The OSCE High Commissioner on National Minorities as Norm-setter? Relations Between the Commissioner’s Recommendations and the Evolving Interpretation of the Framework Convention for the Protection of National Minorities

Abstract

This article examines the norm-setting role of the OSCE High Commissioner on National Minorities (HCNM), particularly in relation to the evolving interpretation of the Framework Convention for the Protection of National Minorities (FCNM). It explores the interaction between the HCNM’s various sets of Recommendations and the work of the Advisory Committee on the FCNM (ACFC). The article argues that while the HCNM’s intention when starting the practice of endorsing or drafting thematic recommendations was not focused on norm-setting, its Recommendations have gradually contributed to particularizing international obligations concerning minority rights, especially in areas where the FCNM is less specific. The article highlights the importance of the HCNM and the ACFC in promoting an inclusive approach to minority rights, moving from a protectionist stance to the holistic management of diverse societies. It concludes by identifying factors that contribute to the HCNM's successful norm-setting, such as consultation, englcollaboration and a bold and creative, yet legally grounded, approach to recommendations.