OF THE VIENNA MEETING 1986 OF REPRESENTATIVES OF THE PARTICIPATING STATES OF THE CONFERENCE ON SECURITY
AND CO-OPERATION IN EUROPE, HELD ON THE BASIS OF
THE PROVISIONS OF THE FINAL ACT RELATING TO THE
FOLLOW-UP TO THE CONFERENCE
Adopted in Vienna on 15 January 1989.
The representatives of the participating States of the Conference on Security and Co-operation in Europe (CSCE), Austria, Belgium, Bulgaria, Canada, Cyprus, Czechoslovakia, Denmark, Finland, France, the German Democratic Republic, the Federal Republic of Germany, Greece, the Holy See, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union of Soviet Socialist Republics, the United Kingdom, the United States of America and Yugoslavia, met in Vienna from 4 November 1986 to 19 January 1989 in accordance with the provisions of the Final Act relating to the Follow-up to the Conference, as well as on the basis of the other relevant CSCE documents.
The participants were addressed on 4 November 1986 by the Austrian Federal Chancellor.
Opening statements were made by all Heads of Delegations among whom were Ministers and Deputy Ministers of many participating States. Some Ministers of Foreign Affairs addressed the Meeting also at later stages.
The participants were addressed on by a representative of the Secretary-General of the United Nations. Contributions were made by representatives of the United Nations Economic Commission for Europe (ECE) and UNESCO.
Contributions were also made by the following non-participating Mediterranean States: Algeria, Egypt, Israel, Libanon, Libya, Morocco, Syria and Tunisia.
The representatives of the participating States reaffirmed their commitment to the CSCE process and underlined its essential role in increasing confidence, in opening up new ways for co-operation, in promoting respect for human rights and fundamental freedoms and thus strengthening international security.
The participating States welcomed the favourable developments in the international situation since the conclusion of the Madrid Meeting in 1983 and expressed their satisfaction that the CSCE process has contributed to these developments. Noting the intensification of political dialogue among them and the important progress in negotiations on military security and disarmament, they agreed that renewed efforts should be undertaken to consolidate these positive trends and to achieve a substantial further improvement of their mutual relations. Accordingly, they reaffirmed their resolve fully to implement, unilaterally, bilaterally and multilaterally, all the provisions of the Final Act and of the other CSCE documents.
As provided for in the Agenda of the Vienna Meeting, the representatives of the participating States held a thorough exchange of views both on the implementation of the provisions of the Final Act and the Madrid Concluding Document and of the tasks defined by the Conference, as well as, in the context of the questions dealt with by the latter, on the deepening of their mutual relations, the improvement of security and the development of co-operation in Europe, and the development of the process of detente in the future.
During this exchange of views the participating States examined thoroughly and in detail the implementation of the Final Act and of the Madrid Concluding Document. Different and at times contradictory opinions were expressed about the extent of the realization of these commitments. While encouraging developments were noted in many areas, the participants criticized the continuing serious deficiencies in the implementation of these documents.
An open and frank discussion was held about the application of and respect for the principles of the Final Act. Concern was expressed about serious violations of a number of these principles. In particular, questions relating to respect for human rights and fundamental freedoms were the focus of intensive and controversial discussion. The participating States agreed that full respect for the principles, in all their aspects, is essential for the improvement of their mutual relations.
The implementation of the provisions of the Final Act concerning confidence-building measures, concerning cooperation in the field of economics, of science and technology and of the environment, concerning questions relating to security and co-operation in the Mediterranean as well as concerning cooperation in humanitarian and other fields was discussed. The implementation of the provisions of the Madrid Concluding Document and of other CSCE documents was also discussed. It was considered that the numerous possibilities offered by the Final Act had not been sufficiently realized.
The participating States also expressed concern about the spread of terrorism and condemned it unreservedly.
The discussion reflected the broader context of the CSCE process and confirmed the importance of taking into account its world dimension in implementing the provisions of the Final Act.
In their deliberations the representatives of the participating States took into account the results of
- the Stockholm Conference on Confidence- and Security-Building Measures and Disarma ment in Europe;
- the Athens Meeting of Experts in order to pursue the examination and elaboration of a generally acceptable method for the peaceful settlement of disputes aimed at complementing existing methods;
- the Venice Seminar on Economic, Scientific and Cultural Co-operation in the Mediterranean;
- the Ottawa Meeting of Experts on Questions concerning Respect, in their States, for Human Rights and Fundamental Freedoms, in all their Aspects, as embodied in the Final Act;
- the Budapest "Cultural Forum";
- the Bern Meeting of Experts on Human Contacts.
The participating States moreover noted that the tenth anniversary of the signing of the Final Act had been commemorated at Helsinki on 1 August 1985.
The participating States reaffirmed their commitment to the continuation of the CSCE process as agreed to in the chapter on the Follow-up to the Conference contained in the Final Act. Recognizing the need for balanced progress covering all sections of the Final Act, they expressed their determination also to benefit from new opportunities for their co-operation and reached corresponding decisions concerning follow-up activities.
The representatives of the participating States examined all the proposals submitted to the Meeting and agreed on the following:
QUESTIONS RELATING TO SECURITY IN EUROPE
The participating States express their determination
- to build on the current positive developments in their relations in order to make detente a viable, comprehensive and genuine process, universal in scope;
- to assume their responsibility fully to implement the commitments contained in the Final Act and other CSCE documents;
- to intensify their efforts to seek solutions to problems burdening their relations and to strengthen safeguards for international peace and security;
- to promote co-operation and dialogue among them, to ensure the effective exercise of human rights and fundamental freedoms and to facilitate contacts and communication between people;
- to exert new efforts to make further progress to strengthen confidence and security and to promote disarmament.
(1) The participating States reaffirm their commitment to all ten principles of the Final Act's Declaration on Principles Guiding Relations between participating States and their determination to respect them and put them into practice. The participating States reaffirm that all these principles are of primary significance and, accordingly, will be equally and unreservedly applied, each of them being interpreted taking into account the others.
(2) They stress that respect for and full application of these principles as well as strict compliance with all CSCE commitments deriving from them are of great political importance and essential for building confidence and security as well as for the development of their friendly relations and of their co-operation in all fields.
(3) In this context, they confirm that they will respect each other's right freely to choose and develop their political, social, economic and cultural systems as well as their right to determine their laws, regulations, practices and policies. In exercising these rights, they will ensure that their laws, regulations, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments.
(4) They also confirm that, by virtue of the principle of equal rights and self-determination of peoples and in conformity with the relevant provisions of the Final Act, all peoples always have the right, in full freedom, to determine, when and as they wish, their internal and external political status, without external interference, and to pursue as they wish their political, economic, social and cultural development.
(5) They confirm their commitment strictly and effectively to observe the principle of the territorial integrity of States. They will refrain from any violation of this principle and thus from any action aimed by direct or indirect means, in contravention of the purposes and principles of the Charter of the United Nations, other obligations under international law or the provisions of the Final Act, at violating the territorial integrity, political independence or the unity of a State. No actions or situations in contravention of this principle will be recognized as legal by the participating States.
(6) The participating States confirm their commitment to the principle of peaceful settlement of disputes, convinced that it is an essential complement to the duty of States to refrain from the threat or use of force, both being essential factors for the maintenance and consolidation of peace and security. They express their determination to pursue continuous efforts to examine and elaborate, on the basis of the relevant provisions of the Final Act and the Madrid Concluding Document and taking into account the reports of the meetings of experts in Montreux and Athens, a generally acceptable method for the peaceful settlement of disputes aimed at complementing existing methods. In this context they accept, in principle, the mandatory involvement of a third party when a dispute cannot be settled by other peaceful means.
(7) In order to ensure the progressive implementation of this commitment, including, as a first step, the mandatory involvement of a third party in the settlement of certain categories of disputes, they decide to convene a Meeting of Experts in Valletta from 15 January to 8 February 1991 to establish a list of such categories and the related procedures and mechanisms. This list would be subject to subsequent gradual extension. The Meeting will also consider the possibility of establishing mechanisms for arriving at binding third-party decisions. The next CSCE Follow-up Meeting will assess the progress achieved at the Meeting of Experts. The agenda, timetable and other organizational modalities are set out in Annex I.
(8) The participating States unreservedly condemn, as criminal, all acts, methods and practices of terrorism, wherever and by whomever committed, including those which jeopardize friendly relations among States and their security, and agree that terrorism cannot be justified under any circumstances.
(9) They express their determination to work for the eradication of terrorism both bilaterally and through multilateral co-operation, particularly in such international fora as the United Nations, the International Civil Aviation Organization and the International Maritime Organization and in accordance with the relevant provisions of the Final Act and the Madrid Concluding Document.
(10) Convinced of the need to combine measures at a national level with reinforced international co-operation, the participating States express their intention
(10.1) - to pursue a policy of firmness in response to terrorist demands;
(10.2) - to reinforce and develop bilateral and multilateral co-operation among themselves in order to prevent and combat terrorism as well as to increase efficiency in existing co-operation at the bilateral level or in the framework of groups of States including, as appropriate, through the exchange of information;
(10.3.) - to prevent on their territories illegal activities of persons, groups or organizations that instigate, organize or engage in the perpetration of acts of terrorism or subversive or other activities directed towards the violent overthrow of the regime of another participating State;
(10.4) - to take effective measures for the prevention and suppression of acts of terrorism directed at diplomatic or consular representatives and against terrorism involving violations of the Vienna Conventions on Diplomatic and Consular Relations, in articular their provisions relating to diplomatic and consular privileges and immunities;
(10.5) - to ensure the extradition or prosecution of persons implicated in terrorist acts and to co-operate closely in cases of conflict of jurisdiction where several States are concerned, acting in both respects in accordance with the relevant international agreements;
(10.6) - to consider becoming parties, if they have not yet done so, to the relevant international conventions relating to the suppression of acts of terrorism;
(10.7) - to continue to work in the appropriate international bodies in order to improve and extend measures against terrorism and to ensure that the relevant agreements are accepted and acted upon by as many States as possible.
(11) They confirm that they will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion. They also confirm the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and security necessary to ensure the development of friendly relations and cooperation among themselves, as among all States.
(12) They express their determination to guarantee the effective exercise of human rights and fundamental freedoms, all of which derive from the inherent dignity of the human person and are essential for his free and full development. They recognize that civil, political, economic, social, cultural and other rights and freedoms are all of paramount importance and must be fully realized by all appropriate means.
(13) In this context they will
(13.1) - develop their laws, regulations and policies in the field of civil, political, economic, social, cultural and other human rights and fundamental freedoms and put them into practice in order to guarantee the effective exercise of these rights and freedoms;
(13.2) - consider acceding to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocol to the Covenant on Civil and Political Rights and other relevant international instruments, if they have not yet done so;
(13.3) - publish and disseminate the text of the Final Act, of the Madrid Concluding Document and of the present Document as well as those of any relevant international instruments in the field of human rights, in order to ensure the availability of these documents in their entirety, to make them known as widely as possible and to render them accessible to all individuals in their countries, in particular through public library systems;
(13.4) - effectively ensure the right of the individual to know and act upon his rights and duties in this field, and to that end publish and make accessible all laws, regulations and procedures relating to human rights and fundamental freedoms;
(13.5) - respect the right of their citizens to contribute actively, individually or in association with others, to the promotion and protection of human rights and fundamental freedoms;
(13.6) - encourage in schools and other educational institutions consideration of the promotion and protection of human rights and fundamental freedoms;
(13.7) - ensure human rights and fundamental freedoms to everyone within their territory and subject to their jurisdiction, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;
(13.8) - ensure that no individual exercising, expressing the intention to exercise or seeking to exercise these rights and freedoms or any member of his family, will as a consequence be discriminated against in any manner;
(13.9) - ensure that effective remedies as well as full information about them are available to those who claim that their human rights and fundamental freedoms have been violated; hey will, inter alia, effectively apply the following remedies:
- the right of the individual to appeal to executive, legislative, judicial or administrative organs;
- the right to a fair and public hearing within a reasonable time before an independent and impartial tribunal, including the right to present legal arguments and to be represented by legal counsel of one's choice;
- the right to be promptly and officially informed of the decision taken on any appeal, including the legal grounds on which this decision was based. This information will be provided as a rule in writing and, in any event, in a way that will enable the individual to make effective use of further available remedies.
(14) The participating States recognize that the promotion of economic, social, cultural rights as well as of civil and political rights is of paramount importance for human dignity and for the attainment of the legitimate aspirations of every individual. They will therefore continue their efforts with a view to achieving progressively the full realization of economic, social and cultural rights by all appropriate means, including in particular by the adoption of legislative measures. In this context they will pay special attention to problems in the areas of employment, housing, social security, health, education and culture. They will promote constant progress in the realization of all rights and freedoms within their countries, as well as in the development of relations among themselves and with other States, so that everyone actually enjoys to the full his economic, social and cultural rights as well as his civil and political rights.
(15) The participating States confirm their determination to ensure equal rights of men and women. Accordingly, they will take all measures necessary, including legislative measures, to promote equally effective participation of men and women in political, economic, social and cultural life. They will consider the possibility of acceding to the Convention on the Elimination of All Forms of Discrimination Against Women, if they have not yet done so.
(16) In order to ensure the freedom of the individual to profess and practise religion or belief, the participating States will, inter alia,
(16.1) - take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers;
(16.2) - foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers;
(16.3) - grant upon their request to communities of believers, practising or prepared to practise their faith within the constitutional framework of their States, recognition of the status provided for them in their respective countries;
(16.4) - respect the right of these religious communities to
- establish and maintain freely accessible places of worship or assembly,
- organize themselves according to their own hierarchical and institutional structure,
- select, appoint and replace their personnel in accordance with their respective requirements and standards as well as with any freely accepted arrangement between them and their State,
- solicit and receive voluntary financial and other contributions;
(16.5) - engage in consultations with religious faiths, institutions and organizations in order to achieve a better understanding of the requirements of religious freedom;
(16.6) - respect the right of everyone to give and receive religious education in the language of his choice, whether individually or in association with others;
(16.7) - in this context respect, inter alia, the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions;
(16.8) - allow the training of religious personnel in appropriate institutions;
(16.9) - respect the right of individual believers and communities of believers to acquire, possess, and use sacred books, religious publications in the language of their choice and other articles and materials related to the practice of religion or belief,
(16.10) - allow religious faiths, institutions and organizations to produce, import and disseminate religious publications and materials;
(16.11) - favourably consider the interest of religious communities to participate in public dialogue, including through the mass media.
(17) The participating States recognize that the exercise of the above-mentioned rights relating to the freedom of religion or belief may be subject only to such limitations as are provided by law and consistent with their obligations under international law and with their international commitments. They will ensure in their laws and regulations and in their application the full and effective exercise of the freedom of thought, conscience, religion or belief.
(18) The participating States will exert sustained efforts to implement the provisions of the Final Act and of the Madrid Concluding Document pertaining to national minorities. They will take all the necessary legislative, administrative, judicial and other measures and apply the relevant international instruments by which they may be bound, to ensure the protection of human rights and fundamental freedoms of persons belonging to national minorities within their territory. They will refrain from any discrimination against such persons and will contribute to the realization of their legitimate interests and aspirations in the field of human rights and fundamental freedoms.
(19) They will protect and create conditions for the promotion of the ethnic, cultural, linguistic and religious identity of national minorities on their territory. They will respect the free exercise of rights by persons belonging to such minorities and ensure their full equality with others.
(20) The participating States win respect fully the right of everyone
- to freedom of movement and residence within the borders of each State, and
- to leave any country, including his own, and to retum to his country.
(21) The participating States will ensure that the exercise of the above-mentioned rights will not be subject to any restrictions except those which are provided by law and are consistent with their obligations under international law, in particular the International Covenant on Civil and Political Rights, and with their international commitments, in particular the Universal Declaration of Human Rights. These restrictions have the character of exceptions. The participating States will ensure that these restrictions are not abused and are not applied in an arbitrary manner, but in such a way that the effective exercise of these rights is ensured.
(22) In this context they will allow all refugees who so desire to return in safety to their homes.
(23) The participating States will
(23.1) - ensure that no one will be subjected to arbitrary arrest, detention or exile;
(23.2) - ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person;
(23.3) - observe the United Nations Standard Minimum Rules for the Treatment of Prisoners as well as the United Nations Code of Conduct for Law Enforcement Officials;
(23.4) - prohibit torture and other cruel, inhuman or degrading treatment or punishment and take effective legislative, administrative, judicial and other measures to prevent and punish such practices;
(23.5) - consider acceding to the Convention against Torture and other Cruel, inhuman or Degrading Treatment or Punishment, if they have not yet done so;
(23.6) - protect individuals from any psychiatric or other medical practices that violate human rights and fundamental freedoms and take effective measures to prevent and punish such practices.
(24) With regard to the question of capital punishment, the participating States note that capital punishment has been abolished in a number of them. In participating States where capital punishment has not been abolished, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to their international commitments. This question will be kept under consideration. In this context, the participating States will co-operate within relevant international organizations.
(25) With the aim of developing mutual understanding and confidence, promoting friendly and good neighbourly relations, strengthening international peace, security and justice and improving the implementation of their CSCE commitments, the participating States will further develop co-operation and promote dialogue between them in all fields and at all levels on the basis of full equality. They agree that full respect for and application of the principles and the fulfilment of the other CSCE provisions will improve their relations and advance the development of their co-operation. They will refrain from any action inconsistent with the provisions of the Final Act and other CSCE documents and recognize that any such action would impair relations between them and hinder the development of co-operation among them.
(26) They confirm that governments, institutions, organizations and persons have a relevant and positive role to play in contributing to the achievement of the aims of their co-operation and to the full realization of the Final Act. To that end they will respect the right of persons to observe and promote the implementation of CSCE provisions and to associate with others for this purpose. They will facilitate direct contacts and communication among these persons, organizations and institutions within and between participating States and remove, where they exist, legal and administrative impediments inconsistent with the CSCE provisions. They will also take effective measures to facilitate access to information on the implementation of CSCE provisions and to facilitate the free expression of views on these matters.
(27) The participating States heard accounts of the Meeting of Experts on Questions concerning Respect, in their States, for Human Rights and Fundamental Freedoms, in all their Aspects, as embodied in the Final Act, held in Ottawa from 7 May to 17 June 1985. They welcomed the fact that frank discussions had taken place of matters of key concern. Noting that these discussions had not led to agreed conclusions, they agreed that such thorough exchanges of views themselves constitute a valuable contribution to the CSCE process. In this respect it was noted in particular that proposals made at the Meeting had received further consideration at the Vienna Follow-up Meeting. They also welcomed the decision to allow public access to part of the Meeting and noted that this practice was further developed at later meetings.