National Minority Rights and Democratic Political Community: Experience and Perspective of the OSCE High Commissioner on National Minorities

2019 ◽  
Vol 48 (2) ◽  
pp. 267-272
Author(s):  
Stéphanie Marsal
Keyword(s):  
Ethnic Diversity ◽  
Minority Groups ◽  
Good Governance ◽  
Political Community ◽  
National Minority ◽  
Potential Contribution ◽  
Cultural Autonomy ◽  
National Minorities ◽  
High Commissioner ◽  
Inclusive Approach

AbstractThis article examines the OSCE HCNM experience with regard to situations where cultural autonomy arrangements exist and discusses the potential contribution of such arrangements to managing ethnic diversity. It reviews some of the salient issues that have arisen with regard to the legal and political framework of these arrangements. This article highlights the importance for bodies of cultural autonomy to comply with good governance principles, including respect for diversity within minority groups and insists on a more inclusive approach to autonomy.

Effective Participation of National Minorities in Public Affairs in Light of National Case Law

2009 ◽  
Vol 16 (4) ◽  
pp. 621-642 ◽  
Author(s):  
Joseph Marko
Keyword(s):  
Ethnic Diversity ◽  
Legal Status ◽  
Minority Groups ◽  
Case Law ◽  
Public Affairs ◽  
Constitutional Courts ◽  
National Courts ◽  
National Minorities ◽  
Nation States ◽  
Protection Mechanisms

Based on different concepts of nation-states, the article tries to demonstrate through the analysis of decisions of national courts that despite the same wording of the constitutional text, supreme and constitutional courts may come to totally differing conclusions in light of the constitutional history and doctrine of the respective country. The first part of the article gives an overview on case-law denying effective participation through non-recognition of ethnic diversity as a legal category, for instance through the ban of the formation of political parties along ethnic lines or through interpretative preemption of the legal status of minority groups. The second part of the article gives an overview of various legal mechanisms in order to enable, support, or even guarantee the representation and process-oriented effective participation of minorities in elected bodies, such as exemptions from threshold requirements in elections or reserved seats in parliament, and through cultural and territorial self-government regimes in those constitutional systems which legally recognize ethnic diversity. Nevertheless, the case-law demonstrates how difficult it remains to reconcile the notion of "effectiveness" with a positivistic and formal-reductionist understanding of terms such as equality, sovereignty, people or nation. The Lund Recommendations have served as an important guideline for a new, "communitarian" understanding of "effective" participation so that the author argues in conclusion that it requires more intra- and inter-disciplinary dialogue between law, politics and (legal) philosophy as well as between national and international minority protection mechanisms to "constitutionalize" this philosophy.

Fluid Borders of National-Cultural Autonomy: The Legal Status of National Minority Councils in Serbia

2019 ◽  
Vol 48 (2) ◽  
pp. 273-288
Author(s):  
Katinka Beretka
Keyword(s):  
Legal Status ◽  
Governance Structure ◽  
National Minority ◽  
Constitutional Court ◽  
Public Agencies ◽  
Cultural Autonomy ◽  
National Minorities ◽  
Social Scientific ◽  
Legal Character ◽  
Real Self

AbstractThis article gives an overview of the current position of minority self-governance within the Serbian legal order and its multilevel governance structure, with a particular focus on issues deriving from the missing legal determination of national minority councils. Although Serbia’s 2009 Law on National Minority Councils was welcomed by the international community, both national minority councils and public agencies have from the very beginning of its operation expressed serious concerns relating inter alia to the unspecified legal status of the councils. This has resulted in frequent misunderstandings in practice and, rather than being real self-governments of national minorities under public law, the councils are usually treated as nongovernmental organizations (NGOs) or organizations under the influence of political parties. Instead of presenting (international) political and social scientific approaches to the legal character of non-territorial autonomy in general, the article focuses on concrete legislative solutions and Constitutional Court practice regarding issues relevant to the de jure status of national minority councils in Serbia, such as election rules, competences, and funding.

One year after the June 2010 events in Kyrgyzstan: the possible implications for regional security

2011 ◽  
Vol 22 (1) ◽  
pp. 63-69
Keyword(s):  
Central Asia ◽  
International Organizations ◽  
Minority Groups ◽  
Regional Security ◽  
Ethnic Conflicts ◽  
Ethnic Minority Groups ◽  
Regional Conflicts ◽  
National Minorities ◽  
High Commissioner ◽  
One Year

AbstractThis article includes some ideas on the crisis that took place in Osh, Kyrgyzstan in June 2010. Apart from a brief summary of the events, it describes viewpoints of the main 'actors' including the international organizations; it also seeks an answer to the question on what the reasons leading up to these tragic events were. Regarding possible sources of conflicts, including the factor of ethnic minorities, the question arises whether the various international mechanisms created for handling regional conflicts function properly, in a conducive way, and whether they can warn the international community of an evolving crisis and prevent conflicts. According to the facts, in the concrete case of the Osh crisis, the OSCE High Commissioner on National Minorities succeeded in fulfilling his task in the area of early warning; however, no concrete actions were taken by the above-mentioned 'actors' in regional and international politics to prevent the conflict. This paper has no intention of dwelling on this issue as it was very adequately addressed by an earlier article written by Sabine Machl. The ethnic conflicts of 1990 and 2010 in Central Asia demonstrate the vulnerability of the region, which also faces some additional challenges in the field of security. This article does not intend to examine all the aspects of the Kyrgyz crisis. However, as some experts at the time of the Osh events explicitly mentioned, the possibility of the infiltration of militants from Afghanistan and their involvement in the clashes and as Afghanistan itself is a country, where about half of the population belong to various ethnic 'minority' groups (Tajiks, Uzbeks, Hazaras, Turkmens, etc.), one cannot ignore the danger of the implication of the conflict going on in Afghanistan for its vicinity, including Central Asia. The awareness of this challenge was reflected in various ideas and suggestions (to address the Afghan crisis) emanating from these countries. The most comprehensive of these — according to the views of the author of this article — is the so called '6+3' initiative developed by Uzbekistan. One of the 'messages' of this article should be that, at the present, stronger and more consistent as well as concerted efforts are needed to deal with evolving conflicts and crises in the broader region of Central and West Asia, where these potential conflicts may develop not only by themselves, in separate countries or 'sub-regions', but they could include the danger of a 'spillover' which may also effect other countries.

National Minorities and the Crisis of National Minorities and the Crisis of

2015 ◽  
Vol 12 (1) ◽  
pp. 33-55
Author(s):  
Andreea Udrea
Keyword(s):  
Ethnic Groups ◽  
Minority Groups ◽  
Will Kymlicka ◽  
National Minorities ◽  
High Commissioner

This article discusses the retreat from multiculturalism in Europe. It questions whether the crisis of multiculturalism has had any impact on the accommodation of national minorities and/or ethnic groups. It opens with an interview with the former OSCE High Commissioner on National Minorities, Knut Vollebaek, which is followed by commentaries of four leading scholars: Will Kymlicka, Keith Banting, Tariq Modood and Jennifer Jackson-Preece. Ambassador Vollebaek argues that the crisis of multiculturalism only affects immigrants, and although the rights of national minorities are well protected, it may eventually undermine these rights. In their commentary, Kymlicka and Banting disagree with the view that the backlash against immigration threatens the rights of national minorities. Ambassador Vollebaek also supports the view that more inclusive policies targeting the members of minority groups are necessary. Modood and Jackson-Preece agree, and in their responses discuss how current arrangements could be modified or expanded to become more inclusive.

scholarly journals Geographical, Historical and Political Conditions of Ongoing and Potential Ethnic Conflicts in Central and Eastern Europe

2019 ◽  
Vol 26 (1) ◽  
pp. 149-173 ◽  
Author(s):  
Marek Barwiński
Keyword(s):  
Eastern Europe ◽  
Ethnic Diversity ◽  
Western Europe ◽  
Central And Eastern Europe ◽  
Minority Groups ◽  
Ethnic Conflicts ◽  
Interethnic Relations ◽  
Economic Changes ◽  
National Minorities ◽  
Foreign Policies

For centuries Central and Eastern Europe has been the scene of frequent changes of borders and numerous ethnic conflicts. Contemporary ethnic diversity of this region is much smaller, however, the growing nationalisms of the various societies, mutual mistrust, and the temptation of politicians to use ethnic issues in the regional geopolitical competition pose a real threat to the stability and peace in Central and Eastern Europe. The dynamic political, legal, social and economic changes which have been taking place in this part of Europe for three decades now, which overlay its clear civilization division into the Latin and the Byzantine parts and are intensified by historical animosities, must have had an impact on the situation and the perception of minorities. In contrast to Western Europe, the contemporary ethnic diversity of Central and Eastern Europe is primary the consequence of various, often centuries-old historical processes (settlement actions, voluntary and forced migrations, border changes, the political and economic expansion of particular countries), and in the ethnic structure especially dominate the indigenous groups, migrants, particularly from the outside of the European cultural circle, are of marginal importance. Moreover, national minorities are usually concentrated in the border regions of countries, often in close proximity to their home countries, becoming – often against their will – element of the internal and foreign policies of neighbouring countries. The main aims of the article are to explain the threats to peace arising from the attempts to use minorities in inter-state relations and regional geopolitics as well as engaging minority groups into ethnic and political conflicts (autonomy of regions, secession attempts) and still the very large role of history (especially negative, tragic events) in the shaping of contemporary interethnic relations in Central and Eastern Europe. However, the varied ethnic structure typical for this region does not have to be a conflict factor, on the contrary – it can become a permanent element of the identity and cultural heritage of each country.

scholarly journals RELIGION AND NATIONAL MINORITIES IN THE LEGAL AND POLITICAL SYSTEM OF THE REPUBLIC OF SERBIA

2012 ◽  
Vol 6 (1) ◽  
pp. 133-159
Author(s):  
Vladimir Đurić
Keyword(s):  
Political Participation ◽  
Political System ◽  
Public Affairs ◽  
National Minority ◽  
Specific Method ◽  
Cultural Autonomy ◽  
Minority Identity ◽  
Minority Participation ◽  
National Minorities ◽  
The Republic

This article analyzes the normative regulation of the relation between religion and national minorities in the legal and political system of Serbia. The analysis of religion and national minorities in the legal and political system of Serbia includes four, mutually linked, groups of issues. The first includes issues of normative regulation of the very notion of national minorities and religion, as well as religion as an element of national minority identity. This article’s second field of interest is made up of issues of normative regulation of religion in the political participation of national minorities. The third group of issues are those pertaining to religion and the cultural autonomy of national minorities, as a specific method of national minority participation in the public affairs of the Republic of Serbia. The issue of the range of application of minority rights in the regulation of the establishment and functioning of churches and religious communities is the fourth group of issues observed. It will be noticed that religion is considered, among other characteristics, in the legal and political system of Serbia, the very essence of what makes a social group a national minority and can be the sole element of differentiation and determination of a national minority. The influence and importance of religion as an element of national minority identity is more pronounced and direct in the sphere of national minority cultural autonomy, then in view of their political participation.

scholarly journals SELF-DETERMINATION OF NATIONAL MINORITIES: THE CONSTITUTIONAL AND LEGAL NATURE AND PECULIARITIES OF IMPLEMENTATION

Social Law ◽  
2019 ◽  
Author(s):  
D. Karp
Keyword(s):  
Human Rights ◽  
Sixteenth Century ◽  
World War I ◽  
Minority Groups ◽  
Self Determination ◽  
National Minority ◽  
National Minorities ◽  
The Law ◽  
The Right

The article deals with the conceptual aspects of determining the right to self-determination of national minorities in the science of constitutional law. It is argued that the current constitutions reflect certain conceptual approaches to the subjective composition of national minorities, which requires their comprehensive consideration and scientific and practical analysis in terms of current processes of European interstate integration in the implementation of universally recognized human rights standards, principles and norms, citizen and social groups. The question of national minorities arose in the sixteenth century. Since the sixteenth century, their rights have been enshrined in a number of treaties. After World War I, this process is controlled by the League of Nations. In the respective treaties, national minorities were defined as ethnic religious and linguistic communities that differed in language, ethnicity and culture from the population in which they live. The complexity of the problem lies in the diversity of situations related to the existence of minorities and the concept of nationality as a whole. One of the most successful concepts of "minority groups", which is proposed by the famous Danish scientist Luis Wirth, has been identified. The existence of dominant minorities that do not need protection is justified. Moreover, dominant minorities are sometimes subject to serious violations of the principles of equality, non-discrimination and will of the people as enshrined in the UN Universal Declaration of Human Rights. Attention is drawn to the use of the term "national minority" in national legislation and it is noted that the process of defining the definition of "national minority" is only at the initial stage of formation. The law, which defines the term "national minority" at the official level, became the Law of Ukraine "On National Minorities in Ukraine", adopted by the Verkhovna Rada of Ukraine on June 25, 1992.

New minorities, old instruments? Diversity governance from the perspective of minority rights

2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Minority Protection ◽  
Common Definition ◽  
National Minorities ◽  
Scope Of Application

In international law, minority rights instruments have been traditionally conceived for, and applied to, old minority groups with the exclusion of new minority groups originating from migration. Yet, minority groups, irrespective of their being old or new minorities, can be subsumed under a common definition and have some basic common claims. This allows devising a common but differentiated set of rights and obligations for old and new minority groups alike. This paper argues that the extension of the scope of application of legal instruments of minority protection, such as the Framework Convention for the Protection of National Minorities (FCNM), is conceptually meaningful and beneficial to the integration of new minorities stemming from migration. 

Access to Justice for National Minorities – A Recurrent Theme in the Work of the osce High Commissioner on National Minorities

2017 ◽  
Vol 24 (2) ◽  
pp. 174-194
Author(s):  
Laurentiu Hadirca
Keyword(s):  
Ethnic Conflict ◽  
Minority Rights ◽  
Political Institution ◽  
Access To Justice ◽  
National Minorities ◽  
Specific Advice ◽  
High Commissioner ◽  
Recurrent Theme ◽  
Country Specific

This article provides an overview of the work of the osce hcnm on issues of access to justice for national minorities, based on a review of relevant thematic recommendations, country-specific advice, official statements, as well as other activities, projects and engagements of the hcnm. The article analyses how the hcnm’s specific mandate – as a political institution tasked to prevent inter-ethnic conflict, operating primarily through “quiet diplomacy” – has shaped its approach to human and minority rights, and to access to justice issues in particular. The overview shows that throughout the years, access to justice has become a recurrent, if at times tangential, theme for the institution. Overall, the article seeks to distil the general hcnm approach to access to justice issues as it was conveyed through a variety of thematic recommendations and guidelines, specific advice and other relevant engagements, undertaken in the course of the two-and-a-half decades of the institution’s existence.

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