October 2003
Commission; the office of the Council of the Baltic Sea States Commissioner on
Democratic Development; and the office of the OSCE Representative on Freedom of
the Media.
Insofar as existing standards of minority rights are part of human rights, the starting
point of the consultations among the experts was to presume compliance by States with
all other human rights obligations including, in particular, freedom from discrimination.
It was also presumed that the ultimate object of all human rights is the full and free
development of the individual human personality in conditions of equality.
Consequently, it was presumed that civil society should be open and fluid and,
therefore, integrate all persons, including those belonging to national minorities.
Moreover, insofar as the objective of good and democratic governance is to serve the
needs and interests of the whole population, it was presumed that all governments seek
to ensure the maximum opportunities for all those within their jurisdiction, including
persons belonging to national minorities, to access the media and impart and receive
information, including in their own language. This follows, inter alia, from the
principles of pluralism, tolerance and broadmindedness and from the special role of
independent and pluralistic media which is a basic condition for free, open and
democratic societies.1
The purpose of the accompanying Guidelines like The Hague, Oslo, and Lund
Recommendations before them, is to encourage and facilitate the adoption by States of
specific measures to alleviate tensions relating to national minorities and thus to serve
the ultimate conflict prevention goal of the HCNM. It is the experience of the HCNM
and consistent with international standards, that this be pursued in an open and inclusive
manner which seeks to accommodate – and to integrate in the broader society – the
range of express demands and existing diversity. This maximises and contributes to
social cohesion.
In seeking to clarify the content of existing rights, the Guidelines aim to provide
States with some practical guidance in developing policies and law which fully
respect the letter and spirit of internationally agreed standards and which can balance
and meet the needs and interests of all sectors of the population, including those of
persons belonging to linguistic minorities. While consistently reflecting the
international standards, the Guidelines are sensitive to real situations in various States –
including perceptions regarding the vulnerability of (and consequent desire to promote)
1
See, e.g., Handyside v. United Kingdom, Judgment of European Court of Human Rights of 7 December 1976, Series
A. No. 24, para. 49. See also the preamble to the 1990 Document of the Copenhagen Meeting of the Conference on the
Human Dimension in which OSCE participating States expressed their commitment to the ideals of democracy and
pluralism.
4