VIENNA, 26 November 2018 - The OSCE Representative on Freedom of the Media, Harlem Désir, today expressed his concern over the restrictive impact on the distribution of Serbian print media in Kosovo following the introduction of recent trade measures. He recalled the necessity to preserve all citizen’s right to access to information in their language
“Access to newspapers, including Serbian print media, must be guaranteed for all citizens and local communities at all times,” said Désir, highlighting that “the media and access to information should not be a collateral victim of the current situation.”
Following the introduction of increased import tariffs on Serbian goods last week, it has been reported that no Serbian print media have reached newsstands in Kosovo.
“I recall that citizens’ unhindered right to information and a pluralistic press must be ensured and protected in all circumstances, without any barriers,” said Désir.
The Representative concluded that due consideration should be given to the right of information in one’s mother tongue and that measures restricting media pluralism should be removed, as the media constitutes a vital pillar of democracy.
This report is for the media and the general public.
Summary
Ceasefire violations[1]
In Donetsk region, between the evenings of 23 and 24 November, the SMM recorded fewer ceasefire violations, including about 150 explosions, compared with the previous reporting period (about 175 explosions). The majority of ceasefire violations were recorded south-east and south-west of Svitlodarsk (government-controlled, 57km north-east of Donetsk), south-west of Horlivka (non-government-controlled, 39km north-east of Donetsk) and south-west and west of Yasynuvata (non-government-controlled, 16km north-east of Donetsk).
Between the evenings of 24 and 25 November, the SMM recorded fewer ceasefire violations, including, however, more explosions (about 170 explosions), compared with the previous 24 hours. The majority of ceasefire violations were again recorded in areas south-east, south and south-west of Svitlodarsk (including almost 160 explosions) and north-west of Horlivka.
In Luhansk region, between the evenings of 23 and 24 November, the SMM recorded fewer ceasefire violations, including about 100 explosions, compared with the previous reporting period (104 explosions). The majority of ceasefire violations, including 87 explosions, were recorded south of Putylyne (government-controlled, 44km north-west of Luhansk). Between the evenings of 24 and 25 November, the SMM recorded more ceasefire violations, including about 115 explosions, compared with the previous 24 hours. The majority of ceasefire violations were recorded west and south-west of Kalynove-Borshchuvate (non-government-controlled, 61km west of Luhansk).
The SMM monitored the security situation following developments at sea near the Kerch Strait
In Kyiv, the SMM monitored the security situation in front of the Russian Federation’s Embassy where a protest had reportedly taken place on 25 November. On the morning of 26 November, the SMM observed protests at the offices of the Russian Consulate-General in Kharkiv and Odessa. For more details, please see SMM Spot Report 26 November 2018.
Disengagement areas[2]
While on the eastern edge of Stanytsia Luhanska (government-controlled, 16km north-east of Luhansk) on the evening of 23 November, the SMM heard three undetermined explosions at an assessed range of 3-4km south-south-west (all assessed as inside the disengagement area). During the night of 25 November, while on the eastern edge of Stanytsia Luhanska, the SMM heard 13 explosions assessed as impacts of automatic-grenade-launcher rounds, about 30 bursts of heavy-machine-gun fire and three shots of 30mm cannon fire, all at an assessed range of 3-5km south-south-west (all assessed as inside the disengagement area).
Near Zolote (government-controlled, 60km west of Luhansk), inside the disengagement area, on 23 November an SMM mini-unmanned aerial vehicle (UAV) spotted an infantry fighting vehicle (IFV) (BMP-1) in a revetted position, covered by camouflage netting, south of the railroad and about 1km east of road T1316, and an IFV (BMP-1) south of the railroad and about 700m west of road T1316. Both were assessed as belonging to the Ukrainian Armed Forces.
On the evening and night of 23-24 November, the SMM camera in Zolote recorded 29 projectiles in flight (mostly from northerly to southerly directions), a burst of an undetermined weapon and an illumination flare (in vertical flight), all at an assessed range of 0.5-4.5km at directions ranging from east-north-east to south-south-east. (Twenty of the projectiles and one burst were assessed as having occurred inside the disengagement area, three projectiles and one illumination flare were assessed as outside the disengagement area and six projectiles were unable to be assessed as inside or outside the disengagement area).
During the evening of 24 November, the same camera recorded two projectiles in flight from south to north at an assessed range of 0.5-1.5km east-south-east (assessed as outside the disengagement area).
During the day on 25 November, the SMM observed one green military truck, driven by a person in military style clothing (no badges/insignia or weapons visible), travelling south-west (inside the Zolote disengagement area) on the north-eastern edge of government-controlled Katerynivka (64km west of Luhansk, inside the disengagement area).
During the day on 24 November, positioned about 2km north of Petrivske (non-government-controlled, 41km south of Donetsk), the SMM heard two shots of small-arms fire at an assessed range of 1-2km east and south-east, assessed as outside the disengagement area. [3] The following day, the SMM observed a calm situation near the Petrivske disengagement area.
Withdrawal of weapons
The SMM continued to monitor the withdrawal of weapons in implementation of the Memorandum and the Package of Measures and its Addendum.
In violation of the withdrawal lines
Government-controlled areas:
25 November:
Beyond withdrawal lines but outside of designated storage sites
Government-controlled areas:
23 November:
24 November:
25 November:
Indications of military and military-type presence in the security zone[4]
Government-controlled areas:
23 November:
24 November:
25 November:
Non-government-controlled areas:
22 November:
SMM facilitation of repairs to civilian infrastructure
On 24 November, the SMM facilitated and monitored adherence to the ceasefire to enable water pipeline repairs near Pervomaisk (non-government-controlled, 58km west of Luhansk), and on 24 and 25 November, the Mission continued to facilitate the operation of the Donetsk Filtration Station.
SMM monitors situation near Berdiansk
On 23 November, the SMM monitored areas in Berdiansk (70km south-west of Mariupol) including the port. The SMM saw some infrastructure repairs in the area and observed a calm situation.
Border areas not under government control*
On 23 November, while at a border crossing point near Uspenka (73km south-east of Donetsk) for an hour and a half, the SMM observed 29 cars (four with Ukrainian and two with Russian Federation licence plates, and 23 with “DPR” plates), four fixed box-body cargo trucks (one with Russian Federation licence plates and three with “DPR” plates), a trailer tractor, two cargo vans and two black vans (all with “DPR” plates) escorted by a car with “DPR police” painted on it, as well as three buses (two with Ukrainian and one with Russian Federation licence plates) entering Ukraine. The SMM also observed three buses (one with Ukrainian and one with Russian Federation licence plates, and one with “DPR” plates), 22 cars (six with Ukrainian, five with Russian Federation and one with Georgian licence plates, and ten with “DPR” plates), seven cargo trailers (two with Ukrainian, two with Belarusian and one with Russian Federation license plates, and two with “DPR” plates), as well as four commercial cargo vans (two with Ukrainian licence plates and two with “DPR” plates) all exiting Ukraine.
On 25 November, while at a border crossing point near Voznesenivka (formerly Chervonopartyzansk, 65km south-east of Luhansk) for ten minutes, the SMM was approached by a member of the armed formations who told it to leave the area.* At the Chervona Mohyla railway station in Voznesenivka, the SMM saw more than 100 uncovered cargo cars (unable to see whether empty or loaded) parked on rails. While present, the SMM was also told by a member of the armed formations to leave the area.*
The same day, at the border crossing point near Uspenka, the SMM observed 23 vehicles (six with Ukrainian and 14 with Russian Federation licence plates, two with “DPR” plates, one car with plates not visible), a fuel tanker, a bus (about 40 passengers) and four covered cargo trucks (Ukrainian licence plates) exiting Ukraine. The SMM also observed eight vehicles (one with Ukrainian and three with Russian Federation licence plates and one car with plates not visible, and three with “DPR” plates) entering Ukraine.
While at a pedestrian border crossing point near Ulianivske (61km south-east of Donetsk) for about an hour and ten minutes, the SMM observed four pedestrians exiting Ukraine and a pedestrian entering Ukraine.
Gatherings in Kyiv, Lviv and Kherson in commemoration of Holodomor
On 23 November, the SMM monitored a session of Parliament dedicated to the 85th anniversary of 1932-1933 Holodomor and to commemorating its victims. The session was attended by 500-600 people, including Members of Parliament, the Patriarch of the Ukrainian Orthodox Church of Kyiv Patriarchate and the Head of the Greek-Catholic Church.
On 24 November, in Kyiv, the SMM monitored a Holodomor Memorial Day ceremony at the Holodomor Monument in Eternal Glory Park at 15 Lavrska Street. The SMM observed that the wider area around the monument had been completely cordoned off by police with metal detectors installed at two opposite positions along the perimeter, and about 1,000 people (mixed gender and ages) were entering the cordoned off area. Government officials addressed the crowd with speeches. The SMM saw about 500 National Guard and police officers present and observed a calm situation.
The same day in Lviv, at the Taras Shevchenko monument on Svobody Avenue, the SMM saw about 500 people (mixed gender and ages) gathered to commemorate the victims of Holodomor. The SMM observed as those gathered joined a ‘Minute of Silence’ and others made speeches. Many participants had black ribbons that read “We remember” and carried stalks of wheat that they laid next to lit candles and lamps. The SMM saw about ten police officers and five city guard officers present and observed a calm situation.
Also on 24 November in Kherson, the SMM observed about 300 people (mixed gender and ages) walk from Freedom Square on Ushakova Street to a monument commemorating the victims of Holodomor on Tiraspol Street. At the monument, the SMM observed as some people addressed the crowd and as others laid flowers, as well as wheat stalks near the monument. There SMM saw about 20 police officers and two police vehicles present and observed a calm situation.
The SMM continued monitoring in Odessa, Ivano-Frankivsk, Kharkiv, Dnipro and Chernivtsi.
*Restrictions of SMM’s freedom of movement or other impediments to fulfilment of its mandate
The SMM’s monitoring and freedom of movement are restricted by security hazards and threats, including risks posed by mines, unexploded ordnance (UXO) and other impediments – which vary from day to day. The SMM’s mandate provides for safe and secure access throughout Ukraine. All signatories of the Package of Measures have agreed on the need for this safe and secure access, that restriction of the SMM’s freedom of movement constitutes a violation, and on the need for rapid response to these violations. They have also agreed that the Joint Centre for Control and Co-ordination (JCCC) should contribute to such response and co-ordinate mine clearance. Nonetheless, the armed formations in parts of Donetsk and Luhansk regions frequently deny the SMM access to areas adjacent to Ukraine’s border outside control of the Government (for example, see below). The SMM’s operations in Donetsk and Luhansk regions remain restricted following the fatal incident of 23 April 2017 near Pryshyb; these restrictions continued to limit the Mission’s observations.
Denials of access:
Regular restrictions related to disengagement areas and mines/UXO:
The sides continued to deny the SMM full access to the three disengagement areas, as well as the ability to travel certain roads previously identified as important for effective monitoring by the Mission and for civilians’ movement through the failure to conduct comprehensive clearance of mines and UXO.
Delays:
[1] Please see the annexed table for a complete breakdown of the ceasefire violations as well as a map of the Donetsk and Luhansk regions marked with locations featured in this report.
[2] Disengagement is foreseen in the Framework Decision of the Trilateral Contact Group relating to disengagement of forces and hardware of 21 September 2016.
[3] Due to the presence of mines, including on a road between Bohdanivka and Petrivske, the SMM’s access to its camera in Petrivske remains limited, and thus the SMM has not been able to access observations from the camera since 22 June 2018.
[4] The hardware mentioned in this section is not proscribed by the provisions of the Minsk agreements on the withdrawal of weapons.
Strengthening police and community interaction to address safety and security issues affecting communities was the focus of a series of training courses conducted by the OSCE Programme Office in Dushanbe, in co-operation with the international organization Saferworld.
The training courses took place in Romit district and the towns of Nurek and Guliston in October and November 2018. They brought together 86 representatives of Tajik police and public councils from all regions of Tajikistan.
At the training courses, the participants and national experts discussed the Provision on Public Councils and Police Reform Strategy and Programme. The participants received practical training in methods of communication with citizens, while working on a sample working plan for community policing. The joint training helped to further enhance the already close co-operation between the regional public councils and police institutions in the framework of the ongoing police reform.
“Promoting the principles of community policing will help our citizens to better discuss and monitor the process of police transition in Tajikistan. The participants had a practical exercise aiming the development of close co-ordination with local governments and addressing the specific needs of the communities,” said Rifat Yuldoshev, Professor at the Academy of Tajikistan’s Interior Ministry, who was one of the trainers.
Quzratullo Gulomov, Senior Adviser to Tajikistan’s Interior Minister, noted: “The OSCE is helping to increase the knowledge of members of the public councils about new approaches to policing in Tajikistan. We appreciate our co-operation in this area and pay special attention to fostering police and community interaction on all levels.”
COPENHAGEN, 26 November 2018 – OSCE Parliamentary Assembly President George Tsereteli (MP, Georgia) expressed deep concern today over the escalation of tensions in the Kerch Strait between the Russian Federation and Ukraine, called for restraint, and reiterated support for Ukraine’s territorial integrity.
“The seizure of Ukrainian naval vessels and the blocking of traffic into the Kerch Strait by Russia represents an unacceptable escalation of tensions between two participating States of the OSCE,” Tsereteli said. “Further steps that might lead to a military escalation must be avoided. Russia must avoid provocative acts, return the detained vessels to the Ukrainian authorities, and release any detainees in its custody.”
He continued: “As stated in the Helsinki Final Act, participating States must settle disputes by peaceful means in such a manner as not to endanger international peace and security. In many OSCE documents, including the Code of Conduct on Politico-Military Aspects of Security, OSCE participating States have committed to crisis management and peaceful settlement of disputes. Such incidents therefore represent serious breaches of OSCE commitments.
“I also reconfirm the position of the OSCE PA, as expressed in several resolutions, regarding our strong support for Ukraine’s sovereignty and territorial integrity within its internationally recognized borders, including the autonomous Republic of Crimea and Sebastopol, and call on both sides to recommit to fully implementing the Minsk agreements in order to resolve the crisis. The OSCE PA will continue to watch the situation closely.”
President Tsereteli added that he wishes the injured Ukrainian service members a speedy recovery.This report is for the media and the general public.
The SMM followed up on the security situation in relation to reported developments at sea, near the Kerch Strait, where on 25 November, three vessels of the Naval Forces of the Ukrainian Armed Forces – two artillery boats “Berdiansk” and “Nikopol” and one tug boat “Yany Kapu” – en route from Odessa to Mariupol had been involved in an incident with vessels of the Russian Federation. Reportedly, weapons were used, six sailors were wounded and the three Ukrainian vessels were seized.
Following the incident, an emergency session of Parliament is scheduled to take place on the afternoon of 26 November to decide on the proposal to introduce martial law for a period of 60 days based on the law “On the Legal Regime of Martial Law”.
On the morning of 26 November, the SMM monitored the security situation throughout Ukraine. In Kyiv, the SMM saw a white car with diplomatic licence plates of the Russian Federation damaged by fire near the Embassy of the latter. In Kharkiv, the SMM saw about 70 protesters (mostly young men) gathered in front of the building of the Consulate-General of the Russian Federation. Some of them lit flares and threw them at the building and also attempted to burn tyres, but police prevented it. In Odessa, the SMM saw about 100 protesters (mostly young men) gathered in front of the building of the Consulate-General of the Russian Federation, some of whom threw fire crackers at the building.
KYIV, 26 November 2018 – The OSCE Chairperson’s Special Representative to the Trilateral Contact Group, Martin Sajdik, and the Chief Monitor of the OSCE Special Monitoring Mission (SMM), Ertugrul Apakan, said today that they followed recent incidents at sea, near the Kerch Strait, with great concern.
Speaking following recent developments that have raised tensions between Ukraine and the Russian Federation, Sajdik and Apakan called for restraint and for the parties to refrain from aggravating the situation. “It is time to address differences through political and diplomatic means,” they said.
In order to support ethical and professional reporting, the OSCE Mission to Montenegro and the Ministry for Human and Minority Rights organized a two-day workshop on gender equality for media representatives in Podgorica, on 22 and 23 November.
The two-day workshop, aimed at fostering a solid understanding of gender inequality, gathered 12 media representatives from seven Montenegrin municipalities. They discussed the role of the media in challenging gender roles and stereotypes and promoting gender equality.
“The most distinctive element of this gender equality workshop was the participants’ active engagement in the discussions. The workshops gave the opportunity to change attitudes and reduce stereotyping and prejudices,” said the expert Slavica Striković.
OSCE Democratization Programme Manager Lia Magnaguagno said that the OSCE Mission to Montenegro is firmly committed to promoting gender equality principles. “To ensure future sustainability in the area of gender mainstreaming, the Mission has worked in partnership with the Ministry for Human and Minority Rights’ Gender Equality Department. In line with the National Gender Equality Action Plan, this workshop is a result of this co-operation,” said Magnaguagno.
Participants provided constructive suggestions as to what they can do to challenge stereotypes in media reporting.
“I appreciate the continued commitment of the OSCE Mission to Montenegro to organizing training courses for Montenegrin media representatives. This was an excellent opportunity to meet print and electronic media representatives and talk about this important topic,” said RTCG journalist Dragana Mrkić.
Members of Parliament, parliament service staff and representatives from the government and civil society organizations participated in an oversight simulation in Mavrovo from 23 to 25 November 2018 to learn about and practice how to organize public hearings in the parliament.
During the three-day simulation, organized by the OSCE Mission to Skopje and the National Democratic Institute, participants were virtually transported to the imaginary Republic of Verduria to address the environmental fate of this fictional young country. To evaluate the country’s Law on Environmental Protection, participants engaged in three committee hearings – legislative, oversight and investigative.
“The presence and participation of Members of Parliament from all major political parties demonstrate their will and commitment to bringing the parliament back into the centre of democratic life,” said the Deputy Head of the OSCE Mission to Skopje, Jeffrey Goldstein.
Goldstein also emphasized the importance of the role of the parliament service staff. “Only with a strong, proactive and capable service staff, will the parliament be able to introduce an effective system of checks and balances.”
Findings and recommendations from the simulation will not only help the participants; they will also help the Mission to better support the parliament in further improving the effectiveness of public hearings in the future.
This report is for the media and the general public.
Summary
Ceasefire violations[1]
In Donetsk region, the SMM recorded fewer ceasefire violations, including, however, more explosions (about 175), compared with the previous reporting period (about 60 explosions). More than two thirds of the ceasefire violations were recorded in areas east-south-east, south-east, south-south-east and south-west of Svitlodarsk (government-controlled, 57km north-east of Donetsk).
In Luhansk region, the SMM recorded more ceasefire violations, including 104 explosions, compared with the previous reporting period (three explosions). The majority of explosions were recorded in areas north-north-east and west of Holubivske (non-government-controlled, 51km west of Luhansk), south-east of Zolote (government-controlled, 60km west of Luhansk) and in areas north-north-east and north-west of Berezivske (non-government-controlled, 53km north-west of Luhansk).
Disengagement areas[2]
During the evening of 22 November, while on the eastern edge of Stanytsia Luhanska, the SMM heard 16 bursts of anti-aircraft gun (ZU-23, 23mm) and infantry fighting vehicle (IFV) (BMP-2) cannon (30mm) fire, all at an assessed range of 3-4km south-south-east (all assessed as outside the disengagement area), as well as 60 bursts of heavy-machine-gun fire, all at an assessed range of 4-5km south-west (unable to assess whether inside or outside the disengagement area).
During the day of 23 November, positioned on the southern edge of the Zolote disengagement area, the SMM heard nine undetermined explosions and eight bursts of heavy-machine-gun fire, all at an assessed range of 2-5km north-north-east. During the same day, positioned in Zolote-5/Mykhailivka (non-government-controlled, 58km west of Luhansk), the SMM heard two undetermined explosions at an assessed range of 1-2km north-north-west. During the same day, positioned in Zolote, the SMM heard 27 undetermined explosions and five bursts and shots of small-arms fire, all at an assessed range of 4-6km south-east. All ceasefire violations were assessed as outside the disengagement area.
During the day of 23 November, the SMM observed a calm situation in the disengagement area near Petrivske (non-government controlled, 41 km south of Donetsk).[3]
Withdrawal of weapons
The SMM continued to monitor the withdrawal of weapons in implementation of the Memorandum and the Package of Measures and its Addendum.
Beyond the withdrawal lines but outside designated storage sites
Government-controlled areas:
22 November:
23 November:
Weapons that the SMM was unable to verify as withdrawn[4]
Government-controlled areas in Donetsk region beyond the respective withdrawal lines:
23 November:
Indications of military and military-type presence in the security zone[5]
Government-controlled areas:
23 November:
Presence of mines
On 22 November, an SMM mid-range UAV spotted again 12 mines laid out in two rows across road T0519 on the western edge of Pikuzy (formerly Kominternove, non-government-controlled, 23km north-east of Mariupol).
SMM facilitation of repairs to civilian infrastructure
The SMM facilitated and monitored adherence to the ceasefire to enable repair works to the phenol sludge reservoir near Zalizne (government-controlled, 42km north-east of Donetsk), the Petrivske water pumping station near Artema (government-controlled, 26km north of Luhansk), as well as to enable an assessment of a water pipeline near Popasna (government-controlled, 69km west of Luhansk). The Mission continued to facilitate the operation of the Donetsk Filtration Station.
Situation of civilians at checkpoints along the contact line
At the checkpoint of the armed formations south of the Stanytsia Luhanska bridge, at 10:00, the SMM saw about 550 people queuing to travel towards government-controlled areas and about 100 queuing in the opposite direction. At 11:40, the SMM saw about 500 people queuing to travel towards government-controlled areas and about 100 people queuing in the opposite direction. The Mission also saw 200 people waiting for a bus to non-government- controlled Luhansk city.
At the entry-exit checkpoint north of Stanytsia Luhanska bridge, at 12:20, the SMM observed about 100 people queuing to exit government-controlled areas and about 80 people queuing in the opposite direction. About three hours later, the Mission saw 160 people queuing to exit government-controlled areas and 180 people queuing in the opposite direction. The SMM continued to observe snow and ice on the bridge and wooden ramps.
Public gathering in Ivano-Frankivsk
On 21 November, the SMM monitored a gathering in Ivano-Frankivsk commemorating events at Maidan in November 2013. The SMM saw about 200 people (mainly men, different age groups) marching from Vichevyi Square to the Memorial Square where a memorial ceremony was held. There were ten law enforcement officers present. The Mission observed a calm situation.
The SMM continued monitoring in Kherson, Odessa, Lviv, Kharkiv, Dnipro, Chernivtsi and Kyiv.
*Restrictions of SMM’s freedom of movement or other impediments to fulfilment of its mandate
The SMM’s monitoring and freedom of movement are restricted by security hazards and threats, including risks posed by mines, unexploded ordnance (UXO) and other impediments – which vary from day to day. The SMM’s mandate provides for safe and secure access throughout Ukraine. All signatories of the Package of Measures have agreed on the need for this safe and secure access, that restriction of the SMM’s freedom of movement constitutes a violation, and on the need for rapid response to these violations. They have also agreed that the Joint Centre for Control and Co-ordination (JCCC) should contribute to such response and co-ordinate mine clearance. Nonetheless, the armed formations in parts of Donetsk and Luhansk regions frequently deny the SMM access to areas adjacent to Ukraine’s border outside control of the Government ((for example, see SMM Daily Report 23 November 2018). The SMM’s operations in Donetsk and Luhansk regions remain restricted following the fatal incident of 23 April 2017 near Pryshyb; these restrictions continued to limit the Mission’s observations.
Denial of access:
Regular restrictions related to disengagement areas and mines/UXO:
[1] For a complete breakdown of ceasefire violations, please see the annexed table. The SMM cameras in Hranitne and Krasnohorivka were not operational during the reporting period.
[2] Disengagement is foreseen in the Framework Decision of the Trilateral Contact Group relating to disengagement of forces and hardware of 21 September 2016.
[3] Due to the presence of mines, including on a road between Bohdanivka and Petrivske, the SMM’s access to its camera in Petrivske remains limited, and thus the SMM has not been able to access observations from the camera since 22 June 2018.
[4] The SMM visited areas previously holding weapons that could not be verified as withdrawn, as their storage did not comply with the criteria set out in the 16 October 2015 notification from the SMM to the signatories of the Package of Measures on effective monitoring and verification of the withdrawal of heavy weapons.
[5] The hardware mentioned in this section is not proscribed by the provisions of the Minsk agreements on the withdrawal of weapons.
A team of election experts from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) presented the final report of the ODIHR election assessment mission for the October 2017 parliamentary elections in the Czech Republic during their visits to Prague and Brno from 20 to 23 November 2018.
The report’s findings and recommendations were discussed during meetings with representatives of the Interior Ministry, both houses of the Parliament, the Constitutional Court and the Supreme Administrative Court, the broadcasting regulator, the office overseeing political party financing and the Ombudsperson.
The ODIHR team expanded on potential areas for further co-operation and concrete steps that can be taken by various electoral stakeholders to address the recommendations.
The experts drew attention to the recommendations aimed at strengthening the administrative capacity of the party financing oversight office, enhancing the transparency and accountability of voter registration, reinforcing the complaints and appeals process and promoting the participation of women as candidates.
“The confidence of Czech voters and other electoral stakeholders in the electoral process is remarkable. But at the same time it clouds issues that are addressed in our report. A meaningful follow-up aiming at a proper analysis of our recommendations is crucially important for ensuring better elections in the future,” said Matyas Eorsi, head of the 2017 ODIHR election assessment mission, during the visit. “ODIHR stands ready to offer its continued support in implementing the recommendations, including through the review of amendments to electoral legislation and advice on good practices and matters of technical implementation.”
The ODIHR team emphasized the importance of addressing recommendations made in its reports in an inclusive and open manner, well ahead of the next elections. All OSCE participating States have committed themselves to promptly following up on ODIHR election assessments and recommendations.
The OSCE High Commissioner on National Minorities (HCNM), Lamberto Zannier, during his visit to Ashgabat and the Dashoguz Region from 20 to 23 November 2018, agreed with the authorities of Turkmenistan to strengthen their co-operation on matters of education and integration of society. Over the course of the visit, Zannier met the country’s leadership, including President Gurbanguly Berdimuhamedov, Deputy Prime Minister and Foreign Minister Rashid Meredov and Speaker of the Mejlis (parliament) Gulshat Mammedova.
“There is a positive dynamic towards intensifying regional co-operation among the Central Asian states. During my visits to the region this year, I saw that this can also prove beneficial for national minorities,” said Zannier. “For example, I am glad that Turkmenistan is interested in playing a more prominent role in the HCNM Central Asia Education Programme, which brings together educational officials from the region to share experiences on multilingual education.”
The HCNM and the OSCE Centre in Ashgabat co-hosted a seminar to familiarize the authorities of Turkmenistan with the HCNM’s Ljubljana Guidelines on Integration of Diverse Societies. “Turkmenistan has explicitly included measures to protect and promote minority languages and cultures in its National Human Rights Action Plan,” said Ambassador Natalya Drozd, the Head of the OSCE Centre in Ashgabat. “By drawing on the thematic work of the HCNM, the OSCE supports the authorities with its implementation.”
In the country’s north-eastern region of Dashoguz, which borders Uzbekistan, Zannier met with the regional authorities and visited two schools specialized in the teaching of foreign languages. He noted that more investment could be made in mother tongue-based multilingual education and the promotion of cultural heritage of all communities of Turkmenistan: “Successful integration requires both respect for minority identities and the removal of obstacles to the full participation of minorities. Education is the key to achieving this balance.”
This report is for the media and the general public.
Summary
Ceasefire violations[1]
In Donetsk region, the SMM recorded more ceasefire violations, including about 60 explosions, compared with the previous reporting period (about 20 explosions). About one-third of the ceasefire violations were recorded in areas north-east of Mariupol.
In Luhansk region, the SMM recorded fewer ceasefire violations, including three explosions, compared with the previous reporting period (four explosions).
Civilian injured from small-arms fire
The SMM followed up on reports of a civilian injured by small-arms fire in Olenivka (non-government-controlled, 23km south-west of Donetsk). At the hospital in Dokuchaievsk (non-government-controlled, 30km south-west of Donetsk), the SMM saw a man (62 years old) with a bandaged upper right leg. He told the SMM that on 21 November, he had been walking from a shop on Chapaieva Street to his home when he had felt pain in his right hip and then collapsed after hearing small-arms fire. Medical staff at the hospital told the SMM that the man had been admitted on 21 November with a wound to his right hip that they had assessed was caused by a 7.62mm bullet.
Fresh damage caused by shelling in a residential area
At 8 Lizy Chaikinoi Street in Zolote-5/Mykhailivka (non-government-controlled, 58km west of Luhansk), on 20 November, the SMM saw a broken north-facing window and at least four holes about 10-15cm in diameter in three other north-facing windows on the second floor of a two-storey apartment building. The SMM assessed this damage as fresh and caused by shelling. Two local residents (man, about 30 years old and woman, about 50 years old) told the SMM that shelling had occurred in the area on the evening of 19 November and had damaged the abovementioned property.
Disengagement areas[2]
Inside the disengagement area near Zolote (60km west of Luhansk), on 21 November, an SMM long-range unmanned aerial vehicle (UAV) spotted an infantry fighting vehicle (IFV) (BMP-1) about 300m east of road T1316 and about 50m south of the railway tracks, assessed as belonging to the Ukrainian Armed Forces (see SMM Daily Report 20 November 2018). On 22 November, the SMM saw two Ukrainian Armed Forces soldiers in a military truck travelling west inside the Zolote disengagement area on the north-eastern edge of Katerynivka (government-controlled, 64km west of Luhansk).
On 21 November, positioned on the eastern edge of Stanytsia Luhanska (government-controlled, 16km north-east of Luhansk), the SMM heard seven shots of small-arms fire at an assessed range of 3-5km south-south-west (unable to assess whether inside or outside the disengagement area).
On 22 November, positioned near Petrivske (non-government-controlled, 41km south of Donetsk), the SMM observed a calm situation.
Withdrawal of weapons
The SMM continued to monitor the withdrawal of weapons in implementation of the Memorandum and the Package of Measures and its Addendum.
In violation of the withdrawal lines
Government-controlled areas:
21 November:
An SMM long-range unmanned aerial vehicle (UAV) spotted:
Indications of military and military-type presence in the security zone[3]
Government-controlled areas:
21 November:
An SMM mid-range UAV spotted five armoured combat vehicles (undetermined variants), an armoured reconnaissance vehicle (BRDM-2), two combat engineer vehicles (an IMR-2 and a BAT-2), a mine layer (GMZ-3) and two mine clearing vehicles (UR-77 Meteorit) near Loskutivka (72km west of Luhansk); and
An SMM long-range UAV spotted:
22 November:
Non-government-controlled areas:
21 November:
An SMM long-range UAV spotted:
New mine hazard signs
The SMM saw two new mine hazard signs placed on trees, one on each side of road H20, near previously observed signs near Berezove (government-controlled, 31km south-west of Donetsk). The signs were red and had “danger mines” written on them in white lettering in Ukrainian and English.
SMM facilitation of repairs to civilian infrastructure
The SMM facilitated and monitored adherence to the ceasefire to enable repair works to the phenol sludge reservoir near Zalizne (government-controlled, 42km north-east of Donetsk) and the Petrivske water pumping station near Artema (government-controlled, 26km north of Luhansk), as well as to enable an assessment of a water pipeline near Popasna (government-controlled, 69km west of Luhansk). The Mission continued to facilitate the operation of the Donetsk Filtration Station.
Border areas not under government control
While at a border crossing point near Uspenka (73km south-east of Donetsk) for about 20 minutes, the SMM saw four buses (two with Ukrainian and one with Russian Federation licence plates, and one with “DPR” plates) 12 cars (seven with Russian Federation and one with Ukrainian licence plates, and four with “DPR” plates), three tanker trucks (one with Russian Federation and one with Ukrainian licence plates, and one with “DPR” plates) and 16 covered cargo trucks (eight with Ukrainian, three with Russian Federation and one with Belarusian licence plates, and four with “DPR” plates) entering Ukraine. The SMM also saw 43 covered cargo trucks (19 with Ukrainian, six with Russian Federation, seven with Belorussian and one with Lithuanian licence plates, and ten with “DPR” plates), two civilian busses (one with Ukrainian licence plates and one with “DPR” plates), 34 civilian vehicles (nine with Ukrainian, 15 with Russian Federation and one with Georgian licence plates, and nine with “DPR” plates) exiting Ukraine.
While at a border crossing point near Ulianivske (61km south-east of Donetsk) for about 30 minutes, the SMM observed a woman entering Ukraine and a man and a woman exiting Ukraine.
While at a border crossing point near Marynivka (78km east of Donetsk) for about an hour, the SMM saw 19 civilian vehicles (six with Ukrainian and four with Russian Federation licence plates, and nine with “DPR” plates), a truck with Ukrainian licence plates with no cargo, three vans with “DPR” plates and a bus with “DPR” plates exiting Ukraine. The SMM saw eight vehicles (three with Ukrainian and two with Russian Federation licence plates, and three with “DPR” plates), five mini vans (one with Ukrainian and one with Russian Federation licence plates, and two with “DPR” plates and one with “LPR” plates) and a pedestrian entering Ukraine.
Monitoring the situation of civilians at checkpoints along the contact line
At the entry-exit checkpoint north of the Stanytsia Luhanska bridge, six women (65-80 years old) told the SMM that the waiting time to enter government-controlled areas was up to four hours. At the checkpoint of the armed formations south of the bridge, the SMM saw a high number of people (about 1,000) queuing to enter government-controlled areas. The SMM continued to observe hazardous snow and ice on the bridge and wooden ramps.
At a checkpoint on road H15, east of Kreminets (non-government-controlled, 16km south-west of Donetsk), five women (30-80 years old) in a group told the SMM that they had been waiting almost ten hours to pass the checkpoint into government-controlled areas. A member of the armed formations told the SMM that 20 vehicles could be processed per hour at the checkpoint. The SMM saw about 150 civilian vehicles queueing at the checkpoint to travel to government-controlled areas.
Other observations
In non-government-controlled Luhansk city, the SMM saw ten white cargo trucks with Russian Federation licence plates, five of which had banners with “Humanitarian Aid from Russian Federation” written on the side in Russian. The SMM observed the convoy entering a compound, escorted by three vehicles with Russian Federation licence plates and two cars with “Rapid Operational Group” written on them in Russian.
The SMM continued monitoring in Kherson, Odessa, Lviv, Ivano-Frankivsk, Kharkiv, Dnipro, Chernivtsi and Kyiv.
*Restrictions of SMM’s freedom of movement or other impediments to fulfilment of its mandate
The SMM’s monitoring and freedom of movement are restricted by security hazards and threats, including risks posed by mines, unexploded ordnance (UXO) and other impediments – which vary from day to day. The SMM’s mandate provides for safe and secure access throughout Ukraine. All signatories of the Package of Measures have agreed on the need for this safe and secure access, that restriction of the SMM’s freedom of movement constitutes a violation, and on the need for rapid response to these violations. They have also agreed that the Joint Centre for Control and Co-ordination (JCCC) should contribute to such response and co-ordinate mine clearance. Nonetheless, the armed formations in parts of Donetsk and Luhansk regions frequently deny the SMM access to areas adjacent to Ukraine’s border outside control of the Government (for example, see below). The SMM’s operations in Donetsk and Luhansk regions remain restricted following the fatal incident of 23 April 2017 near Pryshyb; these restrictions continued to limit the Mission’s observations.
Denials of access:
Regular restrictions related to disengagement areas and mines/UXO:
Delay:
Other impediments:
[1] Please see the annexed table for a complete breakdown of the ceasefire violations as well as a map of the Donetsk and Luhansk regions marked with locations featured in this report.
[2] Disengagement is foreseen in the Framework Decision of the Trilateral Contact Group relating to disengagement of forces and hardware of 21 September 2016.
[3] The hardware mentioned in this section is not proscribed by the provisions of the Minsk agreements on the withdrawal of weapons.
[4] The interference could have originated from anywhere within a radius of several kilometres of the UAV’s position.
Developing women’s entrepreneurship through innovation and investment was the focus of an international conference organized by the Association of Business Women of Uzbekistan, Tadbirkor Ayol, with support from the OSCE Project Co-ordinator in Uzbekistan and several other domestic and international organizations on 23 November 2018 in Tashkent.
Held on the occasion of the internationally recognized Women’s Entrepreneurship Day and serving as the culminating event of Women’s Entrepreneurship Week, the conference gathered over 150 participants from across the OSCE region, the overwhelming majority of whom were female.
The aim of the conference was to share experiences in promoting women entrepreneurship in different countries and sectors, and the attendees reflected this by including representatives from both the public and private sector as well as the international and diplomatic community.
During the event, participants discussed such topics as the role of women’s entrepreneurship in sustainable development, the role of women in public-private partnerships and the development of women’s business associations in different OSCE countries including Kyrgyzstan, Tajikistan and Belarus. A strong emphasis was placed on the need for co-operation between women in order to promote women’s entrepreneurship; this was stressed by every female speaker (75% of the speakers).
The Project Co-ordinator in Uzbekistan has been active in the field of women’s entrepreneurship since 2007 and is currently supporting the female business community through the extra-budgetary project Support to Managerial Capacity Building of Female Managers, funded by Germany and the Netherlands.
How to enhance the implementation of the OSCE Code of Conduct on Politico-Military Aspects of Security - a landmark document adopted in 1994 highlighting the governance of the security sector and the role of armed and security forces in democratic societies – was the focus of a symposium held on 22 and 23 November 2018 at the German Federal Foreign Office in Berlin.
The discussion, initiated by Germany, Switzerland, Austria and supported by the OSCE Conflict Prevention Centre, gathered 35 officials and representatives from across the OSCE region, including representatives of foreign, defence and interior ministries, members of the armed forces and other representatives involved in the normative work and in the Annual Exchange of Information on the Politico-Military Aspects of Security as stipulated by the Code.
The participants discussed suggestions that were compiled during the Annual Discussion on the Implementation of the Code of Conduct on Politico-Military Aspects of Security which took place on 13 June 2018. The suggestions point the way ahead for the Code of Conduct, concerning in particular ways to improve its implementation. In the working sessions, participants discussed their experiences and best practices in implementing the inter- and intra-state level commitments and principles enshrined in the Code.
Addressing the symposium, OSCE Parliamentary Assembly Special Representative Andreas Nothelle underlined the Assembly’s strong involvement in the Code of Conduct’s creation. “It is easy to understand that an agreement on what is good conduct and subsequent mutual adherence to the principles can be a powerful confidence-building principle,” he said.
The OSCE Code of Conduct contains key principles and commitments agreed by the 57 OSCE participating States related to security relations between states and to the democratic control of all armed and security forces within a state.
The symposium, which was funded with donations from Germany and Switzerland, served to promote the Code and helped to strengthen its implementation in accordance with the suggestions made by OSCE participating States.
More than 90 representatives of a wide range of initiative groups and non-governmental organizations (NGOs) from both sides of the Dniester/Nistru River and development partners gathered for the annual Donors Forum organized by the OSCE Mission to Moldova on 22 November in Chisinau.
The participants discussed their experiences of working in partnerships across the river and laid out plans for future co-operation in the interest of their beneficiaries, including people with disabilities, victims of domestic violence, youth and civil society.
Civil society representatives presented past activities, lessons learned and successful examples of partnerships across the river, and outlined the areas where they intend to work in the upcoming years. Donors shared lessons learned and highlighted grant opportunities that will be available in 2019.
“The Forum brings together the widest audience of donors and NGOs. It offers two unique opportunities – networking and discussion of topics of shared interest – both of which have been used very efficiently,” said Evghenii Dunaev of the Tiraspol-based Apriori Legal Information Centre.
The Donors Forum has been organized by the Mission since 2013. This year’s event was held jointly with the Apriori Legal Information Centre as part of a project seeking to contribute to the overall development of civil society organizations in Transdniestria and consolidate confidence among civil society organizations on both sides of the river.
SAMARKAND, 23 November 2018 – Addressing the Asian Forum on Human Rights yesterday, OSCE Parliamentary Assembly President George Tsereteli (MP, Georgia) and human rights committee Chair Margareta Kiener Nellen (MP, Switzerland) stressed the central role that parliaments play in upholding human rights commitments domestically and internationally.
Organized by the Government of Uzbekistan together with international partners, the two-day Asian Forum on Human Rights brings together some 400 participants to reaffirm commitments to the Universal Declaration of Human Rights, adopted 70 years ago, as well as the OSCE’s human dimension commitments.
Noting that no country can boast a perfect human rights record, in his remarks to the opening session of the forum President Tsereteli highlighted that the international community no longer simply reacts and condemns human rights violations.
“Today, it has become ingrained in our societies that we should do our utmost to prevent human rights violations from ever happening,” said Tsereteli. “It should not come as a surprise that the 2030 Agenda for Sustainable Development follows a human-rights based approach. We now agree globally not only that development should improve the situation of human rights, we furthermore say that human rights standards should guide all our efforts. This has long been the OSCE approach, which puts the human dimension at the heart of our collective security."
Tsereteli also highlighted the key role which parliamentarians can play in upholding human rights. “The particular position which we occupy in our societies – as a link between our citizens and our governments – makes of us, parliamentarians, key partners in the global efforts to ensure the protection of human rights.”
Addressing a working session focused on the role of state bodies, Kiener Nellen, Chair of the OSCE PA’s General Committee on Democracy, Human Rights and Humanitarian Questions, highlighted the importance of effective human rights education, as a key tool to embed respect for human rights in society.
In the OSCE PA’s Berlin Declaration, adopted earlier this year, the OSCE PA formally called on OSCE countries “to integrate education about human rights into primary and secondary school curricula, based on the Universal Declaration of Human Rights, under the oversight of national Parliaments, in the interests of long-term understanding and implementation of human rights commitments”.
“While the importance of parliamentary oversight and legislation on human rights issues cannot be overstated, as a long-time member of the Swiss Parliament and a lawyer, I would argue that human rights education is even more important than legislation; whereas laws ensures that human rights approaches are a part of our governance, education works to make human rights a part of our citizenry’s social thinking. Pursuing both of these tracks is the best way to ensure that respect for human rights becomes truly sustainable” said Kiener Nellen.
The OSCE PA delegation’s participation in the forum in Samarkand follows a series of high-level meetings in Kazakhstan and Uzbekistan earlier this week.
Ensuring the protection of human rights when conducting investigations in the counter-terrorism context was the topic of two training workshops for law enforcement officers held in Tirana on 22 and 23 November and in Madrid on 13 and 14 November 2018. The courses were jointly delivered by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the OSCE Secretariat’s Transnational Threat Department/Strategic Police Matters Unit (TNTD/SPMU).
The participants were 24 male and six female officers engaged in investigating terrorism-related offences in their countries.
The participants analyzed a real-life case scenario of how human rights violations may de-legitimize and jeopardize the effectiveness of law enforcement actions in different phases of a counter-terrorism investigation. The courses provided the officers with tools for analysis and decision-making in conducting terrorism-related investigations in a human rights-compliant way. The discussion focused on international human rights standards in the counter-terrorism context, the adverse effects of implicit biases on counter-terrorism investigations and the formulation and analysis of competing hypotheses to mitigate human rights-related risks in such investigations.
“Human rights standards provide a solid framework for effective action to counter terrorism,” said Johannes Heiler, ODIHR Adviser on Anti-Terrorism. “A lack of respect for human rights puts the successful outcome of a counter-terrorism investigation directly at risk, while human rights-compliant tools and means to conduct investigations can actually increase operational effectiveness in this area.”
“For good and effective counter-terrorism policing it is essential to reflect on the human rights implications in all steps of terrorism-related investigations,” said Mona Nordberg, TNTD/SPMU Police Affairs Officer. “The training provides officers who are involved in investigating or analyzing potential terrorist crimes with practical tools, which we hope will prove useful for them in the exercise of their professional duties.”
Two law enforcement experts with a counter-terrorism background from the United Kingdom and the United States facilitated the courses together with OSCE staff. The training sessions were delivered on the basis of the OSCE’s manual Human Rights in Counter-Terrorism Investigations and built upon the outcomes of similar exercises previously organized by ODIHR and TNTD/SPMU in the two countries.
Some 20 representatives from the Financial Monitoring Committee and Academy of Law Enforcement Agencies under the Office of the Prosecutor General completed a five-day course on strategic analysis on 23 November in Astana. The event was jointly organized by the OSCE Programme Office in Astana, Kazakhstan’s Financial Monitoring Committee and the United States Embassy in Astana.
The course was led by international experts from Moldova and Ukraine acting on behalf of the Egmont Group, and aimed to enhance participants’ skills in carrying out strategic analysis of available and accessible data/information related to money laundering and terrorist financing (ML/TF). During the course, the participants were familiarized with various tools and techniques to help analyse data provided by competent public authorities and reporting entities, implement the intelligence cycle, apply advanced critical thinking skills, as well as to establish policies combatting ML/TF.
The Egmont Group is a united body of 159 Financial Intelligence Units (FIUs) that provides a platform for the exchange of expertise and financial intelligence to combat money laundering and terrorist financing in line with the resolutions and statements by the United Nations Security Council, the G20 Finance Ministers, and the Financial Action Task Force. International standards provide the framework for FIUs around the world to exchange information and engage in international cooperation. As an international financial intelligence forum, the Egmont Group both facilitates and prompts this amongst its member FIUs.
The course is a component of the Office’s multi-year project to promote good governance and combat money laundering and terrorism financing.
A five-day OSCE-supported training seminar on the detection of forged travel documents and identification techniques concluded on 23 November 2018 in Almaty, Kazakhstan.
Twenty-three border guards from Kazakhstan’s Border Guard Service under the National Security Committee took part in the course. It was led by experts from the Document Advisors Team of Austria’s Federal Interior Ministry. The seminar aimed to build capacity in ensuring international document security and identifying falsified travel documents at border checkpoints.
The participants, representing Almaty International Airport and different land border-crossing points, were trained on the processes of security paper production, the use of paper and polymer substrates in document security, conventional printing techniques, photo protection and secondary verification.
The curriculum included practical exercises with confiscated falsified documents and genuine travel documents from a multitude of countries. This provided the participants with an opportunity to apply their newly learned skills.
The seminar was organized within the Travel Document Security Programme of the OSCE Secretariat’s Transnational Threats Department. It was conducted by the OSCE Programme Office in Astana in co-operation with the International Narcotics and Law Enforcement Office of the United States Embassy in Kazakhstan and the Border Guard Service under the National Security Committee.
The activity was part of the Programme Office’s long-term effort to promote the OSCE border security concept in Kazakhstan.
Challenges and good practices in safeguarding the judicial independence of administrative courts and tribunals across the OSCE region were the focus of an expert meeting organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) in Warsaw on 22 November 2018.
The meeting brought together a group of practitioners and independent experts (seven women and seven men). They discussed the key challenges and good practices in safeguarding the independence of judges in the context of various institutional frameworks for judicial review of administrative decisions across the OSCE region. The challenges and good practices were reviewed in relation to judicial self-governance and the separation of powers.
“Judicial independence, especially in the field of administrative justice, is a pre-requisite for holding governments accountable for acts and decisions against private persons which might affect their enjoyment of fundamental rights and freedoms,” said Marta Achler, Acting Deputy Head of ODIHR’s Democratization Department. “It is important for the rule of law that the reform of institutional frameworks with respect to administrative justice adequately safeguards judicial independence.”
Edith Zeller, President of the Association of European Administrative Judges, said: “Today’s discussions between administrative judges, experts from academia and ODIHR, as an expert institution, are extremely important. They shed light on basic requirements for independent judicial systems in a very structured way and fundamentally support the aims and the work of our Association.”
Both administrative justice and judicial independence are core areas of focus for ODIHR as part of its mandate to support participating States in upholding their rule of law-related commitments.
Previous ODIHR work in the area of administrative justice has included the publication of the Handbook on Monitoring Administrative Justice in partnership with the Folke Bernadotte Academy and the training of rule of law professionals engaged in monitoring judicial review of administrative decisions.