HUMAN RIGHTS
beginnings in 1975. Contrary to this, human rights
defenders continued to be targeted in several participating States for their legitimate activities, suffering
from physical attacks and threats, a lack of effective protection, and a lack of recourse to justice, as
well as being stigmatized for their activities. Arbitrary inspections and judicial harassment remained
two of the most common tactics to silence human
rights NGOs. Moreover, human rights defenders
were subjected to state surveillance and other interferences with their right to privacy, as well as undue
restrictions to their freedom of movement. In some
participating States laws that govern the operation of
NGOs imposed burdensome administrative requirements and obstacles to the receipt of foreign funding.
Human Rights in the Fight against
Terrorism
OSCE participating States have repeatedly acknowledged that genuine security can only be achieved
where counter-terrorism measures are effective,
proportionate and respectful of human rights and
the rule of law. Yet, these commitments to protect
human rights while countering terrorism often go
unfulfilled. Terrorist threats have been invoked to justify the imposition of undue restrictions on human
rights, including on the expression of dissenting
views and on the work of civil society organizations.
Some OSCE participating States have continued to
adopt vague anti-terrorism legislation, to rely on discriminatory anti-terrorism measures, and to engage
in mass surveillance in violation of international
human rights standards. Torture and other ill-treatment, arbitrary detentions and a lack of respect of fair
trial standards remained issues of concern in the antiterrorism context.
National Human Rights Institutions
Independent national human rights institutions
(NHRIs) play an important role in monitoring and
promoting the protection and defence of human
rights. OSCE participating States have committed themselves to facilitating the establishment and
strengthening of independent national institutions
in the area of human rights and the rule of law. The
establishment in 2013 of a Secretariat in Brussels for
the European Network of National Human Rights
Institutions, formerly known as the European Group
of NHRIs, was an important development in this
respect. Forty-one NHRIs are now part of the network, which supports the establishment, capacity
development and accreditation of NHRIs in the European region.
Security Sector and Human Rights
OSCE participating States have committed themselves to establishing accountable, effective,
transparent and democratically controlled security forces. Key enabling factors include respect for
human rights and gender principles, as reflected
in the OSCE Code of Conduct on Politico-Military
Aspects of Security, and other OSCE commitments.
However, problems persisted in the security sector,
such as gender-based discrimination, mistreatment
and bullying of personnel, irregularities in conscription and disproportionate restrictions on military
associations. Insufficient or non-existent independent
oversight mechanisms and limited access for civil
society compounded these problems.
Trafficking in Human Beings
In many OSCE participating States efforts to combat
trafficking in human beings remain on the agenda,
although progress has been slowed by a lack of
resources. In some cases, gaps in meeting states’
obligations to combat trafficking have been partly
addressed through efforts by NGOs and international
organizations. Lack of human rights-compliant legal
provisions, difficulties in the effective implementation of existing provisions and insufficient budgetary
resources were among the main challenges faced by
participating States in 2013. The lack of a victim-centered approach to the fight against trafficking often
prevents trafficked persons from having access to justice and results in other human rights violations.
Torture and Other Ill-treatment
OSCE participating States have committed themselves to prohibiting and taking measures to prevent
torture and other ill-treatment. Nevertheless, torture
and other forms of ill-treatment remain pervasive in
the OSCE area. Weak institutional mechanisms for
the prevention and punishment of torture and other
ill-treatment, inadequate training of law enforcement officers, poor detention conditions and the lack
of robust accountability and oversight mechanisms
continue to be significant challenges. In 2013 three
OSCE participating States — Italy, Norway and Portugal — became parties to the UN Optional Protocol
to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
ODIHR Annual Report 2013 / 43
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