OSCE

VIENNA, 31 March 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, expressed his deep concerns today about amendments to the Russian legislation, imposing up to five years in prison, for spreading false information about the COVID-19 pandemic.

“I share the concern of the Russian Duma to combat the dissemination of false information related to the current health crisis,” the Representative said. “However, the amendments to the Code of Administrative offense and to the Criminal Code, as envisaged, pose a risk of undue restriction on the work of journalists and of self-censorship for media actors trying to inform the public.”

“I call for a greater consideration of the principles of necessity and proportionality in the new amendments. The amendments should also clearly guarantee that the right of the media to report on the pandemic will not be constrained by the new legislation, which should only aim at combating intentional disinformation that is detrimental to citizens’ health. The media and independent journalists have an important role to play in the fight against disinformation, especially online, and they should not be unduly restrained in their reporting on the pandemic,” said Désir.

The amendments were approved by the State Duma and by the Federation Council of the Russian Federation today. They toughen liability and punishments for the dissemination of false information that could threaten the life and safety of citizens. They were made both in the Code of Administrative Offenses and in the Criminal Code of the Russian Federation. The amendments include punishments for the spread of false information about measures that the authorities take to ensure the safety of the population and territories.

The Representative recalled the joint statement he published 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 emphasized that: “Human health depends not only on readily accessible health care. It also depends on access to accurate information about the nature of the threats and the means to protect oneself, one’s family, and one’s community”. The Representative and the two Special Rapporteurs also stated that: “The right of access to information means that governments must be making exceptional efforts to protect the work of journalists. 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.”

The Representative has previously expressed concerns about the law. (See previous statements here: https://www.osce.org/representative-on-freedom-of-media/414770 and www.osce.org/representative-on-freedom-of-media/406775)

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.

SUMMARY

Kamensk-Shakhtinskiy, Russian Federation. The Observer Mission (OM) continues to operate 24/7 at both Border Crossing Points (BCPs). The overall number of border crossings by persons decreased at both BCPs compared to the previous week.

OPERATIONAL REMARKS

The OM is currently operating with 21 permanent international staff members, including the Chief Observer (CO). The Mission is supported administratively by a staff member and the Chief of Fund Administration based in Vienna.

Update on COVID-19 measures

COVID-19 has had an impact on the OM’s operations, with  measures put in place to ensure the safety of its staff and compliance with measures set by the host authorities. The CO has maintained regular working contacts with the Ministry of Foreign Affairs and the respective local authorities. The Mission is continuing to keep the situation under review, in close contact with the Secretariat and Chairmanship; it is capable of continuing to fulfill its mandate under the current circumstances. Due to the mandatory self-isolation in the Mission’s area, the OM’s main office has operated with limited capability as of 30 March, but without significant consequences in the Mission’s observation and reporting activities.

OBSERVATIONS AT THE BORDER CROSSING POINTS

Persons crossing the border                                                                                                                                

The profile of persons crossing the border can be categorized as follows:

1. Adults travelling on foot or by car with little or no luggage;
2. Persons in military-style outfits;
3. Families (often including elderly persons and/or children) travelling on foot or by car with a significant amount of luggage.

The average number of entries/exits decreased from 4,735 to 3,360 per day at both BCPs compared to last week[1].

During the reporting period, the majority of border crossings were to Ukraine, with an average net flow of 159 per day for both BCPs. The Donetsk BCP continued to experience much more traffic than the Gukovo BCP.

Responding to the COVID-19 crisis, the host country closed its borders for the majority of foreigners from 18 March to 1 May 2020. Among the exceptions, entered into force on 19 March, there are Ukrainian citizens and stateless people having passport or Identification Document with the mark of permanent residence in certain areas of Luhansk and Donetsk regions of Ukraine. This category of people crossing is significant at both BCPs.

Persons in military-style outfits

During the reporting period, the number of persons in military-style outfits crossing the border in both directions at both BCPs was eight, compared to four last week, four of them crossed into the Russian Federation, and four into Ukraine (100 per cent of this category’s crossings occurred at the Donetsk BCP). They continued to cross the border individually or in groups. Most individuals crossed on foot, however, some made use of private vehicles, buses or minivans, making it more difficult for the observer teams (OTs) to observe their movement across the border, especially since some of the private vehicles had tinted windows, and buses and minivans had drawn curtains.

Families with a significant amount of luggage

The OTs continued to report on families, sometimes with elderly persons and/or children, crossing the border at both BCPs with a significant amount of luggage, or travelling in heavily loaded cars. During this reporting week, one family was observed crossing into the Russian Federation and five families were observed crossing into Ukraine, compared to the previous reporting period when one family was observed crossing to the Russian Federation and two families into Ukraine.

Bus connections                                         

Regular local and long-distance bus connections continued to operate between Ukraine (mostly from/to the Luhansk region) and the Russian Federation. In addition to regular bus connections, the OTs continued to observe bus connections on irregular routes. Often the buses did not state their route; instead they had a sign on the windshield stating “irregular”.

During the reporting period, the OTs observed a decrease in the overall number of buses crossing the border at both BCPs (192 compared to 245 observed during the previous week). There were 104 buses bound for the Russian Federation and 88 bound for Ukraine.

On some occasions, the OTs noticed the bus drivers removing the itinerary signs from the windshields of their buses, while some buses did not display their route at all. The majority of long-distance buses commuting between the Luhansk region and cities in the Russian Federation had Ukrainian licence plates issued in the Luhansk region and “LPR” plates.

Trucks

During the reporting period, the OTs observed a decrease in the overall number of trucks crossing the border at both BCPs (879 compared to 949 during the previous reporting week); 428 at the Gukovo BCP and 451 at the Donetsk BCP, 440 of these trucks crossed into the Russian Federation and 439 crossed into Ukraine. Most of the trucks observed by the OTs had Ukrainian licence plates issued in the Luhansk region; however, on a daily basis, the OTs also noted trucks registered in the Russian Federation and trucks with “LPR” plates.

The OTs also continued to observe tanker trucks crossing the border in both directions. During the reporting week, the number of tanker trucks decreased from 63 to 42. These trucks were observed crossing the border at both BCPs. The trucks had the words “Propane” and “Flammable” written across the tanks in either Russian or Ukrainian. The majority of tanker trucks had hazard signs, indicating that they were transporting propane or a mix of propane and butane.

All trucks underwent systematic inspection by Russian Federation officials, which could include an X-ray check. Due to the unfavourable observation position at the Gukovo BCP, the OTs continued to be unable to observe any X-ray checks.

Compared to the previous week, the total number of X-ray checks at the Donetsk BCP decreased from 179 to 142. Of the total number of trucks scanned, 126 trucks (89 per cent) were bound for Ukraine: the remaining 16 trucks (11 per cent) crossed into the Russian Federation).

Minivans

The OM continued to observe passenger and cargo minivans[2] crossing the border in both directions at both BCPs. The OTs observed minivans predominantly with Ukrainian licence plates issued in the Luhansk region; however, the OTs also frequently saw minivans registered in the Russian Federation. Compared to the previous week, the number of cargo minivans decreased from 97 to 71 vehicles; 38 crossed into the Russian Federation and another 33 into Ukraine.

Trains

The OTs continued to pick up the sound of trains on the railway tracks located approximately 150m south-west of the Gukovo BCP. During the reporting week, the OTs heard trains on 19 occasions; the OTs assessed that ten trains were travelling to the Russian Federation and nine to Ukraine (more details are provided in the sections “trends and figures at a glance” below).

Visual observation was not possible because of the line of trees located between the train tracks and the BCP.

Other observations

The majority of vehicles crossing the border had Ukrainian licence plates issued in the Luhansk region, or Russian Federation licence plates. A significant number of vehicles with “LPR” plates were also observed crossing the border in both directions on a daily basis. The OTs also observed vehicles with “DPR” plates and vehicles with Georgian licence plates. During the reporting week, the OTs at Donetsk BCP observed ambulances on two separate occasions:

On 27 March at 07:30, an ambulance entered the BCP from the Russian Federation and parked in front of the main building. Two paramedics left the vehicle carrying a medical suitcase and entered the main building. At 07:55 the same day, the vehicle left the BCP for the Russian Federation with the two people on board.   

On 31 March at 01:13, an ambulance arrived at the BCP from the Russian Federation and parked close to the main building. At 01:20, the vehicle drove back to the Russian Federation. The OT was unable to notice any other details from its position.

For trends and figures at a glance covering the period from 25 February to 31 March 2020, please see the attachment here

[1]Based on data received from the Regional Representation of the Ministry of Foreign Affairs of the Russian Federation.

[2] Cargo minivans: light commercial vehicles with a maximum authorized mass of more than 3.5 t and not more than 7.5 t; with or without a trailer with a maximum mass of less than 750 kg (small cargo vehicles which correspond to driving licence C1).

MOSCOW / PARIS / WASHINGTON, D.C., 31 March 2020 - The OSCE Minsk Group Co-Chairs (Igor Popov of the Russian Federation, Stéphane Visconti of France, and Andrew Schofer of the United States of America) have taken note of the so-called “general elections” in Nagorno-Karabakh, the first round of which took place on 31 March.

In the context of a comprehensive settlement of the Nagorno-Karabakh conflict, the Co-Chairs recognize the role of the population of Nagorno-Karabakh in deciding its future in accordance with the principles and elements reiterated in the Co-Chairs’ statement of 9 March 2019.  The Co-Chairs note, however, that Nagorno-Karabakh is not recognized as an independent and sovereign state by any of the Co-Chair countries or any other country.

Accordingly, the Co-Chairs do not accept the results of these “elections” as affecting the legal status of Nagorno-Karabakh and stress that the results in no way prejudge the final status of Nagorno-Karabakh or the outcome of the ongoing negotiations to bring a lasting and peaceful settlement to the Nagorno-Karabakh conflict.

TIRANA /  BRUSSELS / GENEVA, 31 March 2020 - As we mark the date when the 51st round of the Geneva International Discussions (GID) was supposed to take place (31 March - 1 April 2020), we, the Co-Chairs of the GID (UN Representative Cihan Sultanoglu, Special Representative of the OSCE Chairperson-in-Office for the South Caucasus Rudolf Michalka and EU Special Representative for the South Caucasus and the Crisis in Georgia Toivo Klaar), remain fully engaged to help address the challenges created by the coronavirus pandemic.

While we commend the efforts of health professionals and others who are working hard to stop the spread of COVID-19, we appeal to all GID participants to respond to the call by UN Secretary General António Guterres to put aside mistrust and animosity, avoid antagonistic rhetoric, and work together to reach out to the most vulnerable.

In particular, we urge all GID participants to do their utmost to protect vulnerable conflict-affected populations, especially women, men and children in areas facing particular isolation. These populations need assistance and must not be allowed to suffer even more. We are encouraged by some collaborative approaches that have already taken place, but more needs to be done to ensure that all people, regardless of where they happen to live or what language they may speak, have equal access to health care. While co-operation across dividing lines, under other circumstances, may be challenging, we appeal to all participants of the GID to set aside differences and ensure that all individuals have the best possible access to testing and treatment.

On behalf of our organizations, we reiterate our readiness to assist and are at the disposal of participants as we, together, address this global threat. 

VIENNA, 31 March 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, called today on the Ukrainian Government not to cut the budget of the public broadcasting company of Ukraine, UA:PBC.

In a draft governmental bill to amend the 2020 national budget in response to the COVID-19 pandemic, a significant portion of the budget of the public service broadcaster would be sequestered, in order to find new funds for counteracting COVID-19 in Ukraine. The draft, in its latest version, proposed the reduction of state support for UA:PBC by 178 million Hryvnas (5.6 million Euro), to the amount of 1.5 billion Hryvnas (47.6 million Euro). The cuts would also affect the spheres of cinematography, book publishing and other cultural projects. The draft bill was voted down today by the Verkhovna Rada of Ukraine and returned to parliamentary committees for further discussions.

“I call on the Ukrainian authorities to urgently explore and find effective solutions to preserve the budget of UA:PBC and the mission of the public service broadcaster,” Désir said. “In today’s health crisis, the public service broadcaster has an indispensable role to play in providing reliable information to the population, reporting on the pandemic and combating false information. This is not the time to risk the economic sustainability of public service media,” concluded the Representative.

The OSCE Representative recalls his previous interventions on different occasions expressing concern over the financial sustainability as well as the independence and viability of the public service broadcaster UA:PBC, which can be found here: https://www.osce.org/representative-on-freedom-of-media/447478 and https://www.osce.org/representative-on-freedom-of-media/410984

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

On 28, 29 and 30 March, members of the armed formations again 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. 

On 28 March, at a checkpoint east of Kreminets (non-government-controlled, 16km south-west of Donetsk) on road H-15, four members of the armed formations denied an SMM patrol – comprising three vehicles and three members travelling from government-controlled areas – passage towards non-government-controlled areas, citing “the closure of the checkpoint due to COVID-19”.

On 28, 29 and 30 March 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”.

On 28, 29 March and 30 March, at a checkpoint west of Verkhnoshyrokivske (formerly Oktiabr, non-government-controlled, 85km south of Donetsk), members of the armed formations (some of them visibly armed) denied the SMM passage towards non-government-controlled areas, citing “the closure of the checkpoint due to COVID-19” on 28 March, “demining activities in the area” on 29 March and “orders from superiors related to COVID-19” on 30 March.

On 28, 29 and 30 March, at a checkpoint near Olenivka (non-government-controlled, 23km south-west of Donetsk), members of the armed formations (some of them visibly armed) again denied the SMM passage towards non-government-controlled areas, citing “the closure of the checkpoint” on 28 March, and providing no reason on the following two days.

In addition, on 30 March, at the boundary line between Donetsk and Luhansk regions near Debaltseve (non-government-controlled, 58km north-east of Donetsk), four members of the armed formations denied an SMM patrol – comprising two vehicles and four members travelling from non-government-controlled areas of Luhansk region – passage towards non-government-controlled areas of Donetsk region, citing “new rules concerning virus protocols” and “the requirement to provide health certificates” in order to pass.

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 and 5/2020). They restrict the SMM’s freedom of movement across the contact line, thus impeding the implementation of its Mandate throughout the country.

VIENNA, 30 March 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, expressed his concerns today about the provisions of the Romanian coronavirus response decree that grants the government special powers to curb freedom of information in the country.

On 16 March 2020, the Romanian President Klaus Iohannis signed an emergency decree that included provisions to counter the spread of disinformation related to COVID-19 online and allowed for the removal of reports and entire websites, without providing appeal or redress mechanisms.

“I share the preoccupation of the Romanian authorities to combat the dissemination of false information related to the health crisis,” the Representative said. “However, at the same time, I want to recall the importance of ensuring the free flow of information, which is a key component for providing the public with information on the vital measures needed to contain the virus, as well as the respect for the right of the media to report on the pandemic and governmental policies. These provisions of the emergency decree, as they stand today, pose a risk of undue restriction to the work of journalists, of self-censorship for media actors trying to inform the public, and could even be counterproductive. The media and independent journalists have an important role to play in the fight against disinformation, especially online, and should not be unduly restrained in their reporting on the pandemic.”

The National Authority for Management and Regulation in Communications (ANCOM), an institution for communication infrastructure established under the Romanian Parliament, with no previous expertise in dealing with such content issues, was made responsible for implementing the removal of content through hosting service providers.

ANCOM has to implement the relevant recommendations coming from the Strategic Communication Group, a task force at the Ministry of Internal Affairs charged with managing the pandemic. The task force is to provide, on a daily basis, all COVID-19 related data at the national level. A separate decision provided for an extension of the time allowed to the authorities to respond to freedom of information requests from 30 to 60 days, which could further impede media access to information about the pandemic. 

The Representative noted similar concerns of the national union of journalists, other civil society organizations, as well as the European Federation of Journalists in this regard.

“There is a great risk that the new regulation will not so much penalize the disseminators of harmful disinformation, but will make independent journalism more difficult. I therefore urge the Romanian authorities to restore the capacity of journalists to act in the public interest, without undue restriction,” said Désir. “I call for the respect of media freedom in the context of the current crisis, and for the authorities to respect the principles of necessity and proportionality in any decision related to the emergency situation.”

The Representative recalled the joint statement that he published last week 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 emphasized that: “Human health depends not only on readily accessible health care. It also depends on access to accurate information about the nature of the threats and the means to protect oneself, one’s family, and one’s community”. The Representative and the two Special Rapporteurs also stated that: “The right of access to information means that governments must be making exceptional efforts to protect the work of journalists. 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.”

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, between the evenings of 27 and 28 March, the SMM recorded more ceasefire violations in Donetsk region and fewer in Luhansk region.
• Between the evenings of 28 and 29 March, the Mission recorded more ceasefire violations in Donetsk region and fewer in Luhansk region, compared with the previous 24 hours.
• Members of the armed formations continued to deny the SMM passage towards non-government-controlled areas at official crossing routes along the contact line in Donetsk and Luhansk regions, citing, among other reasons, “the closure of the checkpoint due to COVID-19” and “quarantine-related measures”.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM again saw that the entry-exit checkpoints near Maiorsk, Novotroitske, Hnutove and Stanytsia Luhanska and several checkpoints of the armed formations along the contact line in both Donetsk and Luhansk regions remained closed amid COVID-19 outbreak.
• The SMM facilitated the operation of the Donetsk Filtration Station after it resumed operations on 28 March. On the evening of 28 March, the Mission recorded ceasefire violations within a 1km radius of the station.
• The Mission saw anti-tank mines for the first time near Molodizhne, Luhansk region.

THE HAGUE, 30 March 2020 – The deadline for receiving nominations for the Max van der Stoel Award 2020 has been extended to 30 April 2020. The award of 50,000 euros recognizes extraordinary and outstanding achievements in improving the position of national minorities in the OSCE participating States.

To propose a candidate, contact an OSCE field operation, a delegation to the OSCE or one of the OSCE institutions (the Office for Democratic Institutions and Human Rights, the Representative on Freedom of the Media or the High Commissioner on National Minorities, as well as the OSCE Secretariat and OSCE Parliamentary Assembly) with the name of an individual, group or organization you wish to be considered for the award. Only the above-mentioned OSCE entities can nominate candidates. The OSCE entity you approach will therefore consider your submission and decide which of the proposed candidates to nominate.

“In order to ensure transparency, fair competition and inclusiveness, my office will nominate all qualified candidates whose application it receives. I encourage all other OSCE entities to do the same,” said OSCE High Commissioner on National Minorities (HCNM) Lamberto Zannier.

The OSCE field operations, delegations and institutions should send their nominations directly to the office of the HCNM either via email (mvds@hcnm.org), through the online nomination form (maxvanderstoelaward.com) or by mail/diplomatic post to:

Max van der Stoel Award

Prinsessegracht 22

2514 AP The Hague

The Netherlands

After receiving all nominations, a special jury of distinguished experts of international repute, chaired by the High Commissioner, will choose the winner. The award will be presented at a ceremony in The Hague in November 2020.

For more information about the award read this factsheet.

WARSAW, 30 March 2020 – Emergency legislation being adopted by governments across the OSCE region must include a time limit and guarantee parliamentary oversight, said the Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR) ahead of a vote in Hungary to extend emergency measures earlier adopted in the EU member state. ODIHR is systematically monitoring the content and consequences of the states of emergency being declared in response to the COVID-19 pandemic.

“It is clear that states need to act swiftly in order to protect their populations from the COVID-19 pandemic, and I understand that extraordinary measures may be required to do so,” said ODIHR Director Ingibjörg Sólrún Gísladóttir. “However, a state of emergency – wherever it is declared and for whatever reason – must be proportionate to its aim, and only remain in place for as long as absolutely necessary.”

All OSCE countries have committed to upholding democracy and the rule of law, and this includes during states of emergency. This means that emergency legislation can only be temporary and should be subject to parliamentary checks.

“I have expressed my concerns to the Hungarian government regarding the context of today’s vote and the measures included in the draft law,” said Gísladóttir. “At the same time, I took the opportunity to offer ODIHR's support, assistance and expertise in order to find means of reacting to this crisis in full compliance with OSCE commitments and international law.”

On 20 March, the Hungarian government tabled a draft bill that would extend the current 'state of danger' and give the government the power to rule by decree without any parliamentary oversight or specified time limitation. The stated aim of the bill is to prevent, manage, and eliminate the epidemic and mitigate the harm it causes, but in effect, it would allow the government to take further measures considered applicable to that aim without involving parliament.

Under international law, emergency legislation and measures should be necessary and proportionate. They must remain subject to meaningful legislative and judicial oversight and be reviewed regularly to ensure they are still necessary, proportionate and suitable to address the threat that led to their introduction.

All countries across the OSCE region have made a binding commitment that recourse to states of emergency “may not be used to subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms” (Moscow 1991).

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 Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM saw that the entry-exit checkpoints near Maiorsk, Marinka and Stanytsia Luhanska and several checkpoints of the armed formations in both Donetsk and Luhansk regions remained closed.
• The Mission facilitated and monitored adherence to localized ceasefires to enable demining activities near Krasnyi Yar, as well as construction of a power line near Maiorsk.
• The SMM received information that the Donetsk Filtration Station had resumed its operations on 28 March.
• Restrictions of the SMM’s freedom of movement continued, including at a checkpoint of the armed formations south of the Stanytsia Luhanska bridge and another one near Marynivka, close to a border area outside government control.*

SDGs SDGs:  16 - Peace, justice and strong institutions

Summary

• Compared with the previous reporting period, the SMM recorded more ceasefire violations in both Donetsk and Luhansk regions.
• Small-arms fire was assessed as aimed at an SMM mini-unmanned aerial vehicle (UAV) flying over areas near Stanytsia Luhanska, Luhansk region.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske. An SMM UAV spotted people wearing camouflage clothing inside and on the edge of the disengagement area near Petrivske.
• The SMM again saw an anti-personnel mine near Molodizhne, in the same area where one had previously been removed.
• The SMM saw that the entry-exit checkpoint (EECP) near Stanytsia Luhanska, as well as two checkpoints of the armed formations, in both Donetsk and Luhansk regions, remained closed with no civilian traffic allowed through.
• The Mission facilitated and monitored adherence to localized ceasefires to enable repairs to water infrastructure in Krasnyi Lyman and the construction of a power line near Maiorsk.
• The SMM saw that the Donetsk Filtration Station remained closed pending security guarantees for workers.
• At the EECPs and their corresponding checkpoints, the SMM continued to face restrictions of its freedom of movement at checkpoints of the armed formations – from non-government- to government-controlled areas near Stanytsia Luhanska and from government- to non-government-controlled areas near Olenivka, Horlivka, and Verkhnoshyrokivske.

VIENNA, 27 March 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, welcomed today the swift reaction of the Armenian Government in addressing his concerns about the Decree on the State of Emergency, adopted on 23 March, in the context of the COVID-19 pandemic.

“I welcome the ‘Explanatory Memorandum on measures taken by the Government of Armenia in response to the Press Release of 24 March of the Representative on Freedom of the Media’ that I received today from the authorities of Armenia,” Désir said. “I note, in particular, that the Government has decided to amend the Decree on the State of Emergency concerning the regulations of media activity in order to address my concerns, those of media advocacy NGOs and editors in Armenia, as well as the common position of the international mandates on freedom of expression expressed in our joint statement of 19 March.”

The Representative added: “I want to underline that the Memorandum stated that ‘the Decree of the Government regulates only the publication of information of a medical and epidemiological nature, thus ensuring safeguards for the genuine freedom of media outside this narrow topical framework.’”

In his press statement of 24 March (https://www.osce.org/representative-on-freedom-of-media/449098), the Representative raised his concerns on the State of emergency legislation and insisted that the Сoronavirus response should not impede the work of the media in Armenia. The decree would have forbidden the media from publishing news on COVID-19 in Armenia from sources other than those released by official government sources.

“I share the preoccupation of the Government of Armenia to combat the dissemination of false information related to the health crisis,” the Representative said. “At the same time, I recall the importance of ensuring the free flow of information, which is a key component for providing the public with information on the vital measures needed to contain the virus, as well as the respect for the right of the media to report on the pandemic and governmental policies.

We will continue to co-operate with the Armenian authorities in this endeavor during this emergency situation and thereafter by developing good practices and a strategy to combat ‘fake news’ and disinformation,” concluded Désir.  

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.

VIENNA, 27 March 2020 – The OSCE Representative on Freedom of the Media, Harlem Désir, expressed his concern today regarding the accusations against, and pressure on, the public service broadcaster Radiotelevizija Slovenija (RTVS), by the Prime Minister of Slovenia, Janez Janša.

On 20 March, following a report by the public service broadcaster about the recent decision of the government to increase the salaries of ministers and secretaries of state, the Prime Minister accused RTVS in a tweet, of spreading “lies”, stating that the broadcaster "mislead the public" and adding that “obviously there are too many of you and you are paid too well”. The next day, in a separate tweet, the Prime Minister asked the public broadcaster: “Really. Did you inform Slovenia in time about the danger of coronavirus? About the measures taken to stem the epidemic in Taiwan, Japan and South Korea? What did your correspondents do? 2300 employees, almost more than the Slovenian Armed Forces has?”

“I am concerned by these verbal attacks and threats against the public service broadcaster in Slovenia,” Désir said. “Media professionals must be able to operate free of any form of pressure or intimidation. In this time of health crisis, the role of an independent public broadcaster, as of other independent media, is key in providing important and reliable information to the public and in combatting false information on the pandemic. I hope the government will support RTVS in this important mission. There should be no threats to RTVS’ journalists, as this could be detrimental to the work of the public service broadcaster and have a chilling effect on media freedom in the country more generally.”

The Representative called on the Slovenian authorities to do their utmost to ensure favourable working conditions for all journalists. “Politicians should endure a higher threshold of criticism, and must ensure that even those voices that they disagree with are protected,” said Désir.

The Representative recalled the OSCE Ministerial Council Decision on Safety of Journalists, adopted in Milan in 2018, underlining the call on all OSCE participations States to: “Urge political leaders, public officials and/or authorities to refrain from intimidating, threatening or condoning – and to unequivocally condemn – violence against journalists.”

On a separate note, Désir recalled his statement published on 17 March, in which he expressed his concern about the smear campaign and threats against investigative journalist Blaž Zgaga, related to a freedom of information request the journalist made on the coronavirus crisis.

Finally, the Representative highlighted the joint statement that he published last week 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 emphasized that: “Human health depends not only on readily accessible health care. It also depends on access to accurate information about the nature of the threats and the means to protect oneself, one’s family, and one’s community.” The Representative and the two Special Rapporteurs also stated that: “The right of access to information means that governments must be making exceptional efforts to protect the work of journalists. Journalism serves a crucial function at a moment of a public health emergency, particularly when it aims to inform the public of critical information and monitors government actions.”

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, 27 March 2020 – In a series of virtual meetings this week with leaders and staff of the OSCE Parliamentary Assembly, members discussed the way forward in the context of the COVID-19 global pandemic. The OSCE parliamentarians were briefed by the President of the hard-hit Lombardy Region of Italy, who appealed for assistance.

Opening an informal Bureau meeting on Wednesday, OSCE PA President George Tsereteli (MP, Georgia) noted that at such a critical moment it is crucial to maintain regular communication and for OSCE parliamentarians to work together towards resolution of the crisis. “We are ready to meet the challenge,” he said. “Politicians need to be active and united and deliver what they can.”

The Bureau discussed the importance of using the platform of the Parliamentary Assembly to channel international requests for help, to co-ordinate with other international organizations, and exchange information and best practices.

There was agreement among the Bureau – comprised of the President, Vice-Presidents, Treasurer, Officers of the three General Committees and President Emeritus – that online meetings should be held regularly to exchange views and to work on concrete proposals. Bureau members stressed that parliamentarians have an important role to play in this crisis, and must demonstrate leadership on the situation in their home countries.

OSCE PA Secretary General Roberto Montella emphasized the need for strong multilateral engagement to respond to the crisis and informed the Bureau of ongoing brainstorming by the Secretariat to explore ways in which the OSCE PA can contribute. Montella also announced that upcoming election observation missions have been postponed and that the spring Bureau meeting, scheduled for April 27 in Copenhagen, will be held remotely.

Discussion focused on practical aspects of continuing the Assembly’s activities, in particular what alternatives are possible for statutory meetings and decision-making procedures.

The OSCE PA’s conference team held an online meeting with staff from the Canadian parliament on Thursday to discuss the prospects for continuing with plans for holding the Assembly’s 28th Annual Session in Vancouver this July. A decision on this is expected to be announced by the end of next week.

In a special address to the Bureau meeting, the President of Lombardy Region of Italy, Attilio Fontana, provided a briefing about the situation in his region. He noted that the number of deaths continues to rise and that while the first priority is to fight the ongoing health emergency, the socio-economic impact is also a major concern.

In order to combat the virus the authorities have prioritized social distancing and extraordinary measures have been taken to limit citizens’ movement, Fontana reported. The decisions have been made in co-ordination with all the relevant authorities with the full understanding that the fundamental rights of citizens are being restricted, he said. He appealed for governments to assist with the deployment of doctors and necessary equipment to Italy.

Bureau members stressed that focus must also be placed on the plight of migrants and that human rights should be at the forefront of the PA’s response. United States Congressman and Chair of the PA’s Committee on Political Affairs and Security Richard Hudson emphasized the need for transatlantic solidarity in response to the crisis.

Other issues raised by Bureau members included the need to set firm deadlines for making decisions on upcoming OSCE PA activities, the importance of combating fake news, promoting food security and addressing economic impacts of the crisis. Members offered updates on the situations within their countries and described measures taken by their governments to combat the virus.

In an online staff meeting Monday, it was announced that both the Copenhagen and Vienna offices of the International Secretariat will remain closed with telecommuting to continue at least until 13 April.

Since the crisis broke, Secretary General Montella has been in constant contact with both OSCE PA members and Secretaries General of partner organizations such as the Parliamentary Assembly of the Council of Europe and NATO Parliamentary Assembly. Discussions with counterparts have focused on practical aspects of continuing activities through technologies such as video conferencing and webinars, as well as implementing remote decision-making procedures.

The SGs have also discussed how parliaments are handling the crisis, and the importance of maintaining public communication on all the other priority issues for international organizations – such as conflict resolution, migration management, environmental security, and human rights – which remain as relevant as before the COVID-19 crisis.

Montella has initiated a challenge for OSCE parliamentarians to post brief videos with messages of support to their constituents, governments and people of the OSCE area. Members are invited to post videos on their favorite social media platforms with the hashtag #WeAreOSCEPA.

For more on the #WeAreOSCEPA video challenge, please click here.

KYIV, 27 March 2020 – The Special Representative of the OSCE Chairperson-in-Office in Ukraine and in the Trilateral Contact Group, Ambassador Heidi Grau, made the following statement to the press after the meeting of the TCG ‎and its working groups:

“The regular meetings of the Trilateral Contact Group and its Working Groups were held through video conferencing from 24 to 26 March due to coronavirus disease (COVID-19) pandemic and related restrictions imposed by both Ukraine and the Russian Federation.

I call on the sides to the conflict to respond to UN Secretary-General’s A. Guterres appeal for a global ceasefire in connection with the coronavirus outbreak to stop all military hostilities and impose a cessation of fire.

Joining the Statement by OSCE Chairperson-in-Office Edi Rama and OSCE Secretary General Thomas Greminger, I also call on the sides to exert their utmost efforts to ensure that measures taken against the coronavirus outbreak do not become an additional obstacle to the full and unimpeded access of the SMM throughout the territory of Ukraine in accordance with its mandate.

The unhindered crossing of the line of contact is also important for the activities of international humanitarian organizations, such as the International Committee of the Red Cross.

The Security Working Group discussions focused on identification of additional disengagement areas of forces and hardware. However, further efforts are still required to address this issue.

While discussing mine action the Working Group participants shared the common view regarding its essential necessity, underlining in particular the importance of mine clearance of civilian facilities and their surroundings.

The Humanitarian Working Group considered the issues regarding opening of the new entry-exit crossing points on the line of contact in the Luhansk region. Preparations for the next exchange of detainees were also discussed.

The Economic Working Group concentrated on the issues of water supplies across the line of contact in certain areas of Donetsk and Luhansk regions (CADR and CALR). The issue of pension payments was also considered.

The Political Working Group discussed aspects related to the special status of CADR and CALR, as foreseen by the Minsk Agreements.

The participants also took note of the fact that the project of the Consultative Council was discussed in the "Normandy Format".

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.
• A representative of Voda Donbassa water company told the SMM that on the afternoon on 25 March, the Donetsk Filtration Station had suspended its operation due to security concerns for their workers.
• The Mission continued monitoring the disengagement areas near Stanytsia Luhanska, Zolote and Petrivske.
• The SMM saw for the first time anti-tank mines near Rozsadky.
• The Mission saw that the entry-exit checkpoints near Novotroitske and near Stanytsia Luhanska, as well as two checkpoints of the armed formations in Donetsk and Luhansk regions remained closed.
• The Mission facilitated and monitored adherence to localized ceasefires to enable demining activities near Krasnyi Yar, as well as the construction of and repairs to critical civilian infrastructure.
• Restrictions of the SMM’s freedom of movement continued, including at a checkpoint of the armed formations near Stanytsia Luhanska, where members of the armed formations again denied the SMM passage towards government-controlled areas of Luhansk region.

SDGs SDGs:  16 - Peace, justice and strong institutions

On 26 March, members of the armed formations again denied attempts of the SMM to cross into non-government-controlled areas – three times in Donetsk region and once in Luhansk region, all along official crossing routes.

At about 09:35 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 four members walking from government-controlled areas – passage into non-government-controlled areas, citing “orders from superiors”.

At about 10:10 at a checkpoint near Verkhnoshyrokivske (formerly Oktiabr, non-government-controlled, 85km south of Donetsk), three members (two visibly armed) of the armed formations denied an SMM patrol – comprising two vehicles and six members travelling from government-controlled areas – passage into non-government-controlled areas, without providing the reason for denial.

At about 10:14 at a checkpoint near Horlivka (non-government-controlled, 38km north-east of Donetsk), two armed members of the armed formations denied an SMM patrol – comprising two vehicles and six members travelling from government-controlled areas – passage into non-government-controlled areas, citing “restrictions due to quarantine”.

At about 11:35 at a checkpoint near Olenivka (non-government-controlled, 23km south-west of Donetsk), an armed member of the armed formations denied an SMM patrol – comprising two vehicles and six members travelling from government-controlled areas – passage into non-government-controlled areas, citing “the closure of the checkpoint due to COVID-19”.

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 and 4/2020). These restrictions to the SMM’s freedom of movement across the contact line are an impediment to the implementation of its mandate throughout the country.

VIENNA/TIRANA, 26 March 2020 - Chair of the OSCE Permanent Council Igli Hasani, OSCE Secretary General Thomas Greminger, Director of the OSCE Office for Democratic Institutions and Human Rights Ingibjörg Sólrún Gísladóttir, OSCE Representative on Freedom of the Media Harlem Désir and OSCE High Commissioner on National Minorities Lamberto Zannier today sent the following letter to the OSCE Community:

“As we write to you, all of our countries and the world as a whole are facing unprecedented threats to public health, the economy and social cohesion from the rapid spread of the COVID-19 virus. Despite preventive measures, many countries in our own region are suffering severe losses, and we mourn the many people who have perished from this illness.  

Now more than ever before, we need solidarity and co-operation – core values of the OSCE – and we need to work together to protect our populations and stop the spread of this pandemic.

Protecting people’s lives is the top priority. We recognize the urgent necessity of preventive measures now being implemented in many countries, which may limit some human rights and fundamental freedoms for a time in order to protect people from COVID-19 and to break its chain of transmission. However, such emergency measures should be proportionate, temporary, and in compliance with the rule of law and international commitments.

We therefore call on OSCE participating States to ensure that their democratic institutions continue to function effectively, that national minorities and vulnerable groups are adequately protected, and that it is made clear that discrimination and hatred will not be tolerated. At the same time, there is an urgent need to safeguard women and others at risk of domestic violence, as this increases during periods of confinement and social uncertainty. It is vital to ensure transparency in sharing information with the public, to protect access to and a free flow of information, and to enable journalists to report freely about the pandemic as media play a key role in providing important information to the public and countering fake news on the health crisis. Individual privacy should also be respected.

Now is the time for unity. The COVID-19 virus does not distinguish between peoples or countries; its threat is universal. This underscores that security is common, comprehensive and indivisible. So we join United Nations Secretary-General António Guterres in calling for a global ceasefire. In his words, “it is time to put armed conflict on lockdown and focus together on the true fight of our lives.” If combatants put down their arms, they open the way for humanitarian aid, co-operation – and ultimately peace.  

In this moment of crisis, we must remain true to our core principles, otherwise we risk creating greater discord and mistrust between and within our countries. If solidarity and co-operation prevail, we have the chance not only to conquer COVID-19 faster, but also to rebuild trust, create resilience, foster greater regional co-operation, and strengthen security for the benefit of us all.”

449209 Public Affairs Unit, OSCE Office for Democratic Institutions and Human Rights

Following the presidential election in Romania on 10 and 24 November 2019, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) has published its final report.  

The report concludes that the 2019 presidential election was competitive, pluralistic, and offered voters a genuine choice from a broad spectrum of political alternatives. Campaigning took place in an open atmosphere with respect for fundamental freedoms. The media offered limited election coverage, reflecting the low-key campaign, but informed voters of the different political options. Though certain aspects of election-related legislation could be improved, the election was effectively administered and generally enjoyed public confidence. Recent amendments to the campaign finance legislation significantly increased public funding for parliamentary parties.  

The report offers 23 recommendations to enhance the conduct of elections in Romania and to support efforts to bring them fully in line with OSCE commitments and other international obligations and standards for democratic elections. The recommendations include:   

• Adopting an election code applicable to all types of elections through an inclusive process, following consultations with relevant stakeholders to eliminate inconsistencies generated by the concurrent application of several laws. 

• Removing restrictions on the suffrage rights of persons with mental disabilities and introducing provisions to ensure that the deprivation of the right to vote for people with a judicial sentence are based on clear criteria respecting proportionality. 

• Developing specific procedures for verifying support signatures and making them public sufficiently ahead of the signature collection process. 

• Increasing transparency by opening the sessions of the election administration bodies to the public, publishing the decisions and minutes of the sessions in a timely and consistent manner, and by defining the rights and obligations of observers in the election legislation, ensuring full access of domestic and international observers to all stages of the electoral process. 

• Introducing the possibility of a judicial review of Central Election Bureau decisions by a court of law with adjudication timeframe within the electoral period. 

• Revising the sanctions for campaign finance violations to make them effective, proportionate and dissuasive. 

ODIHR deployed an Election Assessment Mission on 29 October 2019 to observe the presidential election. All countries across the OSCE region have formally committed to following up promptly on ODIHR’s election assessments and recommendations.