OSCE Human Dimension Implementation Meeting Warsaw, 6
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HONORARY CHAIRMAN ADVISORY BOARD (CHAIR) PRESIDENT Yuri Orlov Karl von Schwarzenberg Ludmilla Alexeyeva EXECUTIVE DIRECTOR EXECUTIVE COMMITTEE VICE PRESIDENT Aaron Rhodes Sonja Biserko Ulrich Fischer Holly Cartner DEPUTY EXECUTIVE DIRECTOR Bjørn Engesland TREASURER Bre Dufour Krassimir Kanev Stein-Ivar Aarsæther Andrzej Rzeplinski Wickenburgg. 14/7, A-1080 Vienna, Austria; Tel +43-1-408 88 22; Fax 408 88 22-50 e-mail: [email protected] – internet: http://www.ihf-hr.org Bank account: Bank Austria Creditanstalt, 0221-00283/00, BLZ 12 000 OSCE Human Dimension Implementation Meeting Warsaw, 6-17 October 2003 _______________________ Interventions and Recommendations by the International Helsinki Federation for Human Rights (IHF) The IHF has consultative status with the United Nations and the Council of Europe. MEMBER AND COOPERATING* COMMITTEES IN: Albania – Austria – Azerbaijan*- Belarus – Bosnia-Herzegovina – Bulgaria – Canada – Croatia – Czech Republic – Denmark – Finland – France – Georgia* Germany – Greece – Hungary – Italy – Kazakhstan – Kosovo – Kyrgyzstan – Latvia – Lithuania – Macedonia – Moldova – Montenegro – The Netherlands Norway – Poland – Romania – Russia – Serbia – Slovakia – Slovenia – Sweden – Switzerland – Ukraine* – United Kingdom – United States – Uzbekistan* COOPERATING ORGANIZATIONS: THE EUROPEAN ROMA RIGHTS CENTER – HUMAN RIGHTS WITHOUT FRONTIERS The International Helsinki Federation for Human Rights (IHF) is a non-governmental organization that seeks to promote compliance with the human rights provisions of the Helsinki Final Act and its follow-up documents. In addition to supporting and providing liaison among 41 Helsinki committees and cooperating organizations, the IHF has direct links with human rights activists in countries where no Helsinki committees exist. It has consultative status with the United Nations and the Council of Europe. The IHF represents member and cooperating committees in Albania, Austria, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Finland, France, Georgia, Germany, Greece, Hungary, Italy, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova, Montenegro, Netherlands, Norway, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Ukraine, United Kingdom, United States and Uzbekistan. Other cooperating organizations include the European Roma Rights Centre (Budapest) and Human Rights without Frontiers (Belgium). President: Ludmilla Alexeyeva Vice President: Ulrich Fischer Executive Director: Aaron Rhodes Deputy Executive Director/Legal Counsel: Brigitte Dufour In addition to the IHF member committees and partner organizations, the following persons contributed to the preparation of this publication: Brigitte Dufour, Joachim Frank, Janna Khloudneva, Ilana Much, Lamija Muzurovic, Ann-Sofie Nyman, Aaron Rhodes, Peter Svedberg, Paula Tscherne-Lempiäinen and Nicole Watson Chief Editor: Paula Tscherne-Lempiäinen International Helsinki Federation for Human Rights Wickenburggasse 14/7, A-1080 Vienna, Austria Tel: (+43-1) 408 88 22 Fax: (+43-1) 408 88 22-50 Email: [email protected] Internet: www.ihf-hr.org Bank account: Bank Austria Creditanstalt, 0221-00283/00 BLZ 12 000 2003 by the International Helsinki Federation for Human Rights and IHF Research Foundation. All rights reserved. 2 TABLE OF CONTENTS This set of interventions and recommendations has been arranged to mainly follow the schedule of the 2003 OSCE Human Dimension Implementation Meeting. The IHF wishes to emphasize that these interventions do not cover all areas of its concern. For further reference, please see www.ihf- hr.org. page Monday, 6 October: Democratic institutions: Democratic elections 5 Kosovo 9 Tuesday, 7 October: Fundamental freedoms I: Freedom of expression, free media and Information 10 Human rights defenders 17 Freedom of association and peaceful assembly 21 Fundamental freedoms II: Freedom of thought, conscience, religion or belief 25 Wednesday, 8 October: Tolerance and non-discrimination I: Roma and Sinti 29 Tolerance and non-discrimination II: Equal opportunities for women and men 35 Thursday, 9 October: Rule of law I: Independence of the judiciary and fair trial 38 Anti-terrorism measures 42 Turkmenistan 47 Rule of law II: Capital punishment 49 Prevention of torture, ill-treatment and police misconduct 51 Friday, 10 October: Humanitarian issues: Trafficking in human beings 56 Migration, refugees and displaced persons: EU 59 Displaced persons 63 International humanitarian law 67 Tuesday, 14 October: Specifically selected topic: Discrimination, racism, xenophobia, and anti-Semitism 69 Racism and discrimination in Europe 74 Hate Speech in Greece 77 Proposal for ad-hoc inter-agency meeting on racism 80 Wednesday, 15 October: Specifically selected topic: National minorities 81 3 4 IHF intervention and recommendations to the 2003 OSCE Human Dimension Implementation Meeting DEMOCRATIC INSTITUTIONS: Democratic elections (Monday, 6 October 2003) Despite international reports to the contrary, the 23 March 2003 constitutional referendum in Chechnya was neither free nor fair, and the official results lacked credibility. According to official Russian information, 89.48 percent of the Chechen electorate went to the polls and almost unanimously voted for the constitution affirming that Chechnya will remain a part of the Russian Federation. In reality, most Chechens interviewed by NGO observers were against the referendum and it appeared clear to all independent observers that the voter turnout was far below those cited by Russian officials. The entire process of drafting a new constitution and of organizing the referendum was among the most illegal and manipulative electoral exercises in the entire post-Soviet period, demonstrating a total lack of transparency in the process and no civil control. Most importantly, the referendum failed to address the main problems in and around Chechnya. Neither security procedures nor open adequate public debate were sufficient to allow for a free and fair referendum. The Chechen people were subjected to a barrage of official propaganda in the lead-up to the referendum implying that a failure to approve the new Constitution would result in continuing violence and war. Local authorities threatened citizens with penalties if they did not go to the polls and internally displaced Chechens in Ingushetia were threatened with the loss of benefits, including humanitarian aid, if they failed to register to vote. The Russian Ministry of Justice forbade NGOs in Chechnya and Ingushetia from campaigning in relation to the referendum. The organization of the referendum, including the transport of ballots to and from voting stations, was carried out by the Russian military. In some localities, soldiers reportedly surrounded the villages and forced villagers to go to polling stations and vote.1 Serious violations of the democratic process have taken place during the registration of candidates and the pre-election campaign leading up to the presidential elections on 15 October 2003 in Azerbaijan. Ayaz Mutallibov, former president of Azerbaijan, and Rasul Quliyev, former speaker of parliament, both in exile, were denied registration. While the Parliamentary Assembly of the Council of Europe demanded on 26 June to secure their participation in the electoral process, law enforcement agencies threatened to arrest them should they decide to return to Azerbaijan. Other presidential candidates were also harassed: for example, on two occasions in July, police stopped the cars of the bodyguards of Isa Qambar and Ali Kerimov, both registered presidential candidates representing the opposition. The bodyguards were arrested for allegedly having resisted police officers. It is believed that the allegations were fabricated.2 In Armenia, presidential elections were held in February/March 2003, and the parliamentary elections as well as a referendum on constitutional changes were held in May. The referendum was unlawful insofar as Armenian law does not provide for a referendum to be held simultaneously with elections. 1 IHF, “The Constitutional Referendum in Chechnya Was Neither Free Nor Fair, Official Results Are Not Credible,” 28 March 2003, at http://www.ihf-hr.org/viewbinary/viewhtml.php?doc_id=3372; IHF, “Constitutional Referendum in Chechnya Should be Postponed,” 11 March 2003. 2 Human Rights Center of Azerbaijan, July 2003. 5 Both elections fell seriously short of international standards despite some improvements since previous elections. With regard to both elections, equal conditions were not provided for all candidates, particularly with regard to access to the mass media. Other registered irregularities related to voting, counting and tabulation processes. Ballot box stuffing was widespread. Authorized representatives of the opposition in election commissions and at polling stations were arrested and placed in administrative detention during the presidential elections without meeting due process standards. Opposition candidates faced intimidation during both elections. Prior to the presidential election, state media showed clear bias in favor of the incumbent president. In addition, opposition candidates of the parliamentary elections faced problems with registration -- some could not register at all. The subsequent attempts to restore the right to be elected in court did not yield any positive results. The constituencies of the parliamentary elections were drawn to profit the candidates favored by the authorities and