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What does the OSCE do in the area of minority protection?
In the follow-up meeting in Helsinki in 1992, an OSCE High Commissioner for National
Minorities (HCNM) was appointed with the main task of providing early warning and, if
necessary, the activiation of mediation procedures when tensions involving national
minorities seem likely to develop in such a way as to threaten peace and stability in the
continent. His work, starting in December 1992, later followed the lines drawn by the
Copenhagen Document. The lack of an overall definition of minority within the European
institutional framework has allowed to intervene in very different minority situations.
According to his mandate, the High Commissioner is strictly excluded from dealing with
groups that support terrorism. His mediating activities are periodically published by his
office in The Hague and by the OSCE itself. Apart from these case-to-case activities the
office of HCNM has also contributed to general standard setting in the area of minority
protection. The HCNM published various general sets of recommendations in areas
crucial for minorities such as for instance education (The Hague Recommendations
1993), language (Oslo Recommendations 1998), effective participation (Lund
Recommendations 1999) or, most recently, the relationship between minorities and their
kinstate (Bozen/Bolzano Recommendations 2008). In August 2007 Knut Vollebaek, a
former foreign minister of Norway, became the third HCNM of the OSCE.
What is the role of the HCNM in minority conflicts?
The work of the HCNM consists mainly of quiet diplomacy, informal dialogue behind
closed doors, confidential exchange of information and consultation with independent
experts. Moreover, there are periodic reports to the chairpersons and the Permanent
Council of the OSCE. Whenever the HCNM engages in the detailed treatment of specific
issues he sends formal letters to the governments concerned. This is the so-called formal
written dialogue with the OSCE-member states. This exchange of letters underlines the
practical, problem-solving and assistance-oriented approach of the HCNM. He raises
specific issues and makes precise recommendations. Furthermore, the HCNM makes
regular surveys of state practices and publishes reports on the linguistic rights of
national minorities in the OSCE-area (currently from 51 states). The OSCE Missions
provide support to other OSCE institutions, especially the HCNM, by means of
monitoring, maintaining direct contacts or contributing analyses.
Useful links:
OSCE High Commissioner on National Minorities (HCNM), at http://www.osce.org/hcnm/
HCNM Thematic recommendations, at
http://www.osce.org/hcnm/documents.html?lsi=true&limit=10&grp=45
References:
Factsheet on the OSCE High Commissioner on National Minorities (7 August 2008), at
http://www.osce.org/hcnm/item_11_32905.html
Packer John, ‘The Protection of Minority Language Rights through the Work of the OSCE
Institutions’, in S. Trifunovska (ed.), Minority Rights in Europe (Asser Press, The Hague
2000), pp. 255-274.
Stoel Max (van der), “Minority Rights, Participation and Bilateral Agreements”, Address
of the High Commissioner on National Minorities of the OSCE to an international
seminar on Legal Aspects of Minority Rights: Participation in Decision-Making Processes
and Bilateral Agreements on Minority Rights (Zagreb, 4 December 2000), 4, at
http://www.osce.org/hcnm/documents/speeches/2000/hcnm_speech2000_8.pdf
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