OSCE

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous reporting period, between the evenings of 3 and 4 April, the SMM recorded more ceasefire violations in Donetsk region and fewer in Luhansk region.
• Between the evenings of 4 and 5 April, the Mission recorded fewer ceasefire violations in both Donetsk and Luhansk regions, compared with the previous 24 hours.
• Small-arms and heavy-machine-gun fire were assessed as directed at SMM mini-unmanned aerial vehicles flying over areas near Taramchuk and Berezove in Donetsk region, and Holubivske in Luhansk region.
• A woman sustained shrapnel injuries in Verkhnotoretske.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske, and spotted a person walking inside the disengagement area near Zolote.
• The Mission saw weapons in violation of withdrawal lines in non-government-controlled areas of Donetsk region.
• The SMM monitored and facilitated adherence to localized ceasefires to enable maintenance of railway tracks near government-controlled Vilkhove, as well as demining activities in non-government-controlled Krasnyi Yar.
• The Mission again saw that two entry-exit checkpoints and their corresponding checkpoints in both Donetsk and Luhansk regions remained closed amid the COVID-19 outbreak.
• The SMM’s freedom of movement continued to be restricted in both Donetsk and Luhansk region.

444382 Communication and Media Relations Section

Some 150 young scholars (90% female) from 46 OSCE participating States and seven Partners for Co-operation, began the eight-week online training programme on “Conflict Prevention and Resolution through Arms Control, Disarmament and Non-Proliferation in the OSCE Area” on 6 April 2020. The programme is organized jointly with the United Nations Office for Disarmament Affairs in Vienna, thanks to generous contributions of Andorra, Finland, Germany and Switzerland.

The in-person part of the training programme is foreseen to take place later this year.

The training programme provides general orientation and knowledge about conflict prevention and resolution through arms control, disarmament and non-proliferation. In particular, the programme was recognized as an outstanding initiative that helped to strengthen the participation of young women in the security sector.

A participant of last year’s course, Ilina Dimovska from North Macedonia, said of the programme: “First of all, the training programme has made me braver. I have become more aware of gender-related matters and I feel more empowered to take a stand. I would like to encourage women in my country to participate in security discussions and trainings like this one, without feeling like there is no space for them.”

Addressing those starting this year’s programme, Sintija Oškalne of the OSCE Conflict Prevention Centre and manager of this project, said: “We hope you will enjoy the course, and will benefit from it. With the right knowledge, the right tools and the right confidence each one of us can make a difference. We wish all the participants a successful completion of the training programme.”

SKOPJE, 6 April 2020 - The OSCE Mission to Skopje, the Ministry of Labour and Social Policy of North Macedonia and the National Network to End Violence against Women and Domestic Violence call upon the relevant actors to make additional efforts to prevent domestic violence during the COVID-19 crisis and to put in place effective victim protection mechanisms.

“In these hard times, the media needs to intensify reporting about the risks of domestic violence, and highlight existing support services so that victims can learn where they can turn for help,” said Head of the OSCE Mission to Skopje Clemens Koja. “It is important for civil society organizations to remain available to potential victims, and for state institutions, including police and centres for social work, to work to reduce the risks of domestic violence by conducting information campaigns and keeping services open during the crisis.”

According to the 2019 OSCE-led Survey on Violence against Women in North Macedonia, 45% of women in the country have experienced psychological, physical, or sexual violence by an intimate partner, yet only 2% of victims report their most serious incidents to the police. The main reasons for this are shame, financial dependency, mistrust of institutions and fear of reprisals, as well as traditional beliefs that domestic violence is a private matter.

“Women and children, but also other family members, are subjected to mental, physical and sexual violence,” said Sanela Shkrijelj, North Macedonia’s Deputy Minister of Labour and Social Policy. “In situations of stress and home isolation, this can further escalate. The Government has increased the availability of services for victims around the country. Potential victims should contact the SOS line at 02-15700 or 02-15315 to seek help. Nobody should feel left alone.”

Elena Dimushevska, Director of the National Network to End Violence against Women and Domestic Violence said that the state of emergency might cause a rise in number of domestic violence cases. “Our organization has launched hotlines to provide help and support to victims in the form of free legal aid (071 464 019), psychological counseling (075 255 154) and counseling on social protection rights (071 324 223). We encourage all women experiencing any form of domestic or intimate partner violence to contact us. We call upon all competent institutions to treat the calls related to domestic violence as their highest priority, and to take all measures to protect the victims.”

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous reporting period, the SMM recorded fewer ceasefire violations in Donetsk region and more in Luhansk region.
• The SMM saw a fresh crater near a residential building and a school in Novotoshkivske.
• Members of the armed formations delayed the SMM passage towards non-government-controlled areas of Donetsk region at a checkpoint near Olenivka and at the boundary line between Luhansk and Donetsk regions near Debaltseve.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM monitored adherence to localized ceasefires to enable the construction of a power line near government-controlled Maiorsk and maintenance of railway tracks near government-controlled Vilkhove, as well as to enable demining activities in non-government-controlled Krasnyi Yar.
• The SMM again saw that two entry-exit checkpoints of the Ukrainian Armed Forces and two checkpoints of the armed formations in both Donetsk and Luhansk regions remained closed amid the COVID-19 outbreak.

SDGs SDGs:  16 - Peace, justice and strong institutions

KYIV, 4 April 2020 – As the world marks the International Day for Mine Awareness and Assistance in Mine Action, the Chief Monitor of the OSCE Special Monitoring Mission (SMM) to Ukraine, Yaşar Halit Çevik, and the OSCE Project Co-ordinator in Ukraine, Henrik Villadsen, reiterated the importance and urgency of conducting mine action in eastern Ukraine.

“In light of UN Secretary-General António Guterres’ appeal to support the bigger battle against COVID-19, now more than ever, the signatories of the Minsk Agreements must implement commitments undertaken to remove existing mines and not to lay new ones,” said Çevik. “Last year, mines, unexploded ordnance (UXO) and other explosive objects caused more fatalities than shelling and small-arms fire combined. Of the 48 civilian casualties caused by mines and UXO in 2019, 10 were children. Since 2017, the SMM has recorded nearly 300 civilian casualties due to mines and UXO. So far this year the number of victims already stands at 12.”

Çevik welcomed the recent mine action in disengagement areas in Luhansk and Donetsk regions, but stressed more needed to be done. “There is an urgent need for mine clearance in places where civilians are present, including schools, hospitals, entry-exit checkpoints and cemeteries along the contact line,” he said. “The presence of mines and other explosive objects also poses a threat to the safety of Mission members and affects the SMM’s ability to carry out its mandate by restricting its freedom of movement.” 

“The creation of a mine action authority to co-ordinate the efforts of all players, governmental and non-governmental, is of paramount importance. A more coherent and efficient response will help to bring down the risks for people from explosive threats,” said Henrik Villadsen, OSCE Project Co-ordinator in Ukraine. “We are ready to continue our support to Ukraine not only by providing equipment and training, but also in terms of policy advice, including on improving relevant legislation to enable such interagency co-operation.”

For the past year, the OSCE Project Co-ordinator in Ukraine has provided to Ukraine’s authorities, metal detectors and protective gear, training on quality control in humanitarian demining, and access to international experience, notably on dealing with the threat from improvised devices. Together with the Geneva International Centre for Humanitarian Demining, the Co-ordinator has been helping to roll out and improve the use of a digital mine action database. 

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous reporting period, the SMM recorded fewer ceasefire violations in Donetsk region and more in Luhansk region.
• Members of the armed formations continued to deny the SMM passage towards non-government-controlled areas of Donetsk region at checkpoints near Verkhnoshyrokivske, Olenivka and Horlivka and to government-controlled areas of Luhansk region at a checkpoint south of the Stanytsia Luhanska bridge.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM saw four weapons in violation of withdrawal lines in government-controlled areas of both Donetsk and Luhansk regions.
• The SMM monitored adherence to localized ceasefires to enable construction of power lines near government-controlled Maiorsk as well as demining activities in cemeteries in government-controlled areas of Luhansk region.
• The SMM again saw that entry-exit checkpoints of the Ukrainian Armed Forces in both Donetsk and Luhansk regions and corresponding checkpoints of the armed formations remained closed for traffic amid the COVID-19 outbreak.

COPENHAGEN, 3 April 2020 – The coronavirus crisis has added new urgency to addressing the deplorable conditions that many migrants and refugees face in camps and detention facilities across the OSCE area, said OSCE Parliamentary Assembly Vice-President Margareta Cederfelt (MP, Sweden) today. She highlighted in particular the situation of the camps on the Greek Aegean islands, which have long been at a critical point.

Individuals are at great risk of contracting the coronavirus in overcrowded camps, she noted, with limited or no access to clean water, sanitation, or health services. 

“Refugee camps and detention facilities for migrants should not be death traps,” Cederfelt said. “Action must be taken to protect the migrants and refugees in all OSCE countries, with an immediate priority on improving sanitation and hygiene, ensuring access to health services, providing basic food distribution, as well as access to hot water and soap. No one is protected until we are all protected.”

Considering the dire situation on the Greek islands, and especially on Lesbos, where the dangerously overcrowded Moria camp is located, Cederfelt called for all vulnerable asylum seekers, including families with children and unaccompanied minors, to be evacuated to facilities on the mainland to ensure social distancing. She applauded Athens for having transferred about 1,000 already, but urged the government to reverse a recent decision to revoke access to public medical care to asylum seekers.

Cederfelt, who serves as chair of the OSCE PA’s Ad Hoc Committee on Migration, noted that the situation on these islands was already intolerable for vulnerable groups such as pregnant women, children, elderly, and the sick, but that the coronavirus adds to the urgent need for action. Last October, the Greek government appealed to the EU to take in a share of unaccompanied minors but only a few have so far responded. The EU had indicated that it would establish an emergency program to help relocate unaccompanied minors but plans have been suspended due to the COVID-19 pandemic.

“It is the responsibility of governments to protect the public health,” Cederfelt said. “For years, political leaders have failed to address the situation of migrants and refugees on their territory, holding them in overcrowded camps and facilities, hoping that the problem would go away. But now, with the added urgency of the coronavirus, this negligence is inexcusable – we must prevent a humanitarian disaster and take action to ensure that COVID-19 does not spread like wildfire in migrant communities.”

While focus must be placed on the most urgent situations, Cederfelt noted that coronavirus-related challenges exist in all OSCE countries that are hosting migrants and refugees.

She stressed that one of the most critical steps that can be taken to reduce the spread of COVID-19 is to relieve overcrowding in detention facilities across Europe and the United States. Calling for international co-operation and solidarity, she urged increased efforts to relocate unaccompanied minors in particular. “We must work together to press forward with relocation and family reunion programmes for unaccompanied minors,” Cederfelt said.

She noted that the protection of human rights of refugees includes the right to seek asylum and protection from non-refoulement. Governments should not suspend the right to seek asylum or send people back to countries where they face persecution or threats, she said.

Cederfelt is an OSCE PA Vice-President and Deputy Head of the Swedish Delegation. She was appointed by President George Tsereteli (MP, Georgia) as Acting Chair of the Ad Hoc Committee on Migration in January.

Last month, the OSCE PA’s Special Representative on South East Europe, British parliamentarian Mark Pritchard, visited Athens and highlighted the humanitarian crisis that the country is facing, stressing that Europe needs to accept responsibility in assisting Greece with humanitarian challenges in relation to the management of migration flows.

VIENNA, 3 April 2020 – Valiant Richey, OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings, today issued the following statement, in co-ordination with Albania’s OSCE Chairmanship, to the OSCE participating States on the COVID-19 pandemic. He urged that, “it is precisely when our global community is convulsed by a crisis of this magnitude that our obligation to combat the exploitation of vulnerable people becomes most acute”. His full statement read:

“With the spread of COVID-19, the world faces an unprecedented threat to public health, which, in turn, poses extraordinary challenges to the economic and social cohesion of all our communities. In the fight against this common enemy, many governments have taken strong preventive measures, often combined with public interventions aimed at alleviating some of the economic losses that those measures inevitably create.

Although the COVID-19 threat is universal, the negative consequences of this crisis will be disproportionally carried by the most vulnerable in our societies. Firstly, victims of trafficking face exceptional danger as entrenched systems of exploitation are thrown into disarray and traffickers seek to maintain their revenue through greater violence or new forms of exploitation. Meanwhile, access to shelters and other support structures is increasingly limited at a time when need is at its greatest. Secondly, as resources gravitate to address public health concerns, attention is diverted from deterring criminal actors, and vulnerable persons already living in precarious circumstances are now at greater risk for being swept into exploitative situations.

The consequences of the current crisis on victims are far-reaching. Trafficking for sexual exploitation is increasingly moving online where traffickers can keep their revenue intact and enhance the isolation of and control over victims, particularly women and girls, who comprise 94% of the victims of trafficking for sexual exploitation. Children, at a time of school closures and potentially more hours spent online, face a greater risk of online grooming. Victims of forced labour find themselves with even fewer options for survival and less legal protection. In the case of trafficking for organ removal, one of the darkest and least addressed forms of trafficking, the impacts of COVID-19 are starting to raise alarm.

In moments of crisis, traffickers will increase their recruitment as more and more people find themselves in dire economic straits. For this reason, it is essential that governments ensure equal access to healthcare, unemployment services, and other welfare services, regardless of recent employment history or legal status, to guarantee that those who need this support the most can effectively access it. Anyone without an income or other form of support is at risk of falling into the hands of traffickers. In these chaotic times, it is vital that States do not let their guard down, but instead strengthen their anti-trafficking efforts.

Human trafficking feeds off vulnerability —in particular, gender and economic inequality — and it is a symptom of frailty in our society. It is precisely when our global community is shaken by a crisis of this magnitude that our obligation to combat the exploitation of vulnerable people becomes most acute. Where trafficking goes unchecked and impunity reigns, the rule of law is undermined and the security and safety of all citizens, especially the most vulnerable, is threatened. For this reason, combating human trafficking is not just a law enforcement responsibility. It is a human, societal and security imperative, and an urgent priority.

The COVID-19 crisis will be remembered for generations, and we have just started to see its transformative impact on our lives. Today, as in all moments of historic change, we have the opportunity to steer our future in a better direction. Inclusive programmes ensuring protection to vulnerable groups can be a powerful tool to break the cycle of exploitation and strengthen exit pathways, giving a real alternative to those in need. With the necessary attention, adequate resources and the right programmes, we can start today to build a better and safer tomorrow for all.”

SDGs SDGs:  16 - Peace, justice and strong institutions

On 2 April, members of the armed formations again denied three attempts of the SMM to cross into non-government-controlled areas in Donetsk region as well as an attempt to cross into government-controlled areas in Luhansk region, all along official crossing routes.

At about 10:25 at the checkpoint of the armed formations south of Stanytsia Luhanska bridge (15km north-east of Luhansk), a member of the armed formations denied an SMM foot patrol – comprising two members walking from non-government-controlled areas – passage into government-controlled areas, saying that “there were no changes in instructions and that the checkpoint was closed for all, including the SMM”.

At about 10:11 at a checkpoint near Verkhnoshyrokivske (formerly Oktiabr, non-government-controlled, 85km south of Donetsk), two members of the armed formations (one visibly armed) denied an SMM patrol – comprising two vehicles and six members travelling from government-controlled areas – passage into non-government-controlled areas, citing “orders from superior command”.

At about 10:54 at a checkpoint near Olenivka (non-government-controlled, 23km south-west of Donetsk), six members of the armed formations (five visibly armed) denied an SMM patrol – comprising two vehicles and six members travelling from government-controlled areas – passage into non-government-controlled areas, citing “orders from superior command”.

At about 11:06 at a checkpoint near Horlivka (non-government-controlled, 38km north-east of Donetsk), three armed members of the armed formations denied an SMM patrol – comprising two vehicles and four members travelling from government-controlled areas – passage into non-government-controlled areas, citing “orders from their commanders”.

The Mission began facing repeated denials when attempting to cross into non-government-controlled areas at checkpoints of the armed formations in Donetsk region on 21 March and Luhansk region on 23 March (see SMM Spot Reports 2/2020, 3/2020, 4/2020, 5/2020, 6/2020 and 7/2020). They restrict the SMM’s freedom of movement across the contact line, thus impeding the implementation of its Mandate throughout the country.

***

With regard to COVID-19, the SMM has introduced a number of stringent mitigation measures into its operational procedures. These include strict adherence to social distancing rules both internally and with external interlocutors, daily temperature checks, use of PPE, and minimizing the number of personnel in vehicles.

VIENNA/BELGRADE, 2 April 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, and the Head of the OSCE Mission to Serbia, Andrea Orizio, welcomed today the reversal by the Serbian Government of the decision on public information during the current health emergency.

Today, the Government of Serbia revoked a decision aimed at regulating the centralization of public information on the coronavirus pandemic during the current state of emergency.

“I welcome the swift reaction by the Serbian authorities and their willingness to take into account our remarks and those of the media community. This will keep channels open for media professionals to seek, receive and impart information during the pandemic. Access to information is key for journalists to do their job and to report professionally on issues of public interest related to the health crisis,” said Désir. “The media must be able to report on, and provide to the public, vital information on health measures and have an important role to play in combating the spread of false information on the pandemic,” the Representative added.

“By responding positively to the justified concerns of media professionals, the local authorities have shown commitment to the principle of freedom of expression and an understanding of the importance of the right to free access to information of public importance. This openness to constructive suggestions will enable local journalists in particular to better serve the citizens and provide reliable information to their communities,” said Ambassador Orizio. “As I agree with the Prime Minister’s observation that there is a need for more efforts aimed at combating “fake news” off and online, the OSCE Mission to Serbia stands ready to support relevant initiatives launched by the authorities and civil society organizations,” added Orizio.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous reporting period, the SMM recorded a similar number of ceasefire violations in Donetsk region and more in Luhansk region.
• Small-arms fire was assessed as aimed at an SMM mini-unmanned aerial vehicle flying over areas near Sentianivka, Luhansk region.
• Members of the armed formations continued to deny the SMM passage towards government- and non-government-controlled areas of Luhansk region at a checkpoint south of the Stanytsia Luhanska bridge.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM saw for the first time anti-tank mines near Troitske, Luhansk region.
• The SMM again saw that two entry-exit checkpoints of the Ukrainian Armed Forces in both Donetsk and Luhansk regions and a checkpoint of the armed formations in Luhansk region remained closed amid the COVID-19 outbreak. It also observed that two groups of people were allowed to cross in both directions across the Stanytsia Luhanska bridge.
• The SMM monitored adherence to localized ceasefires to enable demining activities in cemeteries in government-controlled areas of Luhansk region, as well as repairs to and construction of critical civilian infrastructure on both sides of the contact line.

COPENHAGEN, 2 April 2020 – Following reports that armed formations in eastern Ukraine have repeatedly blocked OSCE Special Monitoring Mission officials from crossing checkpoints, senior OSCE Parliamentary Assembly officials urged greater constructive engagement.

Kyriakos Hadijiyianni (MP, Cyprus), Michael Georg Link (MP, Germany), and Kari Henriksen (MP, Norway), the Chair, Vice-Chair and Rapporteur of the OSCE PA's General Committee on Democracy, Human Rights and Humanitarian Questions, released the following statement:

“The dedicated experts working with the SMM play a critical role in easing the troubled lives of those in and around the conflict zone. It is unacceptable that they are being stopped from doing their important work which has strong humanitarian benefits. We call on those groups blocking this work to cease these steps and to allow OSCE monitors to continue with their work.”

The PA leaders reiterated the urgent need for a real ceasefire in eastern Ukraine, underlining the call by UN Secretary General Antonio Guterres on 23 March for a global ceasefire amid the coronavirus crisis.

On 30 March the SMM reported that on 28, 29 and 30 March, members of the armed formations denied attempts of the SMM to travel towards non-government-controlled areas – seven times in Donetsk region, and three times in Luhansk region, along official crossing routes, at times citing COVID-19.

VIENNA / COPENHAGEN / WARSAW, 2 April 2020 – Noting a troubling rise in domestic violence in relation to the COVID-19 pandemic lockdowns and self-isolation guidelines in many countries, OSCE leaders called today for measures to be taken by governments to protect women and children. They said that unfortunately, for them home is not always a safe haven, as they are the most susceptible to abuse and need increased protection in these extraordinary times and urged authorities to ensure that they are kept safe from abusers.

OSCE Secretary General Thomas Greminger said: “While dealing with the current health crisis participating States should not forget to uphold the right of women and children to live free of violence in times of families finding themselves in self-isolation. Urgent actions should be taken to address their needs and undertake measures to provide adequate protection for them.”

The Secretary General of the OSCE Parliamentary Assembly, Roberto Montella, said: “Some governments are already taking measures to counter domestic violence during the lockdown, which we hope can serve as best practices for others."

OSCE officials noted that rates of intimate partner violence can increase in times of isolation at home, while availability of support services for victims of violence has reduced.

“Far too many are subjected to mental, physical and sexual abuse, a situation that often escalates when families are under stress,” said OSCE Parliamentary Assembly Special Representative on Gender Issues Hedy Fry (MP, Canada). “I urge governments across the OSCE area to increase efforts to provide safe spaces for victims of abuse, to prosecute abusers and to take other necessary measures to combat domestic violence.”

The OSCE officials noted a number of steps taken to reduce the risk of domestic abuse, including public information campaigns to inform the public that women’s shelters are remaining open during the coronavirus lockdown, banning the sale of alcohol as part of the effort to reduce domestic violence, and providing victims with the opportunity to report domestic violence in still-accessible locations such as pharmacies. In countries with strict lockdowns, some governments have announced that women will not be fined if they leave home to report abuse or seek safety. Governments and civil society organizations have expanded the availability of online and phone services for victims of violence.

“Combating domestic violence is the responsibility of the state. As governments seek to keep people safe from the pandemic, they need to take the potential effect of their measures on women carefully into account, and make sure that protection from both real and potential violence is a priority,” said the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ingibjörg Sólrún Gísladóttir. “No one should be forced to choose between complying with the law and ensuring their own personal security, and authorities must ensure the safety of all their citizens, whether from the risk of infection or from violence in their own home.”

The officials pointed to a number of OSCE resources related to gender-based violence, including an OSCE-led Survey on Violence Against Women, practical guides such as the ODIHR Guidebook on Preventing and Addressing Sexual and Gender based Violence in Places of Deprivation of Liberty, and several reports of the OSCE PA Special Representative on Gender Issues dealing with the topic.

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous reporting period, the SMM recorded fewer ceasefire violations in both Donetsk and Luhansk regions.
• Small-arms fire was assessed as aimed at SMM mini-unmanned aerial vehicles flying over areas near government-controlled Hnutove and near non-government-controlled Molodetske.
• Members of the armed formations continued to deny the SMM passage towards non-government-controlled areas of Luhansk region at a checkpoint south of Stanytsia Luhanska bridge.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM again saw that three entry-exit checkpoints of the Ukrainian Armed Forces and a checkpoint of the armed formations in Donetsk and Luhansk regions remained closed amid the COVID-19 outbreak.
• The Mission facilitated the operation of the Donetsk Filtration Station. It recorded ceasefire violations within a 2km radius of the station, including during a transit by bus of Voda Donbassa employees.
• The SMM monitored adherence to localized ceasefires to enable demining in cemeteries in a government-controlled area of Luhansk region and construction and repairs of critical civilian infrastructure in Luhansk and Donetsk regions.

SDGs SDGs:  16 - Peace, justice and strong institutions

On 31 March and 1 April, members of the armed formations again denied attempts of the SMM to travel towards non-government-controlled areas along an official crossing route.

On both days, at a checkpoint 200m south of the Stanytsia Luhanska bridge (15km north-east of Luhansk), members of the armed formations denied the SMM passage towards non-government-controlled areas, citing “orders from superiors”.

The Mission began facing repeated denials when attempting to cross into non-government-controlled areas at checkpoints of the armed formations in Donetsk region on 21 March and Luhansk region on 23 March (see SMM Spot Reports 2/2020, 3/2020, 4/2020, 5/2020, and 6/2020). They restrict the SMM’s freedom of movement across the contact line, thus impeding the implementation of its Mandate throughout the country.

VIENNA/BELGRADE, 1 April 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, and the Head of the OSCE Mission to Serbia, Andrea Orizio, expressed their concerns today over a new decision by the Government of Serbia on public information during the current health emergency and the impact that this could have on free access to information in the country.

On 28 March, the government adopted a five-point decision regulating the centralization of public information on the coronavirus pandemic during the current state of emergency. The Decision mentions that all information to the public is to be shared by the Prime Minister or by individuals authorized by the Crisis Management Taskforce. The decision also refers to the implementation of health-related measures and other information related to the treatment of the COVID-19 disease. This decision seems to exclude media and journalists from getting information on the pandemic from sources other than the ones mentioned in the Decision. 

“Access to information is key for the media, which plays an important role in this time of health crisis in providing vital information to the public and in the fight against the spread of false information on the pandemic,” Désir said. “While I fully understand the need to combat the dissemination of false information during this health emergency, I am concerned about the impact of this decision on the work of the media and journalists, as well as their ability to report on the pandemic and to publish information stemming from diverse sources.” He stressed that the decision could negatively affect local media the most, including their capacity to report on local issues related to the pandemic.

“The OSCE Mission to Serbia fully supports all the efforts of public health professionals and the Government in dealing with this unprecedented situation, including providing reliable information to citizens during the COVID-19 pandemic. In order to preserve trust, prevent anxiety or panic, and ensure co-operation of citizens, it is essential to further safeguard the free flow of information from all levels of government, maintain pluralism of sources and full transparency during the state of emergency,” Orizio added.

Désir and Orizio recalled the joint statement published by the Representative on 19 March, together with David Kaye, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and Edison Lanza, IACHR Special Rapporteur for Freedom of Expression, which stresses that:  “Journalism serves a crucial function at a moment of public health emergency, particularly when it aims to inform the public of critical information and monitors government actions. We urge all governments to robustly implement their freedom of information laws to ensure that all individuals, especially journalists, have access to information.”

They also highlighted the importance of safeguarding freedom of expression, which will be very important for the future implementation of the new media strategy in Serbia, which was adopted in late January thanks to the joint commitment and inclusive effort of all stakeholders the Serbian Government, professional associations and civil society organizations.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.

COPENHAGEN, 1 April 2020 – The granting of emergency powers in Hungary that enable the government to rule by decree without a foreseen termination date is a dangerous step that undermines democracy in the country, said OSCE PA human rights leaders today.

On 30 March the Hungarian parliament approved a request by the government to extend extraordinary powers to respond to the COVID-19 pandemic.

“COVID has had many casualties already, but I fear that democratic rule in Hungary is now also in serious jeopardy. The lack of parliamentary oversight or a clear end-date for this state of emergency is a very worrying development and I hope that the Hungarian people will demand that parliament reclaims its central place in decision-making,” said Kyriakos Hadijiyianni (MP, Cyprus), Chair of the PA's General Committee on Democracy, Human Rights and Humanitarian Questions.

In its 2019 Luxembourg Declaration, the OSCE PA urged “OSCE national parliaments to exercise full oversight of extraordinary measures and of any limitations on fundamental freedoms and human rights in cases of emergency and to regularly evaluate whether such measures may be considered legitimate, taking into account modern communication methods.”

“Many countries have granted emergency powers to governments to deal with the current crisis, but the lack of parliamentary oversight is particular to Hungary and of particular concern. We cannot allow parliament to be sidelined in this battle for the health of our societies,” said Vice-Chair Michael Georg Link (MP, Germany).

The new legislation foresees imprisonment of up to five years for distribution of misinformation that obstruct or frustrate the effectiveness of the government’s response to the pandemic.

Kari Henriksen (MP, Norway), Assembly Vice-President and Rapporteur of the Committee, “Fake news particularly in a crisis such as this health pandemic is a serious problem, but we cannot allow responses to stifle reporting. The Hungarian approach can instill fear in the media that they may face jail time for reporting on issues of public concern.”

On Tuesday, Henriksen published an op-ed dealing with the human rights obligations of governments during states of emergencies and the importance of ensuring the normal functioning of legislative bodies to the highest possible extent.

Op-ed published at Euronews

31 March 2020

By George Tsereteli (MP, Georgia)

One of the paradoxes of the COVID-19 crisis is that in order to develop an effective collective response, risks need to be taken by individuals. Frontline responders – the health care workers, doctors and nurses – are those at the highest risk, and we must do all that we can to support them and ensure that they are adequately protected.

But there are many other professionals who continue to go to work every day to ensure that vital functions are performed. These include police and military servicemembers, people working in pharmacies, grocery stores, prisons and jails, and those working in manufacturing and supply chains.

As president of the OSCE Parliamentary Assembly representing 56 national legislatures across North America, Europe and Central Asia, I would also highlight the vital work of members of parliament, who are carrying out essential services such as passing economic aid packages and emergency public health measures. They are also struggling to cope with how to do their jobs safely.

What has become clear during this crisis is that the level of co-operation from the general public in following guidelines from governments and experts is closely related to the level of trust that they have in democratic institutions. In order to instill confidence in those institutions, executive and legislative branches need exceptional levels of co-operation, with political differences set aside.

While governments have taken the lead in spearheading the public health response, and in most cases have acted decisively and commendably, there nevertheless should be close co-ordination with parliaments, which therefore must remain functional in this time of crisis.

Many of our parliaments are responding to the threat with innovative techniques to ensure their vital functions can continue. Lawmakers in some countries are telecommuting and meeting only for coronavirus-related emergency sessions in nearly empty chambers while maintaining safe distances from one another, and sometimes voting remotely.

There are also parliaments that have been forced to close down. The British Parliament, for example, has adjourned amid fears that coronavirus has been spreading through Westminster with least 20 MPs in the UK having confirmed or suspected cases. This is a stark reminder that while parliamentarians may enjoy some privileges and immunities, they are not immune to illnesses like COVID-19. Indeed many of our colleagues are affected by this outbreak.

While the British decision to shutter parliamentary activity is understandable considering the circumstances, I hope that this is the exception rather than the rule. The extraordinary tasks of combating COVID-19 and addressing its related economic challenges require strong international solidarity and co-operation at all levels. Parliaments must play a central role in the decision-making process.

While we all look to one another for best practices to ensure an effective international response to the coronavirus pandemic, we can also learn from one another how to ensure that parliamentary activities can continue. We can look, for example, to our colleagues in the European Parliament who are temporarily allowing electronic voting as MEPs are working remotely.

Whatever the system agreed to by individual parliaments, I hope that in these extraordinary times, we can develop extraordinary and innovative responses to ensure the continuity of parliamentary democracy. As the most direct link between governments and their people, parliamentarians have a duty to promote a coherent public policy response and communicate with the people.

Parliaments remain one of the only institutions that offer a sense of normalcy during this period. They provide oversight to ensure that emergency measures are implemented properly, that economic relief funds are disbursed where they are needed, that abridgements of freedoms are proportionate and temporary, and that security and stability are upheld. This work cannot be stopped.

We in the OSCE Parliamentary Assembly stand ready to assist national parliaments and work with governments in sharing best practices and ensuring that their essential services continue. In a virtual meeting of the Assembly’s leadership last week, we heard from the President of the hard-hit Lombardy Region of Italy, Attilio Fontana, who provided a briefing about the situation in his region and appealed for assistance. This was an emotional reminder of the need for solidarity and the urgency of making timely decisions on advancing a strong transatlantic response to the crisis.

The Parliamentary Assembly supports all international organizations and institutions working together, including within the OSCE. The time now is for unity and not political or institutional divisions.

OSCE PA leaders will meet regularly in an online forum to help ensure that the international response to the crisis reflects values of solidarity and responsibility-sharing, that doctors and medical equipment are deployed where they are needed most, and that migrants and people living in conflict zones get the support they need. We also must combat fake news, promote food and water security, and place human rights at the center of the response.

For this response to be both comprehensive and legitimate, parliamentarians must be at the forefront and fulfill their first obligation to serve the people.

George Tsereteli is a Member of Parliament from Georgia and serves as President of the OSCE Parliamentary Assembly. Follow him on Twitter: @GTsereteli

Op-ed published at European Interest

31 March 2020

By Kari Henriksen (MP, Norway)

If any reminder were needed of how serious an impact COVID-19 is having on our world, the rash of states of emergency declared in many countries serve as a vivid expression of what we are facing.

These declarations providing governments the authority to temporarily restrict certain human rights of their populations have rarely been seen in recent decades. Some countries appear to have forgotten their obligation to inform international organizations that they are being imposed. Restrictions of fundamental rights must only be taken with the greatest care.

Many if not most of us are now living in a context of ‘social distancing’ in which we’re instructed not to gather in large groups. While this is in fact an extraordinary abridgement of our fundamental right to peaceful assembly, considering the circumstances it seems to be a reasonable and understandable step we should all abide by, first and foremost in order to save lives, but also to ensure the well-functioning of our societies.

And our other rights? Should we accept restrictions of our freedom of expression in order to combat disinformation? Should governments be able to act without democratically elected parliamentarians examining their actions? Should authorities be allowed to track our movements to assess if we are abiding by social distancing rules? How long should restrictions be maintained?

The questions surrounding imposition of emergency powers are weighty, and require thoughtful consideration. It was with this in mind that the OSCE Parliamentary Assembly held a debate last year with parliamentarians from more than 50 countries to consider ‘The Scope of Legitimate Restrictions on Human Rights in Times of Emergency’. What seemed theoretical at that time is now all too real.

That discussion served as a reminder to all of us that as members of the OSCE all of our countries have already considered and agreed to a framework of what restrictions are acceptable in times of emergency.Broadly speaking, restrictions must: 1) Only be during a time of emergency that threatens the life of the nation; 2) Be limited strictly to the requirements of the situation and must be proportionate; 3) Be consistent with other legal obligations; 4) Be non-discriminatory in nature. OSCE countries have also agreed to try to ensure the normal functioning of legislative bodies to the highest possible extent.

Many of these questions were addressed in my own parliament in Norway last week. It was a debate I am proud of. When the government requested authority for the coming year, the parliament, after thorough deliberation, decided to restrict this authorization to one month and ensure that it applies for certain laws. I and my fellow parliamentarians demanded that the government return to parliament for any extension so we can make appropriate alterations.

Policymakers and laypersons around the world are operating under extraordinarily difficult circumstances. Emergency situations require emergency action. However, it is precisely at times of pressure that we must be mindful of and stand up for the democratic and human rights principles that underpin our societies.

We all hope that our governments will act responsibly and with care to address this health crisis, in this situation we are willing to provide them some extra authority. But would governments act with similar restraint if the underlying crisis were a war or terrorist-related security threat? What restrictions would we accept then?

This crisis, which I am confident that we will get through, may serve as a sort of stress test of our societies’ actions during emergency situations. As we understandably focus on the health of our people these days, we cannot allow ourselves to forget the health of our democracies.

Truth is in danger of becoming a casualty of the pandemic. While in times of emergency it may be natural to be cautious with information, governments and parliamentarians must make all possible efforts to be as open and transparent as possible. We must ensure that we continue to benefit from the confidence of our electorates and people. And so I appeal to all my fellow parliamentarians: please, communicate clearly with your constituents and people.

When all this is over, our job is to bring our societies back to normal. How we act during this time of crisis, can determine how we will succeed. If we are to secure sound and democratic societies at the other end of the crisis, we need to stand up for human rights and fundamental democratic principles.

To put it simply: it is easy to be principled when times are good – the real measure of our commitment to the principles we have all agreed on will be seen when times are bad.

Kari Henriksen is a Member of Parliament from Norway and serves as Vice-President of the OSCE Parliamentary Assembly. She is also Rapporteur of the Committe on Democracy, Human Rights and Humanitarian Questions. Follow her on Twitter: @karhenr

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous 24 hours, the SMM recorded more ceasefire violations in both Donetsk and Luhansk regions.
• A woman died and another was injured due to small-arms fire in Staromykhailivka and Avdiivka, respectively.
• Members of the armed formations denied the SMM passage towards non-government-controlled areas at four checkpoints in both Donetsk and Luhansk regions, citing, among other reasons, “orders from superiors related to COVID-19”.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske. It recorded ceasefire violations inside the disengagement area near Petrivske.
• The SMM again saw that four entry-exit checkpoints of the Ukrainian Armed Forces and three checkpoints of the armed formations in Donetsk and Luhansk regions remained closed amid the COVID-19 outbreak.
• The Mission facilitated and monitored adherence to localized ceasefires to enable the operation, construction and repairs of critical civilian infrastructure on both sides of the contact line, as well as to enable demining activities in a non-government-controlled area of Luhansk region.