Protecting National Minorities in the OSCE Area

Transcription

1 Specialisation Course on Protecting National Minorities in the OSCE Area Under the Auspices of the Organisation of Security and Cooperation in Europe (OSCE) and OSCE High Commissioner for National Minorities (HCNM) October 2018 Austrian Study Centre for Peace and Conflict Resolution (ASPR) Stadtschlaining Austria

2 PREFACE This specialised training course was designed as a followup activity to the Graz Recommendations on Access to Justice and National Minorities, which were issued by the OSCE High Commissioner on National Minorities in November The course aims at training the target group in the legal framework as well as the security, peace, and conflict dimension of protecting national minorities, highlighting the most important aspects for this field of work. Special emphasis is put on the development of tools and enhancement of participants skills to translate applicable rules and standards to their respective work environments. Peertopeer learning and exchange of promising practices is enabled and supported throughout the course. The course was designed and is implemented in cooperation between the Faculty of Law of the University of Graz, the European Training and Research Centre for and Democracy of the University of Graz (UNIETC) and the Austrian Study Centre for Peace and Conflict Resolution (ASPR) in the framework of the ConflictPeace and Democracy Cluster (CPDC). It is organised under the auspices of the OSCE High Commissioner for National Minorities (HCNM) and the Organisation for Security and Cooperation in Europe (OSCE). TARGET GROUP The course targets representatives of national governments, public administration, as well as civil society organisations (CSOs) who work in the realm of protecting national minorities. FACULTY The faculty consists of renowned experts in the field. It is predominantly drawn from representatives of the OSCE High Commissioner for National Minorities (HCNM) and other OSCE entities, the University of Graz, and the Austrian Study Centre for Peace and Conflict Resolution (ASPR) in Stadtschlaining/Austria, which also provides the course venue. COST OF PARTICIPATION The cost of participation amounts to 1.330, per participant. The amount covers tuition and educational materials, local transfer in Austria and full board accommodation in a single room with bath in Hotel Burg Schlaining ( as well as 2

3 all expenses linked to the course. For participants coming from nonoecd member states, a limited number of scholarships will be awarded. Applicants who would like to apply for such a support must indicate this in the respective section of the application form and give reasons for that in their application essay. However, there is no possibility to get financial support for travel expenses from the organisers! APPLICATION PROCEDURES Applicants for admission must meet the following requirements: Master s degree or the equivalent in working experience; working knowledge of English; submission of the application form and the required accompanying materials until the application deadline: 9 March 2018 Applicants for admission will be selected on a competitive basis by an admissions committee. Preference is given to applicants whose participation is supported by their Government or one of the OSCE institutions. Applicants will be informed on the decision of the admissions committee. Applications must be sent until the application deadline (28 August 2018) to Ms. Claudia Hofer: hofer@aspr.ac.at In case of questions, please contact the project coordinator Ms. Ursula Gamauf: gamauf@aspr.ac.at Further information can be found at 3

4 PROGRAMME OUTLINE 20 Oct 21 Oct 22 Oct 23 Oct 24 Oct 25 Oct 26 Oct 27 Oct 16:30 Arrival of participants Minority Protection: Concepts and Approaches MODULE I: Societal Diversity & Non Discriminati on Social Dynamics: Cohesion and Fragmentation Identity in Conflict Structural Causes of Discrimination Governing Diverse Societies MODULE II: Peace and Conflict Prevention Conflict Dynamics Conflict Transformation Conflict Prevention Rule of Law MODULE III: Legal Framework Principles and Key Elements of Law Human Security and Resilience The OSCE and National Minority Protection Framework Systemic Discrimination and Minority Rights MODULE III: Legal Framework OSCE and National Minorities: HCNM and ODIHR Media (HC Freedom of the Media/ HC National Minorities Legal Empowerment Legal Literacy and Human Rights Education MODULE IV: Application Access to Justice Access to Justice continued Institutionalization of Legal Assistance (NHRIs) Compliant Policing MODULE IV: Application Promoting Effective Partnership in Public Life Monitoring and Reporting Awareness Raising and Campaigning Capacity Building Departure of participants 1 Opening & Welcome Dinner Social Event 4

5 PROGRAMME OUTLINE SATURDAY, 20 OCTOBER 2018 Arrival of Participants CheckIn Hotel Burg Schlaining 1 Minority Protection Concepts and Approaches Welcome Coffee and Snacks Discuss main concerns of minority populations and related concepts: survival and existence, promotion and protection of the identity of minorities, equality and nondiscrimination, and effective and meaningful participation. Link the protection of minorities to human rights, human security, conflict prevention and legal empowerment. Opening Ceremony at Schlaining Castle, Knights Hall Welcome Cocktail and Dinner at Hotel Burg Schlaining 5

6 SUNDAY, 21 OCTOBER 2018 Social Dynamics: Cohesion and Fragmentation Identity in Conflict MODULE I: Societal Diversity & NonDiscrimination Be able to describe basic patterns of societal dynamics Be able to relate societal dynamics to different institutional settings Learn to predict dynamics of cohesion and fragmentation 12:45 Lunch at Hotel Burg Schlaining Structural Causes of Discrimination 16:30 Governing Diverse Societies Be able to recognize group patterns in social dynamics Understand and apply symbolic motivations for actors to societal settings Predict (de)escalation of identity dynamics in conflict related to certain political circumstances Be able to describe and detect various structural factors that cause discrimination Lean to recognize latent structural factors underlying political rhetoric Learn to apply diverse mechanisms of governing Be able to identify connections between various legal (constitutional) concepts and differing societal circumstances Differentiate between the concepts of diversity governance and integration Understand that elaborate governing policies can create a society in which everyone has a sense of belonging and of contributing regardless of their ethnic, linguistic, cultural or religious background. Learn to detect certain paradigms of integration or diversity governance in politics Dinner at Hotel Burg Schlaining 6

7 MONDAY, 22 OCTOBER 2018 Conflict Dynamics MODULE II: Peace and Conflict Prevention Apply various conflict paradigms to different conflict settings Be able to differentiate between various types of conflict and their interrelations Understand and predict dynamics of conflict protraction 16:30 Conflict Transformation Conflict Prevention Rule of Law Learn to different between various types and paradigms of conflict resolution peacebuilding conflict transformation Be able to describe layers and stages of conflict transformation Learn to relate conflict transformation initiatives to their ideal actors Lunch at Hotel Burg Schlaining Be able to differentiate between various paradigms of conflict prevention Recognise and apply the peace and security nexus in and to (post )conflict settings Elaborate on and apply strategies of empowerment and resilience building to different societal situations Discuss the rule of law s contribution to accountability, conflict prevention, conflict resolution, and limits of (political) power Recognise equal treatment before law and equitable access to justice as a critical tool for conflict prevention. Contextualise transitional justice and timely redress for grievances in conflict prevention and transformation Dinner at Hotel Burg Schlaining 7

8 TUESDAY, 23 OCTOBER :30 Principles and Key Elements of Human Rights Law Human Security and Resilience The OSCE Human Rights and National Minority Protection Framework Systemic Discrimination and Minority Rights MODULE III: Legal Framework Understand the basic principles underpinning the human rights framework and their relevance to conflict prevention: nondiscrimination, universality, indivisibility, inalienability; participation, accountability, transparency Learn about the UN framework and regional frameworks Discuss development and status of minority rights in international law in the context of the aforementioned principles of human rights law Analyse structural causes of conflicts, such as social, economic and political exclusion, grievances and inequalities. Be able to apply a human security approach in the assessment, planning, implementation and evaluation of security and peacebuilding initiatives. Understand SDG 16 (Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels) and understand to apply the corresponding indicators Lunch at Hotel Burg Schlaining Be familiar with the OSCE framework on and National Minority Protection Understand the state duty to respect protect fulfil human rights Understand a state s twofold duty of nondiscrimination and prevention of indirect discrimination vis a vis individuals and groups (incl. national minorities) Be able to recognise and address compound discrimination, including through positive measures (affirmative action) Social Event 8

9 WEDNESDAY, 24 OCTOBER 2018 OSCE and National Minorities: HCNM and ODIHR MODULE III: Legal Framework Be familiar with the work of ODIHR and the HCNM on and National Minority Protection in the OSCE region. 16:30 Media (HC Freedom of the Media/ HC National Minorities) Legal Empowerment Legal Literacy and Education 9 Discuss how (in)sufficient access to the media of minorities correlates with rising tensions in societies Learn about the right of national minorities to access to the broadcast media and how governments and minority representatives can support this Lean about tools such as reviewing legislation and providing advice, particularly in the areas of language, representation and regulatory frameworks Lunch at Hotel Burg Schlaining MODULE IV: Application How to strengthen the capacity of rights holders to exercise their rights How to strengthen the capacity of disadvantaged groups to acquire greater control over decisions and processes affecting their lives. Understand challenges in accessing the justice system (lack of formal identity or of knowledge about the system, (legal) illiteracy, or lack of legal services available ) Discuss the role of CSOs Contextualise the role of redress mechanisms (incl. NHRIs) Understand the role of OSCE, ODIHR, HCNM and their respective field missions for human rights protection and promotion Understand legal literacy as a precondition for the effectiveness of the human rights framework Understand human rights education as effective realisation of the right to education Know about frameworks, guidelines, and promising practices of human rights education. Get familiar with selected methods of human rights education Apply selected tools of human rights education (e.g. CoE COMPASS) Dinner at Hotel Burg Schlaining

10 THURSDAY, 25 OCTOBER :30 Access to Justice Access to Justice Cont. Institutionalisation of Legal Assistance/Standards (National Institutions) Compliant Policing and National Minorities MODULE IV: Application Understand how unequal protection of minorities by the law can occur in the various stages of law enforcement, from interaction with police, to presentation of court cases and sentencing, and at higher levels of legislative drafting Understand the main tenants of the Graz Recommendations on Access to Justice and National Minorities Hear about promising practices to enhance trust and cooperation with the police by minority groups Understand language barriers, low confidence in the process, financial barriers and the lack of judicial facilities in regions as factors to access the judicial system Understand informal justice mechanisms/ alternative dispute resolution and exchange experiences of engagement with nonstate or religious justice systems. Discuss strategies for effective implementation of nondiscrimination legislation, such as individual complaints mechanisms that are accessible to all Lunch at Hotel Burg Schlaining Be able to apply a broad concept of access to justice, including awareness of the role of NHRIs Understand the role of NHRIs in the implementation of human rights standards Being able to comprehend the existing quality standards regarding NHRIs (Paris Principles) Understand that police forces need to be responsive to the concerns and wishes of all ethnic communities to guarantee a free, peaceful and diverse society. Learn about best practice examples on how the police can deal sensitively with tense situations, encouraging authorities to include a minority aspect in lawenforcement structures and ensuring that police 10

11 forces have the capacity to build lasting, trustbased partnerships with all ethnic communities. Learn about possible structural reforms and options for targeted recruitment, training and professional support, constructive engagement with ethnic communities within community policing frameworks, operational practices, and building capacity for the prevention and management of conflict. 1 Dinner at Hotel Burg Schlaining FRIDAY, 26 OCTOBER 2018 Promoting Effective Partnership in Public Life Monitoring and Reporting MODULE IV: Application 13:00 Lunch at Hotel Burg Schlaining 14:00 15:30 NM Rights Promotion: Awareness Raising and Campaigning 11 Learn about the right to effective participation as an important aspect of good governance. Learn about effective participation in public life as a prerequisite for a peaceful and democratic society. Understand the importance that national minorities are consulted on decisions that affect them directly. Discuss examples of the broad range of recommendations on themes such as minority representation at national, regional and local levels; access to the civil service, judiciary and law enforcement; consultative bodies; and local selfgovernment, et al that are offered by the HCNM. Understand the rationale, goals and key principles of human rights monitoring Understand the role of civil society in the existing monitoring systems Learn to apply the monitoring cycle (assessment, information gathering, verification/analysis, report writing, follow up) Assess security, safety and gender aspects Raising awareness of minority issues among local actors Support activities for NM institutions/organisations; Networking and partnership activities. Be familiar with the basic tenets of human rights advocacy; Strategic litigation in the regional HR framework (ECHR)

12 16:00 17:30 1 Capacity Building Methods of information dissemination; Understand how to organise awareness campaigns and how to network with local partners Understand human rights education and awareness raising as tools to empower rights holders and to strengthen government and other national institutions Discuss capacity building tools (e.g. training judges and lawyers about international minority rights standards; technical support to governments to review legislation, etc.) Contextualise the combined potential of the concepts presented throughout the course for the development of effective, sustainable Closing Ceremony at the Knights Hall Farewell Dinner at Hotel Burg Schlaining representation and human rights enforcement mechanisms for NMs SATURDAY, 27 OCTOBER 2018 Departure of Participants 12