December 3, 1997

Drafting proposals
to the Chairman's Perception non-paper
"Possible Elements for the Copenhagen Ministerial Council",
PC.SMC136197, 20 November 1997

1. The Ministerial Council recognizes that the post-Cold War period provides a unique historical opportunity for building a common security space in the OSCE region, democratic and peaceful, free of the divisions. The comprehensiveness and indivisibility of security, multi-faceted and complex risks and challenges require a joint cooperative action to provide security. Security can only be strengthened through genuine partnership based on sovereign equality, and with due regard for the interests of all OSCE participants;

2. The Council recalls that, under paragraph 22 of the Helsinki Summit Declaration of 1992, the OSCE is a forum providing direction and giving impulse to the shaping of the new Europe. In accordance with the 1996 Lisbon Declaration, the purpose of the work on a Security Model for the twenty-first century is to enhance and strengthen the OSCE as an important part of the future security architecture, corresponding to the needs of all our nations and individuals;

3. Taking note of the report by the Chairman-in-Office on the work done on the Security Model during 1997, the Ministerial Council, remaining committed to the Helsinki Final Act and recalling the Charter of Paris and other CSCE/OSCE documents, decides to develop a substantive, comprehensive and solemn OSCE document/OSCE Charter for Security and Co-operation which can serve the needs of our peoples in the new century.

4. Such a document/Charter should:

– Be politically binding in nature;

– Strengthen the OSCE's ability to address all risks and challenges to security, inter alia, by strengthening the OSCE's own potential in a number of essential areas including its operational capabilities;

– Complement the processes of integration in the OSCE region;

- Reflect the OSCE's overall approach to comprehensive and indivisible security;

– Include the principle of solidarity;

Contribute to a security landscape featuring mutually-supporting, complementary security organizations that work together on a non-hierarchical basis and equip the OSCE to more effectively play its central role in building a security space.

5. The document/Charter could, inter alia, be based on the following guidelines:

a) Introduction

- Reflect the comprehensiveness and indivisibility of security;

- Reaffirm the principles of the Helsinki Final Act and the Charter of Paris as the basis for security in all its dimensions;

– Reflect the relationship between respect for these principles and peace and stability;

b) General principles

- Commit participating States to exercise restraint in relation to the buildup of military capabilities, to provide military transparency, accountability and civilian control of military;

- Prevent participating States from strengthening their security at the expense of the security of other States;

- Within the OSCE region no State, organization or grouping have any superior responsibility for maintaining peace and stability, or regard any part of the OSCE region as its sphere of influence;

– Safeguard the legitimate security interests of each participating State and the fundamental right of each participating State for individual self-defense;

– To ensure that the presence of foreign troops on the territory of the participating States is in conformity with international law, the freely expressed consent of the State, or a relevant decision of the United Nations Security Council;

– Respect the inherent right of each and every participating State to be free to choose or change its security arrangements, including treaties of alliance, as they evolve;

– To maintain the consensus basis for OSCE decision-making in all but extraordinary cases;

c) Solidarity

- Underline that participating States are accountable to their citizens and responsible to one another for respect for OSCE norms and principles and the implementation of their commitments;

– Strengthen the commitment to act in solidarity to ensure respect for and observance of OSCE principles and the implementation of commitments;

– Assist a participating State facing difficulties in implementing OSCE principles and commitments;

– Refrain from supporting and assisting States that seriously contravene the principles and commitments agreed upon within the OSCE and to identify joint measures to be taken in such cases;

– Act jointly and promptly if a State threatens to use or uses force against the sovereignty, territorial integrity or political independence of another State;

CI) JOINT CO-OPERATIVE ACTION TO PROVIDE FOR
OBSERVANCE OF OSCE PRINCIPLES aND IMPLEMENTATION OF
COMMITMENTS.

Annex 1, once adopted may constitute an integral part of a comprehensive solemn OSCE document/Charter.

e) Basic principles of co-operation between security-related organizations

– Foster non-hierarchical co-operation between the OSCE and other security organizations which adhere to the Platform for Co-operative Security which is set out in Almex 2. Annex 2 is adopted together with this decision as an integral part of a comprehensive solemn QSCE document/Charter.

Further explore ways in which the OSCE might be better complemented by capabilities of other organizations so as to craft optimal co-operative solutions to specific problems;

– Develop the OSCE as a forum for interaction with subregional groups as a means of exchanging information on examples of "best practice", and of developing a pragmatic division of labour (subsidiarity), i.a. regarding post-conflict rehabilitation;

- Contacts and co-operation of the OSCE with other organizations will be determined by and be transparent to the participating States.

f) Conflict prevention, crisis management and post-conflict rehabilitation

– Reinforce the OSCE as a regional arrangement under Chapter VIII of the United Nations Charter;

– Improve and strengthen the capacity of the OSCE to act in the field of conflict prevention, crisis management and post-conflict rehabilitation, particularly by increasing its efficiency in mission support and personnel training and exploring new mission capabilities and other conflict prevention tools;

– Reaffirm the commitment of participating States to co-operate with the
OSCE, its institutions and representatives;

- Co-operate closely with the competent institutions in confronting new risks and challenges and to invite these institutions to inform the OSCE of measures taken by them;

- Improve and diversify the OSCE's capacities and peacekeeping abilities in accordance with the provisions of Chapter III of the Helsinki Document 1992.

- Enhance OSCE's post-conflict rehabilitation capacities.

g) Humanitarian issues

– Reconfirm that commitments undertaken in the humanitarian field do not belong exclusively to the internal affairs of a State;

- Confirm that violations of human rights and fundamental freedoms and manifestations of intolerance, aggressive nationalism, racism, xenophobia and anti-semitism are threats to overall security;

- Assist in further developing and strengthening rule of law and democratic institutions;

- Support intracivic dialogue to further ensure respect for and implementation of the human rights, including those of persons belonging to national minorities;

– Confirm the respect for equal rights of women and men;

- Enhance co-operation in the field of human contacts, information exchange, culture, education and science;

- Co-operate in the field of migration, refugees and displaced persons;

h) Economic dimension

– Confirm the inter-linkages between security and economic freedom, prosperity, social justice, environmental protection;

– Ensure the rule of law and the development of a transparent and predictable legal system in the economic sphere;

- Through economic co-operation to provide for a sustainable economic development on the basis of market economy;

- Co-operate in solving environmental problems and managing disasters;

i) Arms control

– Confirm the importance of existing arms control and confidence- and security-building measures and adapt these to the new security environment; – Confirm the Code of Conduct on Politico-Military Aspects of Security; – Ensure that the Forum for Security Co-operation remains effective in promoting the openness and transparency of military forces and activities;

6. The Ministerial Council decides:

– That the adopted annexes will constitute elements of a comprehensive solemn OSCE document/OSCE Charter on Security and Cooperation;

– That the drafting of a document/Charter will be undertaken by the Security Model Committee, under the auspices of the Permanent Council, which may, as appropriate, set up subordinate bodies to deal with specific elements of the document/Charter; – To task the Chairman-in-Office, as a matter of priority, with presenting a schedule, organizational modalities and procedures for this process. Progress of the work may, as appropriate, be reviewed at special meetings of the OSCE Permanent Council;

- That a document/Charter should be presented for adoption at the next meeting of the Heads of State or Government of the OSCE participating States.