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Recommendations of the OSCE High Commissioner on National Minorities : history, goals and partnership with the Republic of K

Recommendations of the OSCE High Commissioner on National Minorities : history,  goals and partnership with the Republic of K
Sadvokasova Aigul Kakimbekovna - Deputy Director of the "Institute of Applied Ethnopolitical Research" Bazarbek Alikhan Gabituly - manager of Center for Applied Research "Institute of Applied Ethnopolitical Research"

On 24 October 2023, the Institute of the OSCE High Commissioner on National Minorities (HCNM) celebrated its 30th anniversary at the Peace Palace in The Hague. At the event, High Commissioner Kairat Abdrakhmanov also presented new ideas on how national minorities can better participate in social and economic life.

The High Commissioner on National Minorities (HCNM) is a position within the Organization for Security and Cooperation in Europe (OSCE).

The creation of the HCNM's office was directly related to the political circumstances of the early 1990s. The Yugoslav Wars were ethnic conflicts that erupted after the fall of the Berlin Wall and communism, which ultimately led to the collapse of the country. The efforts of the CSCE, the European Union and the United Nations have failed to bring peace. Frustration at not being able to prevent such a devastating human tragedy led the Dutch government to offer the post of HCNM. The purpose of this office was to prevent conflicts based on tensions with ethnic minorities.

Because the international community did not fully understand the problems, this often led to an escalation of tensions. Moreover, any international assistance was delayed. It was recognized that tensions of this nature must be identified and resolved as quickly as possible to avoid becoming an endless conflict. Tensions involving national minorities are at the core of many conflicts around the world, as the Yugoslav conflict demonstrated. Against this background, the creation of an office of the HCNM was proposed.

The HCNM's mandate includes the task of providing early warning and conflict prevention related to ethnic tensions and conflicts involving national/ethnic minorities. The office works to promote dialogue between governments and minority communities, helping to protect minority rights and promote inter-ethnic understanding.

The role of the HCNM is to address issues related to the protection of national/ethnic minorities in OSCE participating States. The High Commissioner on National Minorities operates independently within the OSCE and plays a critical role in promoting stability and co-operation in ethnically diverse regions. The work of the HCNM contributes to the OSCE's broader efforts to resolve and prevent conflict in its member States.

During the work of the HCNM’s office, several recommendations were developed:

The Oslo Recommendations 1998 and the Lund Recommendations 1999 together reinforce the right to linguistic freedom in economic life by stating that all people, including persons belonging to national minorities, have the right to conduct private business in the language or languages of their choice.

The Bolzano Recommendations of 2008 recognize that persons belonging to national minorities should be able to establish free and peaceful contacts across national borders, through which they can develop cultural and economic ties.

Education, as stated in the 1996 Hague Recommendations , has a direct impact on a person's economic potential. Access to quality education determines the level of economic and social integration of national minorities. Based on the research and experience of successive High Commissioners, it is clear that investment in high-quality multilingual education in diverse societies contributes to integration of society and contributes to building economic prosperity.

In October 2023, new Recommendations of the OSCE High Commissioner were issued for National Minority Affairs (HCNM) Kairat Abdrakhmanov on the effective participation of national minorities in public life. The recommendations cover general principles; participation in decision-making, including events at the central, regional and local levels, elections, as well as in consultative and advisory bodies; self-government, covering territorial and non-territorial mechanisms; and safeguards, including constitutional and legal guarantees and remedies. Recommendations are accompanied by explanatory notes.

In essence, each recommendation, while individually significant, collectively moves towards the goal of building a society in which national minorities are not just participants, but active participants, stakeholders and beneficiaries within the wider social and economic framework.

The vision of these recommendations is to work towards a future in which every national minority group can prosper, have influence and power, creating a society rich in diversity, equality and inclusion.

These Recommendations are based on specific provisions, as well as on current and future interpretations of international and European standards in the field of human rights and policies regarding socio - economic inclusion. Some of the documents are legally binding on all or some OSCE participating States, while others are primarily of reference, persuasive or inspirational value.

These Guidelines provide a comprehensive approach to help policymakers in OSCE participating States strive for the holistic inclusion, participation and fair treatment of persons belonging to national minorities in their societies.

The OSCE High Commissioner on National Minorities has repeatedly welcomed Kazakhstan’s rich experience in achieving optimal forms of interaction between ethnic communities, strengthening interethnic and interfaith harmony, developing a culture of interethnic and interfaith relations and combating extremism and xenophobia.

In Kazakhstan, several projects were implemented in partnership with the HCNM:

  • promoting multilingual education in the South Kazakhstan region (now the Turkestan region);
  • training in managing interethnic relations;
  • participation of ethnic minorities in Parliament;
  • Project "Police activities in multinational Kazakhstan" (June 2012 - December 2013).

On January 1, 1993, the first OSCE High Commissioner on National Minorities was Max van der Stoel (Netherlands), who was elected for this term three times. Max van der Stoel often visited Kazakhstan and studied its experience, including the Assembly of the Peoples of Kazakhstan. With his participation, three international conferences and seminars were held in our republic.  Mister An der Stoel argued that Kazakhstan could become an example of peaceful coexistence among different ethnic groups and faiths .

The first visit of HCNM A. Thors to Kazakhstan from June 23 to June 27, 2014 became an important stage of cooperation. During this visit, the HCNM had the opportunity to get acquainted with the achievements of Kazakhstan in building a tolerant and multi-ethnic society.

From 2017 to 2019, the HCNM’s office collaborated with the Ministry of Education and Science of the Republic of Kazakhstan within the framework of the Memorandum of Cooperation on issues of multilingual and multicultural education. The HCNM maintains cooperation with the Ministry of Internal Affairs of the Republic of Kazakhstan on the project “Police activities in multinational Kazakhstan.”

The OSCE High Commissioner highly appreciates the role of the Assembly of the People of Kazakhstan in creating a unique model of interethnic and interfaith harmony in the Republic of Kazakhstan.

The Scientific Expert Council of the Assembly of the People of Kazakhstan has experience in cooperation with the office of the HCNM in discussing the most significant issues of the development of ethnic communities and integration in Kazakhstan. As part of the visit of the High Commissioner to Kazakhstan, meetings were organized with experts to exchange opinions and present recommendations.

In recent years, the visit of the OSCE High Commissioner on National Minorities, Kairat Abdrakhmanov, to Kazakhstan was a significant event. In 2023, he arrived in the country to participate in the VII Congress of Leaders of World and Traditional Religions. During the visit, meetings between the HCNM and the country's leadership took place. At these meetings, current problems of inter-ethnic relations in the OSCE area of responsibility were discussed, as well as the initial proposals of the HCNM Office for conflict prevention. The High Commissioner highly appreciated Kazakhstan's efforts to maintain social harmony and unity in the country.

In his recommendations, the HCNM uses the term " national minority ". This document is international , thereby preserving the original termionology . However, in the legislation of the Republic of Kazakhstan, this definition is not used. It is common to use the term "ethnic group" instead. But despite this, these recommendations of the HCNM can be used to strengthen interethnic harmony and as part of the policy of integration of ethnic groups in the Republic of Kazakhstan .

Literature

  1. OSCE High Commissioner on National Minorities (HCNM). Recommendations for the effective participation of national minorities in social and economic life and explanatory note. The Hague; Netherlands,  2023.
  2. OSCE High Commissioner on National Minorities (HCNM). The Hague recommendations regarding the education rights national minorities. Hague; Netherlands, 1996.
  3. OSCE High Commissioner on National Minorities (HCNM). Oslo Recommendations regarding  the rights of national minorities. Hague; Netherlands, 1998.
  4. OSCE High Commissioner on National Minorities (HCNM). Lund Recommendations on the effective participation of national minorities in public life.  Hague; Netherlands, 1999
  5. OSCE High Commissioner on National Minorities (HCNM). Bolzano recommendations on national minorities in interstate relations. Hague; Netherlands, 2008.
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