Statement by OSCE HCNM, 26 October 2001

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Subject: Statement by OSCE HCNM, 26 October 2001

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Statement by OSCE HCNM, 26 October 2001


Organization for Security and Co-operation in Europe
High Commissioner on National Minorities
 
The following statement was issued by Rolf Ekeus, OSCE High
Commissioner on National Minorities, in the Hague, 26 October 2001.

Sovereignty, Responsibility, and National Minorities

Violent inter-ethnic conflicts of the past decade, indeed the last
century, have demonstrated the danger of extreme nationalism. 
National minorities have frequently suffered in these conflicts.  The
lessons of the past have underlined the necessity of respect for the
rights of persons belonging to national minorities freely to express,
preserve and develop their cultural, linguistic or religious identity
free of any attempts at assimilation.  While maintaining their
identity, a minority should be integrated in harmony with others
within a State as part of society at large.  This is fundamental to
international peace, security and prosperity.

Protection of minority rights is the obligation of the State where the
minority resides.  History shows that when States take unilateral
steps on the basis of national kinship to protect national minorities
living outside of the jurisdiction of the State, this sometimes leads
to tensions and frictions, even violent conflict.  I am therefore
obliged to focus special attention on situations where similar steps,
without the consent of the State of residence, are contemplated.

Since the Second World War, a legal regime has been developed
following the principle that protection of human rights and
fundamental freedoms, including for persons belonging to national
minorities, is the responsibility of the State having jurisdiction
with regard to the persons concerned. This is not only a cornerstone
of contemporary international law and a requisite for peace, it is
necessary for good governance, particularly in multi-ethnic States.

National and State boundaries seldom overlap; in fact there are few
pure 'nation-States'.  National groups are therefore often divided by
borders.  It is a basic principle of international law that the State
can act only within its jurisdiction which extends to its territory
and citizenry.  Although a State with a titular majority population
may have an interest in persons of the same ethnicity living abroad,
this does not entitle or imply, in any way, a right under
international law to exercise jurisdiction over these persons.  At the
same time it does not preclude a State from granting certain
preferences within its jurisdiction, on a non-discriminatory basis. 
Nor does it preclude persons belonging to a national minority from
maintaining unimpeded contacts across frontiers with citizens of other
States with whom they share common ethnic or national origins.

Within the last decade there has been substantial progress by OSCE
participating States in protecting persons belonging to national
minorities.  Through multilateral instruments norms have been
developed and mechanisms created in support of the implementation of
international standards relating to minorities.

Bilateral treaties can serve a useful function in respect of national
minorities in the sense that they offer a vehicle through which States
can legitimately share information and concerns, pursue interests and
ideas, and further protect particular minorities on the basis of the
consent of the state in whose jurisdiction the minority falls. 
However, the bilateral approach should not undercut the fundamental
principles laid down in multilateral instruments.  In addition, States
should be careful not to create such privileges for particular groups
which could have disintegrative effects in the States where they live.

In order to prevent conflict, protect minorities, integrate ethnic
diversity and foster friendly relations between States, we must not
erode the principles, standards and mechanisms that have been
carefully developed in the past half-century. Indeed, States should
not only ensure that policy and practice guarantee the minimum of
minority rights, but they should promote full and effective equality
between persons belonging to national minorities and those belonging
to the majority.

-- 
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