political tensions in the OSCE area, particularly following the refugee and migrant
crisis of recent years, and the resulting pressure on integration policies.
All the issues included in these publications relate directly to the High Commissioner’s
mandate to prevent conflict and to reduce tensions affecting minority communities.
The publications are grounded in the recognition that the numerous conflicts
involving national minorities that have erupted since the HCNM was established
could have been avoided. More often than not, such conflicts are rooted in the
denial of basic minority rights (including through violence) and the marginalization of
minority communities in ways that amount to systemic discrimination.
As the Copenhagen Document stresses, “participating States recognize that
the questions relating to national minorities can only be satisfactorily resolved
in a democratic political framework based on the rule of law, with a functioning
independent judiciary.”2 This is why the protection and indivisibility of human rights
and minority rights, including through access to justice, should be central to conflict
prevention within and between States, and why it is a specific area of HCNM
focus. National minorities might lose confidence in the justice system and in State
authorities in general if they are unfairly targeted by law-enforcement and judicial
bodies or if their access to justice is denied or even restricted, not least because
of corruption.
The Ljubljana Guidelines go further, stating that lack of trust in the justice system,
or a perception that the system favours members of the majority, undermines
social cohesion, fosters alienation and can increase the risk of conflict, including
of an inter-ethnic nature.3 In the most extreme cases, systemic discrimination and
alienation, as well as inter-ethnic tensions and violence, can also contribute to a
climate where violent extremism and radicalization may take root. It is also possible
that persons belonging to minority communities may use violence or implement
discriminatory measures against members of the majority in areas over which they
exert control. Lastly, lack of access to justice and disillusionment with the State
may encourage minority communities to look for support from neighbouring States
or States from the region with which they share ethnic or cultural characteristics.
This can further increase domestic and inter-State tensions. Inter-ethnic tensions,
discrimination, hate crimes and lack of access to justice can lead to a cycle of
inter-ethnic conflict. Access to justice, therefore, is not just about the rights of
2
3
4
OSCE (1990) Document of the Copenhagen Meeting of the Conference on the Human Dimension of the
CSCE, paragraph 30.
HCNM (2012) Ljubljana Guidelines on Integration of Diverse Societies, explanatory note to Guideline 47.
The Graz Recommendations on Access to Justice and National Minorities