Vienna, May 14, 1998

JOINT CO-OPERATIVE ACTION
TO PROVIDE FOR OBSERVANCE OF OSCE PRINCIPLES
AND IMPLEMENTATION OF COMMITMENTS

The observance of OSCE principles and the implementation of commitments are some of the foundations of the common and indivisible security in the OSCE region. Acts of non-compliance with QSCE principles and commitments degrade the security space to the detriment of all of the OSCE participating States. Thus, the mechanism to provide for the compliance with OSCE norms, standards and undertakings and to enhance joint co-operative action within the OSCE framework in the event of non-compliance as it is envisaged in the Lisbon Declaration on a Common and Comprehensive Security for Europe for the Twenty First Century, is needed.

1. The OSCE participating States recognize that they are accountable to their citizens and responsible to one another for respect of OSCE norms and principles and for the implementation of their commitments. They recognize that OSCE commitments are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned, since respect for these commitments constitutes one of the foundations of the international order;

The participating States have committed themselves to act in solidarity, taking joint cooperative actions to promote full implementation of previously agreed principles and commitments. They also have an obligation to act in solidarity in order to prevent gross violations of OSCE norms and principles, the illegal threat or use of force and to protect democratic institutions as well as human rights.

2. Participating States are fully committed to entering into a dialog in cases of difficulties in implementing OSCE commitments and in that spirit of co-operation they will also provide assistance to any participating States facing such difficulties.

3. The OSCE participating States reject and undertake not to support in any way threats or uses of force in violation of international law against the sovereignty and territorial integrity or political independence of any participating State. In the event of such violations, they undertake to consult promptly and to take joint cooperative action, as an expression of their solidarity, to provide assistance to a participating State, suffering from the consequences of non-compliance by other States, that makes a request for support from the OSCE.

4. The OSCE participating States undertake to receive OSCE representatives on their territory and to accord such representatives full access to persons and institutions relevant to the fulfillment of OSCE principles and commitments.

5. Where a participating State fails or refuses to comply with OSCE principles and commitments following the application of the below-mentioned measures, the Permanent Council or another OSCE decision-making body, may decide to take appropriate and gradual measures to encourage full cooperation by that State. In cases of clear, gross and uncorrected violations and continued lack of cooperation, such measures can be decided upon without the consent of the State concerned.

Deliberations of the Permanent Council, its ad hoc committees and other bodies provide the opportunity for the participating States to discuss issues of compliance with the OSCE principles and commitments. The periodic reports of the OSCE High Commissioner on National Minorities, the Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, the Coordinator of the OSCE Economic and Environmental Activities and any other relevant OSCE institutions provide the substantive basis for a dialogue. In the course of such a dialogue the participating States take, inter alia, the following measures to identify noncompliance with the OSCE principles and commitments:

1. The OSCE High Commissioner on National Minorities, the Office for Democratic Institutions and Human Rights, the OSCE Representative on Free Media, the Coordinator of the OSCE Economic and Environmental Activities and any other relevant OSCE institution will monitor, in accordance with their mandates, the observance of OSCE principles and the implementation of its commitments in their respective fields of activity. These institutions may report to the Permanent Council any cases of difficulties or/and non-compliance they might have identified, fulfilling thereby their early warning function;

2. A participating State suffering from the consequences of noncompliance by other participating States may at any time request, within the framework of a regular Permanent Council meeting or on the bilateral basis, clarification from another participating State regarding alleged non-compliance by the latter with OSCE principles and commitments;

3. A participating State requested, pursuant to provisions of paragraph 2 above, will provide, within the same framework, a clarification within a fixed period of time (to be agreed upon in general or on a case-by-case basis). These bilateral or unilateral consultations may involve, as appropriate, the OSCE Chairman-in-Office or his representative to be appointed for this purpose;

4. A participating State facing difficulties in implementing OSCE principles and commitments, following the application of the provisions of paragraphs 2 and 3 of this Section, undertakes to inform all participating States in the Permanent Council of the nature and scope of the difficulties it is facing. The participating State in question may request the convening of an emergency meeting of the Permanent Council, Senior Council or meeting of the reinforced Permanent Council, as appropriate, be held;

A participating State suffering from the consequences of noncompliance by other participating States, following the application of the provisions of paragraphs 2 and 3 of this Section, undertakes to inform all participating States in the Permanent Council meeting on the nature and scope of the difficulties it is facing. This participating State in question may request that an emergency meeting of the Permanent Council, Senior Council or reinforced meeting of the Permanent Council, as appropriate, be held;

5. The provisions of aforegoing paragraphs of this Section are implemented so that, in a spirit of solidarity, the participating States might formulate appropriate responses to the State in question with a view for further action by the OSCE.

A. Measures in cases of requests for support by a participating State facing difficulties in complying nationally and in cases of noncompliance with OSCE principles and commitments.

1. On the basis of fulfillment of the provisions of paragraph 3 of Section II and upon the invitation of a participating State the Permanent Council establishes and/or sends a mission of experts or reporters to the country or countries concerned. This mission gathers the information and/or uses its good offices and mediation services, makes observations of facts, proposals or advice which will be contained in the report of the mission. The report will be submitted to the Permanent Council for the decision to be taken;

2. The Permanent Council considers the possibility of convening round tables and takes other steps with interested States and parties involved;

3. The Permanent Council decides to provide assistance which may include the organization of seminars or training programs, the raising of funds, taking measures in legal, economic, financial or military fields, or any other activity aimed at improving the implementation record of the concerned State;

4. Upon the Permanent Council's decision such assistance may also be provided, as appropriate, by the Chairman-in-Office, the Troika, the HCNM, the ODIHR, the OSCE Representative on Freedom of the Media, the Coordinator of the OSCE Economic and Environmental Activities or any other OSCE institutions acting within their mandate.

B. Measures in cases of clear, gross and uncorrected violations and continued lack of cooperation by a participating State with the OSCE.

1. In cases of clear, gross and uncorrected violations of OSCE principles and its commitments and continued lack of cooperation by a participating State, the CIO upon the request by a participating State may convene a special meeting of the Permanent Council, if necessary with the participation of high-level representatives, or a Senior Council meeting in order to discuss the case and suggest action to remedy the situation. Under exceptional circumstances when all above-mentioned measures have been exhausted and when all offers of assistance have failed to secure implementation, the agenda of the meeting, as well as the decisions it will take, may be adopted without the consent of the concerned State. The meeting may also decide to convene a meeting at ministerial level;

2. In such cases the participating States may decide to condition their cooperation with this State, and if necessary take corrective measures. These measures can be, but not limit to, as follows:

– Recommendations to the participating States for suspension of political, economic and other cooperation;

– Decision to refer the issue to the UN Security Council, with possible recommendations for sanctions to be taken.

3. In all cases a participating State remains subjected to the commitments it has undertaken within the framework of the QSCE;

4. The measures introduced do not in any way restrain the flexibility of the other OSCE mechanisms and instruments, or the full exercise by its institutions of their mandates.