OSCE field operations have many options for reacting to, and following up, individual
complaints of human rights violations. These range from referring the complainant to domestic government or other offices or NGOs that might help resolve the complaint to pursuing the complaint through a variety of OSCE diplomatic or other channels. In some instances, it might be appropriate for the OSCE to refer a complaint to another international
organization or at least to ensure that the individual lodging the complaint is aware of the
appeals options available through other international organizations. The chapters in this
section describe the range of options available.
Following up on individual complaints is often politically sensitive. In general, the Head of
Mission or another senior mission official should be consulted about what follow-up steps,
if any, to take. If a mission plans to approach the host government about an individual
complaint, a decision will also need to be taken on the type of intervention to be made and
the level at which it will be made. Missions should also consider how other international
organizations may be responding to the case. Depending on the circumstances, the involvement of another organization may be a reason for the OSCE not to become involved,
or it may reinforce the importance of the OSCE’s involvement. For example, if the individual complaint is a refugee issue that is being handled adequately by the UN High Commissioner for Refugees, there would probably be no reason for mission involvement. On
the other hand, if another international organization had called for the release of a political prisoner, it might be helpful for the OSCE to reinforce the call.
Missions should carefully consider all their options before deciding what follow-up action
to take. The type of action selected should be proportionate to the circumstances of the individual complaint. Usually, except in grave and urgent circumstances, any intervention
with authorities should be at a level that would allow for later follow-up at a higher level.
Action by missions should be designed and carried out in a way that tries to elicit a positive
and co-operative response from the authorities. The mission’s purpose in pursuing an individual complaint is not to criticize the authorities, although this may be a step taken in
some circumstances, but to resolve the issue and to correct behaviour inconsistent with
OSCE commitments. The ODIHR is willing to assist the field presences in any questions
they have regarding a particular complaint. The nature of this assistance will vary according to the particular complaint. For example, it could include advice on the relevant OSCE
commitments and provisions of international human rights law or, alternatively, advice on
which regional or international human rights mechanism to contact.52
52 The ODIHR Human Rights Section serves as a focal point for contacts.
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