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0.4.3.2. Document of the Moscow meeting of the Conference of the Human Dimension, 4 October 1991 The representatives of the participating States of the Conference on
Security and Co-operation in Europe (CSCE), Albania, Austria, Belgium,
Bulgaria, Canada, Cyprus, the Czech and Slovak Federal Republic, Denmark,
Estonia, Finland, France, Germany, Greece, the Holy See, Hungary, Iceland,
Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Monaco,
the Netherlands-European Community, Norway, Poland, Portugal, Romania,
San Marino, Spain, Sweden, Switzerland, Turkey, the USSR, the United Kingdom,
the United States of America and Yugoslavia, met in Moscow from 10 September
to 4 October 1991, in accordance with the provisions relating to the Conference
on the Human Dimension of the CSCE contained in the Concluding Document
of the Vienna Follow-up Meeting of the CSCE. In this context, the participating States underlinedthat, in accordance
with the Final Acto fo the Conference on Security and Co-operation in
Europe and the Charter of Paris for a New Europe, the equal rights of
peoples and their right to self-determination are to be respected in conformity
with the Charter of the United Nations and the relevant norms of international
law, including those relationg to territorial integrity of States. The participating States express their collective determination to further safeguard human rights and fundamental freeedoms and to consolidate democratic advances in their territories. They also recognize a compelling need to increase the CSCEs effectiveness in addressing human rights concerns that arise in their territories at this time of profound change in Europe. In order to stregthen and expand the human dimension mechanism described
in the section on the human dimension of the CSCE in the Conluding Document
of the Vienna Meeting and to build upon deepen the commitments set foth
in the Document of the Copenhagen Meeting of the Conference on the Human
Dimension of the CSCE, the participating States adopt the following: II. (23.1.) The participating States will ensure that: ii. anyone who is arrested will be informed promptly in a language which
he understands of the reason for his arrest, and will be informed of any
charges against him; (28.7) The participating States will endeavour to refrain from making
derogations from those obligations from which, according to international
conventions to which they are parties, derogation is possible under a
state of public emergency. Measures derogating from such obligations must
be taken in strict conformitywith the procedural requirements laid down
in those instruments. such measures will neither go further nor remain
in force longer than strictly required by the exigencies of the situation;
they are by nature exceptional and should be interpreted and applied with
restraint. such measures will not dicriminate solely on the grounds of
race, colour, sex, language, religion, social origin or of belonging to
a minority. III. (32) The participating States reaffirm their enduring commitment to the
principles and provisions of the Final Act, the Vienna Concluding Document,
and other relevant CSCE documents in which they undertook, inter alia,
to respect human rights and fundamental freedoms and to ensure that
theuy are guaranteed for all without distinction of any kind. (37) The particpating States confirm the provisions and commitments of all CSCE documents, in particular the Document of the Copenhagen Meeting of the Conference on Human Dimension of the CSCE, concerning questions relating to national minorities and the rights of persons belonging tol them, and the Report of the Geneva CSCE Meeting of Experts on National MInorities, and call for their full and early implementation. They believe that, in particular, the use of the new and expanded CSCE mechanisms and procedures will contribute to further protection and promotion of the rights of persons belonging to national minorities. (38) The participating States recognize the need to ensure that the rights of migrant workers and their families lawfully residing in the participating States are respected and unierline their right 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 are consistent with international standards. (38.1) They condemn all acts of discrimination on the ground of race, colour and ethnic origin, intolerance and xenophobia agaisnt migrant workers. They will, in conformity with domestic law and international obligatons, take effective measures to promote tolerance, understanding, equality of opportunity and respect for the fundamental human rights of migrant workers and adopt, if they have already done so, measures that would prohibit acts that constitute incitement to violence based on national, racial, ethnic or religious discrimination, hostility or hatred. |