MINUTES OF THE 2005 GENERAL ASSEMBLY

OF THE

INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS (IHF)

 

 

Time:                      18-20 November 2005

Venue:                    Hotel Astoria, Kossuth Lajos u. 19-21, 1053 Budapest, Hungary

Present:      See final list of participants (Appendix 1)

Chairs:                    Stein-Ivar Aarsaether, Krassimir Kanev, Ferenc Köszeg, Aaron Rhodes

Minutes:      Paula Tscherne-Lempiäinen

 

 

FRIDAY, 18 November 2005

 

1.  Welcoming Remarks:

 

Chair: Aaron Rhodes (IHF Executive Director)

 

Aaron Rhodes opened the IHF General Assembly (GA) and asked for possible comments on the agenda of the meeting. He pointed to the main issues to be discussed: the IHF Strategic Plan and the Plan of Action 2006-2007 (also available in Russian) and referred also to the need to appoint an Election Commission for the 2006 GA. He also asked the participants to consider which issues should be taken up in the statement to be issued at the end of the GA. 

 

A moment of silence was held to memorialise the untimely death of Yuri Murashev (Ukraine).

 

 

2.  Helsinki Committee (HC) Reports, Programs and Strategies:

 

From Friday through Saturday morning, presentations were made on the main human rights problems in the OSCE region. For details of the presentations and discussions thereof, please see Appendix 2. The following summarizes only the proposals for activities, focus, and cooperation that were made during the sessions:

 

Central Asia and the Caucasus:

The IHF should pay more attention to: 

§         migration and asylum seekers (Ferenc Köszeg);

§         the death penalty and the juvenile criminal system in the US (Bjorn Engesland, Tin Gazivoda);

§         anti-terrorism measures (Tin Gazivoda, Robert Hardh);

§         Azerbaijan (should be added as a priority to the Plan of Action (Krassimir Kanev, Bjorn Engesland) and Georgia should receive more attention (Bjorn Engesland) (seconded by Gazmend Pula);

§         supporting human rights defenders in Central Asia (Aaron Rhodes).

 

The IHF should also:

§         Introduce new methods and strategies to influence Turkmenistan (Farid Tukhbatullin);

§         Make an effort to find out the real number of people killed in Andijan, Uzbekistan (Krassimir Kanev);

§         Consider possible action to require preconditions for Kazakh Chairmanship in the OSCE (Yevgeniy Zhovtis).

 

Russia and Eastern Europe:

       The IHF should:          

§         Set up a fund for human rights defenders (Dzmitry Markusheuski);

§         Demand the EU to change its regulations for EU-sponsored projects so as not to require registration with authorities, and urge for the extension of the mandate the UN Rapporteur on Belarus (Dzmitry Markusheuski); 

§         Take up the almost complete lack of anti-discrimination laws in central Asia and the Caucasus;

§         Pay more attention on Moldova because it will soon be a EU neighbour, because the Transnistrian conflict endangers developments also in the neighboring countries, and because of the abuses committed by soldiers who are stationed in Transnistria (Stefan Uritu);

§         React to draft legislation pending in Russia, which, if passed, may seriously endanger civil society activities (Anastasia Asejeva);

§         Form working groups on Chechnya, Central Asia and Belarus (Bjorn Engesland).

 

Southern Europe:

The IHF should pay more attention to:

§         Serbia, Montenegro and Kosovo (more than anticipated in the Plan of Action). Kosovo needs special support (Bjorn Engesland).

 

Central Europe:

§         The Hungarian HC would like to exchange information on citizenship issues with other HCs working in this field (Ferenc Köszeg).

§         Central European HCs should launch joint activities on trafficking (Stefan Uritu).

§         HCs should widen their perspectives, deal more with ESC rights and submit shadow reports to UN treaty bodies and other IGOs (Andrzej Rzeplinski).

 

Proposed cooperation:

§         The IHF and the Bulgarian HC should issue a joint statement on freedom of expression in Bulgaria (Krassimir Kanev).

§         The Albanian HC would appreciate cooperation with Western HCs on problems in Albania and the monitoring of the 2006 elections (Vasilika Hysi).

§         The Swedish HC offered cooperation to the Norwegian HC in activities in Kosovo (Robert Hardh);

§         The Danish and Swedish HCs on a mechanism to provide (trial) monitoring and possibly give legal assistance to human rights defenders under threat.

 

 

 

SATURDAY, 19 November 2005

 

[Helsinki Committee Reports, Programs and Strategies, continued until noon (see Appendix 2)]

 

 

3.  Presentation and Discussion of the IHF Strategic Plan 2006-2007 

 

Chair: Krassimir Kanev (IHF Executive Committee, ExCo, Bulgaria)

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Krassimir Kanev informed the GA that the Strategic Plan now due to be discussed had been planned by the ExCo for several years and funding for it was received from OSI a year ago. The ExCo would like to see commitment by HCs to this plan. It was prepared by the staff, with the ExCo having a role in developing, discussing and approving it. The Strategic Plan outlines the proposed general goals in the next two years. The GA needs to take a decision on the recommendations in the Plan, which are outlined at the end of the six sections of the Plan.

 

Stein-Ivar Aarsaether (IHF Treasurer, Norway) provided for the background that led to the preparation of the Plan, pointing, for example, to the significant changes that the IHF has gone through since the fall of the Iron Curtain, rapid shifting of changes in the media field, and shift of importance from the OSCE to the EU as a motor behind important developments in the human rights field. It is necessary to accommodate the IHF to these changes by, among other things, making effective use of our unique network and expertise and by improving cooperation between the IHF and HCs as well as among HCs. Also, it would be important that some HCs take lead of carrying out some IHF activities.

 

Aarsaether indicated that finding funding for a central organization such as the IHF Secretariat has become increasingly difficult, and that the voluntary cuts in salaries and unpaid leaves taken by the staff are not a permanent solution. The IHF must focus on issues to which it can contribute best and keep in mind that we cannot do everything that we would like to do. Also, we need to show to our funders that we are effective. Specific goals need to be set and met. In addition, we must make better use our information in order to have stronger impact on developments. At the same time, we need to pay more attention to weak HCs.

 

As a personal comment he added that making this organization more ready for changes is a long process. It is also important to consider how the limited capacities in the Secretariat can be best used to implement the necessary changes.

 

Discussion:

 

Generally, appreciation was expressed for the preparation of the Strategic Plan and the Plan of Action as an important step in the right direction.

 

a) Robert Hardh (Sweden): It is necessary to clarify the responsibilities and roles of the ExCo (too few ExCo meetings, what expertise is needed, etc.) and the HCs: each HC should submit a report on what it has done to contribute to IHF work (activities, the Annual Report), etc.

 

b) Ilze Brands Kehris (Latvia): The Strategic Plan should be better linked to the Plan of Action. The IHF’s “added value” is to deal with the whole OSCE region; Western countries must be included in the Plan of Action. Weak members in the West need more attention.

 

c) Nina Suomalainen (Finland): The IHF has to select the countries it has resources to work on so as to do effective advocacy and make itself better seen and heard. It is important to invest resource to specific advocacy deadlines (e.g. high-level meetings between EU/Russia). Working groups on specific issues is a good idea.

 

d) Aaron Rhodes: What is listed in the Plan of Action is not everything that happens in the IHF: the Plan only lists the crucial issues and does not limit HC activities. A precise calendar of activities will be prepared according to the approved Plan of Activities.

 

e) Tin Gazivoda (Croatia): A key issue in making the IHF stronger is the ability to react quickly to current issues. Also, the ExCo’s role needs to be clarified especially with the view of making it more active; it is necessary to better monitor whether HCs fulfil their obligations. Anti-terrorism measures should be a priority issue; a clear distinction must be made between human rights defenders who are really under physical threat and others – IHF focus should be in Central Asia; and more attention should be paid to core social and economic rights.

 

f) Andrzej Rzeplinski (Poland):  The IHF must be more active in cooperating with non-members in the countries where its own members are weak (e.g. France) or no members exist (e.g. Turkey). Links should be established to MAGHREB countries; HCs should submit shadow reports to UN bodies (assisted by the Secretariat that should keep track of the agenda of the appropriate UN bodies).

 

g) Ole Espersen (Denmark) on p. 4 of the Strategic Plan (threats to human rights activists): The IHF should establish an alert system to provide for monitors (and possible legal assistance) to human rights defenders under threat. The IHF should react to the FATF proposals that provide for serious restrictions on freedom of association by making it easy for authorities to close down and NGO.

 

h) Jos Kösters (NL):  The Plans need more geographical balance: more attention must be paid to the countries west of Vienna, In addition, it should be considered how the IHF could also operate as a kind of clearing house; the IHF should cooperate with as many non-members as possible and not restrict to its own member NGOs; members should report briefly at each General Assembly what they have done during the past year.

 

i) Dimitrina Petrova (European Roma Rights Center), on the last point of assumptions (funding) and respective part of Plan of Action: There is something fundamentally wrong in funding by many bodies, including lack of accountability, non-transparency, arbitrary decision-making, and incompetence. Therefore, it is not enough to say that a fundraiser will be hired; someone needs to start to mobilize funders in long-term, jointly with similar regional NGOs as the IHF.

 

j) Antonio Stango (Italy): “Dormant HCs” need IHF support but the IHF should also increasingly cooperate with as many other NGOs as possible. Cooperation with the Mediterranean HR Network should be increased.

 

k) Ferenc Köszeg (IHF ExCo, Hungary): Refugee and migration issues should be added to the Plan of Action.

 

Decision: The decision on the Strategic Plan was postponed to the afternoon.

 

 

4.   Presentation of the 2005 IHF Recognition Reward

 

Aaron Rhodes introduced Yevgeniy A. Zhovtis, head of the Kazakhstan International Bureau for Human Rights and Rule of Law and recipient of the “2005 IHF Recognition Award.” Mr. Zhovtis thanked the IHF and noted that he is receiving the award aware of the fact that while he and his organization has faced many difficulties, many other human rights defenders are in a much worse situation.

 

 

5.   Strategic Plan  (continued)

 

Chair: Krassimir Kanev

 

The Strategic Plan submitted to the GA by the IHF ExCo was put to the vote:

 

Decision: The GA adopted unanimously the Strategic Plan, with the following additions:

 

a)      Section 2 (“We must focus on what we do better than others”), p. 4: to the effect of emphasizing that the IHF will work in the entire OSCE area.

b)      Section 2, p. 5, following the first bullet point: to the effect that preference will be given to areas of activities where a significant number of member committees are involved.

c)      Section 2, p. 5, after the bullet points: to the effect that it is the duty of the ExCo to present to the GA how the undertaken activities correspond to the IHF Strategic Plan and Plan of Action.   

d)      Section 4 (“We need a strong membership”), p. 6., before the Recommended Decision: to the effect of emphasizing the responsibility and accountability of National Helsinki Committees to actively contribute to the work of the IHF. The same principle will be emphasized in the Decision.

 

The GA further decided that the other proposals raised during the discussion will be addressed under the agenda item 6  - Plan of Action.

 

The approved Strategic Plan is attached: Appendix 3.

 


 

6.   Plan of Action

 

Chair: Krassimir Kanev

 

Brigitte Dufour (IHF Deputy Executive Director) presented the Plan of Action (Appendix 4), submitted to the GA by the IHF ExCo. She emphasized that the adopted Plan should be realistic and possible to implement. The main idea of the Plan is to make the IHF more integrated as a federation. We need to know in which areas our members are working, to create ad hoc groups working on special areas and to have more cooperation.

 

In addition, the Plan proposes that IHF staff members be appointed as a contact persons for specific countries, which should guarantee regular contacts and better planning.

 

It was decided to go over the Plan and discuss it in parts.

 

Parts 1-4, including Concept for the Plan, Planning Process, IHF Secretariat “Core Work” and Flexible Planning, and Human Rights Priorities:

 

Special attention was paid to Country and Regional Priorities:  Russia, with emphasis on Chechnya; Central Asia; the Caucasus, with emphasis on Armenia; and Belarus.

 

As for funding, Brigitte Dufour informed the GA that some new funds have been secured on Russia (Chechnya) and the project on the death penalty in Central Asia has been approved, however, funding for a wider range of activities in Central Asia remains open. The funding application for the Belarusian project has been approved, but the EU requires its registration in Belarus, which is impossible. The IHF is in touch with the EU about this issue.

 

Discussion:

 

a) Robert Hardh, on the organizational part (1-3.): The responsibilities and the role of the ExCo must be clarified. With reference to accountability of membership (2. para 2), the ExCo (not the GA) should play a central role. As for participation by HCs in the GA, reference should be made to possible financial assistance available to members. In addition, the Plan of Action should refer to the problem that no active member committees exist in some major Western countries.

 

b) Yevgeniy Zhovtis urged that Kazakhstan be included in the priority countries. One specific issue should be the possible 2008 OSCE chairmanship of Kazakhstan: it is necessary to precondition its chairmanship with an improved human rights record. This needs coordinated lobbying in the OSCE member states. Another important issue is promoting non-discrimination.

 

The GA approved the Chairman’s suggestion that all proposals that are not objected be include in the Plan of Action.

 

c) Vyacheslav Mamedov (Turkmenistan): Support to individuals civil society leaders in Turkmenistan should be added to the list of priorities.

 

d) Jos Kösters agreed with the country priorities proposed in the Strategic Plan and asked which HCs would be interested in working on Belarus. Norway, Sweden, Finland, Romania, and Russia expressed interest.

 

e) Bjorn Engesland proposed that a sentence be added to 4.1.1., International Advocacy, p. 4, that the IHF will explore opportunities for joint advocacy action with the Chechen Justice Initiative, especially with regard to implementation of the European Court of Human Rights decisions on Chechnya.

 

f) Dimitrina Petrova: Concrete activities on Russia and Belarus are missing. With regard to human rights defenders, it is necessary to cooperate with NGOs that have experience in this field (e.g. Frontline, Observatory, the UN Rapporteur on Human Rights Defenders).

 

 

Section 4.2., Other Countries and Regions of Special Concern:

 

Brigitte Dufour presented the section and noted that, on the basis of the previous day’s discussion, section 4.2.1, should now read only “the Caucasus,” without Armenia as focus.

 

Discussion:

 

a) Bjorn Engesland: The Norwegian government and the HC can help support the development of civil society in this region, including work on children, youth, etc. The Norwegian HC has been asked to make a survey on NGOs in the Czech Republic. Local NGOs can apply for grants.

 

b) Robert Hard: More emphasis should be given to Russia in general, or at least Northern Caucasus as a whole, instead of only Chechnya. In addition, the Plan should indicate which HCs are already involved in joint activities in different countries and on specific themes. The present indication to HCs involved does not reflect the full HC activity in the mentioned countries. Further, Azerbaijan should be mentioned by name in

4.2.1., and under 4.2.3., (Serbia and Kosovo, Objectives and Activities) para 1, no human rights defender should be mentioned by name.

 

c) Gazmend Pula (Kosovo): Montenegro, Macedonia and Albania should be added to the list of regions of special concern.

 

d) Albert van Hal (Interchurch Peace Council): Freedom of religion in the Balkans is an important issue and activities to promote it should be carried out Balkan-wide.

 

e) Diana-Olivia Calinescu (Romania): The Romanian HC has been working to promote anti-discrimination and freedom of religion, and taken cases to the ECtHR. It is willing to participate in activities in the region of special concern, especially in Moldova.

 

g) Slavija Stanojlovic (Serbia) clarified the text on p. 17 on the role of the Serbian Orthodox Church: its inadequate involvement in politics and other affairs is not only a Serbian problem but has already spilled over to Macedonia, Montenegro and Kosovo.

 

h) Jos Kösters: Two issues have not been mention in the Plan of Action: North America and Northern Africa. The NHC would like to extend IHF activities beyond the OSCE region. The IHF would not need to raise money for these activities or be heavily involved, but only support them.

 

i) Vasilika Hysi (Albania) proposed that the IHF include all activities by all HCs in the Plan. The Albanian HC will cooperate with the Kosovo Helsinki Monitor in the future.

 

j) Ferenc Koszeg noted that the Hungarian HC should work closely with the Serbian HC on hate speech.

 

 

4.3. Ongoing and Possible Thematic Projects:

 

Aaron Rhodes presented the section and pointed to an ongoing project on places of detention and other closed institutions (led by the Bulgarian HC); possible continuation of a project on human rights and anti-terrorism (with focus on the undermining the prohibition against torture); probably a small project on the UN reform; and a proposal to carry out yearly thematic campaigns. He also encouraged members to work more with UN bodies, prepare shadow reports, and engage in a diversity of advocacy activities. Maria Luisa Bascur, working at the IHF Secretariat, will lend her assistance and expertise on this. Rhodes also said that the IHF is in the process of shifting more emphasis to EU, establishing presence in Brussels and developing a program. The IHF will also take initiatives to involve younger people in the Helsinki movement.

 

The IHF Annual Report will be continued unless it is decided that this kind of allocation of financial and human resources is not appropriate. Better cooperation by HCs is necessary to continue its publication: for the 2005 report, 25% of the country chapters were written by the Secretariat staff. There is need to come out with more and more timely reports, which would also reflect the shift in advocacy (toward EU, UN). More initiative is needed from HCs to take prompt action in issuing press releases and statements. The Secretariat will also start publishing a newsletter “IHF Now,” which will be posted on the IHF website and will include all main activities carried out by HCs. Efforts will be taken to exploit the Internet better.

 

As for fundraising, the IHF is painfully aware that improvements need to be done to increase fundraising capacity.

 

Discussion:

 

a) Robert Hardh: It is very important to do something in the field of anti-terrorism (p. 19). The Swedish HC might be able to contribute to this. Also, the IHF should react to the Financial Action Task Force (FATF) recommendations under work dealing with the use of NGO funds to finance terrorist organizations). There will be a meeting on this in February 2006. Further, the IHF should not expand its activities to ESC rights but keep focusing on civil and political rights. Roma and sexual minorities should be included in the Plan of Action as priorities - the Swedish HC might be able to contribute to this, too.

 

b) Ferenc Köszeg proposed that refugee and other foreigners’ issues as well as xenophobia be added to the Plan of Action as priorities.

 

c) Diana-Olivia Calinescu indicated interest by the Romanian HC to join the project on places of detention, should it be continued. Further, the protection of private life would be another crucial area within anti-terrorism measures. The approach to anti-terrorism should be more comprehensive.

 

d) Stein-Ivar Aarsaether: We must keep in mind that the Plan of Action must be realistic: we must prioritise and fulfil the tasks we mention in it. He suggested that the ExCo be mandated to decide on priorities. This proposal was seconded by Jos Kösters.

 

e) Nina Suomalainen: The IHF should not expand its activities outside the OSCE except in exceptional cases: the 55 countries are enough. Also, we should concentrate on civil and political rights to be able to work effectively. She supported the issue of human rights defenders and association as a yearly campaign.

 

f) Dimitrina Petrova: The structure of the Plan of Action is not good. It only lists geographical regions as priorities, no topics – the topics are reduced to “projects” whereas they, too, should be overarching priorities. Also, there are many typos in the text.

 

g) Stefan Uritu (Moldova): Human rights defenders, Transnistria and maybe Abkhazia should be added to the Plan of Action.

 

h) Tin Gazivoda expressed his opposition against geographic yearly campaigns. The theme of such campaigns must be of common interest to all, for example, anti-terrorism. In addition, the IHF should also deal with US problems in Guantanamo (access to detainees). As for statements, the IHF must react quicker than it is now doing. ESC rights should be retained in the Plan of Action. A fundraiser needs to be hired and he/she must develop a strategic plan so as to be able to look for money in the right places.

 

i) Bjorn Engesland expressed his concern at the number of new issues added to the Plan of Action. The plan is not a wish list of the staff and the ExCo. It must be followed throughout the year. Therefore, we must exercise discipline when discussing our priorities. Further, the Yearly Campaign should be linked to priority areas: e.g., anti-terrorism in a specific regional area.

 

j) Antonio Stango noted that it would be better to start from thematic areas and then go to geographic.

 

The yearly campaign 2006 was put on the vote: should the campaign be OSCE-wide or geographically limited to the priority countries?

 

In favor of an OSCE-wide campaign:           16

In favor of a regional campaign:       5

 

Decision: The GA decided that the Yearly Campaign in 2006 will cover the whole OSCE region.

 

The Chairman asked for possible additional suggestions to the two topics for the Yearly Campaign 2006, proposed by the ExCo, which are: 1) anti-terrorism, with focus on torture,  or 2) human rights defenders and freedom of association.

 

Frenec Köszeg proposed the issue of protection of refugees and asylum seekers.

 

The Chairman asked if the GA wished to postpone the vote to Sunday. The overwhelming majority was against postponement.

 

The GA proceeded to vote on the topic of the Yearly Campaign 2006: one topic or several topics?

Total number of eligible votes:          21

In favor of one topic:                       13

 

Vote on topics:

Total number of eligible votes:                                                          21

In favor of human rights defenders and freedom of association:          8

In favor of anti-terrorism measures, focus on torture:                         11

In favor of refugees and asylum seekers:                              2

 

Decision: The GA decided that the 2006 Yearly Campaign of the IHF will be anti-terrorism measures, with focus on undermining of the absolute prohibition of torture.

 

Marija-Nijole Staciokiene (Lithuanian Human Rights League) wanted to inform the GA about the membership situation in Lithuania. The IHF member NGO in Lithuania, the Lithuanian Human Rights Association, split into two groups about a year ago. Most members went into the newly established Lithuanian League of Human Rights, led by Marija Nijole Staciokiene. She informed the IHF about the situation in January 2005, and expressed the League’s interest to take over the membership, including all responsibilities linked to it.

 

Krassimir Kanev noted that the Human Rights Association is still formally IHF member and has not yet replied to IHF inquiries about its plans. The IHF must follow its Statutes in this respect.

 

 

SUNDAY, 20 December 2005

 

7.   Roma Rights Roundtable, hosted by the European Roma Rights Centre (ERRC)

 

Moderator: Dimitrina Petrova

 

The ERRC briefed the HCs on its priorities in Roma rights defence in the next years, including development of anti-discrimination legislation; securing justice in cases of extreme right abuses; and Romani women’s rights. This means shifting priorities from general cases of abuses to more specialized fields since there are already many NGOs working on general Roma rights issues.

 

The main challenges are insufficient political will to protect Roma rights; lacking or inadequate consultation process; technical and legal problems concerning the consistency of the national legal systems; and problems arising from novelty of legal concepts and approaches. The central areas of thematic development include schooling, housing, employment, health care, social assistance, and environmental racism. The ERRC’s geographic priority areas are Belarus, Turkey, Eastern Europe, the Caucasus, and, possibly, Central Asia.

 

Litigation in domestic court, ECtHR and UN:

§         The ERRC is currently working on cases in 15 countries, with most cases in Bulgaria.

§         Half of the cases involve access to services and rights.

§         An important part of ERRC operation is setting new standards in international bodies, and it has reached groundbreaking results in national courts (particularly regarding access to public places, forced sterilization of Romani women). 

§         ECtHR ruled against Romania for a 1993 pogrom of Roma and ordered the payment of a total of 500,000 Euros for damages.

 

Roma, Askali, and Egyptians (RAE) in Kosovo:

§         The pre-war minority community included eight minority groups, the number of RAE was 120,000-150,000. Now their number is at 10,000-12,000.

§         There are several RAE IDP camps in Kosovo, in which conditions are mostly extremely poor and even life-threatening: three of the camps are dangerous to Roma (according to WHO), but Roma are still staying there due to lack of other proper accommodation.

§         There are still RAE refugees in EU countries and Macedonia, while deportations to Kosovo have taken place without securing housing and without security guarantees.

§         REA are not included in the Kosovo status negotiations.

 

The Russian Federation:

      The main problems include:

§         Racially motivated violence and abuse by law enforcement officials (racial profiling, violence, stereotyping, fabrication of charges, extortion of money, etc).

§         Discrimination against Roma in the criminal justice system (racial bias, use of inconclusive evidence against them, no complaints file by Roma investigated),

§         Violations by non-state actors (no reaction by the police), hate speech (officials, media), access to personal documents (birth certificates, IDs, etc.), access to social and economic rights. 

§         Violations of women’s rights.

§         Problems linked to anti-terrorism, incl. discriminatory ID checks as Roma are often perceived as Arabs or Caucasians.

§         A Roma women’s rights group was set up in 2003, led by Yelena Nikolajevna Konstantinova. It deals with issues such as the imprisonment of Roma women for petty crimes, and insufficient or unreliable legal counsel to them. The group’s aim is to establish a country-wide network of Roma women’s rights organizations.

 

Segregation in Education and Employment:

§         Segregated education is still practiced, for example, in Slovenia, France, Croatia, and Latvia.

§         In Bulgaria, the Sofia District Court ruled against segregation and unequal treatment.

§         Many cases regarding the exclusion of Roma from labor market are pending in national courts in Bulgaria and Hungary.

§         An IHF/ERRC project is ongoing to promote non-discrimination in employment and education.

 

Discussion:

 

Yuri Orlov (IHF Honorary Chairman) noted that involving students of law schools might be a good way to provide legal aid to Roma.

 

Ludmilla Alexeyeva (Russia) added that Roma young people should also be helped to study in law schools.

 

Stefan Uritu: In Moldova, Roma education is of very poor standard and physical conditions in schools are extremely poor. He also expressed doubt if it is good to organize Roma-only vacation trips, courses etc.– does this not add to segregation?

 

Marija Nijole Staciokiene said it would be necessary to spread more information about Roma rights among the majority population and to inform Roma about available opportunities.

 

Tin Gazivoda added that the expected ECtHR ruling on the case of segregated education in Medimurje county, Croatia, has triggered a national program focusing on the education issue and authorities at least give promises for improvements.

 

Yevgeniy Zhovtis noted that in Kazakhstan, the first problem for migrants is the inability to obtain any legal status. Further, there is a lack of anti-discrimination law and international instruments such as the European standards are. How can these issues be addressed effectively?

 

Ilze Brands-Kehris: A LCHRES study on Roma some years ago was not well received by authorities. However, there has been some opening and good will in the area of education, while special classes/education for Roma continue. It is important to bring credible arguments against that practice.

 

Gazmend Pula noted that legislation on positive discrimination for Roma would be useful in Kosovo.

 

 

8.   Plan of Action (continued from Sunday afternoon)

 

Chair: Ferenc Köszeg

 

The Chairman noted that the GA did not have a necessary quorum for transaction of business: only 11 members with the right to vote were present. The statutes require two thirds of IHF members. Stein-Ivar Aaraether noted that the statutes have been interpreted to mean that one third of the participants on the list of the GA must be present for a quorum, not one third of all members of the Federation. Jos Kösters and Robert Hard criticized this interpretation as the Statutes only refer to “members.”

 

While the GA waited for more participants to arrive, it discussed the status and procedure of the Plan of Action. Stein-Ivar Aarsaether proposed that the ExCo be given a mandate to finalize the Plan. Robert Hard criticized this procedure since the GA is supposed to make decisions on future activities. Sending the document back to the ExCo without a decision would be a practical solution but the procedure is not satisfactory.

 

Krassimir Kanev proposed that the GA add to the Plan of Activity the proposals made on Saturday. Tin Gazivoda replied that the procedure needs major improvements. If all that was proposed would be added to the Plan, it would grow too large and unrealistic to implement. Under these circumstances, he expressed his approval that the ExCo make the final accommodation of the Plan to ensure that it can be presented to HCs. Ilze Brands-Kehris agreed that the procedure of transaction of business must be improved as the yearly GA is the only occasion for the HCs to discuss and make important decisions. 

 

During the discussion, the number of members with voting right had increased to 13, which

constituted a quorum.

 

Stein-Ivar Aarsaether proposed that the Plan of Action be referred to the ExCo to be finalized.

 

Decision: The GA unanimously decided to refer the Plan of Action to the IHF ExCo to be finalized.

 

 

9.   Amendment to the IHF Statutes 

 

Stein-Ivar Aarsaether proposed on behalf of the ExCo that Article 2 (Purposes) of the IHF Statutes be amended as proposed in Appendix 5 with the purpose of accommodating them to the adopted Strategic Plan.

 

Vote:

Total number of eligible votes:                      15

In favor of the proposed amendment:            13

Opposed:                                        0

Abstentions:                                    2

 

 

10. Annual Membership Fee

 

Stein-Ivar Aarsaether proposed on behalf of the ExCo that the annual membership fee be set at 1,000 Euros for 2006.

 

Ferenc Köszeg added that the ExCo can permit a HC to pay less than that sum.

 

As no other proposals were brought forward, a vote was taken on the proposed membership fee.

 

Vote:

Total number of eligible votes:          15

In favor of the proposal:                   13

Opposed:                            0

Abstentions:                                    2

 

Decision: The GA decided that the 2006 annual fee will be 1,000 Euros.

 

 

11. Financial Results of 2004

 

Stein-Ivar Aarsaether presented the Financial Report 2004 (Appendix 6).

 

Jos Kösters requested that next year the Treasurer report in more detail on how the results were reached. This should be done in writing in advance of the meeting. Stein-Ivar Aarasether replied that usually the Executive Director explains how the results were reached, but the system can be changed for next year.

 

Aarsaether read his statement to the GA (Appendix 7) and proposed that the GA approve the Financial Report for 2004 and release the members of the ExCo and other officers and employees of the IHF from any and all liability upon the financial transactions of the IHF during the calendar year 2004.

 

Vote:

Total number eligible votes: 15

In favor:                              14

Opposed:                            0

Abstentions:                                    1

 

Decision: The GA approved the Financial Report for 2004 and released the members of the ExCo and other officers and employees of the IHF from any and all liability upon the financial transactions of the IHF during the calendar year 2004.

 

Ilze Brands-Kehris criticized the restricted dealing with the Financial Report.

 

Aaron Rhodes explained that the staff had decided to take salary cuts and unpaid leaves, but the budget for 2006 is balanced. A larger proportion is available as operating funds, which makes it possible to implement the Strategic Plan and the Plan of Action with more flexibility. It will also be possible to have a surplus next year. He thanked the HCs that assisted in finding funding: the German, Swiss, and the Netherlands HCs. Rhodes also thanked the Norwegian HC for their help a few years ago in sharing their accounting format, which has proved useful.

 

 

12. Appointment of the Election Committee for the GA 2006 Elections

 

Stein-Ivar Aarsaether asked for nominations for the Election Committee for the GA 2006. It was decided to elect four members:

 

The following persons were nominated: Robert Hardh (Sweden), Andrzej Rzeplinski (Poland), Jos Köster (NL), Antonio Stango (Italy), Tin Gazivoda (Croatia).

 

Jos Kösters refused the nomination.

 

Decision: Robert Hardh, Andrzej Rzeplinski, Antonio Stango and Tin Gazivoda were unanimously elected as members of the Election Committee for the GA 2006 elections.

 

 

13. Discussion on Territorial Issues in IHF Work

 

The question on whether or not the IHF should take stand on territorial, boundary and status issues in specific countries/regions was raised during the Saturday discussions on the Plan of Action.

 

Tin Gazivoda noted that there may be situations in which status and human rights standards should be considered simultaneously, but it should be clear that HC efforts in the field of status, i.e., territorial/independence issues, should never take precedence over efforts aimed at assuring human rights issues. Status should not be treated at the expense of human rights standards.

 

Gazmend Pula expressed his agreement with Gazivoda in general terms but noted that territorial issues and human rights are often intertwined. It is necessary to take more time to discuss this issue.

 

 

14.             Presentation by Miklos Haraszti,

             OSCE Representative on Freedom of the Media, on Current Issues:  

 

Miklos Haraszti noted that the Helsinki process is ongoing in 55 nominally democratic states, but the situation in the media field resembles Hungary 20 years ago: everything is relative. The OSCE is the only IGO to deal with media issues, usually this belongs to NGO tasks.

 

One out of ten OSCE chapters allows criticism on the media, including nationalist incitement without appropriate government reaction. The core of the mandate is to monitor violations of media freedoms and legislation related to it. Haraszti took up, among other, the following issues:

 

§         Transition countries: ownership of print press, discrimination against the independent media.

§         Signs of increasingly restricted control over the use of Internet in Central Asia (e.g. Kazakhstan).

§         The Patriot Act in the US and far more restrictive regulations in the EU (e.g. data retention).

§         How the OSCE receives its information: OSCE field missions with media specialists, NGOs, diplomats.

 

The following discussion touched, among others, on the following issues: arrest of David Irving in Austria for denying the Holocaust; the mandate of the Media Representative; the situation n Belarus where no independent newspapers are no longer printed; the difficulties in dealing with hate speech; access to and classification of information; available instruments to the Media Representative and the security of his function; possible preconditions for Kazakhstan’s up-coming chairmanship; and dealing with cases when journalists reveal state secrecies.

 

The GA was adjourned at 2 p.m.

 

Appendices:

1.      List of Participants

2.      Helsinki Committee Report, Strategies and Activities: discussion

3.      IHF Strategic Plan 2006-2007, as adopted by the GA

4.      IHF Plan of Action 2006-2007, as submitted by the ExCo

5.      Amendments to the Statutes

6.      Financial Report 2004

7.      Financial Statement