Monitoring minority rights : twenty-five years of implementation of the framework Convention for the protection of national minorities
Monitoring minority rights : twenty-five years of implementation of the framework Convention for the protection of national minorities
Contributor(s): Goran Bašić (Editor)
Subject(s): Sociology, International relations/trade, Inter-Ethnic Relations, Ethnic Minorities Studies
Published by: Институт друштвених наука
Keywords: multiculturalism; post-Yugoslav states; ethnic conflicts; minority rights; xenophobia; intercultural dialogue
Summary/Abstract: In the countries that formed on the territory of Yugoslavia, multiculturalism is a phenomenon that few people are truly happy about. Ethno-cultural differences were often the cause of conflicts, xenophobia and nationalism. The peoples in this area aspire to a life based on a monocultural outlook, on ethnically homogeneous territories populated by culturally, ethnically, linguistically and religiously close compatriots. In the last three decades, on the legacy of the conflicts that followed the breakup of Yugoslavia, but also on the experiences of the multiculturalism policy developed during its history and, in particular, on the standards for the protection of national minorities contained in the Framework Convention for the Protection of National Minorities of the Council of Europe and the recommendations of the High Commissioner on National Minorities of the Organisation for Security and Co-operation in Europe, the post-Yugoslav states have developed their own multiculturalism policies whose goals are the coexistence and security of people and the protection and preservation of the identity of national (ethnic) minorities.
- Print-ISBN-13: 978-86-7093-270-8
- Page Count: 257
- Publication Year: 2023
- Language: English
Minority Rights in the International Law and the Framework Convention for the Protection of National Minorities
Minority Rights in the International Law and the Framework Convention for the Protection of National Minorities
(Minority Rights in the International Law and the Framework Convention for the Protection of National Minorities)
- Author(s):Melina Grizo
- Language:English
- Subject(s):Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:14-36
- No. of Pages:23
- Summary/Abstract:The paper provides an overview of the sources regulating minority rights protection in international law and makes an effort to evaluate in this context the manner in which the FCNM contributes the advancement in the field. Notably, the paper analyses the personal and substantive scope of application of the FCNM, in particular with regards to the development of the principle of positive discrimination. It also evaluates the added value that the hard law obligations bring to the protection of minority rights. Namely, the FCNM keeps the middle ground: compared to the soft law instruments of the UN and the OSCE, it provides legally binding obligations; however, these obligations are not justiciable in front of the ECtHR. This situation is by no means a disadvantage. The paper argues that the real contribution of the FCNM to the development of the minority rights protection lies in its multi-layered approach. The AC’s continuous interpretation of various FCNM principles serves as a source for the development of minority rights legislation and policies. At the same time, the sophisticated evaluation system encourages a dialogue on the challenges related to the minority rights within each State and it contributes toward better understanding among the States with regards to specific issues related to minorities. This process enables a continuous international cooperation whose essential objective is promoting the concept of minority rights protection as a stability factor. Importantly, apart from the political support provided by the involvement of the Committee of Ministers in the procedure, in practice, the implementation of the FCNM is, in many cases underpinned by the diplomatic pressure exercised by other international organizations. Keywords: Minority rights, Framework Convention on the Protection of National Minorities, Advisory Committee
Implementation of the Framework Convention Standards in Protecting National Minorities in Serbia: Lessons (Not) Learned
Implementation of the Framework Convention Standards in Protecting National Minorities in Serbia: Lessons (Not) Learned
(Implementation of the Framework Convention Standards in Protecting National Minorities in Serbia: Lessons (Not) Learned)
- Author(s):Goran Bašić
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:38-71
- No. of Pages:34
- Summary/Abstract:The Framework Convention for the Protection of National Minorities is a multilateral document of the Council of Europe dedicated to issues concerning the status and protection of individuals belonging to national minorities. The implementation of the Framework Convention in Serbia has an interesting and unique history. At the beginning of the millennium, it was expected that the implementation of FCNM and the adoption of the Law on the Protection of the Rights and Freedoms of National Minorities would resolve issues related to the status and realization of the individual and collective rights of minority communities, as well as those concerning interethnic relations. Two decades of implementing FCNM in Serbia indicate the application of international standards in national legislation. However, many problems remain unresolved: there is a significant social distance between ethnic communities; issues related to the recognition of multiple ethnic affiliations hinder the full expression of citizens’ ethnocultural identity; ethnic desegregated data is missing for planning public policies of multiculturalism and inclusion; concepts of minority autonomy and self-government are undermined by a centralized model and the predominance of party politics within the bodies of cultural autonomy institutions. Lastly, numerical censuses are a requirement for the institutional recognition of minority identities. All of the above points to a tension between, more or less, “good” laws and “poor” policies of multiculturalism. Keywords: Framework Convention, Serbia, multiculturalism, ethnic segregation
Framework Convention and the Right to Use Minority Languages – The Case of Slovenia
Framework Convention and the Right to Use Minority Languages – The Case of Slovenia
(Framework Convention and the Right to Use Minority Languages – The Case of Slovenia)
- Author(s):Miran Komac, Sonja Novak Lukanović
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:72-107
- No. of Pages:36
- Keywords:minority languages; FCNM; national minorities; bilingualism
- Summary/Abstract:The paper discusses the right to the official use of minority languages in Slovenia in relation to the standards of the Framework Convention for the Protection of National Minorities. The authors point to examples of the application of this right in Slovenia and to the problems arising in the national policy of multiculturalism, in which multilingualism should play an integrative role. Taking into account experiences, and on the basis of arguments, the authors take a certain scepticism regarding the effectiveness of the system for the protection of the rights of national minorities.
Bosnian-Herzegovinian Pluralism: Transitioning from Ethnicities to National Minorities
Bosnian-Herzegovinian Pluralism: Transitioning from Ethnicities to National Minorities
(Bosnian-Herzegovinian Pluralism: Transitioning from Ethnicities to National Minorities)
- Author(s):Nermina Mujagić
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Constitutional Law, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:109-132
- No. of Pages:24
- Summary/Abstract:The main approach of this article is to represent Charles Taylor’s idea of the “politics of recognition”, proposed in his eponymous article (1994), which is grounded in advocacy for the promotion of respect for diverse cultures, identities, and values within society. Taylor accentuates the significance of acknowledging various cultures and groups, along with their contributions to society, rather than subjecting all these diversities to a singular universal norm or standard (Taylor, 1994). The paper is divided into two sections. The first section explores the concept of ‘the politics of recognition’ in Bosnia and Herzegovina (B&H) and presents glaring instances of violations of rights, not only of national but also of constitutional minorities in B&H, which stem from the Dayton state structure.
The Position of National Minorities in North Macedonia according to the Framework Convention
The Position of National Minorities in North Macedonia according to the Framework Convention
(The Position of National Minorities in North Macedonia according to the Framework Convention)
- Author(s):Rubin Zemon
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:132-152
- No. of Pages:21
- Keywords:inter-ethnic dialog; antidiscrimination; education; minority participation; media
- Summary/Abstract:After the armed conflict in 2001 and the adoption of constitutional changes related to the Ohrid Framework Agreement, opinions have increasingly been heard, from intellectuals, as well as other members of public, that beneath the layer of multiculturalism, North Macedonia has been developing into a bi-ethnic, bi-cultural, and bi-polar society. In such a context, North Macedonia as a diverse society has been creating its own model of multiculturalism, from several levels, but with asymmetrical relations. Since the entry into force of the Framework Convention for the Protection of National Minorities, North Macedonia has been confronted with international standards in this field, as well as challenges to their implementation. Despite the fact that in statements by politicians, regardless of their orientation, especially those intended for international actors, the declaration that Macedonia is a multicultural society and that it meets (and exceeds) international standards dominates, many things related to the protection of communities remain unclear, undeveloped and non-functional in terms of state policies and strategies. North Macedonia has already started the EU accession negotiations and Chapter 23 is about to be opened very soon, thus recommendations of the AC FCNM within the sixth cycle of monitoring will be crucial for the improvement of the position of minority communities in the country.
Implementation of the Framework Convention for the Protection of National Minorities in Montenegro – Experiences and Challenges
Implementation of the Framework Convention for the Protection of National Minorities in Montenegro – Experiences and Challenges
(Implementation of the Framework Convention for the Protection of National Minorities in Montenegro – Experiences and Challenges)
- Author(s):Danijela Vuković-Ćalasan
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:154-174
- No. of Pages:21
- Keywords:Framework Convention for the Protection of National Minorities; Montenegro; national minorities; Roma; minority rights
- Summary/Abstract:In the period when Montenegro expects the Fourth Opinion of the Advisory Committee on the Framework Convention for the Protection of National Minorities, it is advisable to draw attention to some of the most important challenges faced by those responsible for the implementation of policies towards ethno-cultural minority communities and by the members of these communities themselves. Bearing in mind the most important conclusions and suggestions given in the Third Opinion on Montenegro of 2011, the paper will deal with some still current problems in the successful management of ethno-cultural pluralism in the context of Montenegro, a very important part of which is the successful application of the Framework Convention for the Protection of National Minorities. A significant part of the Third Opinion on Montenegro refers to the problems and challenges faced by the members of the Roma and Egyptian ethno-cultural community. The status of Roma and Egyptians is still incomparably worse compared to the position of all other ethno-cultural communities in Montenegro. This fact requires additional efforts by all relevant political and social actors so that, finally, the members of the mentioned communities cease being outside the social and political arena, exposed to anti-Romaism, segregation and marginalisation in all dimensions of social integration.
Significance of the Framework Convention for the Protection of National Minorities in Shaping Croatian Minority Policy
Significance of the Framework Convention for the Protection of National Minorities in Shaping Croatian Minority Policy
(Significance of the Framework Convention for the Protection of National Minorities in Shaping Croatian Minority Policy)
- Author(s):Ružica Jakešević, Siniša Tatalović
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Social Sciences, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:176-199
- No. of Pages:24
- Keywords:Framework Convention for the Protection of National Minorities (FCNM); national minorities in Croatia; Constitutional Law on the Rights of National Minorities; minority rights; political participation
- Summary/Abstract:The ratification of the Framework Convention for the Protection of National Minorities (FCNM) in Croatia in 1997 marked the beginning of the formation of a model for the protection of national minorities based on the principles of identity and integration. According to these principles, members of national minorities should be integrated into Croatian society as equal citizens, but also have the possibility of preserving and developing their minority identities. The FCNM, together with European Charter for Regional or Minority Languages, served as the basis for the subsequent adoptions of the Law on the Official Use of the Language and Script of National Minorities (2000) and the Law on Education in the Language and Script of National Minorities (2000), as well as Constitutional Law on the Rights of National Minorities (2002) as the most important piece of minority legislation in Croatia. The adoption of a normative framework for the protection of national minorities was an important prerequisite for the beginning of Croatia’s European and Euro-Atlantic integration. The FCNM and national legislation in Croatia enabled a high level of participation of national minorities in decision-making processes at all levels of government, as well as the establishment of minority institutions for the preservation and development of their identities.
National Minority Recognition and the Scope of Implementation of the Framework Convention in in the States of the Post-Yugoslav Area
National Minority Recognition and the Scope of Implementation of the Framework Convention in in the States of the Post-Yugoslav Area
(National Minority Recognition and the Scope of Implementation of the Framework Convention in in the States of the Post-Yugoslav Area)
- Author(s):Petar Antić
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:200-218
- No. of Pages:19
- Keywords:National Minorities; Nation; Ethnicity; Majority; Exclusion; Rights; Recognition
- Summary/Abstract:Different understandings of the notions of nation and national minority among states made it impossible to establish a universal definition in international law. The lack of definition of national minorities in the Framework Convention on National Minorities, (hereinafter: Framework Convention) enabled flexible approach allowing the acceptance and ratification by the majority of member states. The solution was that a State would not need to declare specific national minorities at the time of the ratification, while the groups to access minority rights and benefit from application of the Framework Convention would not need a specific legal status under the given circumstances. This solution allowed the promotion of minority rights in Europe, but with the potential of states avoiding the obligation by using different interpretations of the term of minority. In order to avoid the arbitrary exclusion of certain minorities by the states, the Council of Europe authorized the Advisory Committee as a group of independent experts to help in monitoring and advising on the recognition of the groups exercising minority rights. Monitoring reports show that there are member states that still persistently avoid to provide the rights to all the groups that should benefit from them. All the countries of the post-Yugoslav area adopted the Framework Convention, but the Advisory Committee criticized the scope of its application in all of them.
Tolerance and Intercultural Dialogue vs. Discrimination of National Minorities – Application of the Framework Convention for the Protection of National Minorities in Serbia
Tolerance and Intercultural Dialogue vs. Discrimination of National Minorities – Application of the Framework Convention for the Protection of National Minorities in Serbia
(Tolerance and Intercultural Dialogue vs. Discrimination of National Minorities – Application of the Framework Convention for the Protection of National Minorities in Serbia)
- Author(s):Milica S. Joković Pantelić, Ivana Stjelja
- Language:English
- Subject(s):Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:220-247
- No. of Pages:28
- Keywords:national minorities; equality; dialogue; tolerance; discrimination
- Summary/Abstract:This paper aims to analyse the application of the Framework Convention for the Protection of National Minorities in Serbia, i.e., obligations arising from Articles 4 and 5 of this Convention. The analysis deals with prerequisites and conditions that are of relevance for the purpose of protecting national minorities, the latter being significant in order to ensure that national minorities are protected against discrimination. For the minority national and ethnic identities to be accepted, it is important to raise the level of population’s culture, especially political culture, whereby it is particularly significant to embrace and respect differences. Without this, a harmonious cohabitation of all ethnic groups, both the majority and minority ones, is not possible. Substantial means for the fulfilment of obligations stipulated by the Framework Convention are upbringing, education, socialisation, dialogue, tolerance, compromise, and consensus. The purpose of this paper is also to review conditions for the specific application of Articles 4 and 6 of the Framework Convention for the Protection of National Minorities. This analysis includes the Fourth and the Fifth Periodical Reports on monitoring the application of the Convention, the reports pertaining to mutual interactions and communication, use of the language in everyday communication, education, and protection against discrimination. We have additionally analysed proposals and views of the Council of Europe Advisory Committee and reports compiled by the Republic of Serbia. Finally, we have drawn certain conclusions presented in the form of measures which, according to the Framework Convention, Serbia should undertake for the purpose of protecting national minorities.
About the authors
About the authors
(About the authors)
- Author(s):Author Not Specified
- Language:English
- Subject(s):Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
- Page Range:249-255
- No. of Pages:7
