HCNM at 25: Personal Reflections of the High Commissioners

HCNM at 25: Personal Reflections of the High Commissioners  Published and disseminated by the OSCE High Commissioner on National Minorities (HCNM)

ISBN 978-90-75989-33-5

© OSCE High Commissioner on National Minorities 2018

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Organization for Security and Co-operation in Europe High Commissioner on National Minorities

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2 Contents

3 Foreword Twenty-five years of the OSCE High Commissioner on National Minorities Wolfgang Zellner Deputy Director IFSH, Head of the Centre for OSCE Research (CORE)

7 Introduction The Director’s Chair: Behind the Scenes at the HCNM Henrik Villadsen OSCE HCNM Director

13 Looking Back, Looking Forward: Reflections on Preventing Inter-Ethnic Conflict Max van der Stoel OSCE High Commissioner on National Minorities (1992-2001)

19 Reflections on the Practices and Philosophy of the HCNM Rolf Ekéus OSCE High Commissioner on National Minorities (2001-2007)

25 The State’s Responsibility to Safeguard Minority Rights: Building a Stable, Cohesive Society from the Ground up Knut Vollebæk OSCE High Commissioner on National Minorities (2007-2013)

31 Challenges and Opportunities for the HCNM Astrid Thors OSCE High Commissioner on National Minorities (2013-2016)

38 Preventing Crises and Conflicts through Promotion of Integration of Diverse Societies Lamberto Zannier OSCE High Commissioner on National Minorities (2017-present)

44 Acknowledgement  HCNM at 25: Personal Reflections of the High Commissioners

Foreword

Twenty-five years of the OSCE High Commissioner on National Minorities

Wolfgang Zellner, Deputy Director of the Institute for Peace Research and Security Policy at the University of Hamburg (IFSH), Head of the Centre for OSCE Research (CORE)

The mandate and institutional profile of the OSCE mandate is personal; it resides with the individual, High Commissioner on National Minorities (HCNM) not with the institution.” Thus, the HCNM is an are unique in several aspects. First, the HCNM institution built around an eminent international embodies the readiness, and even more importantly, personality with long-standing experience, and this the ability of the participating States to take collective gives her or him a degree of independence, the value responsibility for a particularly sensitive area of of which “cannot be overestimated”, as former HCNM internal state affairs – minority issues. As an element Astrid Thors says in her contribution. Finally, it is of the OSCE’s politico-military dimension, but remarkable that an agreement was reached on the firmly based on the normative acquis of its human mandate of the HCNM within a couple of months dimension, the HCNM, more than any other OSCE before the 1992 Helsinki Summit, although a number body, epitomizes the organization’s comprehensive of influential States such as France, the United security approach formulated in the Helsinki Final Kingdom and Turkey, to name only three, were Act (HFA): originally opposed to such an institution.1

“The participating States recognize the universal The High Commissioner operates under rapidly significance of human rights and fundamental changing conditions. There are new phenomena freedoms, respect for which is an essential factor for such as mass migration and refugee movements, the peace, justice and well-being necessary to ensure demographic malformations, and integration deficits the development of friendly relations and co-operation combined with economic and social decline. We among themselves as among all States.” observe a radicalization of societies and political (HFA, Principle VII). classes. Spreading nationalism threatens our societies. There are increasing challenges to the rule of law and The innovative nature of this link between the democracy throughout the OSCE area. Within and politico-military and the human dimension is between States, there are protracted and open armed underlined by the fact that no other international conflicts. At the same time, important States invest organization provides an institution that is less in international organizations. Overall, this has comparable to the HCNM. Another unique feature of 1 Cf. Olivier A.J. Brenninkmeijer, The OSCE High Commissioner the HCNM is, as Director Henrik Villadsen stresses on National Minorities: Negotiating the 1992 Conflict Prevention in his contribution, that the “High Commissioner’s Mandate, Geneva 2005 (PSIO Occasional Paper 5/2005).

3  fundamentally changed the conditions of action for post-Communist transition and as we move out the HCNM regarding potential conflicts related to of this phase, nationalism will fade away.” This was old and new minorities in Europe. an almost visionary statement at that time, which, unfortunately, was confirmed a decade later by his The contributions to this booklet on the occasion successors. As Astrid Thors observed: of the 25th anniversary of the OSCE High Commissioner on National Minorities demonstrate “During my years at the helm of the HCNM, a new the richness of the collective experience of this form of kin-State policy became quite visible. Those institution as it has developed over the decades and countries inside the EU with kin-communities in can be used under the present conditions. It is my candidate countries or association countries, were pleasure to highlight some aspects of this process. quite active in suggesting benchmarks based on the Copenhagen Criteria. [...] But if there is no kin-State Recommendations by the High Commissioner linked to a minority, then the benchmarks can easily The eight sets of thematic recommendations by the be lower. Yet another example of double standards in High Commissioner have created a new standard the EU system.” of soft norm-setting and have become a trademark of the office of the HCNM. While they are not Her predecessor, Knut Vollebæk, had already consensus decisions of the participating States, they criticized an approach that has become increasingly “draw their authority from the prestige of the office fashionable among kin-States: “It is clearly stated of the High Commissioner”, as Lamberto Zannier that kin-States cannot give passports to citizens of wrote in his contribution. This kind of informal another State and then expect to claim protection for norm-setting combines two advantages: On the a particular group of their citizens on the territory of one hand, the recommendations can formulate that State.” To be clear, this also covers cases where much clearer and more differentiated positions than EU States are involved, including cases where both consensus decisions would allow for. On the other, the kin-State and the other State are member States they achieve almost the same impact as a formal of the EU. This shows how far “excessive nationalism” decision in the sense of giving thematic guidance has poisoned relations even within the EU. to relevant institutions in the participating States. Thus, the thematic recommendations of the High Confrontational historical narratives Commissioner represent a wonderful example of how The introduction of confrontational historical things that cannot be achieved at a formal level can narratives has a huge potential to deepen actual be done informally in a consensus organization. ethno-political disputes. As Astrid Thors observed: “Different perspectives on history are forbidden in an New forms of kin-State policies increasing number of European countries and their Kin-States in all parts of the OSCE area are using narratives are becoming more nationalistic. Patriotic increasingly unilateral means to fight for their education, not education to become world citizens, is ethnic kin who are citizens of other States. As early on the rise.” Her successor, Lamberto Zannier, is even as 2000, Max van der Stoel “warn[ed] against the more specific about the impact of these nationalistic view that excessive nationalism is a by-product of practices: “If Governments impose singular historical

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narratives and prohibit alternative interpretations seekers and refugees. It was hard for me to understand in ‘memory laws’, then they draw a line in the sand the resentment from many governments to applying of time that can continue to divide societies for these Guidelines and also the negative attitude generations to come. And differences in historical towards benefitting from the HCNM’s experience in interpretations and commemoration practices can dealing with such integration issues in their countries.” have a negative effect on bilateral relations between States.” Again, this includes EU member States. This is precisely the attitude against which Max van der Stoel had warned almost twenty years Minorities and geopolitics ago, namely to narrow down nationalism to a The combination of geopolitics with minority issues phenomenon of post-Communist transition. is another fuse for conflict. Lamberto Zannier speaks about a “return of geopolitics” and observes that The instrument of the High Commissioner was “minorities become an increasingly important pawn created to address conflicts regarding classical in the geopolitical game”. This combination of two national minority issues and continues to do so. unilateral ingredients – geopolitics and nationalist Beyond that, however, new and no less dangerous kin-State policies – is particularly explosive because phenomena have emerged that increasingly attract it combines rude power politics with a specific the attention of successive High Commissioners. This backward worldview and can be used by all kinds booklet gives a remarkable picture of how closely of States regardless of their size and historical related the perceptions of the different incumbents background. It is almost shocking, but points to the are and how fruitfully they build on the experiences dimension of this danger, when Zannier remarks: “In of their predecessors. this vein, quiet diplomacy alone is no longer sufficient as a key working method of the High Commissioner. Today, the participating States would not be able to It must be accompanied by high profile initiatives”. agree on a mandate for a High Commissioner on National Minorities. Fortunately, we already have this New minorities institution for addressing minority issues of all kinds, In many States including Germany, the key problems old and new. of minorities and integration no longer concern the classical national minorities, but so-called ‘new minorities’: migrants, refugees and asylum seekers. Within the EU, these problems have led the Union to the brink of paralysis. In addition, many States have no desire to learn from the experience of the HCNM as Knut Vollebæk observed:

“When we launched the Ljubljana Guidelines I tried to convince the participating States that these guidelines would also be applicable to societies facing an influx of “new” minorities, i.e. migrants, asylum

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Introduction

The Director’s Chair: Behind the Scenes at the HCNM Henrik Villadsen, Director

Henrik Villadsen served a four-year term as Director of the HCNM from 2015-2018, including a period as Officer-in-Charge of the HCNM from August 2016-July 2017.

In August 2016, the HCNM entered a period geographical and thematic terms, both of which I with no High Commissioner at the helm, casting will touch upon later in this short article. The office its operations into uncharted waters. This assigns cross-disciplinary teams to work on specific unprecedented situation, brought about by the OSCE country situations, which normally include one participating States’ non-renewal of the mandate of Political Adviser, one Legal Adviser and one Project the High Commissioner, was followed by an extended Officer. The composition of these teams is constituted period of negotiations to appoint a successor. by the Section Heads, according to the requirements of each situation. For this purpose the High As I reach the end of my tenure as Director at Commissioner has assigned two broad “geographic” the HCNM, I am pleased to have been given the teams within the office, each covering a number opportunity by High Commissioner Zannier to of OSCE participating States. However, groupings reflect upon the practical workings of the office, and based upon geography have become increasingly less the methodology which it currently employs, offering meaningful, and there is a growing tendency for staff a look behind the scenes. to follow areas of interest based upon their expertise and less upon the strict geography and language of The HCNM team the countries themselves. The authority of the institution is invested in one person alone; however, the High Commissioner does Staff visits without the High Commissioner are not work alone. He or she is supported by a dedicated conducted on a regular basis to countries and regions team of legal, political, and project specialists, most which fall within the sphere of interest of the High of whom join the institution already with extensive Commissioner, and do not necessarily indicate either experience in working across the OSCE region, and a the imminence of conflict or the existence of tensions deep understanding of their areas of specialization. of concern to the High Commissioner. In order In practical terms, visits of the High Commissioner for the High Commissioner to prioritize his own are prepared in advance by staff teams working out of attention, it is necessary for HCNM staff members his office in The Hague, in constant communication to maintain deep contacts across the entire OSCE with the authorities of the countries concerned. region. In effect, the information received from Such preparatory work requires expertise in both these contacts serves as the real long-term radar of

7  the institution. The High Commissioner regularly populations. I have also been consistently impressed calls upon participating States to adopt an attitude by how well HCNM staff members are received by of co-operation and support both to himself and his both authorities and national minority groups alike. staff, because without this staff support, the High Commissioner himself cannot function as the OSCE Recurring themes in the work of the HCNM participating States have mandated him to do. In the work of the High Commissioner, recurring themes have emerged over the years. From the Confidentiality and communication outset, successive High Commissioners have noted No public report is made of these staff visits, and specific issues in multi-ethnic societies that can either the staff do not report to anyone other than the drive a wedge between communities or, if addressed High Commissioner. This is in line with the very sensitively, bring communities closer together. These limited reporting activities of the institution, which themes vary from linguistic rights, education rights, consist of strictly confidential reports to the OSCE and inter-State relations to statelessness and policing. Chairman-in-Office, general reporting twice per To help Governments deal with these potentially year to the Permanent Council, as well as occasional volatile issues, or root causes of ethnically motivated contributions at OSCE meetings of general interest conflict, if you like, the first High Commissioner on such as the Human Dimension implementation National Minorities Max van der Stoel, initiated a meetings, and the other public speeches and publication series entitled “OSCE HCNM Guidelines statements of the High Commissioner, which remain and Recommendations” in the mid-1990s. within his discretion and in practice are more limited in the detail which they provide.

Before and after country visits by the High Commissioner, frequent contacts between HCNM advisers and government authorities and minorities in the different OSCE participating States are essential. Good communication is one of the cornerstones of our work: it helps us to recognize and flag the signs of a potential conflict situation.

As Director, I have accompanied staff on a wide variety of travels and I am constantly impressed by the incredible diversity across the OSCE region, and also the ability of the staff in the institution The HCNM Recommendations and Guidelines cover the not only to seek out and find where that diversity is most relevant and sensitive policy areas related to minority promoted and respected but also where tensions are protection and integration of diverse societies. They are available developing, sometimes as a result of misinformed in several languages online at www.osce.org/hcnm/thematic- recommendations-and-guidelines or directly from the office of strategic management at the government level, or the HCNM. The Hague, the Netherlands, 1 October 2018 long-term grievances between majority and minority (© OSCE HCNM)

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In practice, the series works as follows. Drawing on the expertise of the High Commissioner, academics, practitioners and other specialized institutions working in the field, each set of Guidelines and Recommendations focuses on one topic of great significance to minority groups across the OSCE region. Clarity, accuracy and ease of use by policy- makers are the cornerstones of the series. The Graz Recommendations on Access to Justice and National Minorities (2017), on which much of the preparatory work was done by HCNM staff during the period in which I was Officer-in-Charge, and Left to Right: Henrik Villadsen, Director OSCE HCNM; an excellent example of inter-OSCE co-operation Clemens Koja, Chairperson of the OSCE Permanent Council; Katarzyna Jarosiewicz-Wargan, First Deputy Director at the through the inclusion of the OSCE Senior Gender OSCE Office of Democratic Institutions and Human Rights; Advisor and ODIHR in all stages of the drafting Lamberto Zannier, OSCE Secretary General; and Volker Turk, process, offers 17 concrete recommendations for Assistant High Commissioner for Protection at the United Nations High Commissioner for Refugees (UNHCR), present use by governments, the judiciary and civil society. the OSCE-UNHCR Handbook of international standards When published, the HCNM’s guidelines and and good practices to address statelessness in the OSCE Area. recommendations are then presented to and shared Vienna, Austria. 2 March 2017. (© OSCE/Micky Kroel) with the permanent delegations in Vienna: it is thanks to their backing and support that the HCNM Building bridges, not walls through Recommendations are widely used in many OSCE well-informed legislation participating States today. The legal advice provided by the High Commissioner’s team of in-house Legal Advisers has Co-operation with partners leads to also been having a positive impact on the situation the multiplier effect of national minorities for decades. Therefore, as a Co-operation with long-term partners also helps to lawyer myself, I was especially encouraged to see key multiply the effect of our work on the ground. For legislative instruments being developed and adopted example, during my time as Officer-in-Charge, and by several governments during my term in office: in close collaboration with UNHCR and the OSCE instruments that respect and safeguard the interests Office for Democratic Institutions and Human Rights of majority and minority communities equally. The (ODIHR), the office contributed substantially to the High Commissioner, with the support of his Political Handbook on Statelessness in the OSCE Area which and Legal Advisers, continuously encourages and was subsequently presented at the Statelessness assists governments to develop and implement well- Conference in the spring of 2017. The launch of this informed, balanced legislation, whether this relates book took place against the backdrop of Europe’s to amending an existing law, drafting a new law, or growing refugee crisis, divisive rhetoric, targeting of developing an action plan to implement a law. minority groups, and the growing appeal of right- This focus on legislation underpins the long- wing nationalism – the fall-out of which we are still term approach towards integration and social experiencing today. cohesion advocated by every High Commissioner.

9  An approach rooted in a shared conviction that institution? Such questions also exposed the inclusive policies and laws that build bridges, not heightened security threat within the OSCE region walls, between minority and majority communities during this uncertain interim period. are more likely to result in sustainable peace and security. Within the institution of the HCNM we While the OSCE German Chairmanship clearly are convinced that, with the right elements in place, stated that in the absence of a High Commissioner, governments can create positive conditions for there could be no appointment of an interim High integration, which is effectively an insurance policy Commissioner, there was a need to continue the against the polarization of society and inter-ethnic regular work of the office, including projects, conflict. Bringing communities together - not driving engagement with partners, making good on previous communities apart - is the key to resolving conflicts. commitments, maintaining its technical capacities and further developing the thematic work of the Entering uncharted waters office. In this regard, as the Director, I was able to While reflecting upon my time in the institution, let ensure that activities were not disrupted and to take me use this opportunity to explain in more detail all those non-political decisions which the High the gravitas of the High Commissioner’s role as well Commissioner would normally make. For example, as the highest degree of autonomy attached to the if the office was requested by a participating State to position. provide legal advice, this could be carried out also in the absence of an appointed High Commissioner, The High Commissioner’s mandate is personal; it albeit without his imprimatur. During this period, the resides with the individual, not with the institution. It Officer-in-Charge also ensured that the institution is also one of ‘conflict prevention and early warning’ remained fully functional with the capacity to and as such falls within the politico-military sphere support a newly appointed High Commissioner. of the OSCE. For this reason, the OSCE High Commissioner is empowered to visit any OSCE As Officer-in-Charge, I enjoyed excellent co- country, without restriction, and has full autonomy operation with the participating States and with all to deal with conflict prevention as he or she deems partners and stakeholders and I wish to extend my necessary. From the outset, this has enabled the High personal thanks to all those with whom I worked Commissioners to move freely, act swiftly, and deal during that time. The understanding for the delicate effectively with any sign of tension involving national situation which was extended to all HCNM office minorities, without impediment or interference. staff during this uncertain period is testimony to the good will enjoyed by the institution and the During my time as Officer-in-Charge in the absence high esteem in which the office is held. The support of a serving High Commissioner, some questions that I received from both the German and Austrian were raised about the institution’s role during this Chairmanships-in-Office during this period, as well interim period. If an imminent crisis involving as the OSCE Secretary General – who is now the national minorities were to be identified, what steps serving High Commissioner - was indispensable. should (and could) the Officer-in-Charge take? As the result of the support which I received I was To what extent would Governments be willing able to make substantial progress with a number of to co-operate with representatives of the HCNM projects during my term in office, such as the work

10  HCNM at 25: Personal Reflections of the High Commissioners

on the Graz Recommendations on Access to Justice and National Minorities, which were subsequently launched in November 2017, the 2016 Max van der Stoel Award ceremony, and the initiation of preparations for the upcoming guidelines on national minorities in the digital age, which is due to be published at the beginning of 2019.

Over the years, successive High Commissioners have demonstrated their effectiveness in the area of conflict prevention and, in so doing, gained the trust of governments and national minorities alike throughout the OSCE area. It was thanks to the strong legacy left by the former High Commissioners that the institution was able to perform a number of functions on a non-political basis, without hindrance and with the full co-operation of the OSCE participating States.

In light of the above, I wish to pay tribute to the strength and resilience of the HCNM institution and all those affiliated to it, past and present. The institution is a credit to the collective wisdom of the OSCE participating States who have appointed the various High Commissioners as well as, of course, to the actions and choices made by the High Commissioners themselves, and the dedicated staff who have worked to inform and support them. As I approach the end of my tenure, I am in a position to reflect upon the unusual directorship I had during this difficult time. I consider it an honour and a privilege to have been invited to serve as Officer-in-Charge during this critical period and am grateful to have been given the opportunity to drive the work of the institution forward without interruption in anticipation of the arrival of a new High Commissioner.

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Looking Back, Looking Forward: Reflections on Preventing Inter-Ethnic Conflict

Max van der Stoel High Commissioner on National Minorities (1992-2001) Nationalism is alive and well. […] While the media focuses on one conflict, another one brews below the surface. A century marred by inter-ethnic conflict and excessive nationalism is only just behind us: but its legacy lingers on. What lessons can we take from the past and what are the prospects for facing ethnic conflicts in the future? Based on my eight years of experience as OSCE High Commissioner on National Minorities, I would like to share with you my reflections on preventing inter-ethnic conflict.

Although our world is changing rapidly, some of the fundamental issues that we are facing today are those that theorists and practitioners have been struggling Max van der Stoel was appointed as the first High with over the past one hundred and fifty years. These Commissioner on National Minorities (OSCE include protecting and promoting minority rights and HCNM) in 1992. Born in 1924, van der Stoel was a identities within multi-ethnic States, and reconciling senior statesman with a long distinguished career. claims for self-determination with the interest in Twice Minister for Foreign Affairs of the Netherlands preserving the territorial integrity of States. […] (1973-1977, 1981-1982), he was also a member of the European Parliament (1971-1973), the North Atlantic One of the defining characteristics of the twentieth Assembly (1968-1973, 1978-1981), the Council of century was the impact of excessive nationalism and Europe Consultative Assembly and the Western the clash between the principles of sovereignty and European Union Assembly. Between 1983 and self-determination. Wars were fought in defence 1986 he served as Permanent Representative of the of these principles; States have been created and Netherlands to the UN and in 1991 he was awarded broken up in their name; ideologies have been driven the honorary title of Minister of State by Her Majesty by them; and millions of people have been expelled Queen Beatrix of the Netherlands for his exceptional or killed either fighting for, or being victimized by, accomplishments. In 1999 van der Stoel received the nationalistic or ethnically-based ideals. As a result, Order of the Golden Lion of Nassau; the first citizen of one legacy of the twentieth century is that we almost the Netherlands to receive the award since 1919. automatically associate the word “ethnic” with conflict.

13  Preventing violent ethnic conflict But applying these standards is not a matter of What can we do to reverse this trend? How can we scraping over the bar for the sake of appeasing face, or better still prevent, violent ethnic conflict? I the international community. The message that I believe that there are three main considerations. The try to convey to Governments is that they should first is the need for a strong legal basis for minority implement their commitments not because they rights protection. The second requires finding have to, but because it makes sense. Minorities are imaginative solutions for integrating multi-ethnic not going to go away. Marginalizing or ignoring diversity. And the third is to improve our techniques minorities risks isolating them from mainstream for assisting all groups in society to work towards society. If minorities do not feel like active and equal these ends. Related to this latter point is the need to members of the State, they will not act like active put greater emphasis on conflict prevention. and equal members of the State. They might seek to create their own parallel institutions and may tend The protection of minorities is centred on the to keep to themselves. This strengthens their sense protection and promotion of the human rights of of uniqueness or separateness and, by extension, persons belonging to minorities. If these rights the sense of difference between themselves and the are respected in a democratic political framework majority. There is a danger that this divisiveness based on the rule of law, then all persons, regardless can sow the seeds of distrust, suspicion and of ethnicity, language or religion, will have the misunderstanding – the worst case outcomes of opportunity and the equal right to freely express and which we know all too well. pursue their legitimate interests and aspirations. Conversely if minorities are given the opportunity to In addition to established human rights standards, be full and equal members of society and do not feel minority rights protection has been strengthened in that their identities are threatened, then the chances recent years by the OSCE’s Copenhagen Document of inter-ethnic tension will be greatly reduced. If and the Council of Europe’s Framework Convention ethnicity is depoliticized and politics is de-ethnized, for the Protection of National Minorities. These then one’s ethnic identity will not be an issue. Instead, standards have not been developed abstractly. They people from all communities will concentrate on reflect the common views and wisdom of experts and common interests and common concerns. Involving practitioners and above all governments who have minorities in society and protecting their rights and sought reasonable and fair ways of accommodating identities is therefore good governance. different identities and cultures while protecting the rights of individuals. Accepting the multi-ethnic reality Because few modern States are ethnically To be effective, these standards have to be applied. I homogeneous, legal and political frameworks should think that many OSCE States are heading in the right be devised to reflect the multi-ethnic reality rather direction. The fact that the respect for human rights, than the nation-state myth. This is especially the case including the rights of persons belonging to national where there are sizeable and concentrated minority minorities, is part of the European Union’s criteria for populations. For example, legislation, including admission of new members has made an important the Constitution, should be inclusive and stress impact on applicant States. civic rather than ethnic attributes. States should

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ensure that opportunities exist for minorities to of a proper knowledge of the State language. This have an effective voice in government. Minorities knowledge improves their economic prospects and should have opportunities to give input to decisions their possibilities to exercise civic and political rights. that affect them. There should be mechanisms Minority and majority interests can therefore be seen through which they can discuss their points of view as complementary rather than mutually exclusive. and opportunities for dialogue with government representatives. Because dialogue between the The same goes for culture. Persons belonging to government and minorities is seldom limited to national minorities have the right to express, preserve a single issue, it is important that these channels and develop their cultural identity free of any are established for the long term. A number of attempts at assimilation against their will. Of course, countries in the OSCE area have created government with equal rights come equal obligations. Minorities departments for minority issues, and have appointed must be good citizens and not pursue their interests Ombudsmen or Commissioners on Ethnic and to the detriment of the human and civic rights of Human Rights Issues. Several have also established others. minority consultative or advisory councils, either connected to legislative bodies or free-standing. Still, Integrating diversity may, in some cases, be well more needs to be done to have minorities adequately served by allowing for a certain amount of self- represented in the civil service, for example police government. There is a vastly unexplored range and local officials. of possibilities between assimilation on one hand and secession on the other that has yet to be fully Balancing minority and majority interests appreciated. More attention needs to be focused These ideas should not be seen as a means of on so-called “internal” self-determination whereby pandering to minority interests. Nor should they be self-government is arranged in such a way as to implemented in a superficial way that amounts to respond to the desire by a significant minority group little more than tokenism. Rather, the key is to strike a to have a considerable amount of control over its own balance between minority and majority interests that administration without challenging the sovereignty allows for all sides to enjoy their individual identities and integrity of the State. while realizing and valuing shared interests. Diversity is both desirable and possible For example, an effective language policy is one Accepting that integrating diversity is both desirable that concentrates on protecting the State language and possible, what can be done to assist this process? without limiting opportunities for use of minority The onus is on governments. They have the main languages. This is especially the case in education. responsibility to devise legislation and political On the one hand, the right of persons belonging to frameworks to protect and integrate minorities. national minorities to maintain their identity can only An overall integration strategy can be helpful in be fully realized if they acquire a proper knowledge of this respect. In this process, it is important for the their mother tongue during the educational process. government to send the right political signals and At the same time, persons belonging to national to involve minorities in decisions that affect them. minorities have a responsibility to integrate into Furthermore, promises that are given should be the wider national society through the acquisition kept. Statements of good intention which are not

15  fulfilled will erode the minority’s confidence in the Early information and careful analysis provide the government. This can lead to disillusionment and an background for early warning. Depending on the unwillingness to compromise in the future. Of level of threat to security, early warning should be course, this works both ways. Minorities must make followed by early action. This action does not have to full use of the opportunities available to them and be dramatic. But it has to be timely and it should get demonstrate that they are responsible partners. to the heart of the issues. My experience is that this is best done quietly and co-operatively. Furthermore, The international community can also play a role. one should take a step by step approach that creates a Multilateral monitoring of the compliance of States momentum for change. to their international commitments increases transparency. Support for specific projects can help While being sensitive to questions of culture, history to reduce tensions and build long-term stability. I and symbolism, I try to get the parties to concentrate think we sometimes underestimate the impact that on questions of substance. Nationalism feeds off targeted resources can have on preventing conflict. stereotypes and vague generalizations. If one can Resources are often dedicated to people in need, put these aside and look at the specific underlying either during or after a crisis. But we have to do more considerations, one can begin to pragmatically tackle to prevent crises from getting to that stage at all. That concrete issues in dispute. In the process, the parties requires political will, but also investment. It is hard might even discover that their respective positions to quantify successful preventive diplomacy because are not as far removed from each other as they may if it works nothing happens. But it is certainly easy have thought. And if they are, they often welcome to spot failure. Therefore although investment in outside assistance in finding common ground and conflict prevention may not be glamorous and building consensus. may take years to pay dividends, it is money very well spent. This is not the case when parties or individuals have no interest in compromise. Extreme nationalists Integration is a long-term process often stick to their guns (sometimes literally) because Of course, integration is a long-term process and compromise would undermine vested interests which there may be setbacks along the way. We must often have nothing to do with ethnicity. National therefore be vigilant and committed to preventing or ethnic arguments often mask interests of power, any tensions involving national minority issues which prestige and resources. In such cases, we have to have the potential to develop into conflict situations. be careful to make a distinction between populists, My philosophy over the past eight years has been demagogues, extremists and their followers on one that the sooner we head off smouldering disputes, hand and the silent majority on the other. Efforts to the better the chance that we will prevent them condemn all members of an ethnic or religious group from igniting into full-scale conflicts later on. The because of the actions of a few may not only infringe longer the fuse burns, the more entrenched positions on their rights, but may create the very conditions become and the harder it is to undo the damage. that extremists thrive on.

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Rethinking the meaning of sovereignty and continue to assist and monitor the process of Bearing that in mind, my goal has been to find implementing legal and political reform. We must common ground among the parties. I try to get also follow-up early warning with early action. Governments to stretch the bounds of the politically We cannot simply hope that when there are clouds on possible while reminding minorities to keep their the horizon they will disperse. I do not want to sound demands within the realm of the probable. During my like a Cassandra, but I want to warn against the view visits and in my recommendations I try to indicate that excessive nationalism is a by-product of post- possible compromise formula and explain that Communist transition and as we move out of that protecting the interests of one group does not have to phase, nationalism will fade away. If that is true, how come at the expense of another. does one explain recent election results in Bosnia and Romania? Or the evident rise of xenophobia and Looking back, I hope that it can be said that my office racism in many European countries? Or persistent has been able to play a useful role in taking early separatist movements in some countries? Or the action on issues that could have exacerbated inter- assertive tendency of some countries to defend the ethnic tensions. Of course, the successful outcome interests of their kin abroad while neglecting the of my intervention depends on the willingness of the role that international organizations can play in this parties to take to heart and implement the advice regard? Or the continued suspicion among certain that I give. I see my role as that of a conciliator and ethnic communities that their neighbours cannot be catalyst. I think that the flexibility of my mandate trusted? There is no end of Nationalism as there is no has allowed me to be inventive in my approach. The end of History. We will be facing ethnic conflict for intrusiveness of my mandate has allowed me to play some time to come. […] an active and legitimate role in the internal affairs of States. Constructive, long-term engagement has To conclude, there are many issues across the OSCE helped to ensure that States stick to and implement area that concern national minorities. I cannot deal their commitments. with them all, nor does my mandate oblige me too. I must concentrate on those that have the most direct But I must admit that it is a bit discouraging to bearing on security. I have also learned to expect the think that my workload has not decreased in the unexpected. […] last few years. That is why I would caution against any complacency about the reduced threat of ethnic Over the past few years, we have learned a great conflict. There is a certain wishful linear logic that we deal about the symptoms of crisis situations, the are all progressing in the same direction according characteristics of nationalism, techniques for to the good intentions of high-level international conflict management, and priorities for post-conflict documents. That certainly is the goal, but reality rehabilitation. I’m sure further ideas will develop […]. sometimes has a nasty way of interfering. There is no guarantee that we will continue moving in the My hope is that in the years ahead, issues of right direction. We must therefore keep an eye on ethnicity and nationalism will not only be better any back-sliding on minority rights protection understood, but more effectively addressed. They

17  will become part of the normal discourse rather than sources of conflict. This will not only require a greater emphasis on conflict prevention, but also a change in thinking about the traditional paradigm of the nation- State and the meaning of sovereignty.

Footnote: This article is an abridged version of an address given by High Commissioner Van der Stoel to the International Conference on “Facing Ethnic Conflicts”, on 14 December 2000, in Bonn, Germany entitled “Looking Back, Looking Forward: Reflections on Preventing Inter-Ethnic Conflict”. It is also published in full in Peace and Stability through Human and Minority Rights, Speeches by the OSCE High Commissioner on National Minorities. Edited by Wolfgang Zellner and Falke Lange. (2001) NOMOS Verlagsgesellschaft, Baden Baden, Germany, ISBN 3-7890-7335-0.

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Reflections on the Practices and Philosophy of the HCNM

Rolf Ekéus High Commissioner on National Minorities (2001-2007) When the first High Commissioner on National Minorities Max van der Stoel ended his term in office in 2001 he left a unique set of principles and practices in place for his successor. In the following reflections on my work as HCNM, I highlight some of the operational activities I carried out which reflect not only the practices but also the philosophy of the High Commissioner. I also show how various HCNM Guidelines and Recommendations helped with this process. Throughout my term in office, I systematically recruited a team of brilliant, thoughtful and hardworking collaborators, committed to the principles of human rights and conflict prevention: I am deeply grateful to them for their work. I must also Swedish diplomat Rolf Ekéus assumed the position express my satisfaction and happiness that the OSCE of OSCE High Commissioner on National Minorities selected an outstanding diplomat and politician, Knut in July 2001, taking over from Max van der Stoel Vollebæck, as my successor. In that way, the unique of the Netherlands who held the post for more than task of the HCNM could be preserved and extended eight years. Ambassador Ekéus has a long and distinguished career in the Swedish diplomatic service. Let me begin with the special skills I inherited as During his forty-year career he has served his country High Commissioner on National Minorities in 2001. in Bonn, Nairobi, New York, The Hague and, more These were based upon the physical presence and recently, was Swedish Ambassador to the United the concrete operational capability which could be States. He was active in the CSCE during the period developed in harmony with a standard-setting body of post-Communist transition. He headed the Swedish such as the Council of Europe. A major step was delegation to the CSCE from 1988 to 1992 and played taken in spring 2004 when I, as HCNM, approached a key role in drafting the Charter of Paris for a New the Irish EU Presidency and advocated a new Europe (1990). formulation of the language concerning minorities for the accession criteria for full membership of the EU. It was a pleasant surprise, therefore, when on 8 June 2004, the Heads of State and Government

19  reformulated Article 2 of the Constitution I aim to highlight the operational activities as well accordingly: “The Union is founded on values of as the philosophy of my work by placing them in respect for human dignity, liberty, democracy, the geopolitical context of the time and describing equality, the rule of law and respect for human rights, the interventions I initiated to reduce inter-ethnic including the rights of persons belonging to national tensions. minorities.” In few places have the limits of ethnic tolerance On the invitation of UN Secretary-General Kofi been more tested than in Estonia and Latvia. The Annan, I made the following proposal in a meeting territory of these two States, independent and in September 2006 at the United Nations on behalf sovereign during the period between the two World of global minority rights. “Safeguarding respect for Wars, was drawn into the war, annexed and included human rights is the fundamental and effective means as republics in the Soviet Union. During the rule of preventing conflict. It is not only the right thing to of Stalin up to 1953, but also thereafter, a brutal do, it is the wise thing to do. The overarching term Russification was executed in Estonia and Latvia. “universal human rights” includes minority rights, Estonians and Latvians were deported to Siberia both as regards language, culture and religion as and other remote parts of the Soviet empire. Others well as the right to freely participate in the political, managed to take refuge in the West. At the same economic and cultural life of the State in which they time, a large number of Russians moved in, taking reside. Respect for minority rights is thus an essential over houses, land, property and farms, Russian factor for conflict prevention and peace. The decision became the official language, and human rights were by the OSCE (CSCE) participating States to establish ruthlessly suppressed. the HCNM was thus a step to create an instrument of conflict prevention and peace “acting independently With the collapse of the Soviet Union, Estonia and and in confidence”.” Kofi Annan, in his special Latvia (and Lithuania) declared themselves as free report to the UN General Assembly in 2006 on the and independent States. At that moment they found prevention of armed conflict, went on to highlight the themselves with large Russian-speaking minorities – HCNM as an important international instrument for Latvia with more than 40% of the population. The free conflict prevention. States faced the challenge of establishing a national identity in a democratic Europe. Estonian and Latvian New States, new national minorities and had to be established as national languages, which the the challenges of democracy courts and authorities had to use instead of Russian. To execute my mandate of conflict prevention The school curriculum had to be changed. History effectively, I worked directly with Governments and and geography had to be cleansed of Soviet/Marxist representatives of national minorities throughout dominance. The police force, prosecution offices the OSCE region. My conflict prevention mandate and judiciary, which had been the instruments for took me to a number of newly independent States oppression by the old regime, had to be reformed. in Europe and Central Asia. Many of the national These almost dramatic changes created new political minorities that I worked with had only recently and moral complications. In Estonia and Latvia, as acquired this status due to the realignment of in so many other parts of the former Soviet power borders in Europe during the 1990s. In this paper sphere, new national minorities have emerged, and

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therefore questions of the rights of minorities have actively to acquire the necessary Latvian language come to have a considerable influence on peace and skills, at the same time safeguarding the status and security in our contemporary Europe. protection of the Russian language in Latvia.

Despite the complex problems facing Latvia My visit to Latvia in February 2004 coincided with during my years as HCNM, the problems were a government crisis on the language issues, ending successfully identified and progress was made, with a compromise that a maximum of 60% of the albeit slowly. In 2006 the two-person expert group I curriculum would be taught in the State language in had commissioned to help improve the capabilities the minority schools, though the ministry did little to of the State Language Inspectorate presented implement this. At the time, I noted a radicalization their report which was well received and lead to of the Russian-speaking community, where the effective implementation. Meanwhile, President leaders refused to discuss any sort of reform. Also Vike-Freiberga continued her strong support to the public statements by Russia hardened towards HCNM as an independent institution working in Latvia in support of the Russian minority in Latvia. strict confidence. During this period, Russian officials In that situation I supported President Freiberga’s warmly approved of my work in Latvia on issues of action plan aimed at strengthening the quality of the the Russian-speaking minorities and their education minority schools. Conversely, the good news in this and language problems. tense situation was that the number of applicants for naturalization increased rapidly. Protecting the linguistic rights and citizenship of national minorities A most remarkable development which took place Following independence, citizenship for the (Russian) during my time as HCNM concerned the Meskhetian minority population who had settled in Latvia during communities in the Russian federation, especially the Soviet period was not automatic. Moreover, regarding the 20,000 persons living in the Krasnodar knowledge of Latvian became a firm requirement Krai region in Southern Russia. In a letter to the for citizenship. This language requirement was Russian government in April 2002 I raised my somewhat eased on the recommendation of High concern about such difficulties for the Meskhetians Commissioner Van der Stoel in April 1991, but this in the region as tensions, intolerance and lack of later led to difficulties among the different Latvian citizenship. There were questions about repatriation, political fractions. Disputes over language such as voluntary or non-voluntary, of Meskhetians to this inspired the publication of The HCNM Oslo Georgia or to relocate them to northern Russia. Recommendations regarding the Linguistic Rights of Meshektians were characterized in negative and National Minorities (1998). During constructive talks stereotypical ways. Nor did efforts to integrate them with Latvia’s government, I expressed understanding in Krasnodar Krai work. for the legislation that made individuals who had collaborated with the State Security Organs during I followed the Meskhetian situation and co-wrote a the Soviet era not legally eligible for elections to the letter to President Putin with the Council of Europe Parliament. In conversations with the major Russian- and the UN High Commissioner on Refugees in speaking NGO I managed to reach an understanding September 2003, expressing concern about the lack of that the Russian community was ready to work citizenship and security of the Meskhetians. During

21  my visits to Georgia I noticed that the authorities in Russia did not improve. Russian nationalism was remained reluctant to address the issue of the return on the rise fueled by the government-cultivated sense of Meskhetians to Georgia. However, my joint of Russia’s resurgence and general anti-immigrant initiative with the above-mentioned institutions sentiments within the Russian society at large. Officials activated the American refugee programs. When and Russian non-governmental agencies told me that I arrived in Moscow in May 2005, the American local confrontations were not rooted in inter-ethnic Embassy announced that the large majority of problems only, but in their opinion were generated Meskhetians in Krasnodar Krai would be free and by the inactivity of the local police, when migrants welcome to move to the United States, a remarkable from North Caucasus monopolized local trade. I success when practically all the Meskhetians took responded to that in 2007 by introducing to the the opportunity to move, thus liberating themselves Russian authorities the HCNM Recommendations on from harassments in Russia by local paramilitary Policing in Multi-Ethnic Societies, an initiative which (Cossacks) groups. Russian pressure on Georgia to was well received by the authorities which requested accommodate Meskhetians from Krasnodar Krai was my assistance with expertise, a proposal which I also lifted. welcomed.

Similarly, in Serbia, I focused on South Serbia due to the fragility of inter-ethnic relations and the Albanian majority in the region. The Albanian leaders in Serbia tended to call this region “Eastern Kosovo”, thus clearly indicating their ambition to incorporate that territory into Kosovo. Here too, in addition to my practical contribution to the OSCE mission’s project in the field of inter-ethnic police work, aiming at community policing, I also strongly recommended the use of the HCNM Recommendations on Policing in Multi-ethnic Societies and thus provided valuable insights both to the OSCE Mission and, most importantly, to Serbia’s new Ministry of Interior. In addition to this, I also focused on schooling for Meskhetians Salim Khamdyev (left) and his wife Fatima at their the Albanian national minority to further their home in the village of Abastumani, Samtskhe-Javakheti region, integration into Serbian society. My office also Georgia, 9 July 2008. (© OSCE/Pavlo Byalyk) created a project in South Serbia to develop a history curriculum for Albanian language schools, something HCNM Recommendations on Policing in that was warmly received by the leaders of the Multi-Ethnic Societies Albanian political parties. Although, during my six years as HCNM, I experienced a fundamentally positive attitude towards my office, I noticed that the independent Russian experts I met considered that the inter-ethnic situation

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of neglecting majority-minority relations, escalating tensions and open conflict. My first visit to Kosovo took place in May 2005 when I met with representatives of the Provisional Institution of Self Government (PISG), the United Nations Mission in Kosovo and the Serbs in Kosovo. I had decided that after the 1999 conflict it would be unwise by me to rush in, bearing in mind the numerous international actors already involved. However I agreed with the UN Secretary-General’s Representative that I as High Commissioner had an important role to engage Belgrade for a constructive dialogue on the protection of the rights of all communities in Kosovo. The HCNM Recommendations on Policing in Multi-Ethnic In my earlier meetings with Serbia’s Prime Minister Societies are widely used throughout the OSCE area by Kostunica I had convinced him of the importance governments and law enforcement authorities alike, Kyrgyzstan, of my engagement in Kosovo and at the same time February 2006. (© OSCE) raised the issue of a reconciliation process. Kostunica was cautiously in favour in the context of protecting In Georgia too, on Prime Minister Noghaideli’s minorities. request, we developed concrete projects for the implantation in Georgia of the HCNM The Kosovo majority of Albanians accepted the Recommendations on Policing in Multi-Ethnic principle of majority rights and integration, but Societies. We also launched a number of successful insisted that “the minority should learn the language HCNM projects in Samtskhe-Javakheti which of the majority, not the other way around.” The improved language education for civil servants, HCNM toolbox of solutions I presented to the supported Georgian as a second language, supported different parties appeared not to be easily applied Azerbajani as a mother tongue, and managed inter- in Kosovo where complete separations, segregation ethnic relations. The HCNM “Re-broadcasting and parallel structures were the name of the game. I Project” also provided a daily translation of the immediately saw that the best that could be achieved Georgian national news into Armenian and Azeri seemed to be “living side by side” and proposed languages for the populations of Javakheti and Kvamo that the two sides should focus on education. There Kartli. For the remainder of my term as the HCNM, had been no teaching in the Serbian language there was noticeable progress in the Samtskhe- in Albanian schools and no courses in Albanian Javakheti situation, resulting in harmonious relations language in Serbian schools. Slightly better, from between Tbilisi and the Armenian minority. my perspective, was that persons belonging to minorities had been employed in the public service The need for ‘quiet diplomacy’ and including the police and the judicial system. confidentiality in the reconciliation process There followed a complex reconciliation process The first High Commissioner, Van der Stoel, had involving many meetings held under my mandate focused on Kosovo long before the 1999 conflict. That of confidentiality and with the assistance of the event was a negative example of the consequences

23  International Centre for Transnational Justice (ICT) The situation in Uzbekistan also caused concern, an international NGO which I had engaged to assist especially the effects of rising Islamic fundamentalism with the difficult reconciliation process. Issues and endemic social-economic problems which would such as different types of reparations to victims, lead to a major destabilizing effect on the entire truth-seeking mechanisms (such as the South region. African Truth- and Reconciliation Commission), institutional reforms including vetting procedures and fair criminal trials were all discussed. By identifying mechanisms to further promote reconciliation and transitional justice, participants were then able to identify areas of common concern and to explore them jointly and more deeply.

Although there was no consensus in the end, some common issues arose: missing persons, criminal prosecution, the need for a truth commission (the South African model) and possible reparations, all these were seen by participants as areas that could Rolf Ekeus (left), OSCE High Commissioner on National help promote inter-ethnic reconciliation. Minorities, speaks to Ambassador Miroslav Jenca, OSCE Project Co-ordinator in Uzbekistan, at a conference on minority Central Asia’s struggle with the rise in education in Central Asia, Tashkent, 28 November 2006. (© OSCE) fundamentalism My work in Central Asia was dominated by Much later, In November 2006, I managed growing security concerns, caused in part by together with the Uzbek government, after years of the rise in Islamic fundamentalism across the consultations with all the different Central Asian region. Concerns about the treatment of Russian States, to launch in Tashkent a ministerial conference, minorities in Kyrgyzstan and Turkmenistan were where all the participants agreed to establish a also raised. Especially problematic were the shortage structural process of co-operation around concrete of Russian schools, broadcasting and newspapers issues, such as teacher-training and text-book and, especially in Turkmenistan, dual citizenship. development. Thereafter, a series of working group Two other problems were apparent. One was the meetings for this purpose were launched, once again growing Islamic fundamentalist nature of Kyrgyzstan, demonstrating the benefits of being open to dialogue undermining any democratic process, and expanding when inter-State tensions arise. through the establishment of a large number of sunni madrassas schools. The other was the hardship for the large minority of Tajik (shia) ethnicity. With that in mind I emphasized the risks for serious confrontations in the longer perspective between Uzbekistan and Tajikistan.

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The State’s Responsibility to Safeguard Minority Rights: Building a Stable, Cohesive Society from the Ground up

Knut Vollebæk OSCE High Commissioner on National Minorities (2007-2013) When I took up my position as High Commissioner in August 2007 I was reminded of my work as Primus-inter-Pares of the OSCE Panel of Eminent Persons in 2005. The Panel was set up to look into the possible restructuring of the OSCE and how it could carry out its mandate more efficiently. At the presentation of the Panel’s recommendations at that time, it underlined that we should always remember that “OSCE values and commitments are the bedrock on which the Organization stands”. If the OSCE participating States did not show willingness to stand by their values and commitments, any reform would be futile.

Ambassador Knut Vollebæk (Norway) has held When I came to Vienna with my first budget numerous prominent positions during his illustrious proposals for the year 2008, I referred to this basic career. Immediately prior to being appointed OSCE understanding and told the participating States that High Commissioner on National Minorities in July a consistent and effective implementation of these 2007, he was Norway’s Ambassador to the United standards throughout the OSCE area was needed. States and had also served as Norwegian Minister Throughout my six years in office, I was reminded of Foreign Affairs as well as Chairman-in-Office of of the fact that without the political will of the the OSCE. His academic qualifications include a participating States to uphold and implement these Masters in Economics and a Bachelor’s in Political standards, the work of the HCNM becomes almost Science from the University of Oslo. He also did a impossible. The mandate of the HCNM is uniquely post-graduate study at the University of California apt and strong. However, the High Commissioner’s in Santa Barbara and studied French and Spanish in efficiency depends on the will of the participating Paris and Madrid respectively. States to make good use of such a unique instrument.

25  Ensuring respect for minority rights: the role of the State In my first report to the OSCE Permanent Council I underlined that I saw the OSCE participating States as the most important guarantors for ensuring respect for and full implementation of minority rights. Without well-functioning, democratic and accountable States, based on the rule of law, the rights of persons belonging to national minorities to enjoy their own culture, to profess and practise their own religion, or to use their own language are likely to be violated. I also reminded the participating States that failing to protect minority rights would make minorities vulnerable and increase the potential for conflicts.

During my first weeks in office I travelled to South- Eastern Europe, Central Asia and Georgia because of the high priority I attached to the situation there. The complex legacy of the States coming out of the Soviet Union and the former Yugoslavia resulted in High Commissioner Knut Vollebæk visits a school in Farap, long-term challenges for these countries in building in the Lebap region of Turkmenistan, 20 May 2008. cohesive societies where both ethnic majorities and (© OSCE/Odd Magne Ruud)

minorities feel at home and at peace with each other. The break-up of the Soviet Union and Yugoslavia This concern inspired the development of the created a number of multi-ethnic States, where Bolzano/Bozen Recommendations on National the majority in one State was the minority in the Minorities in Inter-State Relations which I launched neighbouring State. Thus, at my first appearance the following year. My predecessor, Ambassador before the Permanent Council I expressed my Rolf Ekéus, had done much of the ground work in concern that tensions stemming from inter-ethnic preparing for the Recommendations. From the very issues in individual States could have a negative outset of my mandate I realized how the question impact upon inter-State relations too. of national minorities in the context of inter-State relations was likely to become excessively politicized and give rise to tensions and outright confrontation. Both my predecessors and I saw the need for greater clarity on how States should pursue their legitimate interest with regard to national minorities abroad without jeopardizing principles of good neighbourly relations.

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Balancing rights and responsibilities As I carried out my mission these guidelines proved The main message of the Bolzano/Bozen their validity, but were challenged time and again. Recommendations was – and is – that protecting Relations between many participating States were national minorities is primarily a responsibility of strained by the real or perceived understanding the States where minorities reside. At the same time, that the basic rights of a minority with links to a other States may have an interest in the well-being neighbouring State were under threat. This resulted of minorities with whom they are linked by bonds of in the minority looking across the borders for kinship, language and history. This interest, however, support. The minority was understood not to be has to be curtailed by the principles of territorial loyal to the State in which its members resided and integrity, sovereignty, protection of human rights, were citizens. It also raised concern in the kin-State including minority rights, and non-discrimination. in government circles and among ordinary citizens The Recommendations outline the balance between and provoked different types of interference, and in rights and responsibilities and describe multilateral some cases even military interventions. On some and bilateral instruments and mechanisms for dealing occasions I organized more or less confidential with contested issues involving national minorities dialogues between neighbouring States. Some of and inter-State relations. these processes provided a platform for direct contact between governments and created an atmosphere of I believe that the main messages of the confidence where relations improved. Recommendations are as valid today as they were when they were issued in 2008. I am also convinced As cross-border accusations of human rights that some of the conflicts involving neighbouring violations became more serious, particularly those States that happened on my watch, and immediately of kin-minorities, I undertook studies among ethnic after, could have been avoided had these principles minorities to ascertain the facts and how they been adhered to and if the HCNM had been used to perceived their situation. Such studies should not its fullest. result in direct comparisons because the history and context might vary greatly from one country A State’s interest in extending benefits to persons to another. However, these studies did illustrate residing abroad, albeit not being prohibited, should the overall importance of creating an environment not be unilateral nor fuel separatism. The Bolzano/ where minorities do feel that they belong and are an Bozen Recommendations emphasize that conferral integral part of the society in which they live. If that of citizenship to persons residing abroad is one of is not the case, marginalization might lead to internal the most common causes of tension and conflict resentment and conflict, and the minority looking for and should only be done in strict adherence with support across the border. the principles of good neighbourly relations and territorial sovereignty. It is clearly stated that kin- Integration of society: a complex, States cannot give passports to citizens of another cross-cutting policy field State and then expect to claim protection for a This is why the Ljubljana Guidelines on Integration particular group of their citizens on the territory of of Diverse Societies were launched in 2012. The that State. Guidelines address the situation in countries with historic ethnic minorities, but in my view they are

27  equally relevant to situations where a State is dealing rights and privileges trumped the willingness to with the so-called “new minorities”, namely new use the instruments available to handle acute and immigrants with no historical roots in the country. complex situations that could result – and in some My introduction to the Guidelines states that none cases already have resulted – in societal conflicts. of the numerous ethnic conflicts that erupted in Integration is one of the main challenges facing post-Cold War Europe were inevitable. “They are national and local authorities today and promoting a consequence of political choices that could have the Ljubljana Guidelines is well worth the effort. been different. Such conflicts are frequently rooted in the denial of basic rights and in the systematic In March 2013 we celebrated twenty years of the and/or systemic exclusion and alienation of entire HCNM. In my speech on that occasion I referred communities”. I believe this is the most important to the remarkable transformations that Europe had lesson to learn for the authorities in present-day seen, particularly in post-Communist countries. societies, whether you call them multi-ethnic, However, I also underlined that some of the pluralistic or multicultural. Integration of society is a fundamental challenges that the HCNM was set up complex and cross-cutting policy field. to address remain the same: aggressive nationalism; the deep prejudice, intolerance and hatred that As the Ljubljana Guidelines are the result of the work I saw manipulated by ethnic entrepreneurs and experience of all High Commissioners from 1992 eager to score easy political dividends; and the onwards, it was my hope that they could provide separation of communities along ethno-cultural policymakers with guiding principles and practical lines that persists and threatens the very fabric of advice on how to elaborate and implement policies democratic and peaceful politics. I am certain that that facilitate the integration of diverse societies. the High Commissioner of 2018 could have said exactly the same. The mandate of the HCNM comes out of a situation of conflicts between a majority and “traditional” Conflict stems from political choices minorities. In that respect it aimed to prevent Looking at the situation, both past and present, I am and solve situations between ethnic groups that convinced that it is possible to avoid conflicts. The had lived together for centuries. The mandate inter-ethnic conflicts that erupted in Europe at the also dealt with so-called kin-State issues, as we end of the Cold War were a consequence of political know from the Bolzano/Bozen Recommendations. choices. The same goes for the conflicts we witnessed When we launched the Ljubljana Guidelines I in the OSCE region in the years after. Such conflicts tried to convince the participating States that these are often rooted in the denial of basic rights and the guidelines would also be applicable to societies systemic exclusion and alienation of communities. facing an influx of “new” minorities, i.e. migrants, The preservation of peace and stability within and asylum seekers and refugees. It was hard for me to between States is inextricably linked to the protection understand the resentment from many governments of human rights, including minority rights. Therefore, to applying these Guidelines and also the negative the efforts being made today to undermine the attitude towards benefitting from the HCNM’s importance of the various human rights instruments experience in dealing with such integration issues established in the aftermath of WWII are a threat to in their countries. The fear of giving certain groups peace and stability in our region.

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As I travelled to innumerable small villages and met for the next elections. Unfortunately this attitude with local leaders and school teachers, an important also goes for the international community which is lesson for me was that conflict prevention, which reluctant to commit to long-term engagement. We we often associate with high politics and hard always ask for the exit strategy instead of looking for security, is best achieved by such arguably “soft” a strategy by which we can work together and build measures as education reform, targeted development sustainable peace. programmes, institution building and training. A cohesive and viable society has to be built from the Are the participating States losing ground. A house is only as stable as its foundation. interest in the HCNM? That does not mean that we need unanimity and Are the participating States losing interest in the consensus among people. But we do need to ensure HCNM? At the 20th Anniversary I referred to that people experience being heard and that they can the decision in Helsinki in 1992 to establish the participate in the decision-making processes and, institution. Rereading the decision from that time, it thus, remain loyal to the country in which they live. is easy to see that it was the combination of a strong belief in the merits of international instruments and an equally strong sense of urgency and looming crisis that spurred the leaders into committing to a very strong and very intrusive mandate. As I stated in my “farewell” address to the Permanent Council in July 2013, my conviction that the institution of the HCNM is valuable, effective and essential remains undimmed. The challenge both in 2013 and today is to preserve and protect against the dilution of what we have achieved already. While the manifestations of nationalism and inter-ethnic tensions change over time, the underlying challenge of maintaining inter- ethnic accord is constant. No State can ever fully achieve this once and for all. That is why I continued OSCE High Commissioner Vollebæk in a camp for Internally engaging with many of the countries where my Displace Persons (IDPs) run by the UNHCR near Gori, Georgia. predecessors had been working. It did not mean that September 2008. progress had not been achieved or that the situation (© OSCE/Simon Short) had not developed. This continued engagement was not a sign of failure, rather the ability to have a long- Sustainable conflict prevention also requires long- term engagement was – and is – part of the HCNM’s term commitment and perseverance. Often it seems strength. In a world of short attention spans and that the logic of politics is inconsistent with long- ever faster news-cycles, the HCNM has managed to term prevention trying to address the root-causes of remain consistent, persistent and relevant. societal rifts. Long-term efforts rarely generate high returns for domestic political actors who are at times most concerned with delivering quick results in time

29  Solutions can only be found if there is political will: HCNM stands ready to assist During my tenure as High Commissioner I experienced first-hand the consequences of rising nationalism, political extremism and xenophobic rhetoric for relations both within and between participating States. I had seen that internally, the polarizing rhetoric created an environment less welcoming of diversity, adversely affecting minority groups. I observed this trend infecting mainstream political parties too, with politicians competing for votes on issues such as immigration and integration. Already at that time parties on the political fringes managed to shift the political centre of gravity by shaping the debate on individual policy issues, a tendency that continues today. In this way, radical agendas have gained an outsized influence on our political debates. I continued pointing to the fact that the trend also affected inter-State relations. “When politics becomes a matter of ethnicity and national politics spills over State borders, it is likely to provoke a negative reaction in the neighbouring States. Another symptom of this is when States are more interested in minorities abroad than at home”.2

The challenges are the same today as they were when I left the HCNM. In order to move forward and reduce tension, the OSCE participating States should acknowledge the challenges and, where possible, address them together. Ultimately it comes down to the political will of the participating States, collectively and individually. If there is a political will, solutions may be found. The HCNM continues to be a most valid instrument in assisting the participating States towards this end.

2 Statement made by High Commissioner Knut Vollebæk to the Permanent Council in Vienna (11 July 2013).

30  HCNM at 25: Personal Reflections of the High Commissioners

Challenges and Opportunities for the HCNM

Astrid Thors OSCE High Commissioner on National Minorities (2013-2016) The first days at HCNM One week before I began my work as High Commissioner in August 2013, my dear predecessor, Knut Vollebæk, released the “The integration of formerly deported people (FDP) in Crimea, Ukraine, needs assessment”. The prelude to this began over 70 years ago with the forced deportation in the 1940s of hundreds of thousands of Crimean Tatars, as well as Armenians, Bulgarians and Greeks, from Crimea to Central Asia. In the late 1980s, they had started to return. Initially some legislation was in place to prepare the conditions for reintegration, but this fell by the wayside and whatever limited economic support had at first been available for the returnees Before becoming High Commissioner in 2013, Astrid all but vanished. In the opinion of the HCNM Thors, a lawyer by training, was a Member of the there was a real danger that conflicts concerning, Finnish Parliament (2004-2013), the Grand Committee for instance, land and housing could lead to serious (2004–2007, 2011–2013), the Constitutional Law tensions in Crimea, and that is why monitoring Committee (2004–2007), and the Legal Affairs activities and a needs assessment were conducted. Committee (2004–2007). As Minister of Migration and European Affairs (2007-2011) Thors was responsible At that point in August 2013 I could not guess how for the Finnish migration policy, Finnish EU policy and much the situation in Crimea, and in Ukraine in relations with the autonomous region of the Åland general, would affect my time as High Commissioner. Islands. During her time as Minister a new law on The concerns in the early autumn of 2013 were very integration was adopted and the administration of different from what was to come. At this stage we had immigration affairs was further developed. From difficulties because of efforts in Ukraine to block the 1996-2004 Thors was a Member of the European presentation of the findings of the needs assessment. Parliament, and a member of the JPC with Slovakia Persons who would later emerge as prominent (1997–1999) and Latvia (2002–2004), respectively. She advocates for the Crimean Tatars were among those was appointed Officier de la Légion d’honneur of France who did not support our attempts to present the in 2012, Commander of the Order of the White Rose of findings. Moreover, representatives of the HCNM Finland in 2009 and recieved the Grand Cross of the who tried to introduce the report also struggled to Royal Norwegian Order of Merit in 2007. have their voices heard.

31  Before the regime change in Ukraine, in Kyiv only the The importance of education in Ombudsman, Valeriya Lutkovska and her office found conflict prevention merit in the assessment and were ready to study the In the summer of 2018, political tensions in Ukraine findings to see how the recommendations could be also spilled over into the education sector where implemented. the position of minority languages in primary and secondary education is currently under debate. This longstanding and in-depth knowledge of Crimea The Venice Commission (VC) issued an opinion was certainly an asset to the entire OSCE and the in December 20174, highlighting problems of international community as a whole, not only when implementation as well as questions of discrimination. the annexation of Crimea was taking place, but also in the years that followed. The knowledgeable experts Tensions in the education sector illustrate the highly in the office had in-depth insights into Crimea and political nature of education. Education is often a tool could thus make valuable evaluations of what was to build a State. For instance, teacher training institutes really happening. The same also applied to the whole are often the places where the building blocks for the of Ukraine; however, we sometimes struggled with National States were nurtured in the 19th and 20th over-simplified perceptions among internationals. centuries, and this is certainly still the case today. This Moreover, because anxiety among minority groups illustrates why education is considered to be one of the was open to misuse, the populations’ grievances were key factors in conflict prevention. sometimes ignored.3 Proof of the importance of education in conflict The crisis in and around Ukraine is an open wound in prevention is the fact that the first set of recommen- the midst of the OSCE area; more than 10,000 dead, dations issued by the HCNM were The Hague Recom- untold suffering among civilians, and more than mendations regarding the Education Rights of Nation- 1,000,000 internally displaced persons. Even today al Minorities, issued in 1996 in The Hague.5 the question of access to Crimea for actors in the field of human rights or conflict prevention remains Similarly, the first Thematic Commentary of the unresolved. This is also the case in what are called Council of Europe Advisory Committee for the ‘frozen conflicts’ or ‘grey zones’ which fall under the Framework Convention for the Protection of rule of de facto authorities and are not recognized National Minorities, the FCNM, was issued on by the international community. If anywhere, it is in Education in 20066. It is also worth mentioning that these places that access and objective assessments the Convention on the Rights of the Child contains are needed. provisions on the right of minority children to education and, equally, such provisions can be found in the UNESCO Convention against Discrimination in Education. 4 Venice Commission, or Commission for Democracy through Law, opinion 90272017 issued 11.12.2017 5 to be found at https://www.osce.org/hcnm/32180 3 More on my work in Ukraine can be found in the OSCE YEARBOOK 6 Council of Europe website, https://rm.coe.int/ 2017, pp 245-261, including a more general reflection on the years CoERMPublicCommonSearchServices/DisplayDCTMContent?docu 2013-2016 mentId=09000016800bb694

32  HCNM at 25: Personal Reflections of the High Commissioners

At the end of my term in office as High situations in different countries demand different Commissioner, I organized an event to mark the solutions. The Recommendations also stress the 20th anniversary of The Hague Recommendations7. importance of involving parents in the development The event brought together over 180 experts, of their children’s schools and in reforms to the practitioners, representatives of governments of educational system. participating States and organizations from 32 States. It aimed to highlight how the recommendations The implementation of The Hague Recommendations had been implemented and focused specifically on regarding Education and National Minorities is a current challenges in diverse societies and the role of mixed picture. Yet it should also be noted that the the education sector in this regard. thinking around it has evolved, both at the level of the HCNM and among other experts with an interest in education. The Ljubljana Guidelines on Integration of Diverse Societies have also had an impact on the advice given by the HCNM.

The challenges of diversity Education has one primary task: to equip youngsters for the future alongside the function of building the State. However many borders are closed, in the long run the world will be more interconnected with a need to understand other cultures and languages. Of course, it is in the interest of the minority child that the educational system gives him or her the necessary Left to right: OSCE High Commissioner on National Minorities tools to develop an identity of choice – one that is Astrid Thors, and Srđan Verbić, Serbian Minister of Education, often multi-layered - and to acquire skills that will Science and Technological Development during the 20th help in an ever changing labour market, including the anniversary of The Hague Recommendations regarding the Education Rights of National Minorities, The Hague, the right linguistic skills. Netherlands, 20 April 2016. (© OSCE/HCNM) Many international documents on education also In The Hague Recommendations a great deal of stress its role in increasing understanding, promoting emphasis is placed on efforts to ensure the rights tolerance and teaching children and adolescents of the minority child to an education in his or about human rights. her language. Based on educational research, these Recommendations stress that the medium Teaching should increase understanding: the of instruction in kindergarten should be the minority should learn about the majority and, vice child’s mother tongue, and that this should also versa, the majority should learn about the minority. preferably be the case in primary school. Of course the Recommendations also rightly note that I would argue that instead of the above there is often backtracking, meaning that history is now again more 7 https://www.osce.org/hcnm/234981 at the forefront as one of the areas where there is

33  the fight for souls. Would it be too blunt to say that started - no-one mentioned, no-one forgotten. The this is part of the new, and old, forms of warfare? institution is the first truly multilingual and multi- Different perspectives on history are forbidden in ethnic institution of higher education in southern an increasing number of European countries and Serbia, targeting both Albanian-speaking and their narratives are becoming more nationalistic. Serbian-speaking youngsters and youth. It also aims Patriotic education, not education to become world to improve the prospects of economic development citizens, is on the rise. Once again, this presents a in the region. challenge to the principles that are underlined as factors that contribute to peace and stability. Also very few textbooks directed towards the majority contain information about the national minorities or indigenous people residing in their country.

Participants at the event in The Hague in April 2016 to celebrate the 20th Anniversary of The Hague Recommendations unanimously agreed that there must be room for children to form their own opinion on historical events, and multiple narratives must be allowed. Omitting the minority perspective will only create tensions for the future. I also hope that a transition to more freedom for the teacher to decide on methods, and on emphasizing learning outcomes instead of simply learning from a certain textbook, will in the long run be the way forward. The new, permanent premises of the Bujanovac Department of the Subotica Faculty of Economics of the Novi Sad University, Bujanovac, Serbia, 17 November 2015. (© OSCE) As a positive example I would like to mention the multilingual Bujanovac Department of the Subotica When I followed the evaluation of the first years of Faculty of Economics of the University of Novi Sad the Bujanovac Department, it was so rewarding to see in Serbia. Yes, this is the correct name - and certainly the reactions of the students. It should be noted that I was initially somewhat amused by the complicated there was an increased interest among the Serbian structure of the establishment in charge of this higher students to learn Albanian - and the other way round. education, but similar complicated arrangements A positive interaction between the different groups to have an organization responsible for minority was also evident. higher education had also been established in my native country. Deciding upon the language of instruction: the challenges We should be very thankful to Knut Vollebæk who An expression often used for the HCNM is that we so successfully started the project, as well as all the try to say how things can be done, not only what partners who agreed to support the facility in order should be done so that the OSCE participating for the new premises to be built and the project to get States can fulfil their commitments to the OSCE

34  HCNM at 25: Personal Reflections of the High Commissioners

and others. A lot of work has been done together have no knowledge of the State language, do not start with the participating States to formulate practical teaching that language by reciting the works of the ways to implement, among others, The Hague national poets. Recommendations in areas such as the language of instruction in the education sector and the languages And finally, textbooks, which can also be a source that should be taught to minority children. of tension and corruption, sadly enough. Regional co-operation and bilateral arrangements with the The recent HCNM publication entitled Language kin-State could be a positive element, although Policy and Conflict Prevention8 carefully documents it is widely known that descriptions of borders, HCNM’s sustained efforts to introduce multilingual and of history itself, are in some cases obstacles to education in Central Asia. It underlines the many meaningful exchanges of textbooks. crucial conditions required for such a method to be successful; including good communication with With all this experience in education, it is no parents, with the minority community, with the local wonder that some actors actually saw the HCNM authorities and with the teachers. The interaction is as “The educational body of the OSCE”. Somebody necessary to convince stakeholders that there is no might have considered us to be ‘the softies’, working hidden agenda to deprive the minority pupils of the as intently as we did with the soft side of security. elements of education that are necessary for them to However, as I often reminded those around me at develop their identity and the right to be respected in the time: “Ministries of education are ministries for their country of residence. the future”. Without good education no country can survive. A persistent challenge with bilingual and multilingual education has been the tendency to introduce it too hastily without training the teachers adequately beforehand or allowing enough time to prepare good educational materials. This is a general observation that can apply to all of the participating States working with this method. In addition, the gradual introduction to children of new languages should be respected, which is not always the case.

In countries where the State language or the official language(s) are taught in a more traditional way as High Commissioner Astrid Thors (centre left) and Tetovo Mayor a separate subject, a deeper understanding of the Tueta Arifi (centre right) meet pupils attending an integrated extracurricular class organized by the Nansen Dialogue Centre fact that minority pupils should be approached with Skopje at Bratstvo Migeni primary school, Tetova, 9 December material adapted to their needs is sometimes missing. 2014. (© OSCE/Nansen Dialogue Centre Skopje) As once stated to me by an expert: with children who No sticks, a few carrots 8 Language Policy and Conflict Prevention, edited by Iryna Ulasiuk, Laurentiu Hadirca and William Romans, Brill Nijhoff publisher, Not only the education sector, but other branches of published 2018, see, for example, the article by Atanasia Stoianova and society can and should contribute to the integration Michael Angermann, pp 93-120

35  of societies. Here the institution upheld the best the benchmarks can easily be lower. Yet another knowledge of integration in times when the trend example of double standards in the EU system. within the participating States, as well as with the Council of Europe and the EU, was to forget about Conversely, the largest human dimension event in integration and to talk instead about combatting the OSCE region - the annual Human Dimension violent extremism and terrorism. The work done by Implementation Meeting (HDIM) - is one of the HCNM proved to be an inspiration when in 2016 the few occasions where minorities from countries not Council of Europe adopted the guidelines on human adhering to the FCNM or the Language Charter11 rights in culturally diverse societies9. have a possibility to voice their concerns.

The HCNM also continued to work with countries Challenges for the HCNM: the least known that were elaborating Integration Strategies, inspired institution of the OSCE family by the HCNM Ljubljana Guidelines, especially The HCNM is an instrument of ‘quiet diplomacy’, Georgia and Moldova. During these efforts it once of conflict prevention. In a world in which you exist again became clear how the aspiration for closer only if there are tweets about you and where dialogue relations with the EU can be a carrot. and diplomacy is often replaced by controversial loud statements, it is sometimes hard to get the attention Even though the formal entry of new countries to needed. The idea of ‘quiet diplomacy’ is often to give the EU was placed on hold by the EU Commission credit to other actors - you cannot publicly claim President Juncker in 2014, still the prospect of EU the success. And finally, how do you prove that membership and the Copenhagen Criteria of 199310, prevention really has happened? All these questions with the famous words “respect for human rights, are challenges for the HCNM. including respect for and protection of minorities” continued to play a role. Prevention is, once more, high on the international agenda, due in large part to the ‘programme’ of the During my years at the helm of the HCNM, a new current Secretary General of the United Nations, who form of kin-State policy became quite visible. Those has placed it at the centre of his actions. However, in countries inside the EU with kin-communities in order for conflict prevention to be successful, it really candidate countries or association countries, were must be the kind of prevention that the HCNM is quite active in suggesting benchmarks based on the doing - structural, at an early stage, and addressing Copenhagen Criteria. While it is the EU Council that the root causes. decides on the benchmarks, it is quite obvious that in the individual conditions or criteria now set for a The prevention work carried out by the HCNM specific country have visible signs of kin-State activism. could also be called mediation. There are many But if there is no kin-State linked to a minority, then forms of mediation nowadays; sometimes defined as different so-called tracks. The new tracks or forms 9 https://www.coe.int/en/web/human-rights-intergovernmental- of mediation are more and more involving many cooperation/-/protection-and-promotion-of-human-rights-in- culturally-diverse-societies 11 FCNM, see footnote 4 and Language Charter, in the European 10 Copenhagen critieriia for adhesion to the EU; adopted in 1993 by the Charter for Regional or Minority Languages of Council of Europe, European Council meeting in Copenhagen. see www.coe.int

36  HCNM at 25: Personal Reflections of the High Commissioners

non-State actors. However, mediation today can be And finally, the HCNM is working in the area of a crowded field when it comes to the international diversity, with a wealth of experience that is very valu- arena. On certain occasions it is also too much able also for the future. It might seem an uphill battle dependent on the financing timetables of donors at the moment, with so much nationalistic rhetoric and the benchmarks and deadlines they have set. and efforts to close borders. Other times will come, A lack of co-ordination by the donor countries is however, when there will be great demand for diversity in nobody’s interest. Here, much remains to be management. When these times finally return, this done for ensuring co-ordination and that the best is also an area where the excellent colleagues at the equipped body is the one that has the resources HCNM, whose company and advice I so much to the job. enjoyed, will continue to be in even higher demand.

One lesson I took on board at HCNM was that enough time cannot be spent on ‘marketing’ the HCNM to the participating States, at different levels. Of course, when I say ‘marketing’ I mean informing and discussing, and finding common diplomatic pathways in the best sense of the OSCE tradition. Such information could also help defuse both the impact of misusing kin-State policies, which in my mind creates additional obstacles for the work of the HCNM and in the long run is detrimental to those minorities in a vulnerable position.

The value of the institution’s independence cannot be over-emphasized. Without that independence it would not be possible to provide really early alerts, which are so much more valuable than the formal early warnings, about which there is an abundance of literature. When an early warning is about to be given by the HCNM, then this often indicates that other measures to prevent conflict have failed. But without the independence to look for information from all different sources, with the exception of those linked to terrorist groups, the institution does not have the potential to provide valuable information to all those with whom it is necessary to co-operate to make prevention effective.

37  Preventing Crises and Conflicts through Promotion of Integration of Diverse Societies

Lamberto Zannier OSCE High Commissioner on National Minorities (2017- present) The nature of conflict has changed dramatically over the last few decades. Conflicts between States have become the exception rather than the rule. On the other hand, we increasingly witness acute crises and hybrid conflict characterized by internal strife, sometimes in the context of failed or dysfunctional States; or violent separatism, in some cases accompanied by quasi-military operations affecting the civilian population. The practice of politicizing minorities abroad, which is sometimes used by kin-States as proxies in the context of local crisis or conflicts, is on the rise. In this context, efforts to prevent crises and wars, increasingly a priority for multilateral diplomacy, have become much more Ambassador Lamberto Zannier is OSCE High challenging. Achieving a balance between the Commissioner on National Minorities and has principles of protecting the sovereignty and territorial occupied this position since July 2017. Previously, integrity of States on the one hand and the right of he was OSCE Secretary General for two consecutive self-determination of peoples on the other – two three-year terms (1 July 2011-30 June 2017). Other pillars of the Decalogue of basic principles enshrined senior positions include UN Special Representative in the CSCE Helsinki Final Act – appears increasingly for Kosovo and Head of the United Nations Interim difficult, and this has become a factor leading to Administration Mission in Kosovo (UNMIK) (2008- widespread crisis and instability. 2011), Director of the Conflict Prevention Centre of the OSCE (2002-2006), Chairperson of the negotiations Preventing modern conflicts effectively on the adaptation of the CFE Treaty (1998-1999) and It is in this more volatile environment that the Head of Disarmament, Arms Control and Cooperative conflict prevention mandate of the OSCE High Security at NATO (1991-1997). Zannier joined the Commissioner on National Minorities becomes Italian Foreign Ministry as a career diplomat in particularly relevant, since the implementation 1978. He holds a Law degree and an honorary degree of policies aimed at promoting the sustainable in International and Diplomatic Sciences from the integration of diverse and multi-ethnic societies is University of Trieste, Italy.

38  HCNM at 25: Personal Reflections of the High Commissioners

one of the most effective tools to prevent modern de-escalation of tensions. However, higher levels of conflicts. Promoting stability within these societies confrontation often lead to a total disregard of the by focusing on the needs of minority communities tools of co-operative security and from my current – and in some cases encouraging larger autonomies perspective I have to point out that the push-back or decentralization – while maintaining a strong which Max van der Stoel was already observing focus on inclusive policies that encourage unity in twenty or more years ago has indeed become more society, is an effective way to counter trends towards robust today. separatism and secessionism. For instance, in some cases we witness steps to True, the mandate of the High Commissioner accelerate the introduction of new legislation focusses on classical ‘national minorities’, as it was to strengthen the use of the State language crafted at a time when administrative borders of large by countries where minority languages had State entities like Yugoslavia or the Soviet Union were traditionally been given a stronger profile within the transformed virtually overnight into international respective education systems. While the knowledge borders, dividing ethnic groups, communities and of the State language is key to promoting the families. A quarter of a century down the line, while effective integration of minority groups in society a number of the problems dealt with by the first High and an indispensable prerequisite to enable their full Commissioners still remain on the table, a new set participation in the political, social, and economic of issues has emerged. It is the result of the rapid life of the country where minority communities transformation of our societies, with an increasing reside, reforms which do not allow for the gradual level of diversity and slow pace of integration, which transition towards a stronger role of the State has led to the marginalization of certain social groups language, or which do not leave sufficient room and, in some cases, to radicalization. This requires for the continuation of education in the minority a flexible interpretation of the mandate, with a language as well, can be viewed as assimilation positive accent on the importance of promoting the policies and provoke serious reactions by kin-States. integration of diverse societies. To address misperceptions and, in some cases, to successfully address perceived imbalances through, With the re-emergence of nationalism and the return for instance, phased implementation, impartial of geopolitics on the international agenda, inclusive good offices based on recognized international platforms such as the OSCE (whose precursor, practice are essential. However, in some cases, the CSCE, was a successful effort to replace we still witness a resistance to opening up to confrontation with co-operation at the height of the assistance offered in accordance with the High Cold War) can prove extremely useful to open up a Commissioner’s own unique mandate, resistance space for dialogue and joint efforts. The engagement which is sometimes based on unilateral, restrictive of the OSCE through SMM in Ukraine proves that definitions of national minorities, in rejection when the political will is there, this space can be used of the notion of self-identification, which has to insert the presence of the international community become over the years a guiding principle for the in the most complex and challenging situations engagement of this office. with a view to ensuring that the issue remains high on the international agenda, while facilitating the

39  The added value of ‘quiet diplomacy’ in The successive sets of recommendations issued by a polarized environment the OSCE High Commissioners over the years, while In fact, as the need for facilitation has increased, the not representing a consensual set of principles agreed space allowed for efforts to find common ground by the participating States, draw their authority from between different parties has shrunk, as kin-States the prestige of the office of the High Commissioner, increasingly urge the High Commissioner to openly the impartial and ‘super partes’ nature of his role, the adopt a position against policies by other countries high quality of experts and contributing partners and, negatively affecting their own communities residing most importantly, the personal accountability of the abroad while, in some cases, resisting requests to High Commissioner to the Chairmanship and the vet their own policies affecting internal minority participating States. groups. It is in this polarized environment that the well-established practice of quiet diplomacy of the HCNM has an added value, since it can reassure all interlocutors that many delicate issues will be handled with the necessary discretion. Replacing this well experimented method with a ‘megaphone policy’ – as some would expect, to give more ‘muscle’ to the interventions of the institution - would be counterproductive and would transform the High Commissioner into a political actor on his own merit in the international arena, with the risk of having the institution portrayed as taking sides on very sensitive and controversial issues.

It is exactly in this polarized environment that the OSCE High Commissioner on National Minorities thematic guidelines developed by successive High Lamberto Zannier launches the Graz Recommendations Commissioners, and reflecting the experience on Access to Justice and National Minorities, Graz, Austria, and expertise of the office, can play a very useful 14 November 2017. www.osce.org/hcnm/graz-recommendations (© OSCE/Foto Fischer) role. These guidelines are based on best practices observed and in many cases promoted by the office In November 2017, only a few months after taking over the years and take into account lessons learned office, I had the privilege to supervise the launch of from national experiences and assistance programs. the Graz Recommendations on Access to Justice and Moreover, they are enriched by the traditionally National Minorities, an important complement to strong co-operation that the HCNM has always previous sets of guidelines with a strong focus not entertained with partner institutions (such as The only on access to courts but on the wider issue of the Council of Europe and, in particular, its Advisory participation of minorities in the justice sector, and Committee on the Framework Convention for the the importance of this engagement for the perception Protection of National Minorities and the Venice of a non-selective or biased justice system. And we Commission) and with renowned experts from a have almost completed our work on updating the broad network of research institutes and universities.

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2003 Guidelines on the Use of Minority Languages be perceived as an independent actor, as it should in the Broadcast Media, taking into account the be, promoting successful models of integration very significant changes in the media and the without being caught up in geopolitics. For communications landscape in the digital era, and in this to succeed, however, a sufficient degree of particular the role of social media. openness by countries to interacting with the High Commissioner and the High Commissioner’s office is crucial. Geographical imbalance and selectivity resulting from a lack of engagement may create a perception of bias in choosing the areas of attention, which would in the long run negatively affect the image of impartiality of the institution (and of the organization at large).

How our historical narratives continue to shape us today The return of geopolitics has also created the need to explore new areas. One of the recurring issues I have encountered across the OSCE area since taking office is the damaging impact of competing and The High Commissioner visits a Crimean entry-exit checkpoint confrontational historical narratives on inter-ethnic in Chonhar. September 2018. (© OSCE/Zahid Movlazada) relations in a number of participating States. The way people understand, remember, and value history is an important factor affecting the self-image and personal Applying HCNM Recommendations and identity of a community. When approaching the past, Guidelines in practice people have a tendency to glorify and commemorate The existing set of Recommendations and their achievements, victories, and sufferings, whilst Guidelines covers the most relevant and sensitive glossing over the darker chapters about the tragedies policy areas related to minority protection and and suffering they may have inflicted on others. As integration of diverse societies. My priority a result, different groups often attribute different therefore will not necessarily be to focus on meanings to the same events. Differences in the way developing new sets of guidelines, but rather to different people see and remember history can divide ensure that the existing ones remain relevant societies for decades or even centuries after the and up to date and, most importantly, that events have occurred, including along ethnic lines. they are well known and used by Governments and Parliaments as guiding principles for all The State has an important role to play in this policies having an impact on minorities and regard. Undeniably, it is up to the central or local diverse communities. Focusing on best practices authorities to decide whether to permit or ban and lessons learned would also allow the High commemorations, to erect or remove statues, to Commissioner to maintain a distance from the name or rename public spaces and to organize political agenda of the different actors involved and how history is taught and learned in schools. These

41  are political choices that often provoke strong This is the time to reinvigorate the agenda of the reactions from society and can sometimes fuel organization and better communicate its added tension and trigger conflict. This is especially the value. Being an inclusive platform at a time when case when it concerns history and memories related States tend to regroup in smaller coalitions to to emotional issues such as guilt and victimhood. If advance partisan agendas is indeed a great strength. Governments impose singular historical narratives And the consensus rule protects in the first instance and prohibit alternative interpretations in ‘memory the smaller States against the pressure of the bigger laws’, then they draw a line in the sand of time that powers: this is of key importance at a time when can continue to divide societies for generations to multilateralism is challenged and power-politics come. And differences in historical interpretations gains new traction. and commemoration practices can have a negative effect on bilateral relations between States. Moreover, States have a duty to deal with history and memory in a responsible way in order to prevent or manage conflict within the society rather than fuel it. Governments should create the optimum conditions for a tolerant, inclusive debate on historical memory with respect for human rights. However, as is the case with other identity issues, dealing with historical interpretations is complex and sensitive and requires a careful balance to be struck. Yet, the sensitivity of “This is the time to better communicate our added value”. High the issue should not deter us from reflecting upon Commissioner Lamberto Zannier holding one of his public ‘Meet the role of history and memory politics in fuelling the High Commissioner’ Twitter Sessions. March 2018 See: divisions and conflict. #askHCNM, #HCNM, #lambertozannier (© OSCE HCNM/Anastasia Rybachenko)

Inclusion not exclusion As we attempt to broaden our horizon and explore As minorities become an increasingly important old and new avenues for engagement, I cannot pawn in the geopolitical game, a set of basic avoid pointing out the insufficient investment by the principles and rules to be applied equally to all can international community in co-operative platforms serve as a precious tool to prevent crises and lower that can provide a space for common reflection, tensions. In this vein, quiet diplomacy alone is no dialogue and concerted preventive action. The OSCE’s longer sufficient as a key working method of the profile does not correspond, in my view, to the High Commissioner. It must be accompanied by potential and objective relevance of the organization high profile initiatives aimed at better informing in the current, divisive environment: while one could governments and the general public about the expect a strong investment in preventive diplomacy key recommendations and suggested policies and and co-operative security, we witness instead a to universally promote their implementation. It progressive erosion of the support by governments. In also requires the forging of coalitions with other addition, I have noticed a declining familiarity with the key international players, beginning with the OSCE’s tools and policies. United Nations, to continue with other regional

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organizations and arrangements operating under Chapter VIII of the UN Charter, and with the civil society. Stronger engagement of women and of the younger generations should be promoted robustly. These policy orientations are fully in line with the longer term sustainable development agenda, to which they would contribute an additional, effective conflict prevention tool. It is time to move to a new phase and explore new horizons.

OSCE High Commissioner on National Minorities Lamberto Zannier visits a kindergarten that is piloting an HCNM- supported project on bilingual education, Comrat, Moldova, 2 November 2017. (© OSCE/lurie Foca)

The impressive legacy of previous High Commissioners, beginning with the virtual founder of this institution, the former Dutch Foreign Minister Max van der Stoel, should not only be protected, but adequately developed and promoted as a modern and efficient tool to prevent conflicts in our increasingly complex global environment.

43  Acknowledgement This publication is the result of co-operation between the office of the OSCE High Commissioner on National Minorities in The Hague, the Netherlands and the Centre for OSCE Research (CORE) in Hamburg, Germany. OSCE HCNM wishes to express its gratitude to CORE for the initial proposal to publish a collection of papers by every OSCE High Commissioner to commemorate the 25th anniversary of the appointment of the first OSCE High Commissioner on National Minorities, Max van der Stoel, in 1992. In particular, OSCE HCNM would like to express its gratitude to Dr. Frank Evers and Dr. Wolfgang Zellner. Thanks are also conveyed to past High Commissioners, Rolf Ekéus, Knut Vollebæk, Astrid Thors and Lamberto Zannier for their willingness to share their reflections and observations, to Henrik Villadsen for outlining the inner workings of the HCNM office, and to Wolfgang Zellner for capturing the essence of each contribution in his foreword.

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