Introduction
In its Helsinki Decisions of July 1992, the Organization for Security and Cooperation
in Europe (OSCE) established the position of High Commissioner on National
Minorities to be “an instrument of conflict prevention at the earliest possible stage”.
This mandate was created largely in reaction to the situation in the former Yugoslavia
which some feared would be repeated elsewhere in Europe, especially among the
countries in transition to democracy, and could undermine the promise of peace
and prosperity as envisaged in the Charter of Paris for a New Europe adopted by
the Heads of State and Government in November 1990.
On 1 January 1993, Mr. Max van der Stoel took up his duties as the first OSCE
High Commissioner on National Minorities (HCNM). Drawing on his considerable
personal experience as a former Member of Parliament, Foreign Minister of The
Netherlands, Permanent Representative to the United Nations, and long-time
human rights advocate, Mr. van der Stoel turned his attention to the many disputes
between minorities and central authorities in Europe which had the potential, in his
view, to escalate. Acting quietly through diplomatic means, the HCNM has become
involved in over a dozen States, including Albania, Croatia, Estonia, Hungary,
Kazakstan, Kyrgyzstan, Latvia, the Former Yugoslav Republic of Macedonia,
Romania, Slovakia and Ukraine. His involvement has focused primarily on those
situations involving persons belonging to national/ethnic groups who constitute the
numerical majority in one State but the numerical minority in another State, thus
engaging the interest of governmental authorities in each State and constituting
a potential source of inter-State tension if not conflict. Indeed, such tensions have
defined much of European history.
In addressing the substance of tensions involving national minorities, the HCNM
approaches the issues as an independent, impartial and cooperative actor. While
the HCNM is not a supervisory mechanism, he employs the international standards
to which each State has agreed as his principal framework of analysis and the
foundation of his specific recommendations. In this relation, it is important to recall
the commitments undertaken by all OSCE participating States, in particular those
of the 1990 Copenhagen Document of the Conference on the Human Dimension
which, in Part IV, articulates detailed obligations relating to national minorities. It is
also important to note that all OSCE States are bound by United Nations obligations
relating to human rights, including minority rights, and that the great majority of
OSCE States are also bound by the standards of the Council of Europe.
The Hague Recommendations - October 1996
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