High Commissioner on National Minorities

Early warning and early action

The High Commissioner's task is to provide "early warning" and, as appropriate, "early action" at the earliest possible stage "in regard to tensions involving national minority issues which have not yet developed beyond an early warning stage, but, in the judgement of the High Commissioner, have the potential to develop into a conflict within the OSCE area".

The HCNM thus has a two­fold mission: first, to try to contain and de-escalate tensions and, second, to act as a "tripwire," meaning that he is responsible for alerting the OSCE whenever such tensions threaten to develop to a level at which the High Commissioner cannot contain them with the means at his/her disposal.

Even though the HCNM's mandate places his/her work first and foremost in the category of short-term conflict prevention, the High Commissioner cannot, if he/she wishes to be effective, overlook the important long-term aspects of the situations.

Long-term perspective

A long-term perspective is essential if sustainable solutions are to be achieved. Immediate de-escalation of a situation can be only a first step in the process of reconciling the interests of the parties concerned. The goal is to start, maintain and enhance a process of exchanges of views and co­-operation between the parties, leading to concrete steps calculated to de-escalate tensions and, if possible, resolve underlying issues.

In a general way, the High Commissioner's mandate contains guidelines for determining whether or not he should become involved in a particular situation. The mandate provides him/her with the necessary freedom of initiative in this regard.

Independence

It is particularly important that it allows the HCNM to operate with the necessary independence. Involvement by the High Commissioner does not require the approval of the Permanent Council or of the State concerned. This independence is crucial to the timing of the HCNM's involvement.

Despite the degree of independence allowed in the High Commissioner's work, the HCNM cannot function properly without the political support of the participating States. The importance of such support becomes particularly acute when the High Commissioner presents reports and recommendations to the state concerned and, afterwards, to the Permanent Council.

At this stage, it also becomes clear whether the states will provide the follow-up where needed. For the High Commissioner, the Permanent Council is the primary OSCE body as far as political support is concerned.

Impartiality

If the High Commissioner is to be truly effective as a third party, it is equally essential that he/she preserve impartiality at all times. In view of the sensitive issues with which he/she is called upon to deal, the High Commissioner cannot afford to be identified with one party or another.

If international norms and standards, to which OSCE participating States have committed themselves, are not met, the High Commissioner will ask the Government concerned to change its policy, reminding it that stability and conflict prevention are as a rule best served by ensuring full rights to the persons belonging to a minority. In doing so, the HCNM will act with strict impartiality.

Confidentiality

The condition of confidentiality - which means that the HCNM acts through silent diplomacy - serves more than one purpose. It was meant to reconcile the need to establish such an office in the first place with the importance of avoiding any possible escalation that might be caused by the High Commissioner's involvement.

Often parties directly involved feel they can be more co-­operative and forthcoming if they know that the discussions will not be revealed to the outside world. Conversely, parties may make much stronger statements in public than in confidential conversations, from the presumption that they should be seen to be maintaining a strong position or that they should try to exploit outside attention.

On the other hand, the High Commissioner recognizes the need for participating States to be informed about his activities. He regularly briefs the Permanent Council, both formally and informally, and if the HCNM submits recommendations to a government, he/she will subsequently discuss them with the Permanent Council.

Definition of a national minority

The mandate does not contain a description or definition of what constitutes a national minority. Indeed, there is no general agreement on what constitutes a (national) minority, either in the OSCE or elsewhere.

In his keynote address at the opening of the OSCE Minorities Seminar in Warsaw in 1994, High Commissioner van der Stoel stated the following: "(...) I won't offer you [a definition] of my own. I would note, however, that the existence of a minority is a question of fact and not of definition. In this connection, I would like to quote the Copenhagen Document of 1990 which (...) states that 'To belong to a national minority is a matter of a person's individual choice.' (...) I would dare to say that I know a minority when I see one. First of all, a minority is a group with linguistic, ethnic or cultural characteristics, which distinguish it from the majority. Secondly, a minority is a group which usually not only seeks to maintain its identity but also tries to give stronger expression to that identity."

Restrictions on the High Commissioner's activities

The mandate contains a number of provisions restricting the High Commissioner's activities.

Explicitly excluded from the High Commissioner's mandate are individual cases concerning persons belonging to national minorities. With regard to the HCNM's activities in general, and to the HCNM's information­-gathering and fact-finding activities in particular, the High Commissioner's mandate does not permit him/her either to consider national minority issues in situations involving organized acts of terrorism or to communicate with or acknowledge communications from any person or organization that practices or publicly condones terrorism or violence.