supreme value of the human personality and guaranteed by institutions providing a framework for its fullest expression.

They reaffirm that democracy is an inherent element of the rule of law. They recognize the importance of pluralism with regard to poiltical organizations.

They confirm that they will respect each other's right freely to choose and develop, in accordance with international human rights standards, their political, social, economic and cultural systems. In exercising this right, they will ensure that their laws, regulations, practices and policies conform with their obligations under international law and are brought into harmony with the provisions of the Declaration on Principles and other CSCE commitments.

They solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following:

-free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives;

-a form of government that is representative in character, in which the executive is accountable to the elected legislature or the electorate;

-the duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law;

-a clear separation between the State and political parties; in particular, political parties will not be merged with the State;

-the activity of the government and the administration as well as that of the judiciary will be exercised in accordance with the system established by law. Respect for that system must be ensured;

-military forces and the police will be under the control of, and accountable to, the civil authorities;

-human rights and fundamental freedoms will be guaranteed by law and in accordance with their obligations under international law;

-legislation, adopted at the end of a public procedure, and regulations will be published, that being the condition for their applicability. Those texts will be accessible to everyone;

(5.9)

(5.10)

(5.11)

(5.12)

(5.13)

(5.14)

(5.15)

(5.16)

(5.17)

(5.18)

(5.19)

(5.20)

-all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law will prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any grounds; —everyone will have an effective means of redress against administrative decisions, so as to guarantee respect for fundamental rights and ensure legal integrity;

-administrative decisions against a person must be fully justifiable and must as a rule indicate the usual remedies available;

-the independence of judges and the impartial operation of the public judicial service will be ensured;

-the independence of legal practitioners will be recognized and protected, in particular as regards conditions for recruitment and practice;

-the rules relating to criminal procedure will contain a clear definition of powers in relation to prosecution and the measures preceding and accompanying prosecution; -any person arrested or detained on a criminal charge will have the right, so that the lawfulness of his arrest or detention can be decided, to be brought promptly before a judge or other officer authorized by law to exercise this function;

-in the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone will be entitled to a fair and public hearing by a competent, indenpendent and impartial tribunal established by law;

-any person prosecuted will have the right to defend himself in person or through prompt legal assistance of his own choosing or, if he does not have sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

-no one will be charged with, tried for or convicted of any criminal offence unless the offence is provided for by a law which defines the elements of the offence with clarity and precision;

-everyone will be presumed innocent until proved guilty according to law;

-considering the important contribution of international

instruments in the field of human rights to the rule of law at a national level, the participating States reaffirm that they will consider acceding to the International

(5.21)

(6)

(7)

(7.1)

(7.2)

(7.3)

(7.4)

(7.5)

Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other relevant international instruments, if they have not yet done so;

-in order to supplement domestic remedies and better to ensure that the participating States respect the international obligations they have undertaken, the participating States will consider acceding to a regional or global international convention concerning the protection of human rights, such as the European Convention on Human Rights or the Optional Protocol to the International Covenant on Civil and Political Rights, which provide for procedures of individual recourse to international bodies.

The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the governing of their country, either directly or through representatives freely chosen by them through fair electoral processes. They recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organizations that engage in or refuse to renounce terrorism or violence aimed at the overthrow of that order or of that of another participating State.

To ensure that the will of the people serves as the basis of the authority of government, the participating States will -hold free elections at reasonable intervals, as established by law;

-permit all seats in at least one chamber of the national legislature to be freely contested in a popular vote; -guarantee universal and equal suffrage to adult citizens; ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public;

-respect the right of citizens to seek political or public office, individually or as representatives of political parties or organizations, without discrimination;

(7.6)

(7.7)

(7.8)

(7.9)

(8)

-respect the right of individuals and groups to establish,
in full freedom, their own political parties or other polit-
ical organizations and provide such political parties and
organizations with the necessary legal guarantees to en-
able them to compete with each other on a basis of
equal treatment before the law and by the authorities;
ensure that law and public policy work to permit politi-
cal campaigning to be conducted in a fair and free at-
mosphere in which neither administrative action, vio-
lence nor intimidation bars the parties and the can-
didates from freely presenting their views and qualifica-
tions, or prevents the voters from learning and discuss-
ing them or from casting their vote free of fear of
retribution;
-provide that no legal or administrative obstacle stands in
the way of unimpeded access to the media on a non-
discriminatory basis for all political groupings and indi-
viduals wishing to participate in the electoral process;
ensure that candidates who obtain the necessary number
of votes required by law are duly installed in offce and
are permitted to remain in office until their term expires
or is otherwise brought to an end in a manner that is
regulated by law in conformity with democratic par-
liamentary and constitutional procedures.

The participating States consider that the presence of observers, both foreign and domestic, can enhance the electoral process for States in which elections are taking place. They therefore invite observers from any other CSCE participating States and any appropriate private institutions and organizations who may wish to do so to observe the course of their national election proceedings, to the extent permitted by law. They will also endeavour to facilitate similar access for election proceedings held below the national level. Such observers will undertake not to interfere in the electoral proceedings.

(9)

(9.1)

II

The participating States reaffirm that

-everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of

(9.2)

(9.3)

(9.4)

(9.5)

(9.6)

(10)

this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards. In particular, no limitation will be imposed on access to, and use of, means of reproducing documents of any kind, while respecting, however, rights relating to intellectual property, including copyright; -everyone will have the right of peaceful assembly and demonstration. Any restrictions which may be placed on the exercise of these rights will be prescribed by law and consistent with international standards;

-the right of association will be guaranteed. The right to form and subject to the general right of a trade union to determine its own membership—freely to join a trade union will be guaranteed. These rights will exclude any prior control. Freedom of association for workers, including the freedom to strike, will be guaranteed, subject to limitations prescribed by law and consistent with international standards;

-everyone will have the right to freedom of thought, con

science and religion. This right includes freedom to change one's religion or belief and freedom to manifest one's religion or belief, either alone or in community with others, in public or in private, through worship, teaching, practice and observance. The exercise of these rights may be subject only to such restrictions as are prescribed by law and are consistent with international standards;

-they will respect the right of everyone to leave any country, including his own, and to return to his country, consistent with a States's international obligations and CSCE commitments. Restrictions on this right will have the character of very rare exceptions, will be considered necessary only if they respond to a specific public need, pursue a legitimate aim and are proportionate to that aim, and will not be abused or applied in an arbitrary

manner;

-everyone has the right peacefully to enjoy his property either on his own or in common with others. No one may be deprived of his property except in the public interest and subject to the conditions provided for by law and consistent with international commitments and obligations.

In reaffirming their commitment to ensure effectively the rights of the individual to know and act upon human rights