Regional systems
127
reports), maintains contacts with OSCE missions and receives information through internal OSCE
channels.
The mandate is unusual in terms of the authority granted to the High Commissioner to become
directly involved in the affairs of a State. The High Commissioner enjoys a right of entry into,
and freedom of movement within, any participating State. He or she may decide to become
involved in a particular situation without the formal consent of the State concerned. However,
having decided to visit, and in keeping with the OSCE principle of “cooperative security”,
the High Commissioner seeks the cooperation of the Government in facilitating a visit. He or
she may receive and collect information from any source and maintain contact with anyone
(except those who practise or publicly condone terrorism). The High Commissioner may also
receive specific reports from and seek to communicate with the parties directly concerned,
including Governments, associations, NGOs and other groups, for example, representatives
of national minorities. Minority groups, human rights organizations and others may contact the
High Commissioner on National Minorities to share information or to bring a particular situation
or development to his or her attention, either prior to or during the course of their official visit.
In deciding to visit a country, the High Commissioner considers the degree to which issues
concerning persons belonging to national minorities affect local or regional security and takes
into account available information which might indicate potential conflict. Two main factors
influence the decision: the extent to which he or she considers that their involvement is needed
and the potential to have a positive impact. The High Commissioner will engage in a situation
if there is a chance that this will influence the situation positively. When deciding whether to
become involved, the High Commissioner also considers whether their involvement would bring
added value, particularly where a number of international actors are already involved and
efforts might be duplicated or even interfere with one another.
Confidentiality
While the High Commissioner enjoys wide access to information, the mandate prescribes that
he or she work in a confidential manner. This discreet approach is designed to gain the trust and
cooperation of all parties; it also helps avoid the inflammatory statements that public attention
sometimes provokes. Parties are often more open to consider various options behind closed
doors, when they know that they will not be subject to external pressures or be seen to be
climbing down from declared positions. The commitment to confidentiality is intended to keep
matters within the internal governmental framework of OSCE, but it does not preclude the High
Commissioner from working in cooperation with other international bodies, such as the Council
of Europe, the United Nations and the European Union, as often happens.
The High Commissioner has developed the practice of making recommendations to States
through a formal exchange of letters with relevant ministers. While this correspondence usually
remains confidential, regular statements to the Permanent Council149 and academic publications
give some insight into the activities of the High Commissioner. The High Commissioner generally
avoids substantial contact with the press, except in specific situations where public statements
are considered potentially beneficial.
International standards
The approach of the High Commissioner on National Minorities is firmly grounded in human
dimension commitments and international human rights law, relying on the international standards
by which States have already agreed to provide a framework for dialogue and recommendation.
Since all OSCE participating States (except the Holy See) are members of the United Nations
Available from www.osce.org/hcnm/documents (accessed 4 December 2012).
149