20 Years High Commissioner on National Minorities - The Continuing value of an innovative institution
The story of the creation and early development of the OSCE institution of the High Commissioner on National Minorities (HCNM) has been told many times. There is no doubt that it was in 1992 a fairly bold innovation to confer upon one individual, albeit of particular experience and highest integrity, a mandate to engage directly with and within States and take up situations of inter-ethnic conflict which, in his or her judgement, constitute a threat to international peace and stability. Arguably it was the immediate context of post-Cold War Europe that made this institutional innovation possible. In any event, the early nature of the HCNM’s engagement, and the prescribed terms of it, shaped an instrument which has accumulated a distinct record of achievement. Indeed, it has inspired others to emulate its approach (if not exact mandate) – demonstrating the old adage that imitation is the finest form of flattery.
Achievements
It may be said that the principal achievement of the HCNM is its existence. No institution of international relations enjoys a comparable mandate with in effect pre-authorized entitlement to engage directly with State and non-State actors across and within all OSCE participating States. That highly intrusive entitlement is coupled with obligations of care and conduct, notably discretion and confidentiality. But that formula could have remained on paper. Its application may have gone no further than the originally imagined early warning function. Instead, the experience and the creativity of the first HCNM, Max van de Stoel of The Netherlands, combined to forge an approach to the mandate and to the situations he addressed that became an established practice: a specific kind of preventive and quiet diplomacy. The HCNM aims not merely to avoid or stem violent incidents and possible conflations that could lead to war, but to facilitate the peaceful resolution or management of the underlying problems and to persuade parties to move away from conflict towards sustainable peace and prosperity.
It is apparent that in his work the HCNM is not armed with tools of force or material reward, and so relies upon analysis, argument and persuasion. Refined knowledge and use of multilateral diplomacy, comparative and international law, structures and arrangements for governance, individual and social psychology and a variety of human relations are the resources which the HCNM brings to bear in a concrete situation. Accuracy, sensitivity and nimbleness are key characteristics of effective work.
The HCNM has been characterized as a “normative intermediary” (by the scholar Steven Ratner, see further reading below). He assists governments and public authorities with understanding their obligations and responsibilities, and affected persons and communities with knowing their rights and duties (and the limits to both). He helps them to negotiate appropriate arrangements – a modus vivendi.
It is an achievement for such an institution to have effectively saved lives and livelihoods in even one situation. All three HCNMs – with Rolf Ekéus of Sweden and currently Knut Vollebaek of Norway building on the pioneering work of van der Stoel – have managed, with a relatively small team, to be effective in numerous situations at the same time. To my knowledge, there has been no accounting of all the policies, laws (including constitutions), programmes and practices which the three HCNMs have over 20 years inspired, caused to be reformed or abrogated, supported, funded or otherwise affected. But there have been many, in very many participating States. The measure of the work accomplished is in the stability which prevails to the tremendous benefit of the affected communities and wider populations. Over 20 years and dozens of situations, perhaps only two or three have fallen back and erupted into some organized violence – and in each case it was held in check.
Each of the HCNMs has also contributed important general recommendations that distil and synthesize the essential elements of international obligations, political commitments and good practices of governance in areas of principal public regulation and activity including education, use of languages, political participation, policing, trans-frontier support of ethnic communities and social cohesion. They have created a body of reference materials, available in numerous languages, that constitutes the most developed and progressive framework for the peaceful management of diversity and inter-ethnic relations.
The insights and counsel brought by the HCNMs have influenced a generation of governmental authorities, parliamentarians, and jurists as well as community leaders and advocates. They have contributed to the development of a kind of politics which is normative, deliberative, and peaceful. Yet it must be continually cultivated and adjusted to changing circumstances as well as evolving needs, interests and aspirations.
The Future
The inter-ethnic conflicts that marked the historical transitions of the 1990s are behind us. Yet despite European integration, tense inter-ethnic and inter-State relations persist – not only issues of competition over resources, power or prestige, but also clashes of national identities and visions. With the euphoria of the post-Cold War era now consigned to history books, the HCNM is operating in a tough socio-economic context. Resurgent nationalism in its extreme, exclusionary forms is a stubborn threat. Deep prejudices and remarkable hatreds exist, offering raw material to be fomented by unscrupulous and irresponsible leaders and ethnic entrepreneurs. In tough economic times, the appeal of these dark ideas and attitudes can grow. Modern technology, notably social media, while making our societies freer and more transparent, can also let incitement to discrimination, hatred and hostility spread fast and far. Moreover, it penetrates the open and loose spaces which free societies prize, offering opportunities for poisonous politics to take hold and undermine social cohesion and stability.
Many governments are struggling to address these threats, and some are contributing to them. Both new and established democracies have been facing issues of apathy and disillusionment amongst the citizenry, and mistrust in the State has given rise to popular movements – some positive and some not. The world seems ever more complex and uncertain. Migration, immigration, and social transformations are ubiquitous and likely to intensify. Indeed, this is not a description of an historical transition in only one part of the OSCE region, but seems a general condition. All OSCE participating States need help in meeting these challenges through better governance and cooperation. This no doubt inspired Knut Vollebaek’s recent publication of the Ljubljana Guidelines on Integration of Diverse Societies – very much relevant to all participating States. And his announced intention to tackle challenges of contemporary citizenship is even more courageous and important for the generations ahead.
The approach of the HCNM as an instrument of conflict prevention at the earliest stage is as relevant as ever. The attributes of that approach – being proactive rather than reactive and working through direct contacts, building relationships discreetly and in confidence – will remain vital. The HCNM will continue to have to “be there” – physically at the scene of tensions and intellectually on top of the game. This will require on-going analysis and sensitivity. It will require engagement at many levels. And, of course, it will require the human and material resources needed for the job coupled with the courageous and sensitive leadership to try and to succeed.
A recent major comparative study of similar work by UN, Organization of American States and Commonwealth institutions, by Eileen Babbitt in a special issue of International Negotiation, shows the HCNM not only to have been an innovation, but to remain the gold standard in preventive and quiet diplomacy. This is unlikely to change any time soon. The OSCE should be delighted it is able to benefit from its own prior forethought and the ongoing work of the HCNM.