Le fonti CSCE/OSCE sulle minoranze nazionali - di Giovanni Barberini

1 - La protezione delle minoranze nazionali è stato certamente un tema caro alla Conferenza sulla Sicurezza e la Cooperazione in Europa (CSCE) e ora all'Organizzazione per la Sicurezza e la Cooperazione in Europa (OSCE); e i dibattiti, i negoziati, i documenti, gli interventi che si sono registrati dall'avvio dei lavori della Conferenza di Helsinki costituiscono un elemento particolarmente significativo della sua storia. (continua)

ABSTRACT: The problem of the protection of national minorities was considered in the Helsinki Final Act of the Conference on Security and Co-operation in Europe (CSCE) in the 1975 from point of view of the individual rights; the VII principle of the decalogue that enacted the respect for human rights and fundamental freedoms for all the persons, including those belonging to national minorities, had to be read in the logic of the principles of the inviolability of frontiers and the territorial integrity of States. The difficulties met by the doctrine to give a definition of national minorities also explain him with the history, with the tradition and with the political and war stories that Europe has crossed making to record so many deeply different situations among them and also potential cause of conflicts. In 1989 the problem of the protection of the minorities started to earn in the sensibility of the international community and they resulted a great deal meaningful the contained forecasts in the conclusive documents of three CSCE Meetings: Copenhagen, 1990; Geneva, 1991 and Helsinki 2 in the 1992. The international community takings action that the matter of the national minorities was connected with the security system and of stability in the European continent. Also for this reason the participating States to the CSCE decided to found the office of the High Commissioner on national minorities which a great discretionary competence is recognized for assuring the early warning and a early action and political interventions regarding tensions involving the national minorities that can degenerate in conflicts. The CSCE and now the OSCE, has intended to give life to a pacific system of “internationalization” of the problems concerning the national minorities.