Institute for Peace Research and Security Policy Hamburg (ed.) osC e 15 Institute for Peace Research and Security Policy at the University of Hamburg / IFSH (ed.) OSCE Yearbook 2009 Yearbook on the Organization for Security and Co-operation in Europe (OSCE) • OSCE Yearbook osCe 2009 Nomos BUC_OSCE_2009_5336-2.indd 1 30.11.2009 12:29:03 Uhr Articles of OSCE Yearbook are indexed in: World Affairs Online (WAO), accessable via the portal IREON. Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar. Die Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the Internet at http://dnb.d-nb.de . ISBN 978-3-8329-5336-2 1. Auflage 2010 © Nomos Verlagsgesellschaft, Baden-Baden 2010. Printed in Germany. Alle Rechte, auch die des Nachdrucks von Auszügen, der photomechanischen Wiedergabe und der Übersetzung, vorbehalten. Gedruckt auf alterungsbeständigem Papier. This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illus- trations, broadcasting, reproduction by photocopying machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than private use a fee is payable to »Verwertungsgesellschaft Wort«, Munich. Contents George A. Papandreou Foreword by the Chairman-in-Office 9 Ursel Schlichting Preface 13 Wolfgang Zellner Victor-Yves Ghebali – An Appreciation 17 I. States of Affairs – Affairs of State The OSCE and European Security: Focus on the Corfu Process Adam Daniel Rotfeld Does Europe Need a New Security Architecture? 23 Andrei Zagorski The Russian Proposal for a Treaty on European Security: From the Medvedev Initiative to the Corfu Process 43 Egon Bahr/Reinhard Mutz Do We Need a New European Security Culture? Why the Best of Détente Is Yet to Come 61 Pál Dunay/Graeme P. Herd Redesigning Europe? The Pitfalls and the Promises of the European Security Treaty Initiative 77 The OSCE Participating States: Domestic Developments and Multilateral Commitment Dennis J.D. Sandole US Foreign Policy in the Post-Bush Era: Implications for Europe and the OSCE 101 5 Renatas Norkus The OSCE and European Security – A Lithuanian Perspective 117 Astrid Sahm Belarus at the Crossroads? Prospects for Co-operation with the EU, Council of Europe, and OSCE 123 Elena Kropatcheva Ukraine’s Stable Instability 137 II. Responsibilities, Instruments, Mechanisms, and Procedures Conflict Prevention and Dispute Settlement Robert Bosch Fighting Domestic Abuse – The OSCE Women’s Access to Justice Project in Albania 157 Ulrich Heider Military Aspects of the OSCE Mission to Bosnia and Herzegovina 167 Marcin Czapliński The OSCE in the New International Environment in Kosovo 179 Bernard Aussedat How Can Confidence and Security Be Restored in Moldova? 191 Tim Potier Nagorno-Karabakh: Ever Closer to a Settlement, Step-by-Step 201 Alexandre Keltchewsky The OSCE Centre in Astana at Ten: Activities and New Directions 213 Alice Ackermann OSCE Mechanisms and Procedures Related to Early Warning, Conflict Prevention, and Crisis Management 223 6 Comprehensive Security: The Three Dimensions and Cross-Dimensional Challenges Frank Evers OSCE Election Observation Commitments, Methodology, Criticism 235 Aaron Rhodes Aspects of the Decline of Human Rights Defenders in the OSCE Region 257 Hans-Joachim Heintze Are De Facto Regimes Bound by Human Rights? 267 Lorenz Barth Ministerial Council Decision No. 7/08 on Strengthening the Rule of Law – The Search for Common Ground in the Third Dimension 277 Herbert Salber/Alice Ackermann The OSCE’s Comprehensive Approach to Border Security and Management 289 Stephan Hensell Police Reform as a “Solicitous Siege” – International Actors and Local Subversion in the Balkans 303 III. Organizational Aspects OSCE Institutions and Structures Janne Taalas/Kari Möttölä The Spirit of Helsinki 2.0 – The Finnish OSCE Chairmanship 2008 319 Bulat Sultanov Kazakhstan and Its Preparations for the OSCE Chairmanship in 2010 333 7 External Relations and Influence Oleksandr Pavlyuk The Platform for Co-operative Security: Ten Years of Co-operation 343 Anna Ekstedt Current Activities of the Council of the Baltic Sea States Task Force against Trafficking in Human Beings 361 Daniel Warner/Marianne von Grünigen/ Andrei Zagorski/Vesna Marinkovic From the OSCE Cluster of Competence to the Focus on the OSCE 373 Annexes Forms and Forums of Co-operation in the OSCE Area 383 The 56 OSCE Participating States – Facts and Figures 385 OSCE Conferences, Meetings, and Events 2008/2009 403 OSCE Selected Bibliography 2008/2009 409 Abbreviations 431 Contributors 437 8 George A. Papandreou Foreword by the Chairman-in-Office Over the past 34 years, the CSCE/OSCE has shown an unparalleled ability to adapt to Europe’s ever-changing geopolitical environment. More than any other regional security organization, the OSCE has reflected the trends and evolution of European security. In 2009, once again, European security stands at a crossroads: The quest for security remains difficult, and the only constant in the international environment is the fluidity of the challenges we face. In this framework, I believe that the OSCE can and should live up to its full potential, serving as a pivot of stability for intra-state and inter-state rela- tions, and a place where all of Europe’s security actors can come together to work in concord. With this in mind, the Greek Chairmanship pledged to promote tire- lessly the concept of indivisible, cross-dimensional, and co-operative security throughout Europe – security rooted in respect for international law and the implementation in good faith of all the commitments undertaken within the OSCE framework. Greece is convinced that there cannot be a lasting peace in wider Europe as long as we continue to view our relations through a zero-sum lens. Bearing this in mind, the first priority of our Chairmanship was to aim to- wards strengthening consensus among the 56 participating States, as it is through this process that dialogue and better understanding are generated. The Greek Chairmanship was committed from the outset to act as an honest broker in every case. Greece assumed the Chairmanship of the OSCE following a year of ser- ious crises in the OSCE area. These brought to light the real potential of our Organization, but also its limitations. The conflict in Georgia proved that the OSCE remains an indispensable actor for the provision of early warning and the rapid reaction to crises in our region. However, it also shattered long- standing assumptions about security in the OSCE area, and laid bare the ser- ious issues that remain for the OSCE to address. This Organization is the natural forum for examining the present challenges and future prospects of our common, indivisible, co-operative, and cross-dimensional security. That is why the strategic themes of our Chairmanship in 2009 were to take for- ward a renewed dialogue on European security and to develop concrete ac- tion on the ground. From the outset, we set core priorities across the three OSCE dimen- sions, while not shying away from the burning issues of the day. We pursued the OSCE’s work in the field of non-military security by focusing on counter- terrorism, border management, policing, and combating organized crime and cyber-threats. The workshops and expert-level meetings we convened had a 9 wide array of themes, ranging from the role of the media in countering ter- rorism, to effective law-enforcement co-operation and threats to cyber- defence. These discussions eventually led to Ministerial Decisions aimed at promoting the international legal framework against terrorism, enhancing the OSCE’s police-related work, promoting travel document security, and ad- dressing transnational threats. In the second dimension, and with the impact of the global financial and economic crisis being felt across the OSCE area, Greece stood ready to mobilize action wherever the OSCE has the mandate and the tools to act. From the outset, it called on all members of the OSCE family to monitor carefully the fallout of the crisis as it unfolded over the year, in order to address new forms of instability arising in our societies. The dangerous confluence of the economic crisis with rising energy security problems was a prime concern, but the Ministerial Decisions on energy se- curity and migration management are proof of the potential that exists to act in concert. Last but not least, throughout 2009, the Greek Chairmanship sought to focus attention on the three areas of the human dimension, namely human rights and fundamental freedoms, the rule of law and democratic in- stitutions, and tolerance and non-discrimination. Combating hate crimes was a priority topic, culminating in the adoption by the Athens Ministerial Council of several relevant decisions based on the Chair’s proposals. Greece appointed three new Personal Representatives of the Chairperson-in-Office on tolerance and non-discrimination. The Chairmanship also gave particular attention to election-related issues, including election observation, initially addressing issues related to the effective co-operation of the OSCE Parlia- mentary Assembly and the OSCE/ODIHR in the field, which indeed im- proved drastically during the year. The Greek Chairmanship has sought tirelessly to embed stability and security in the Caucasus region, especially in Georgia. Our efforts followed several strands: First, Greece committed itself to carry forward the efforts of the previ- ous Finnish Chairmanship to build a consensus on the continuation of the OSCE presence in Georgia. The adoption of the Permanent Council Decision in February on the prolongation of the mandate of the OSCE’s military monitors until 30 June led to a new round of intensive consultations and gave hope that further progress was within reach. Regrettably, despite our best ef- forts, no consensus could be achieved.