It is a matter of fact that the numerous wars in the OSCE area have engendered movements of people who flee their homes during the conflicts for reasons of real or perceived persecution. The issue, grown to be particularly acute during the 1990’s in the Balkan region, became one major concerns of OSCE States. Among the “Enhanced commitments and co-operation in the Human Dimension” of the Helsinki Summit Declaration (Concluding Document of Helsinki – The Fourth Follow-up Meeting, 10 July 1992), a special chapter is dedicated to Refugees and displaced persons: seven paragraphs in which the participating States recognize the problems related to this phenomenon and their commitment to help in all cases in which they occur. In paragraph 32 (VIII. The Human Dimension) of the Budapest Summit Declaration (Concluding Document of Budapest, 6 December 1994) the  participating States express their concern at mass migratory movements in the CSCE region and, taking into account the Rome Council Decisions of 1993, decide to expand their co-operation with appropriate international bodies in this respect.

In paragraph 10 of the Lisbon Summit Declaration, 1996, the participating States affirm that they firmly condemn policies of “ethnic cleansing” or mass expulsion, and commit themselves to facilitate the return, in safety and in dignity, of refugees and internally displaced persons, according to international standards. Once people have returned to their places of origin, the ODIHR Migration Advisor has to help in the process of reintegration in order to avoid any kind of discrimination. The participating States also express support for the ongoing activities of the ODHIR Migration Advisor to follow up on the Program of Action agreed at the May 1996 Regional Conference to address the problems of refugees, displaced persons, other forms of involuntary displacement and returnees in the relevant States.

In this context another document of major significance is the Charter for European Security, Istanbul 1999. In paragraph 6 the participating States assert their commitment to facilitate return of refugees and all persons who have been forced to leave their places of origins, in particular members of minority groups. In paragraph 22 they reaffirm  their denunciation of any policy of ethnic cleansing or mass expulsion, confirming their commitment to respect the right to seek asylum and to ensure the international protection of refugees as set out in the 1951 UN Convention Relating to the Status of Refugees and its 1967 Protocol, as well as to facilitate the voluntary return of refugees and internally displaced persons in dignity and safety, taking in special consideration the reintegration of refugees and internally displaced persons in their places of origin.

Paragraph 24 is about measures to undertake to eliminate all forms of discrimination against women, violence against women and children, sexual exploitation and all forms of trafficking in human beings, with special attention to exploitation of children in armed conflict and post-conflict situations, including refugee and displaced minors.

OSCE Missions to conflict areas are steadily working on the problem of internally displaced people, refugees and their return, by carrying out extensive field monitoring activities of the of return programs and related problems which can include: physical obstacles to return, difficulties in repossession of property, unequal access to reconstruction assistance, difficult economic situation, lack of security, lack of adequate reconciliation processes and lack of information. Their major work is the development of appropriate strategies to help solving such problems, often in accordance with other international actors present on the field.  

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.