Sovereignty, responsibility, and national minorities: statement by OSCE minorities commissioner
Rolf Ekéus, OSCE High Commissioner on National Minorities. (Michal Olejarnik/OSCE) Photo details
THE HAGUE, 26 October 2001 (OSCE) - The following statement was issued today by Rolf Ekéus, OSCE High Commissioner on 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."
"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."