26 November 1997

Drafting proposals for Annex 1 of the "Possible Elements for the
Copenhagen Ministerial Council", 20 November 1997

The following paragraph is proposed for insertion after paragraph I of existing Section "Principles":

The participating States have commited 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.

"Participating States are fully...facing such difficulties" shall be paragraph 2 of the Section "Principles".

The following paragraph is proposed for insertion after the first sentence of paragraph 2 (i.e. Participating States are fully commited...facing such difficulties.") of existing Section "Principles" as the third principle:

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 co-operative 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.

To replace the second part of paragraph 2 (i.e. "Participating States commit themselves...each individual Sate.") of the existing Section "Principles":

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 fullfillment of OSCE principles and commitments.

Insert the following new paragraph 5 at the end of the existing
Section" Principles".

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.

The following section is proposed to replace existing section "Active Dialogue on Compliance":

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 Representative on Free Media, the Economic and Environmental Coordinator 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 non-compliance with the OSCE principles and commitments:

1. The OSCE High Commissioner on National Minorities, the Office for Democratic Institutions and Human Rights, the Representative on Free Media, the Economic and Environmental Coordinator 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 plurilateral 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 non-compliance 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.