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PROMOTING AND PROTECTING MINORITY RIGHTS
spilled over to neighbouring countries and damaged relations between participating States. To
address ethnic tensions and to prevent inter-State hostilities over national minority issues, the post
of High Commissioner on National Minorities was established at the CSCE Helsinki Summit in
1992.
The High Commissioner on National Minorities is actively involved in several OSCE participating
States, particularly those in Central and Eastern Europe and those which were previously part
of the Soviet Union. The High Commissioner is supported by a small office of political and legal
advisers and project officers, based in The Hague, the Netherlands. The mandate of the High
Commissioner specifies that he or she is to be “an eminent international personality” who will act
impartially and will “work in confidence and will act independently of all parties directly involved
in the tensions”. Max van der Stoel of the Netherlands served as the first High Commissioner
from January 1993 until July 2001. He was succeeded by Rolf Ekéus of Sweden (2001-2007)
and Knut Vollebaek of Norway (2007-present).
Mandate
As a conflict prevention instrument, the High Commissioner on National Minorities is placed
firmly in the “security basket” of OSCE. The High Commissioner does not become engaged in
all minority-related issues, instead focusing on those which have security implications. The High
Commissioner has a two-fold mission: to try to contain and de-escalate tensions and to act as a
“tripwire”, alerting OSCE when the situation threatens to develop beyond a level which he or
she is able to contain with the diplomatic means at their disposal. The original mandate states:
The High Commissioner provides “early warning” and, as appropriate, “early action” at
the earliest possible stage in regard to tensions involving national minority issues that have
the potential to develop into a conflict within the CSCE area, affecting peace, stability or
relations between participating States.148
Within the mandate, the transition from early warning to early action is rigidly structured. Most
activities have concerned early action (e.g., multiple visits to the countries concerned), thereby
avoiding the need for formal early warning. The mandate also contains an “exit strategy” under
which the High Commissioner defers to the Chairman-in-Office (i.e., the foreign minister currently
presiding over the Council of Ministers, the central decision-making and governing body) and
the Senior Council, if he or she deems that scope for action is exhausted because the conflict has
escalated. However, this option has never been employed.
The High Commissioner on National Minorities is, above all, a political instrument and is
not intended to supervise States’ compliance with their OSCE commitments or international
obligations. The High Commissioner does not function as an advocate or ombudsman for
minorities or as recourse for individuals belonging to national minorities. Of course, the subject
matter addressed by the office (i.e., minority issues) is strongly linked with the human dimension:
adequate protection of the rights of persons belonging to national minorities is essential for
minimizing ethnic tensions which might otherwise threaten to create wider conflict. The High
Commissioner therefore pays close attention to issues of human rights, especially freedom from
discrimination, along with respect for minority rights.
Information-gathering
With the assistance of advisers, the High Commissioner collects and analyses information
from all relevant sources (including wire services, the Internet and other media, Government
representatives, independent experts, NGOs and secondary sources such as journals and
CSCE 1992 Summit, Helsinki, 9-10 July 1992, CSCE Helsinki Document 1992: The Challenges of Change
(para. 23), available from www.osce.org/mc/39530?download=true (accessed 4 December 2012).
148