126 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

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