Regional systems
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States are to “create conditions for the promotion of ... [minority] identity” (para. 33) and “will
endeavour to ensure” that members of minorities “have adequate opportunities for instruction of
their mother tongue or in their mother tongue, as well as, wherever possible and necessary, for
its use before public authorities” (para. 34).
Although individuals may exercise their rights in community with others, there is no basis for
collective rights per se within the OSCE framework. In particular, there is no connection with the
right to self-determination (fear of which is sometimes expressed by Government authorities or
the majority population), as paragraph 37 of the Copenhagen Document makes clear:
None of these commitments [i.e., specified minority rights] may be interpreted as implying
any right to engage in any activity or perform any action in contravention of the purposes
and principles of the Charter of the United Nations, other obligations of international law or
the provisions of the Final Act, including the principle of territorial integrity of States.
Additional minority-specific provisions are set forth in the 1990 Charter of Paris for a New Europe,
which notes the determination of States to “foster the rich contribution of national minorities to
the life of our societies”, and the 1991 Report of the Geneva Meeting of Experts on National
Minorities, which represents the conclusions of three weeks of discussion among experts from
CSCE States on the issues of national minorities and the rights of persons belonging to them.
Furthermore, almost every relevant CSCE or OSCE document since 1990 has highlighted the
situation of Roma, starting with the 1990 Copenhagen Document (para. 40 and subsections),
which requires participating States to take measures to protect Roma and others against any
acts that constitute incitement to violence and against threat or acts of discrimination, hostility or
violence; the 1991 Report of the Geneva Meeting of Experts on National Minorities (chapter VI);
and the 1992 Document of the Helsinki Follow-up Meeting (chapter VI, para. 35).
In addition to previous CSCE and OSCE commitments pertaining to Roma, OSCE participating
States adopted the 2003 Action Plan at the 2003 Ministerial Council on Improving the Situation
of Roma and Sinti within the OSCE Area. The Action Plan provides a set of principles to be
followed in dealing with Roma and Sinti issues, as well as guidance in developing strategies
to eliminate discrimination against Roma, Sinti and other related groups. Since its adoption,
the Contact Point for Roma and Sinti Issues at the OSCE Office for Democratic Institutions and
Human Rights (ODIHR, discussed below), in close cooperation with the High Commissioner
on National Minorities, has been carrying out activities in support of participating States and
NGOs in the implementation of the Action Plan and reporting on how participating States have
been fulfilling the promises made in the Action Plan.
OSCE institutions and minority rights
OSCE monitors and promotes human rights through a variety of institutions, mechanisms and field
operations. Particularly relevant for the protection of minority rights are the High Commissioner
on National Minorities, ODIHR; the Special Representatives of the Chairman-in-Office to promote
tolerance and combat racism, xenophobia and discrimination; and the field operations in several
countries.
The High Commissioner on National Minorities
Almost all OSCE participating States have one or more national minority groups within their
territories. In all those States, respect for the rights of minorities and the promotion of an
integrated, multicultural society is not only desirable in itself but helps to ensure stability and
peace both within and among States. Although armed conflict between States over territory
or economic resources has diminished in the OSCE area in recent decades, tensions between
different groups within States have risen. Too often, inter-ethnic conflicts within a State have