a regional character and/or may apply in relation to certain border areas.

* * *< /p>

(15) The participating States will aim at establishing among themselves new security relations based upon co-operative and common approaches to security. To this end, they will develop consultation, goal-oriented continuing dialogue and co-operation in the field of security.

(16) They will promote increased predictability about their military plans, programmes and capabilities, including the introduction of major new weapons systems.

(17)     They will support and enhance regimes on non-proliferation and arms transfers.

(18)     They will enhance contacts, liaison, exchanges and co-operation between their armed forces.

(19) They will promote consultation and co-operation in respect of challenges to their security from outside their territories.

(20) They will also consider other measures to foster security among the participating States in order to contribute to a just and lasting peace among them, including the possibility of further strengthening the norms

of behaviour among them through the elaboration of additional security instruments.

* * *

(21)     They will make every effort to prevent conflict and give full effect to relevant provisions.

(22) They will further enhance the capability of the CPC to reduce the risks of such conflicts through relevant conflict prevention techniques.

(23)     They will foster their co-operation in the field of the implementation and verification of existing and

future arms control, disarmament and confidence- and security-building agreements.

* * *

(24) The negotiations on new measures of arms control, disarmament and confidence- and security-building will proceed in distinct phases, taking into account progress made in the implementation of existing arms

control agreements. They will also take into consideration ongoing reduction, restructuring and redeployment processes regarding armed forces as well as further relevant political and military developments. Such new measures will build upon the achievements of existing agreements and will be effective, concrete and militarily significant.

(25)     All measures negotiated in the Forum will be developed in a way which precludes circumvention.

Programme for immediate action

(26)     A Programme for Immediate Action is set out in the Annex. It can be amended, supplemented or extended by consensus. It will be reviewed, together with the progress and results obtained, at the review conference preceding the next meeting of CSCE Heads of State or Government.

(27)     Additional proposals can be tabled and discussed at any time.

Area of application

(28) Each measure to be negotiated in the Forum will have an area of application according to its nature. The areas of application for negotiations under the Programme for Immediate Action are set out therein in relation to its relevant elements. This is without prejudice to subsequent negotiations on arms control, disarmament and confidence- and security-building or security co-operation in the Forum. Consideration of decisions concerning the area of application will take into account existing agreements and the need for greater transparency.

Constitution and organization of the Forum

(29)     The arrangements for the Forum will be as follows:

(30) The Special Committee meeting either:

(a)          for negotiations on arms control, disarmament and confidence- and security-building, or

(b)           for consideration of, goal-oriented dialogue on and, as appropriate, elaboration or negotiation of proposals for security enhancement and co-operation.

(31) The Consultative Committee in respect of the existing and future tasks of the CPC.

(32) In order to ensure coherence the representation of the participating States on the Special Committee and the Consultative Committee will in principle be assured by the same delegation. Appropriate meetings will be held as necessary for organizational purposes.

Procedures

(33)     The Forum will, unless otherwise agreed below, work according to the CSCE procedures. 1. The Special Committee

(34) The Special Committee may establish under its authority subsidiary working bodies open to all participating States. They will work on an ad referendum basis and report regularly to the Special Committee. Any question under consideration by such subsidiary working bodies may at any time be raised before the Special Committee.

(35) Consideration and negotiation of regional measures undertaken within the CSCE framework will form an integral part of the activity of the Forum.

(36)     They will be dealt with in open-ended working groups established by the Special Committee.

(37) Alternatively, the Special Committee may decide, on the initiative of a limited number of participating States, and on the basis of information provided by them on the nature and the scope of the measures envisaged, that these States form a working group in order to consider, negotiate or develop among themselves certain regional measures. Such working groups will on a regular basis provide appropriate information on their activities to the Special Committee and will submit to it the results.

(38)     Any question under consideration by such working groups may at any time be raised before the Special Committee.

(39) This is without prejudice to the right of States to consider, negotiate or develop measures among themselves outside the framework of the CSCE. In such cases they are invited to inform the Forum about progress and results of their work.

2. The Consultative Committee

(40)     The procedures of the Consultative Committee will be based on the relevant decisions of the CSCE Council.

Form of commitments

(41) The results of the negotiations of the Forum will be expressed in international commitments. The nature of obligations will be determined by the character of the measures agreed. They will enter into force in the forms and according to the procedures to be agreed by the negotiators.

Verification

(42)     Measures will, if appropriate, be provided with suitable forms of verification according to their nature.

Conference services

(43) Common conference services for the Special Committee and the Consultative Committee as well as for all their subsidiary bodies (including seminars) will be provided by an Executive Secretary to be nominated by the host country. The Executive Secretary may also, if so decided by those concerned, provide conference services for meetings of the CFE Joint Consultative Group and the Open Skies Consultative Commission. The Executive Secretary will assume full responsibility for the organization of all th
e relevant meetings as well as for all related administrative and budgeting arrangements, for which he will be accountable to the participating States according to procedures to be agreed.

(44)     The Special Committee and the Consultative Committee will use the same premises.

(45)     The new CSCE Forum for Security Co-operation shall commence in Vienna on 22 September 1992.

ANNEX

Programme for immediate action

(46) The participating States have decided to give early attention to the following: A. Arms control, disarmament and confidence- and security-building

Measures to be negotiated under paragraphs 1-3 will apply to the territory of the participating States in Europe or in Asia as defined below in relation to the area of application of each measure. Measures to be negotiated under paragraphs 4 and 5 will apply to the conventional armed forces and facilities of the participating States both on the territory of all the participating States and beyond. Measures to be negotiated under paragraph 6 will apply to the territory or part thereof of the participating States involved in the measures. Exceptions to these rules on the area of application may be agreed by consensus.

1. Harmonization of obligations concerning arms control, disarmament and confidence- and security-building

An appropriate harmonization of the obligations of participating States under existing international instruments applicable to conventional armed forces in Europe, in particular of those concerning the exchange of information, verification and force levels. The harmonization of obligations concerning arms control, disarmament and confidence- and security-building will apply to the areas of application in respect of which the obligations have been undertaken.

2. Development of the Vienna Document 1992

Improvement and further development of confidence- and security-building measures contained in this document. The area of application will be as set out in the Vienna Document 1992.

3. The further enhancement of stability and confidence

The negotiation of new stabilizing measures and confidence-building measures related to conventional armed forces, including, with due regard to the specific characteristics of the armed forces of individual participating States, measures to address force generation capabilities of active and non-active forces. These measures may

be of a constraining kind. They will apply within the area of application set out in the Vienna Document 1992. This is without prejudice to the possibility that participating States may, if they so choose, decide to offer certain assurances in respect of their conventional armed forces in parts of their territory adjacent to this area of application if they consider such forces relevant to the security of other CSCE participating States.

4. Global exchange of military information

The negotiation of further transparency by means of a global annual appropriately aggregated or disaggregated exchange of information encompassing armaments and equipment, including information on armaments and equipment categories limited by the CFE Treaty, and personnel in the conventional armed forces of the participating States. The regime will also include information on the production of military equipment. The regime will be separate from other information exchange regimes and, because of its special nature, will not involve limitations, constraints or verification.

5. Co-operation in respect of non-proliferation

Co-operation in respect of the strengthening of multilateral non-proliferation regimes, including the transfer of sensitive expertise, and the establishment of a responsible approach to international armaments transfers.

6. Regional measures

The negotiation by the participating States of suitable measures, including, where appropriate, reductions or limitations in accordance with the objectives set out above, for example in relation to certain regions or border areas. The area of application will be the territory or part thereof of the participating States’ territories involved in a regional measure.

B. Security enhancement and co-operation

Proposals for and dialogue on measures and activities under paragraphs 7-12 will apply to all participating States, unless otherwise agreed or specified below.

7.         Force planning

The elaboration of provisions to provide transparency about each CSCE participating State’s intentions in the medium to long term as regards the size, structure, training and equipment of its armed forces, as well as defence policy, doctrines and budgets related thereto. Such a system should be based on each participating State’s national practice, and should provide the background for a dialogue among the participating States.

8. Co-operation in defence conversion

The development of a programme of exchanges, co-operation and the sharing of expertise in the field of defence conversion throughout all the territory of the participating States.

9. Co-operation in respect of non-proliferation

Co-operation in respect of the strengthening of multilateral non-proliferation regimes, including the transfer of sensitive expertise, and the establishment of a responsible approach to international armaments transfers.

10.      Development of provisions on military co-operation and contacts

The development of a programme of military contacts, liaison arrangements, co-operation and exchanges, particularly in the fields of the training and organization of armed forces. Participation in this programme will be open to all CSCE participating States in respect of all their armed forces and territory.

11.      Regional security issues

Discussion and clarification of regional security issues or specific security problems for example in relation to border areas.

12.      Security enhancement consultations

Goal-oriented dialogue and consultations aimed at enhancing security co-operation, including through the further encouragement of responsible and co-operative norms of behaviour on politico-military aspects of security. The participating States will undertake consultations with a view to strengthening the role of the CSCE, by establishing a code of conduct governing their mutual relations in the field of security.

Conflict prevention

Consistent with and further to the decisions taken in Paris, Prague and Helsinki about the tasks of the CPC, the following parts of this work programme will be undertaken in the CPC:

13.      Relevant techniques

Without prejudice to other tasks of the CPC or to the competence of the Committee of Senior Officials in the field of conflict prevention and crisis management, the Consultative Committee will, particularly in the light of experience gained in the execution of its own tasks, maintain under consideration the need for improvements in relevant techniques.

14. Co-operation in the field of verification

The encouragement of practical co-operation, through training, exchanges and participation in evaluation and inspection teams, in the implementation of the verification provisions of arms control, disarmament and confidence- and security-building agreements among CSCE participants who are parties to such agreements. The area of application will correspond to that of the relevant agreements.

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.

VII

ECONOMIC CO-OPERATION

(1) The participating States will intensify co-operation among them in order to achieve sustainable economic development. They will continue to co-operate in supporting those participating States which are engaged in

the transition process to market economies.

(2) The participating States welcome the fact that, in response to the Document of the Bonn Conference on Economic Co-operation and the Charter of Paris for a New Europe, the United Nations Economic Commission for Europe (ECE) has identified priority areas for its activities and considers the promotion of the process of reform in economies in transition important in the preparation of its work programme. They also welcome the establishment within OECD of the Centre for Co-operation with European Economies in Transition (CCEET) , through which countries in transition have access to the expertise of that organization. They express their satisfaction that the EBRD is now in a position to provide substantial support for the restructuring and modernization of the economies in transition.

(3) The participating States invite these and other international economic and financial organizations to pursue their work, so as to facilitate the integration of the economies in transition into the international economic and financial system and to promote economic co-operation in the CSCE area. They call for increased co-ordination among them in order to ensure greater coherence and effectiveness of action and to avoid duplication.

(4) The participating States will work to ensure the further implementation of their existing commitments. They agree to give renewed impetus in particular in the areas of human resources, industrial co-operation, trade, statistics, infrastructure, energy, defence conversion, agriculture, tourism and science and technology.

(5) The participating States emphasize the need for continuing co-operation and investment in human resources development in order to cope with problems of transition to market economies, rapid technological changes and the evolution of society. Recognizing the importance of education and training, including management and vocational training at all levels, they will intensify their dialogue on education and training systems and promote further co-operation in this area.

(6) The participating States will enhance opportunities for industrial co-operation by providing an appropriate legal and economic environment for business, particularly with the aim of strengthening the private sector and developing small and medium-sized enterprises. They will create favourable conditions for business by progressively reducing obstacles to trade, to freedom of establishment and to contacts among business communities. They will, if appropriate, improve legislation in particular with regard to customs, standardization, competition, property and intellectual property rights, banking, accounting and company law, capital movement and investment protection.

(7) The participating States recognize that the maintenance of an open multilateral trading system based on General Agreement on Tariffs and Trade (GATT) rules is an essential element in stimulating economic development. They will intensify their efforts to help economies in transition through increased market access.

(8) The participating States stress the importance of comprehensive, transparent and reliable statistics and commercial and administrative information as a basis for policy making and, in particular, for economic decision making, as well as for the efficient operation of a market economy. They will further improve the quality, timeliness and availability of this information. They recognize the valuable role of the ECE in this field, as well as the contribution by OECD of related fundamental analysis and information.

(9) The participating States emphasize the importance of the development of infrastructure, especially in the transport and telecommunication sectors, for a successful transition period and a greater share in international trade.

(10) In view of the impact of increasing transport activities on transport capacity, the environment and safety, they will co-operate in order to improve the efficiency and quality of transport by land, water and air. They will also co-operate in developing an efficient transport system within the CSCE area based on the principles of the market economy, safety and transparent and fully competitive conditions among operators and different modes of transport, with due consideration for the environment and social aspects. They stress the importance of further development and early completion of joint road and rail infrastructure projects, including those being undertaken by the ECE and United Nations Development Programme (UNDP) .

(11) Taking into account the impact on the environment, they will pay particular attention to the development of low-emission transport systems, notably rail, inland waterways and combined transport operations.

(12) They will co-operate in creating an integrated telecommunications market, paying particular attention to the development of modern telecommunications infrastructure and related service capabilities, the establishment and expansion of telecommunications networks throughout the CSCE region, technical

co-operation and the facilitation of the free flow of information.

(13) The participating States fully support the further development of the European Energy Charter and stress the importance of completing work on and implementing the Basic Agreement and the protocols. They consider these documents of particular importance for the period of transition and, recognizing their mutual interests in this field, they will co-operate to take advantage of the available opportunities.

(14) They emphasize the need for further energy sector co-operation with the objective of improving the security of energy supply, maximizing the efficiency of the production, conversion, transport, distribution and use of energy, enhancing safety and minimizing environmental problems, on an acceptable economic basis. In this context they also recognize the importance of existing international programmes, such as Energy Efficiency 2000 under the auspices of the ECE. The participating States underline the need for close co-operation in related areas such as commercial development of and research into renewable energy sources, as well as the free movement of energy products.

(15) The participating States stress the social and economic importance of the conversion of military production to civilian purposes. They support co-operation in the conversion of military production with interested participating States on a bilateral level, as well as within the framework of international organizations.

(16) The participating States stress the importance of agricultural reforms carried out in certain economies in transition. They will expand co-operation in sharing agricultural production
expertise, including issues of privatization, co-operation and training in the agricultural and food industries.

(17) In order to take advantage of the enhanced opportunities for tourism since the opening of borders, the participating States will co-operate in improving, inter alia, infrastructure, services and harmonization of definitions and indicators, while giving due consideration to the impact of tourism on the environment. They will enhance their co-operation in the field of training and education in this sector and encourage the exchange of know-how and relevant information and the setting up of joint operations.

(18) Reaffirming the essential role of science and technology in the process of sustainable economic and social development, the participating States will enhance their co-operation in this field giving priority to areas which are of direct concern to their populations and to their production systems. This will include areas such as environmental research, biomedicine and health research, nuclear safety, energy and raw material saving techniques, agro- and food-processing technologies as well as measurement and testing techniques in order to facilitate the progressive introduction of international standards and codes of good practice to support the development of trade.

(19) They will take steps towards a greater sharing, where appropriate, of scientific and technological information and knowledge to overcome the technological gap, and recognize that the transfer of technology and exchange of up-to-date know-how should be consistent with non-proliferation obligations and the protection of intellectual property rights.

(20) Recognizing the need to develop human resources in the field of science and technology, they welcome the opportunity for further collaboration within appropriate international organizations and in research programmes such as COST and EUREKA, as well as the recent establishment of the International Centre for Science and Technology with centres in the Russian Federation and Ukraine. They will work towards the development of scientific networks and joint research projects.

Economic Forum

Mandate

(21) The CSCE Ministers agreed at the Prague Council Meeting (30 January 1992) to establish an Economic Forum within the framework of the CSO.

(22) The CSO will convene as the Economic Forum to give political stimulus to the dialogue on the transition to and development of free-market economies as an essential contribution to the building of democracy, to suggest practical efforts for the development of free-market systems and economic co-operation, and to encourage activities already under way within organizations such as the Organisation for Economic Co-operation and Development (OECD) , the European Investment Bank (EIB) , the EBRD and the ECE.

Organization

(23) The CSO will convene as the Economic Forum. The Economic Forum will thus be governed by the same arrangements as those applying to all regular CSO meetings.

(24) The Forum can invite contributions to its work by those European and transatlantic organizations relevant to the subject under discussion.

(25) The work of the Forum should be so structured as to avoid duplication of the work of international organizations and overcommitment of scarce resources.

(26) The Economic Forum will meet on an annual basis as a rule. The meeting will last for two to three days, and the discussion will focus on two to three specific subjects.

(27) The Economic Forum will consider topics and subjects that may require further study by experts. This will take the form of open-ended seminars on specific subjects during the course of the year. These meetings of experts may, with the agreement of the Forum, be organized and financed by one or more CSCE States and/or by international organizations, possibly in co-operation with private organizations.

(28) These meetings of experts can bring together economic policy makers, parliamentary leaders and representatives of non-governmental organizations and the private sector in a positive dialogue on co-operation and the transition to market economies.

(29)     The Forum will welcome reports of meetings of expert groups and encourages their distribution to all CSCE States. However, these groups of experts will not produce documents with commitments binding on CSCE States.

Functions

(30) The Economic Forum will permit the exchange of views and experiences concerning key issues of the transition process, as well as on the work of relevant international organizations.

(31) The Economic Forum should serve as an important mechanism for reviewing the implementation of CSCE commitments in the areas of economics, the environment and science and technology. The Forum should disseminate information, help to identify structural problems and suggest practical efforts for the development of economic co-operation in these areas during the period of transition.

(32) The political impulses which the Economic Forum is mandated to give to the discussion on the economic, environmental and science and technology aspects of the transition process will complement and support work in the international economic and environmental organizations that are addressing these problems at an operational level.

Indicative agenda for the first meeting of the Economic Forum

Prague 16-18 March 1993

1. OPENING

2. DISCUSSION ITEMS

Exchange of views and experiences concerning key issues of the transition process, and in this respect an implementation review, with particular focus on the following three areas, with an eye to the possibility for further co-operation:

–           key elements of a favourable business climate in the light of the provisions of the Document of the Bonn Conference, including the protection of all types of property and with particular emphasis on the place and role of public policy;

–           the human factors of the economic transition process, with emphasis on the development of human capital, including vocational and professional training and technical training, the development of managerial skills, fostering an entrepreneurial spirit, and working conditions;

–           integrating economic and environmental factors during the transition to market economies.

3. CONSIDERATION OF PROPOSALS FOR TOPICS FOR SEMINARS IN 1993

4. DATES AND AGENDA FOR THE NEXT MEETING OF THE ECONOMIC FORUM.

VIII

ENVIRONMENT

(1) The participating States will intensify the existing and growing co-operation between them in order to restore and maintain a sound ecological balance in air, water and soil and they recognize their individual and common commitment towards achieving these goals.

(2) The participating States stress the need to develop, in the appropriate fora, efficient systems for monitoring and evaluating compliance with existing environmental commitments. They are looking forward to the results of environmental policy performance reviews being carried ou
t in co-operation between OECD and the ECE. They encourage the ECE and other international organizations to consider ways of enabling all CSCE participating States to adhere to relevant conventions.

(3) The participating States underline that the integration of environmental protection in other policies and in the economic decision-making process is an essential condition both for the creation of sustainable economic development and for a prudent use of natural resources. In this respect, the use of economic and fiscal instruments in addition to regulatory instruments is important in order to implement, at national level, the “polluter-pays” principle, as well as the precautionary approach.

(4) They emphasize that environmental protection should be a major consideration in international co-operation among them. They encourage work towards elaborating an Action Programme for Central and Eastern Europe, as well as elements for an Environmental Programme for the whole of Europe, in the follow-up to the 1991 ministerial conference “Environment for Europe”.

(5) The participating States will support intensified work within the relevant international organizations to make liberalized international trade and the protection of the environment mutually supportive.

(6) The participating States stress the need to ensure effectively the safety of all nuclear installations, in order to protect the population and the environment. They will co-operate in the appropriate international fora on defining and establishing nuclear safety objectives.

(7) They recommend the widest possible adherence to the IAEA Conventions on Early Notification of a Nuclear Accident and on Assistance in the Case of a Nuclear Accident or Radiological Emergency and express their support for active work on the early elaboration of an international convention on nuclear safety in the framework of IAEA. The participating States welcome the International Nuclear Events Scale (INES) and Incident Reporting System.

(8) They will work to support the technical co-operation programmes of IAEA aimed at enhancing nuclear safety. They will support other international efforts in this direction aimed at, inter alia, upgrading the safety of nuclear installations where technically feasible, and where not feasible by developing and implementing plans, as soon as practically possible, to substitute them with facilities using environmentally sound energy production processes and through the improvement of energy efficiency.

(9) The participating States should ascertain that their military establishments conform to their nationally applicable environmental norms in the treatment and disposal of hazardous wastes.

(10) The participating States express their concern about the illegal international transport and disposal of toxic and hazardous wastes. They will co-operate to prevent the illegal movement and disposal of such wastes and to prohibit their export to and import by countries that do not have the technical means to process and dispose of them in an environmentally sound manner, in the context of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. With regard to international transport of radioactive waste they will take into account the IAEA Code of Practice on International Transboundary Movement of Radioactive Waste.

(11) The participating States will work towards the development of policies aimed at increasing environmental awareness and educating citizens to reduce the risks of natural and technological disasters, as well as preparing appropriate actions when such disasters occur. To this end, the participating States recognize

the important work under way through the United Nations Environment Programme (UNEP) Awareness and Preparedness for Emergencies at the Local Level (APELL) programme. The participating States will take appropriate steps to enhance public participation in environmental planning and decision making.

(12) The participating States urge the implementation of principles regarding the exchange of information on the state of the environment, consultation, early warning and assistance in environmental emergencies contained in the OECD Guiding Principles for Chemical Accident Prevention, Preparedness and Response, and in the ECE Convention on the Transboundary Effects of Industrial Accidents.

(13) They encourage the designation of national environmental arrangements, such as task forces, which could co-ordinate the dissemination of relevant information on expertise and equipment to countries facing emergencies, to the United Nations Centre for Urgent Environmental Assistance, and to other relevant international organizations. These arrangements will take into account the ECE Conventions on the Transboundary Effects of Industrial Accidents and on Environmental Impact Assessment in a Transboundary Context, as well as other relevant agreements.

(14) They would welcome the designation by the United Nations Centre for Urgent Environmental Assistance of one of its staff as liaison officer for the CSCE region, and recommend that the Centre be connected to the CSCE communications network, which could serve as a supplementary information system in emergency situations, taking into account the fact that the Centre will be subject to evaluation by the UNEP Governing Council in June 1993.

(15) The participating States will encourage in the appropriate fora the development of a network of protection areas in the CSCE region to conserve and safeguard the large-scale natural and near-natural biotopes and ecosystems still in existence, as part of their natural heritage, as well as further development of the protection and conservation of animals.

(16) Encouraging early implementation of the forest principles adopted at UNCED and recognizing the importance of sustaining the forest ecosystems of the CSCE region, the participating States decide to give impetus to this issue through practical discussions. In this regard, a Seminar of CSCE Experts on the subject of “Sustainable Development of Boreal and Temperate Forests”, will be convened in Montreal from

27 September to 6 October 1993. A proposal outlining the budget, agenda and modalities of this seminar will be presented by Canada for approval by the CSO before the end of 1992.

IX

THE CSCE AND REGIONAL AND TRANSFRONTIER CO-OPERATION

(1) The participating States welcome the various regional co-operation activities among the CSCE participating States as well as transfrontier co-operation and consider them an effective form of promoting CSCE principles and objectives as well as implementing and developing CSCE commitments.

(2) The participating States will encourage appropriate links among the various forms of regional co-operation as well as steps to provide the CSCE with relevant information on their activities in the framework of regional co-operation, including future work plans.

(3) The participating States will encourage and promote, both bilaterally and, as appropriate, multilaterally, including through initiatives in European and other international organizations, transfrontier co-operation between territorial communities or authorities, involving border areas of two or more participating States with the aim of promoting friendly relations between States.

(4) The development of transfrontier co-operation should involve governments,
regional and local authorities and communities.

(5) Transfrontier co-operation should be as comprehensive as possible, promoting increased contacts at all levels, including contacts among persons sharing a common origin, cultural heritage and religious belief.

(6) Special attention should be paid, inter alia, to co-operative infrastructural development, joint economic activity, ecology, tourism and administrative co-operation.

X

MEDITERRANEAN

(1) The participating States recognize that the changes which have taken place in Europe are relevant to the Mediterranean region and that, conversely, economic, social, political and security developments in that region can have a bearing on Europe. In this context, the CSO will seek to relate issues regarding co-operation in the Mediterranean to the goals of the CSCE process and will examine, as appropriate, practical modalities for possible contributions to the CSCE by non-participating Mediterranean States.

(2) The Chairman-in-Office of the CSO is encouraged to foster contacts with non-participating Mediterranean States in order to establish an effective information exchange.

(3) Non-participating Mediterranean States will be invited to future review conferences to make contributions concerning security and co-operation in the Mediterranean.

(4) A CSCE Mediterranean Seminar will be convened under the auspices of the CSO in the course of the year following this Follow-up Meeting. It will meet for a duration of no more than five working days. The date, location and agenda will be decided upon by the CSO.

(5) The Seminar can be attended by non-participating Mediterranean States, to which invitations will be extended.

(6) The agenda of the Seminar may comprise topics such as the environment, demographic trends or economic development and other areas of bSilateral and multilateral co-operation between CSCE participating States and non-participating Mediterranean States reflecting the general framework of principles of co-operation in the Mediterranean region as provided for in the Final Act and other CSCE documents. The Seminar will not produce a document with commitments binding on CSCE participating States.

XI

PROGRAMME OF CO-ORDINATED SUPPORT FOR RECENTLY ADMITTED PARTICIPATING

STATES

Further to paragraph 19 of the Summary of Conclusions of the Prague Meeting of the Council, the participating States decide to establish a programme of co-ordinated support for those participating States which have been admitted to the CSCE since 1991. Through the programme, inter alia, diplomatic, academic, legal and administrative expertise and advice on CSCE matters will be made available as follows.

(1) The programme will be co-ordinated by the ODIHR under the overall guidance of the CSO. The ODIHR will act as a centre of information for relevant activities of the CSCE and the participating States as well as international organizations, including the Council of Europe, as provided for in the mandate of the ODIHR. The ODIHR will make the information received available on request by the participating States.

(2) Subject to the approval of the CSO, the ODIHR will arrange meetings and seminars on CSCE matters, specially designed for recently admitted participating States. Such meetings and seminars will, where possible, be held in the recently admitted participating States. They will be focused on enhancing knowledge on matters dealt with in the CSCE among, inter alia, civil servants, the media and the public at large.

(3) Within its field of competence the CPC will arrange meetings and seminars on CSCE matters, specially designed for the recently admitted participating States. Such meetings and seminars will, where possible, be held in those States.

(4) The CSCE Secretariat will devote special attention to distributing CSCE documents to the recently admitted participating States.

(5) The officers of the CSCE Secretariat, the CPC Secretariat and the ODIHR will, when on missions to recently admitted participating States, make themselves available, to the extent possible to share their expertise in a relevant manner.

(6) Participating States may make available to the ODIHR any national inventories of CSCE expertise available within the diplomatic, academic, legal, administrative and other relevant fields. Persons, institutions and organizations thus listed could, through national initiatives and following requests from the recently admitted participating States, be invited for, inter alia, lectures, seminars, courses and advisory services on CSCE matters in the recently admitted participating States. Such persons, institutions and organizations may also be invited to the seminars arranged by the ODIHR on CSCE matters for recently admitted States, in order

to provide expertise in various areas of the democratic process.

(7) The participating States are encouraged to include representatives of the recently admitted participating States in government-sponsored internships, study and training programmes.

(8) Costs ensuing from national initiatives will be borne by the participating States providing the support in question. Costs of the CSCE institutions will be covered within their regular budgets. The provision of accommodation and full board, as well as of interpreters and meeting facilities, by those recently admitted participating States where activities take place will be welcomed as contributions to the costs of the programme of co-ordinated support. The participating States will be invited to contribute financially on a voluntary basis to the seminars and meetings envisaged.

(9) The next review conference will assess the results of this programme.

XII

ADMINISTRATIVE DECISIONS

Financial arrangements of the CSCE and cost-effectiveness

(1) An informal Financial Committee of Experts of the CSO is established to deal, inter alia, with the issues of budgets, cost savings and staffing. The Committee will meet quarterly, in conjunction with but prior to meetings of the CSO.

(2) The Committee will also consider rationalizing procedures concerning meetings and language staff as well as address a systematic way of handling arrears in CSCE payments by investigating the practice in international organizations, with a view to improving practices in the CSCE. The Committee will report and submit recommendations to the CSO for adoption.

(3) The following scale of distribution is effective as of 1 July 1992:*

*/ This decision is made on the understanding that the scale of distribution effective until 1 July 1992 will be applied to all costs related to the Helsinki Follow-up Meeting.

Country                                                                                                                                 Per cent

France                                                                        
                                                                9. 00

Germany                                                                                                                                     9. 00

Italy                                                                                                                                              9. 00

Russian Federation                                                                                                                  9. 00

United Kingdom                                                                                                                        9. 00

United States                                                                                                                             9. 00

Canada                                                                                                                                       5. 45

Spain                                                                                                                                          3. 65

Belgium                                                                                                                                      3. 55

Netherlands                                                                                                                               3. 55

Sweden                                                                                                                                      3. 55

Switzerland                                                                                                                                2. 30

Austria                                                                                                                                        2. 05

Denmark                                                                                                                                     2. 05

Holy See Liechtenstein

0. 15

0. 15

Malta

0. 15

Monaco

0. 15

San Marino

0. 15

(4) The question of reviewing the scale periodically, as well as questions relating to the criteria forming the basis of the scale, will be further discussed at an appropriate time by the CSO through the Financial Committee of Experts.

(5) The financial arrangements set out below do not apply to meetings covered by the budgets of the CSCE Secretariat or the ODIHR.

(6) Any participating State which offers to provide th
e venue and to organize a CSCE meeting not mentioned in paragraph (5) will ensure cost-effectiveness and financial discipline as regards the expenses of such meetings. The host government will at the same time submit a cost estimate for the premises accompanied by sufficient information to enable the participating States to assess the adequacy and cost-effectiveness of the facilities offered. As soon as the work programme has been decided by the participating States, the host government will submit, if necessary with the help of the CSCE Secretariat, a projection of those expenses subject to reimbursement by the participating States in accordance with the CSCE scale of distribution, including estimated costs of personnel, language services, equipment and administration.

(7) One month before the start of the meeting in question, the organizing authority appointed by the host government will distribute to all participating States a more precise financial forecast, following, where applicable, the structure of the budgets of the CSCE institutions.

(8) The organizing authority will ensure that appropriate records and accounts are kept of transactions and that all payments are properly authorized. A complete account of expenses subject to reimbursement by the participating States in accordance with the CSCE scale of distribution will be presented to the CSO within

60 days of the closure of the meeting or on a quarterly basis for long-running meetings.

(9) The participating States will contribute promptly to the expenses incurred in accordance with the CSCE scale of distribution. The organizing authority/host government may present lists of arrears to the Financial Committee of Experts.

(10)     Within 30 days of receiving the account of the meeting, participating States may transmit requests for further information or raise objections to the organizing authority if the account significantly exceeds the financial forecast.

(11)     The accounts of such CSCE meetings will be subject to external auditing. The audit report will be submitted to the Financial Committee of Experts.

(12) The Consultative Committee of the CPC, in co-ordination with the host country, is requested to prepare modalities for the cost-effective provision of conference services through a joint Executive Secretary for all appropriate Vienna-based fora for deliberation or negotiation, including meetings of the Consultative Committee itself, the Special Committee of the Forum for Security Co-operation, CPC seminars, and – if so agreed by those concerned – the CFE Joint Consultative Group and the Open Skies Consultative Commission.

Financial arrangements for CSCE meetings

Abbreviations

APELL Awareness and Preparedness for Emergencies at the Local Level CCEET Centre for Co-operation with European Economies in Transition CFE         Conventional Armed Forces in Europe