osce.org/odihr Commitments of the OSCE participating States relevant to the postponement of the return of irregular migrants 22 March 2017 Riga, Latvia
osce.org/odihr Migrants, asylum seekers and refugees in the OSCE region: statistics for 2016- first quarter of 2017 • Mid-2016 - the OSCE region hosted more than 5.2 million refugees and 1.7 million asylum seekers, • The arrivals continue this year - only by using the sea routes 19,567 migrants and refugees entered Europe by 8 March 2017, over 80 percent arriving in Italy and the rest in Spain and Greece. Sources: • UNHCR • IOM • OSCE
Dimensions of the OSCE One of the three dimensions of security Norms and Economic & Links Human activities related Human Politico-military Rights with environmental to Human Rights, institutional and Democracy and political systems Rule of Law Human Rights Human are of direct and Dimension legitimate commitments concern to all are politically participating binding States
Relevant OSCE commitments Commitments Related to Human Rights That Are Applicable to All > Freedom of Movement, Human Contacts, and Family Reunification Commitments Related to Human Rights with a Focus on Specific Groups > Migrants and their Family Members, Refugees, Displaced Persons, Returnees, and Stateless Persons > Roma and Sinti Commitments Related to Equality, Tolerance and Non-Discrimination Commitments Related to Specific Threats to Human Security > Prevention of Trafficking in Human Beings The ODIHR and the Human Dimension of the OSCE 4 01
Selected OSCE commitments on refugees and displaced persons (1) Helsinki 1992 (Decisions: VI. The Human Dimension) “The participating States (39) Express their concern over the problem of refugees and displaced persons; (40) Emphasize the importance of preventing situations that may result in mass flows of refugees and displaced persons and stress the need to identify and address the root causes of displacement and involuntary migration; (41) Recognize the need for international co-operation in dealing with mass flows of refugees and displaced persons; The ODIHR and the Human Dimension of the OSCE. 5 01
Selected OSCE commitments on refugees and displaced persons (2) Helsinki 1992 (Decisions: VI. The Human Dimension) (contd.): (43) Reaffirm the importance of existing international standards and instruments related to the protection of and assistance to refugees [and will consider acceding to the Convention relating to the Status of Refugees and the Protocol, if they have not already done so]; (45) Welcome and support unilateral, bilateral and multilateral efforts to ensure protection of and assistance to refugees and displaced persons with the aim of finding durable solutions …” The ODIHR and the Human Dimension of the OSCE. 6 01
Selected OSCE commitments on refugees and displaced persons (3) Istanbul 1999 (Charter for European Security: III. Our Common Response) “ 22. We reject any policy of ethnic cleansing or mass expulsion. We reaffirm our commitment to respect the right to seek asylum and to ensure the international protection of refugees as set out in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as well as to facilitate the voluntary return of refugees and internally displaced persons in dignity and safety. ” The ODIHR and the Human Dimension of the OSCE. 7 01
Selected OSCE commitments on border security and management (1) Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States): “ 2.The OSCE participating States reaffirm the obligations and commitments on border-related issues that they have undertaken at all levels: 2.1 At the global level: On border security and management issues, the participating States reaffirm their commitments under international law, in particular international human rights, refugee and humanitarian law, and may consider as well standards and recommendations laid down by the World Customs Organization, the International Organization for Migration, the International Labour Organization, the United Nations High Commissioner for Refugees and other relevant international organizations; The ODIHR and the Human Dimension of the OSCE. 8 01
Selected OSCE commitments on border security and management (2) Ljubljana 2005 (Border Security and Management Concept: Framework for Co-operation by the OSCE Participating States) (contd.): “ 4. The participating States will promote co-operation between their border services, customs authorities, agencies issuing travel documents and visas, and law enforcement and migration agencies, as well as other competent national structures, with a view to achieving the following aims: 4.5 To promote dignified treatment of all individuals wanting to cross borders, in conformity with relevant national legal frameworks, international law, in particular human rights, refugee, and humanitarian law, and relevant OSCE commitments …” The ODIHR and the Human Dimension of the OSCE. 9 01
Selected OSCE commitments on migration management (1) Athens 2009 (contd.) • “Underlining the need to facilitate legal migration and fight illegal migration, • Bearing in mind the different approaches to migration issues by the OSCE participating States, and drawing on their experiences and best practices, • Stressing the need to deepen dialogue and co-operation at all levels within and between all States, as well as with all relevant stakeholders, including social partners, business community, civil society and academia, to effectively address the opportunities and challenges related to comprehensive migration management, • Confirming that co-operation, dialogue and exchange of good practices and information on migration management issues remain an important component of the OSCE’s comprehensive concept of secur ity, supported as appropriate and within the respective mandates, capacities and resources in all three dimensions” ; The ODIHR and the Human Dimension of the OSCE. 10 01
Selected OSCE commitments on migration management (2) Athens 2009 (Decisions: Decision No. 5/09 on Migration Management) “The Ministerial Council, ( … ) 1. Encourages the participating States to continue to work on migration management by: • “Ensuring that their national migration practices comply with their respective international obligations and OSCE commitments” ; … • “Further elaborating and enhancing implementation of comprehensive and effective national migration policies and action plans as appropriate … ; ” • Respecting the human rights of migrants and increasing efforts to combat discrimination, intolerance and xenophobia towards migrants and their families; 11 01
Selected OSCE commitments on migration management (3) Athens 2009 (contd.) OSCE institutions, including ODIHR, have been tasked with their respective mandates to: • “Provide a broad regional platform for dialogue on migration and security issues … with the involvement of other relevant stakeholders” ; • “Assist participating States, upon their request, to improve migration legislation and to elaborate and implement effective national policy frameworks, by providing advice and training, in co-operation with relevant international and regional organizations” ; • “Continue to assist the participating States, upon their request, to promote effective migration management, including exchange of best practices, and to facilitate legal migration and fight illegal migration, while paying particular attention to bilateral and multilateral co-operation in this field. ” 12 01
Selected OSCE commitments on migration management (4) Hamburg 2016 (Decision No.3/16, OSCE's Role in the Governance of Large Movements of Migrants and Refugees) “ The Ministerial Council, “… irregular migration in large movements often presents complex challenges.. ” ; “Acknowledging the many specific activities linked to migration and refugees already undertaken by OSCE executive structures, within existing mandates, as well as by participating States, based on existing OSCE commitments, relevant United Nations documents and national policies” . The ODIHR and the Human Dimension of the OSCE. 13 01
Selected OSCE commitments on migration management (5) Hamburg 2016 (Decision No.3/16, OSCE's Role in the Governance of Large Movements of Migrants and Refugees) “ 2. Encourages the OSCE executive structures … to continue their work on the issue of migration, including by reinforcing activities leading to the exchange of best practices … , in a manner that complements the activities undertaken by other relevant international organizations and agencies; 3. Encourages participating States also to use the OSCE platform, including appropriate OSCE working bodies, to continue addressing migration-related issues where the OSCE has developed its expertise, and improve dialogue on migration- related matters with regard to developing possible effective measures and common approaches to address them. ” of the OSCE. 14 01
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