In the Vienna 1989 document (“Questions relating to Security in Europe”, paragraph 20) the participating States affirm their respect to the right of everyone to freedom of movement and residence within the borders of each State, to leave any country - including his/her own - and to return to his/her own country. Two years later, in the Moscow 1991 document (paragraph 33), they commit to remove all kinds of restrictions, including legal ones, related to travel within their territories for their own nationals and foreigners, and with respect to residence for those entitled to permanent residence. The only exceptions are those restrictions which may be necessary and officially declared for military, safety, environmental or other legitimate government interests, in accordance with their national laws, consistent with CSCE commitments and international human rights obligations, with the commitment to keep such restrictions to a minimum.

The ODIHR Migration Unit, created following the 1996 OSCE Lisbon Summit, assists participating States in meeting their OSCE commitments in the areas of freedom of movement and choice of place of residence, migration, and human contacts. In Georgia, for example, ODIHR is working on the development of new housing and property rights law for refugees and internally displaced persons, a key step in the resolution of the Georgian-South Ossetian conflict.

During the OSCE Conference on Racism, Xenophobia and Discrimination of September 2003, a joint NGO & National Bodies Statement about Racial Segregation in Education and in Housing was delivered: the statement affirms the need to eliminate segregation of Roma in housing and ensure access for Roma to adequate living conditions; to guarantee security of tenure to Roma occupants of houses and land, by ensuring, inter alia, a general protection from forced evictions; to guarantee due process in line with international standards related to forced evictions and ensure that victims of forced evictions are provided with adequate alternative housing.

The document also states the urgent necessity to end the practice of segregating Roma in the educational system in schools for the mentally handicapped; in inferior ghetto schools; and in Roma-only classes in mainstream schools. This should result in the implementation of comprehensive and long-term desegregation plans to ensure that Roma may fully realize their right to education.

This responsibility recalls the commitment taken in Vienna 1989: in paragraph 14 of the Questions relating to Security in Europe the participating States recognize that the promotion of economic, social, cultural rights as well as of civil and political rights is of paramount importance for human dignity and for the attainment of the legitimate aspirations of every individual, and affirm that in this context they will pay special attention to problems in the areas of education. In the section on  “Cooperation in other areas”, the participating States acknowledge that the impact of economic and technological change is being acutely felt in the work place and underline their readiness to encourage cooperation in the field of vocational training policy through increased exchange of information and experience, with the aim of enhancing the educational standards, professional knowledge, skills and adaptability of personnel involved in industry and commerce (paragraph 45). They also recognize the importance of facilitating the integration of young people into professional life and will therefore continue their efforts to ensure the necessary conditions for the education and vocational training of young people and to promote youth employment opportunities in various sectors of the economy. They will continue their efforts to create conditions for developing the level of scientific and cultural knowledge of their citizens, especially young people, and for facilitating their access to achievements in the areas of natural and social sciences, as well as culture (paragraph 46).

A special chapter is on Cooperation and exchanges in the field of education (paragraphs 63 to 71). The participating States commit, among other issues, to ensure equality in access to the various types and levels of education without discrimination as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, to encourage wider cooperation in science and education, to ensure unimpeded access by scholars, teachers and students to open information material available in public archives, libraries, research institutes and similar bodies; to facilitate exchanges of schoolchildren between their countries on the basis of bilateral arrangements; to encourage their relevant government agencies or educational institutions to include, as appropriate, the Final Act as a whole in the curricula of schools and universities; to ensure instruction on their own culture to persons belonging to national minorities or regional cultures; to encourage their radio and television stations to inform each other of the educational programs they produce and to consider exchanging such programs and to encourage direct contacts and cooperation between relevant governmental institutions or organizations in the field of education and science.

In the Copenhagen 1990 document (paragraph 14) the participating States reaffirm these commitments, while adding that they agree to promote travel by young people from their countries for the purpose of obtaining education in other participating States and to that end to encourage the conclusion, where appropriate, of bilateral and multilateral agreements between their relevant governmental institutions, organizations and educational establishments.

In the Moscow 1991 document, the same principles can be found in paragraphs 42 to 42.6, with a special attention to specific programs in the field of human rights.

Consistent with its mandate in the area of human rights and pursuant to the decision of the OSCE Permanent Council in July 2002, the OSCE Mission to Bosnia and Herzegovina has assumed responsibility for the coordination and facilitation of the work of the International Community in the education sector. In order to fulfill this responsibility, the Mission has created an Education Department within its Head Office and added specialist education staff to its existing field structure.

Through its extensive field presence, the OSCE also monitors and intervenes in education-related matters and sustains contact with stakeholders in education at all levels. The Mission has also created Regional Education Co-ordination posts to supplement its field presence in order to effectively undertake a lead coordinating and monitoring role at a regional level through the establishment of Regional Education Working Groups.

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