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. 81

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents