The Human Dimension of the OSCE: An Introduction
OSCE commitments generally take the form of documents adopted by consensus at
OSCE summits or ministerial meetings. Each meeting takes place in a particular political climate and context. Not surprisingly, the OSCE summits have therefore played different roles in creating new commitments. Whereas some meetings, in particular in the
early 1990s, created a large set of important new norms, others restricted themselves to
minor changes and additions.
This process approach has led to a large number of OSCE documents. As a result, it
is not always easy for practitioners to find out which standards apply to a specific situation, in particular as each document contains, to a varying degree, repetitions and innovations. As a basic guideline, the user should note that all documents together form the
existing framework of the OSCE. Thus, a document does not become invalid when new
documents are adopted. The documents build on each other and constitute what could
be called the OSCE acquis. They have been adopted by consensus and thus are politically binding on all OSCE participating States. This also applies to newly admitted participating States, which are required to accept the acquis upon accession.
Consequently, a user should not rely only on a single document, but should check the
whole range of existing documents in order to find the actual scope of commitments on
a given right or fundamental freedom. Often, an early document stipulates only a general principle that then is further elaborated in subsequent documents. However, since
the commitments and documents build on each other, a commitment in an early document does not lose its force if a subsequent document has only a general reference to
this right.
At the same time, each document as a whole reflects a specific historical context and
its structure follows a certain logic that puts the different parts of the document in a
wider context. Reading the document in its entirety can thus equally provide important
information as to the understanding and interpretation of the norms concerned. This
explains the dual approach in this compilation, which consists of thematic and chronological components.
3. Human dimension commitments and pluralistic democracy based on
the rule of law
In a number of cases, OSCE human dimension commitments go far beyond the level
provided for in “traditional”, legally binding human rights instruments. In traditional
human rights treaties, individual (or group) rights are formulated, and the state party
has the obligation to respect and/or guarantee those rights. How to implement these
obligations, however, is most often left to the discretion of the states.
The OSCE human dimension goes much further in linking human rights with the
institutional and political system of a state. In essence, OSCE states have agreed through
their human dimension commitments that pluralistic democracy based on the rule of
law is the only system of government suitable to guarantee human rights effectively.
This explains why the OSCE human dimension has been described as a common
pan-European public order (ordre public). In other words, the OSCE is not simply an
organization of 55 participating States but a “community of values”. This linkage is also
reflected in the strong commitment to the rule of law and in the way it is formulated, as
OSCE Human Dimension Commitments xvii
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