The Human Dimension of the OSCE: An Introduction a concept based on the dignity of the human person and a system of rights through law/ legal structures. 4. Politically binding commitments The OSCE process is essentially a political process that does not create legally binding norms or principles. Unlike many other human rights documents, OSCE human dimension commitments are politically, rather than legally, binding. This is an important distinction since it limits the legal enforceability of OSCE standards. In other words, OSCE commitments cannot be enforced in a court of law. However, this should not be mistaken as indicating that the commitments lack binding force. The distinction is between legal and political and not between binding and non-binding. This means that OSCE commitments are more than a simple declaration of will or good intentions; rather, they are a political promise to comply with these standards. While deliberations on international legal documents usually take considerable time until agreement on a final text is reached, and the final documents are subject to ratification and reservations, this does not apply to OSCE documents. Their political nature leads to the unique situation that, once consensus among the states has been achieved, decisions enter into force immediately and, in principle, are binding upon all OSCE states (the so-called universality principle). This allows the OSCE to react quickly to new needs. For example, when human rights violations in regard to minorities increased in the beginning of the 1990s, it was the OSCE that reacted first and drafted a comprehensive set of standards in the field of minority protection. Later, these political standards served as basis for the legally binding Council of Europe Framework Convention on the Protection of National Minorities. 5. Human rights as a matter of international concern A fundamental aspect of the OSCE’s human dimension is that human rights and pluralistic democracy are not considered an internal affair of a state. The participating States have stressed that issues relating to human rights, fundamental freedoms, democracy, and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of the international order. In fact, the participating States “categorically and irrevocably” declared that the “commitments undertaken in the field of the human dimension of the OSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned” (Moscow Document, 1991). Therefore, OSCE participating States are no longer in a position to invoke the non-intervention principle to avoid discussions about human rights problems within their countries. This explains why the OSCE is not only a community of values but also a community of responsibility. And it has to be stressed that this responsibility focuses not only on the right to criticize other states concerning violations of human dimension commitments but also on the duty to assist each other in solving specific problems. xviii OSCE Human Dimension Commitments