Approaches to ethnic conflict and the protection of human rights in post‐communist Europe: The need for preventive diplomacy

Abstract

Ethnic conflict in post‐communist states is often caused by human rights abuses stemming from the lack of democratic institutions and other politico‐legal mechanisms for resolving inter‐ethnic disputes. This article compares the legal approach to the management of ethnic conflict and the protection of human rights in post‐communist states with the political approach of the Organization for Security and Cooperation in Europe (OSCE), with specific reference to Estonia and Albania. It concludes that while the Council of Europe often sets the standards and norms regarding the treatment of minorities, it is the OSCE, especially through the work of the High Commissioner on National Minorities, that has the capability to accommodate ethnic tensions more effectively. Post‐Cold War conflicts require new means of resolution: quiet preventive diplomacy and human rights protection are the foundations for managing multi‐ethnic tensions before they become violent. In short, a multi‐dimensional preventive diplomacy regime is needed that will capitalize on the comparative strengths of both legal and political approaches.