Slide 1 : The OSCE High Commissioner on National Minorities”Integration with respect for diversity”
The CSCE/OSCE: a historical perspective : The CSCE/OSCE: a historical perspective 1975 Helsinki Final Act
informal Peace Treaty
East – West agreement on quid pro quo basis
Decalogue
Principle VII most important?
Three baskets:
Politico-military
Economic and Environmental
Human Dimension
Comprehensive and Cooperative Security Concept
Human rights and minority rights in the OSCE : Human rights and minority rights in the OSCE Political Commitments: advantages and disadvantages
Consensus based, at highest level
Go further than binding treaties
Human and minority rights are of direct and legitimate concern to all States - do not belong exclusively to internal affairs
Helsinki Final Act (1975):
Vienna Follow-Up Meeting (1989)
Geneva Meeting of Experts (1991)
Moscow Human Dimension Meeting (1991)
Copenhagen Document (1993)
Minority Rights: 1989-1994: a new world order ? : Minority Rights: 1989-1994: a new world order ? 1989 Collapse of Communism, Fall Berlin Wall, end of Cold War
1990 Charter of Paris for a New Europe: “a new era of democracy, peace and unity in Europe”; “Europe whole and free is calling for a new beginning”
New challenges : - conflicts (e.g. Balkans, Baltics, Caucasus, Central Europe, Central Asia etc)- new threats (e.g. trafficking, terrorism, environmental etc)
Response international community (No/limited/late use of peace enforcement measures but recognition of need to „do something“ + address root causes)
New structures and institutions (ICTY, OSCE, HCNM, CiO, SG, field missions etc)
Development of normative framework (1990 Copenhagen, 1992 UN Declaration, 1992 ECRML, 1993 EC Copenhagen Criteria, 1995 FCNM etc)
The Mandate of the High Commissioner : The Mandate of the High Commissioner Helsinki 1992:
“The High Commissioner will provide ‘early warning’ and, as appropriate, ‘early action’, at the earliest possible stage in regard to tensions involving national minority issues which have not yet developed beyond an early warning stage, but in the judgment of the High Commissioner, have the potential to develop into a conflict within the CSCE area, affecting peace, stability or relations between participating States
The Mandate of the High Commissioner : The Mandate of the High Commissioner Characteristics:
Long-term perspective both structural and operational conflict prevention.
Independence: HCNM can get involved without consent of the host state, at his own discretion, and with minimal instructions CiO
Co-operation
Impartiality (HC “on”, not “for” NM) Confidentiality – “Quiet Diplomacy”
‘National Minority’ is not defined in the Mandate
The Mandate of the High Commissioner : The Mandate of the High Commissioner Limits:
Terrorism/Armed Violence
Conflict potential
Confidentiality
No individual cases
HCNM citizen, resident of involved State or belonging to national minority involved: if all parties agree
Consensus based?
The HCNM in person : The HCNM in person Knut Vollebaek (Norway)
2007-Rolf Ekeus (Sweden)
2001-2007
Max van der Stoel (the Netherlands)
1993-2001
The HCNM Quiet Diplomacy ‘Tool box‘ : The HCNM Quiet Diplomacy ‘Tool box‘ Country Recommendations
Thematic Recommendations
(1996) The Hague – Education Rights
(1998) Oslo – Linguistic Rights
(1999) Lund – Effective Participation
(2003) Use of Minority Languages in Broadcast Media
(2006) Policing Recommendations
> (2008) Bolzano/Bosen Recommendations on National Minorities in Interstate Relations
Statements and Speeches
Problem-solving workshops and projects
Monitoring networks
Cooperation with 3rd States, parties & IOs: EU, UN, CoE, NATO
The HCNM ‘Tool box‘ : The HCNM ‘Tool box‘ Country Recommendations : identifying root causes of conflicts
state of legislation on minorities
recognition and definition of minority groups
forms and degree of representation and participation in public life
extent of the access by minorities to media
educational system (public and private schools) and minorities
the use of minority languages in public and private
social and economic rights of minorities
programmes for affirmative action (identification of needs and assessment of projects)
Examples of recurring issues : Examples of recurring issues Language (E.g. Baltic States, Ukraine, Georgia, Moldova, Slovakia)
Education (E.g. fYROM, Romania)
Citizenship (E.g. Baltic States)
Effective Participation (E.g. Croatia)
Kin-State Involvement (E.g. Hungarian Law on passport)
Socio-economic issues, Security issues
Policing (Kyrgyzstan, Crimea, etc)
Return of deported/displaced persons (Crimean Tatars, Meskhetians, Uzbeks from Kyrgyzstan etc)
HCNM ‘Tool box‘ : HCNM ‘Tool box‘ Thematic Recommendations: recurring issues
(1996) The Hague Recommendations Regarding the Education Rights of National Minorities
(1998) The Oslo Recommendations Regarding the Linguistic Rights of National Minorities
(1999) The Lund Recommendations on Effective Participation of Nat Minorities in Public Life
(2003) Guidelines on the use of Minority Languages in the Broadcast Media
(2006) Recommendations on Policing in Multi-Ethnic Societies
(2008) Recommendations on National Minorities in Interstate Relations
Based on existing rules and principles of international law and good practice
Written in a style which makes them accessible
Made for practitioners: politicians, civil servants, NGO representatives and members of minorities and serve as a basis for discussions
Same structure (Introduction, Set of Recommendations, Explanatory note)
Further information: www.osce.org/hcnm : Further information: www.osce.org/hcnm