migrants”. The FRA does not examine individual
cases but is responsible for producing policy
research, data collection, monitoring, awareness raising and advising EU member States
and agencies.
12.5.4 Organization for Security and
Cooperation in Europe (OSCE):
The Organization for Security and Cooperation
in Europe aims to provide early warning and
conflict prevention, crisis management and postconflict reconstruction. It regularly deals with
human rights and minority rights issues in this
capacity, including under the auspices of several OSCE bodies, such as the office of the High
Commissioner on National Minorities (HCNM)
and the Contact Point on Roma and Sinti Issues.
High Commissioner on National
Minorities (HCNM)
The position of the High Commissioner on
National Minorities was created by the OSCE in
1992 to provide “early warning’ and, as appropriate, ‘early action’ […] in regard to tensions
involving national minority issues that have the
potential to develop into a conflict.” The mandate specifically states, “The High Commissioner
will not consider national minority issues in situations involving organized acts of terrorism”. The
mandate also excludes the HCNM from considering allegations of violations from individuals.
The HCNM examines the situation and gives
advice to governments in confidence and
has developed an approach focusing mainly
on using quiet diplomacy rather than public
statements. The aim of this confidentiality is to
gain more acceptance of the role of the HCNM
among governments, to avoid escalation of tensions between groups and to encourage parties
involved in disputes to be more cooperative and
adopt moderate positions since they know discussions with the HCNM will not be made public.
The HCNM has produced thematic
recommendations on aspects of
minority rights. These include the:
Hague recommendations on the
education rights of national minorities;
Oslo recommendations on the linguistic
rights of national minorities;
Lund recommendations on the effective
participation of national minorities in
public life;
Warsaw recommendations to assist
national minority participation in the
electoral process;
Report and recommendations on the
Situation of Roma and Sinti in the
OSCE Area;
Guidelines for the use of minority
languages in the broadcast media;
Recommendations on policing in
multi-ethnic societies.
The HCNM’s recommendations are not legally
binding but are based upon expert opinions of
minimum standards of good practice in each
thematic area. The lack of a formal monitoring
mechanism means that it is difficult to know the
extent to which States have amended national
laws to implement the recommendations.
Office for Democratic Institutions and
Human Rights (ODIHR):
Within the OSCE, the Office for Democratic
Institutions and Human Rights is the institution which specialises in dealing with elections,
human rights, and democratization. Its mandate
includes assisting States with implementing
their commitments on non-discrimination and it
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