BUDAPEST DOCUMENT 1994
TOWARDS A GENUINE PARTNERSHIP IN A NEW ERA
THE HUMAN DIMENSION
1. In their review of implementation of CSCE commitments in the
human dimension, the participating States based their discussion on
the community of values established among them, which is reflected in
the high standards created within the CSCE. During the discussion,
it was noted that major progress had been made in compliance with
human dimension commitments. The participating States acknowledged,
however, that there was a serious deterioration in some areas and a
need for action against the continuing violations of human rights and
manifestations of aggressive nationalism, such as territorial
expansionism, as well as racism, chauvinism, xenophobia and
anti-semitism, which continue to cause human suffering.
2. Human rights and fundamental freedoms, the rule of law and
democratic institutions are the foundations of peace and security,
representing a crucial contribution to conflict prevention, within a
comprehensive concept of security. The protection of human rights,
including the rights of persons belonging to national minorities, is
an essential foundation of democratic civil society. Neglect of
these rights has, in severe cases, contributed to extremism, regional
instability and conflict. The participating States confirmed that
issues of implementation of CSCE commitments are of legitimate and
common concern to all participating States, and that the raising of
these problems in the co-operative and result-oriented spirit of the
CSCE was therefore a positive exercise. They undertook to encourage
implementation of CSCE commitments through enhanced dialogue,
implementation reviews and mechanisms. They will broaden the
operational framework of the CSCE, in particular by enhancing the
Office for Democratic Institutions and Human Rights (ODIHR),
increasing its involvement in the work of the Permanent Council and
mission activity, and furthering cooperation with international
organizations and institutions active in human dimension areas.
3. The participation of non-governmental organizations (NGOs) was a
welcome addition to the implementation review. In their statements,
these organizations contributed ideas and raised issues of concern
for participating States to take into consideration. They also
informed the participating States of their activities, such as in the
area of conflict prevention and resolution. The experience of the
Budapest Review Conference invites further consideration with regard
to promoting within the CSCE the dialogue between governments and
NGOs of the participating States, in addition to State-to-State
4. Reaffirming their commitments in the human dimension, the
participating States, while considering it essential to concentrate
their efforts on the implementation of existing CSCE commitments,
decide to enhance the framework of their cooperation and to this end
adopt the following:
ENHANCING COMPLIANCE WITH CSCE COMMITMENTS AND PROMOTING
CO-OPERATION AND DIALOGUE IN THE HUMAN DIMENSION
5. Building on the implementation review structures in the Helsinki
Document 1992 and to improve human dimension implementation, the
participating States will use the Permanent Council for an enhanced
dialogue on the human dimension and for possible action in cases of
non-implementation. To this end, the participating States decide
that human dimension issues will be regularly dealt with by the
Permanent Council. They will draw more widely on the possibilities
offered by the Moscow Mechanism for examining or promoting the
solution of questions relating to the human dimension on their
6. They encourage the Chairman-in-Office to inform the Permanent
Council of serious cases of alleged non-implementation of human
dimension commitments, including on the basis of information from the
ODIHR, reports and recommendations of the High Commissioner on
National Minorities (HCNM), or reports of the head of a CSCE mission
and information from the State concerned.
7. The participating States reconfirm their appreciation for the
HCNM, who has, fully in line with his mandate, been able to focus on,
and to successfully address a number of national minority issues,
taking also into account specific situations of participating States
and of parties directly concerned.
They encourage the HCNM to continue his present activities, and
support him on taking up new and further ones, including those
related to his recommendations. They will increase their efforts to
implement these recommendations.
Role of the ODIHR
8. The ODIHR, as the main institution of the human dimension, in
consultation with the Chairman-in-Office, will, acting in an advisory
capacity, participate in discussions of the Senior Council and the
Permanent Council, by reporting at regular intervals on its
activities and providing information on implementation issues. It
will provide supporting material for the annual review of
implementation and, where necessary, clarify or supplement
information received. Acting in close consultation with the
Chairman-in-Office, the Director of the ODIHR may propose further
9. The participating States recognize the need for enhanced
cooperation through the ODIHR with other international organizations
and institutions active in the human dimension, including among
others the United Nations High Commissioner for Human Rights, for the
exchange of information, including reports, and for further
developing of futureoriented activities, such as outlined in the
10. The participating States decide to
11. The ODIHR will be consulted on a CSCE mission's mandate before
adoption and will contribute to the followup of mission reports as
decided by the Permanent Council. The ODIHR's knowledge of experts
on the human dimension should be used to help to staff CSCE missions.
These missions will also designate a mission member to liaise with
the ODIHR and with NGOs on human dimension issues.
enhance the CSCE's cooperation with other international
organizations and institutions, in particular UNHCR and IOM, with a
view to contributing to UNHCR's preparation of a regional conference
to address the problems of refugees, displaced persons, other forms
of involuntary displacement and returnees in the countries of the
Commonwealth of Independent States (CIS) and other interested
neighbouring States, by establishing, after consultation in the
informal Financial Committee, a temporary position, financed by
voluntary contributions for a migration expert;
task the ODIHR to act as a clearing-house for the exchange of
information on media issues in the region, and encourage governments,
journalists and NGOs to provide the ODIHR with information on the
situation of the media.
12. The ODIHR will play an enhanced role in election monitoring,
before, during and after elections. In this context, the ODIHR
should assess the conditions for the free and independent functioning
of the media.
The participating States request that co-ordination between the
various organizations monitoring elections be improved, and task the
ODIHR to consult all relevant organizations in order to develop a
framework for co-ordination in this field.
In order to enhance election monitoring preparations and procedures,
the ODIHR will also devise a handbook for election monitors and set
up a rolling calendar for upcoming elections.
13. The provisions mentioned in the human dimension chapter of this
document do not in any way constitute a change in the mandate of
either the ODIHR or the HCNM.
14. The number of large-scale human dimension seminars will as a rule
be reduced to two per year. They will focus on topics which are of
the broadest interest.
There will be more emphasis on regional seminars. Where appropriate
they will form part of the Programme of Coordinated Support. These
seminars should seek full participation from States in the region in
which they are held. The ODIHR is requested to present to the
Permanent Council a report on how to increase the effectiveness of
human dimension seminars. Whilst these seminars will not produce a
negotiated document, particular attention should be given to
15. A large number of possible subjects for seminars, both
large-scale and regional, was suggested during the Review Conference.
The Executive Secretariat kept a list, which will be passed on to the
Permanent Council. In conformity with the relevant provisions of the
Helsinki Document 1992, the Permanent Council will establish an
annual work programme including the titles, dates and venues of such
seminars, taking into account the advice of the ODIHR and the HCNM.
16. The participating States welcomed the offer of Romania to host an
International Seminar on Tolerance in Bucharest under the auspices of
the ODIHR and the Council of Europe, in co-operation with UNESCO, in
the context of the 1995 International Year of Tolerance.
Role of NGOs
17. The participating States and CSCE institutions will provide
opportunities for increased involvement of NGOs in CSCE activities as
foreseen in Chapter IV of the Helsinki Document 1992. They will
search for ways in which the CSCE can best make use of the work and
information provided by NGOs. The Secretary General is requested to
make a study on how participation of NGOs can be further enhanced.
COMMITMENTS AND CO-OPERATION
Rule of law
18. The participating States emphasize that all action by public
authorities must be consistent with the rule of law, thus
guaranteeing legal security for the individual.
They also emphasize the need for protection of human rights
defenders and look forward to the completion and adoption, in the
framework of the United Nations, of the draft declaration on the
"Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms".
19. The participating States reconfirm their commitments in the
Copenhagen and Moscow Documents concerning the question of capital
Prevention of torture
20. The participating States strongly condemn all forms of torture as
one of the most flagrant violations of human rights and human
dignity. They commit themselves to strive for its elimination. They
recognize the importance in this respect of international norms as
laid down in international treaties on human rights, in particular
the United Nations Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment and the European
Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment. They also recognize the importance of
national legislation aimed at eradicating torture. They commit
themselves to inquire into all alleged cases of torture and to
prosecute offenders. They also commit themselves to include in their
educational and training programmes for law enforcement and police
forces specific provisions with a view to eradicating torture. They
consider that an exchange of information on this problem is an
essential prerequisite. The participating States should have the
possibility to obtain such information. The CSCE should in this
context also draw on the experience of the Special Rapporteur on
Torture and other Cruelly Inhuman or Degrading Treatment or
Punishment established by the Commission on Human Rights of the
United Nations and make use of information provided by NGOs.
21. The participating States confirm their determination consistently
to advance the implementation of the provisions of the Final Act and
all other CSCE documents relating to the protection of the rights of
persons belonging to national minorities. They commend the work of
the HCNM in this field.
22. The participating States welcome the international efforts to
improve protection of the rights of persons belonging to national
minorities. They take note of the adoption, within the Council of
Europe, of a Framework Convention on the Protection of National
Minorities, which builds upon CSCE standards in this context. They
stressed that the Convention is also open - by invitation - to
signature by States which are not members of the Council of Europe
and they may consider examining the possibility of becoming parties
to this Convention.
Roma and Sinti
23. The participating States decide to appoint within the ODIHR a
contact point for Roma and Sinti (Gypsies) issues. The ODIHR will be
To fulfil these tasks, the ODIHR will make full use of existing
resources. In this context they welcome the announcement made by
some Roma and Sinti (Gypsies) organizations of their intention to
make voluntary contributions.
act as a clearing-house for the exchange of information on Roma and
Sinti (Gypsies) issues, including information on the implementation
of commitments pertaining to Roma and Sinti (Gypsies);
facilitate contacts on Roma and Sinti (Gypsies) issues between
participating States, international organizations and institutions
maintain and develop contacts on these issues between CSCE
institutions and other international organizations and institutions.
24. The participating States welcome the activities related to Roma
and Sinti (Gypsies) issues in other international organizations and
institutions, in particular those undertaken in the Council of
Tolerance and non-discrimination
25. The participating States condemn manifestations of intolerance,
and especially of aggressive nationalism, racism, chauvinism,
xenophobia and antisemitism, and will continue to promote effective
measures aimed at their eradication. They request the ODIHR to
continue to pay special attention to these phenomena, collecting
information on their various manifestations in participating States.
They will seek to strengthen or adopt appropriate legislation to this
end and take the necessary measures to ensure that existing
legislation is effectively implemented, in a way that would deter
manifestations of these phenomena. They also stress that action to
combat these phenomena should be seen as an integral part of
integration policy and education. They condemn all crimes committed
in the pursuit of socalled "ethnic cleansing" and will continue to
give their effective support to the International War Crimes Tribunal
for the former Yugoslavia in The Hague.
26. They commend the Council of Europe's plan of action on racism,
xenophobia, anti-semitism and intolerance. In following up the Rome
Council's Declaration, CSCE institutions will explore possibilities
for joint work with the Council of Europe, as well as the United
Nations and other international organizations.
27. Reaffirming their commitment to ensure freedom of conscience and
religion and to foster a climate of mutual tolerance and respect
between believers of different communities as well as between
believers and nonbelievers, they expressed their concern about the
exploitation of religion for aggressive nationalist ends.
28. The participating States reconfirm that human rights are
universal and indivisible. They recognized that the protection and
promotion of the rights of migrant workers have their human
dimension. They underline the right of migrant workers to express
freely their ethnic, cultural, religious and linguistic
characteristics. The exercise of such rights may be subject to such
restrictions as are prescribed by law and consistent with
29. They decided that appropriate measures should be taken to better
prevent racist attacks and other manifestations of violent
intolerance against migrant workers and their families.
30. They reconfirm their condemnation of all acts of discrimination
on the ground of race, colour and ethnic origin, intolerance and
xenophobia against migrant workers. They will, in conformity with
domestic law and international obligations, continue to take
effective measures to this end.
31. They will continue to promote the integration of migrant workers
in the societies in which they are lawfully residing. They recognize
that a successful process of integration also depends on its active
pursuit by the migrants themselves and decided therefore to encourage
them in this regard.
32. The participating States express their concern at mass migratory
movements in the CSCE region, including millions of refugees and
displaced persons, due mainly to war, armed conflict, civil strife
and grave human rights violations. Taking into account the Rome
Council Decisions 1993, they decide to expand their cooperation with
appropriate international bodies in this respect.
They take note of efforts undertaken by UNHCR to prepare a regional
conference to address the problems of refugees, displaced persons,
other forms of involuntary displacement and returnees in the
countries of the CIS and other interested neighbouring States.
International humanitarian law
33. The participating States deeply deplore the series of flagrant
violations of international humanitarian law that occurred in the
CSCE region in recent years and reaffirm their commitment to respect
and ensure respect for general international humanitarian law and in
particular for their obligations under the relevant international
instruments, including the 1949 Geneva Conventions and their
additional protocols, to which they are a party.
34. They emphasize the potential significance of a declaration on
minimum humanitarian standards applicable in all situations and
declare their willingness to actively participate in its preparation
in the framework of the United Nations. They commit themselves to
ensure adequate information and training within their military
services with regard to the provisions of international humanitarian
law and consider that relevant information should be made available.
35. They highly value the developing co-operation between the CSCE
and the International Committee of the Red Cross (ICRC), in
particular in the case of CSCE missions, and welcome the readiness of
the ICRC to develop this co-operation and commit themselves to
further extend support to the ICRC, in particular by strengthening
contacts already established between CSCE missions and the ICRC's
delegations in the field.
Freedom of expression/Free media
36. The participating States reaffirm that freedom of expression is a
fundamental human right and a basic component of a democratic
society. In this respect, independent and pluralistic media are
essential to a free and open society and accountable systems of
government. They take as their guiding principle that they will
safeguard this right.
37. They condemn all attacks on and harassment of journalists and
will endeavour to hold those directly responsible for such attacks
and harassment accountable.
38. They further note that fomenting hatred and ethnic tension
through the media, especially by governments, can serve as an early
warning of conflict.
Freedom of movement/Human contacts/Cultural heritage
39. The participating States will further encourage and facilitate
human contacts, cultural and educational exchanges and cooperate in
accordance with CSCE provisions. They will continue to implement
their commitments in the cultural field, as laid down in the Document
of the Cracow Symposium on the Cultural Heritage of the CSCE
Participating States and other relevant CSCE documents. They will
encourage public and private efforts aimed at the preservation of the
cultural heritage in their States.
40. They will encourage administrative authorities dealing with
citizens of other States to fully implement the CSCE commitments
concerning travel and will refrain from degrading treatment and other
outrages against personal dignity. They will also consider the need
for elaborating a document compiling relevant CSCE provisions.
41. The Permanent Council will explore the possibility of holding
informal meetings on the issues mentioned in the two preceding
PROGRAMME OF CO-ORDINATED SUPPORT
42. The participating States, taking into account the progress
achieved through the implementation of the Programme of Co-ordinated
Support during the past two years under the coordination of the
ODIHR, have decided that this programme should continue. The ODIHR
and the Secretary General will continue to arrange meetings and
seminars on CSCErelated matters to enable interested States to
fulfil their CSCE commitments more easily. The participating States
will continue to include representatives of these States in
government-sponsored internships, study and training programmes so
that levels of experience, knowledge and expertise can be raised.
43. They agreed that the ability of the ODIHR to provide in-depth
expertise on human dimension issues under the Programme of
Co-ordinated Support should be further developed. In order to
respond to requests for advice by newly independent States concerned
on all aspects of democratization, they decided that using
experts-atlarge within the framework of the Programme of
Co-ordinated Support would be a useful enhancement of the ODIHR's