Kulturna autonomija nacionalnih manjina u svetlu činjenica

Kulturna autonomija nacionalnih manjina u svetlu činjenica
Cultural autonomy of national minorities in the light of facts

Contributor(s): Tibor Várady (Editor), Goran Bašić (Editor), Siniša Tatalović (Editor)
Subject(s): Politics / Political Sciences, Politics, Human Rights and Humanitarian Law, Governance, Public Administration, Sociology, Ethnic Minorities Studies
Published by: Институт друштвених наука
Keywords: Cultural autonomy; National minorities; Multicultural citizenship; National minority councils; Ethnic identity; Minority self-government; Social integration
Summary/Abstract: Zbornik radova „Kulturna autonomija nacionalnih manjina u svetlu podatka“ posvećen je dvema tematskim celinama, prva je o neteritorijalnoj samoupravi nacionalnih manjina, druga o potrebi prikupljanja podataka o položaju i ostvarivanju prava na zaštitu etnokulturnog identiteta manjina. Činjenica da pažnju ovim temama posvećuju dve nacionalne naučne institucije Srpska akademija nauka i umetnosti i Institut društvenih nauka i regionalna Akademska mreža za saradnju u jugoistočnoj Evropi ukazuje na naučni i društveni značaj problema. Takvo nastojanje je u saglasnosti sa interesovanjem za ove teme u evropskom naučnom prostoru u kojem je sve više inicijativa za empirijskim istraživanjima različitih aspekata položaja nacionalnih manjina. Novija istraživanja Instituta društvenih nauka, a posebno istraživanje „Socijalna distanca etničkih zajednica u Srbiji“ ukazala su na značaj naučno verifikovanih podataka za sagledavanje različitih fenomena svojstvenih multietničkim društvima: inkluzija, segregacija, građanska participacija, diskriminacija, poverenje... Uprkos tome što su ovi podaci osnova za dalja istraživanja i jasno sagledavanje efekata javnih politika koje su usmerene ka nacionalnim manjinama za njih nema interesovanja u Srbiji, a slična situacija je i u zemljama regiona.

Print-ISBN-13: 978-86-7093-248-7
Page Count: 224
Publication Year: 2021
Language: Serbian

Kulturna autonomija nacionalnih manjina: teorijske perspektive i praktični izazovi

Kulturna autonomija nacionalnih manjina: teorijske perspektive i praktični izazovi
(CULTURAL AUTONOMY OF NATIONAL MINORITIES: THEORETICAL PERSPECTIVES AND PRACTICAL CHALLENGES)

Author(s):Jelena Lončar, Nikola Beljinac
Language:Serbian
Subject(s):Politics / Political Sciences, Politics, Human Rights and Humanitarian Law, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
Page Range:11-29
No. of Pages:19
Keywords:cultural autonomy; multicultural citizenship; national minorities; national councils of national minorities; belonging
Summary/Abstract:The paper examines the theoretical foundation of the cultural autonomy of national minorities, as well as its practical implications using as an example the work of national councils of national minorities in Serbia. The first part maps the normative assumptions of the concept, proceeding in the second part with a discussion on theoretical dilemmas and practical challenges related to formal-procedural aspects of cultural autonomy and controversies that accompany the election and performance of representative bodies of minority self-governance in Serbia. The third part discusses the way in which minority ethnic identities are constructed and maintained within the framework of cultural autonomy, with special emphasis on the danger of their essentialist understanding. The fourth and concluding sections deal with the (dis)integrative effects of cultural autonomy. The issue of (non)inclusion of national minorities in the wider community is related to the reproduction of the feelings of non-belonging, which has not been eliminated in the regime of multicultural citizenship.

Teorijski i kontekstualni problemi manjinske politke

Teorijski i kontekstualni problemi manjinske politke
(THEORETICAL AND CONTEXTUAL ISSUES OF ETHNIC MINORITY POLICIES)

Author(s):Tibor Pap
Language:Serbian
Subject(s):Politics / Political Sciences, Civil Society, Sociology, Government/Political systems, Electoral systems, Ethnic Minorities Studies
Page Range:31-47
No. of Pages:17
Keywords:identity politics; Luhmann’s social theory; minority theory; minority policy; political theory welfare state
Summary/Abstract:The primary aim of the present text is to develop theoretical foundations of ethnic minority policies in the context of political theory. It seems that the theoretical framework of this area is not sufficiently developed yet: it is primarily a question of the social situation of minority communities. Although this is constantly being discussed, there is little talk about the sources that create the minority situation. Politics is behind these forces. This is not just about bad – not democratic – politics. As long as unintentional negative consequences of economy policies are acknowledged and a separate tool, social policy, serves to mitigate them, we do not assume a similar connection between majority decision-making and the minority situation. In order to present this connection, it is necessary to elaborate the minority theory in detail. I start from the premise that the minority situation is a derivative of majority, ‘natural’, decision-making. In this sense, good policy can also lead to inequalities. These induce tasks that fall within the competence of the majority state. While the tasks that arise in the context of national cohesion (identity policy) are the subject of national policy. The effectiveness of minority policy largely depends on the extent to which the majority state intends to act as a partner in its implementation. Does it help or hinder the establishment of institutions that are essential for minority policy? Are there any minority policy institutions at all, and if so, how independent are they? Is there a properly trained team of professionals to solve minority problems? The Serbian model of personal autonomy, the institution of national councils, promises a constitutive solution that can also have a positive impact on negotiations with the EU. All these results should be discussed on a theoretical basis, and not just as a local feature.

Teritorijalnost i neteritorijalnost autonomije: dileme s one strane kulturalizma

Teritorijalnost i neteritorijalnost autonomije: dileme s one strane kulturalizma
(TERRITORIALITY AND NONTERRITORIALITY OF AUTONOMY: DILEMMAS BEYOND CULTURALISM)

Author(s):Alpar Lošonc
Language:Serbian
Subject(s):Constitutional Law, Cultural Essay, Ethnic Minorities Studies
Page Range:49-73
No. of Pages:25
Keywords:autonomy; national minorities; culture
Summary/Abstract:Тhe paper consists of three parts. Its intention is to rethink the terms of the debate on territoriality and non-territoriality related to the minority-based autonomy. In the first part, we start from the legal regulation of national councils in Serbia and register the special status of culture in the legal text. We point to the fact that this is a multifaceted term that makes it difficult to translate it into legal discourse, which allows for conflicting political interpretations of the same term. At the same time, we conclude that a solution has been accepted in Serbia that equates non-territoriality with culture. There are arguments for this orientation, but we must be aware that the notion of culture is exposed to waves of global dynamcics. In the second part, taking into account global metaframeworks, we try to rethink the arguments for and against territorial and non-territorial solutions, emphasizing that many debates are reductive due to the narrow interpretation of culture. We pay attention to the fact that the meanings of territoriality and non-territoriality are changing, which motivates us to think in relation to the situation in Serbia. Starting from the fact that no solution is perfect, we intend to fix the conditions of the discussion with a complex coverage of appropriate dilemmas and to rethink the condition of a critical analysis of the situation in Serbia. In the third part, we criticize the narrow understanding of culture that ends in culturalism. We point out that economic/ political dynamics are always inscribed in cultural relations. Starting from the exceptional importance of the market for globalization trends, we express the opinion that today’s multiculturalism is destined to oscillate between the original social-liberal and neoliberal variants, which brings the notion of culture into new contexts.

Manjinska samouprava i kulturna autonomija u Srbiji: Od dobre ideje do opterećujuće prakse

Manjinska samouprava i kulturna autonomija u Srbiji: Od dobre ideje do opterećujuće prakse
(MINORITY SELF-GOVERNMENT AND CULTURAL AUTONOMY IN SERBIA: FROM GOOD IDEA TO BURDENING PRACTICE)

Author(s):Goran Bašić
Language:Serbian
Subject(s):Politics / Political Sciences, Politics, Public Administration, Sociology, Government/Political systems, Electoral systems, Ethnic Minorities Studies
Page Range:75-91
No. of Pages:17
Keywords:minority self-government; cultural autonomy; ethnicity; multiculturalism; segregation; Serbia
Summary/Abstract:In the modern age, the Republic of Serbia is developing a policy of multiculturalism in which minority self-government and cultural autonomy are important pillars. The values of this policy, which correspond to European standards for the protection of national minorities, are enshrined in the country’s Constitution, two basic laws and countless other laws and regulations. However, twenty years after the implementation of such a policy, a high ethnic distance has been maintained in Serbia and there is no trust between ethnic groups. The social reality in Serbia corresponds to the sum of majority and many minority monocultural policies. Faced with mutual bad experiences and waves of populism, members of political elites (majorities and minorities) have developed a policy of segregative multiculturalism in which cultural autonomy and minority self-government are instruments of political centers. Citizens belonging to national minorities are offered a centralized system of minority selfgovernment that addresses voters, not people whose interest is to protect and preserve their ethnic, linguistic and cultural peculiarities. In particular, outside the “concern” of the state and minority selfgovernment are citizens whose identity is rooted in multiple ethnicities.

Ostvarivanje prava na manjinsku samoupravu (odlučivanje) u Srbiji

Ostvarivanje prava na manjinsku samoupravu (odlučivanje) u Srbiji
(EXERCISING THE RIGHT TO MINORITY SELF-GOVERNMENT (DECISION- MAKING) IN SERBIA)

Author(s):Petar Antić
Language:Serbian
Subject(s):Politics, Constitutional Law, Governance, Public Administration, Sociology, Ethnic Minorities Studies
Page Range:93-115
No. of Pages:24
Keywords:The right to minority self-government; Mandate of national councils; Restriction of minority rights
Summary/Abstract:The right of minorities to cultural autonomy is not established as an obligation under international law. There are moves in that direction in certain European instruments, but without the obligation or imposition of this right. On the other hand, the right of national minorities to cultural autonomy is defined by the Constitution of Serbia, Article 75, which defines the right of national minorities to elect their national councils in order to exercise the right to self-government in culture, education, information and official use of language and script. In accordance with the Constitution, the Law on National Councils was passed, which had the task of regulating the right to minority self-government in more detail. However, after its adoption, a part of the professional and political public in Serbia presented various criticisms against it. The excessive competencies of national councils in relation to public institutions in the field of education and information, as well as the system of direct election of councils based on special voter lists of members of national minorities, were especially disputed. Under the influence of the decision of the Constitutional Court of Serbia from 2014, which challenged 10 articles of this Law, on June 20, 2018, amendments to the Law on National Councils of National Minorities were adopted. The new changes aimed to more clearly define their powers, reduce excessive politicization and make the work of national councils more transparent. However, in the opinion of some representatives of national minorities, the new legal solutions still do not address key issues and insufficiently specify the status of national councils, which leaves room for legal and other doubts. According to the amendments to the law, the National Councils of National Minorities are neither citizens’ associations, nor institutions, ie state bodies, and a lot depends on that issue, from their financing, practical daily functioning to competencies. The establishment of a minority self-government mechanism through national councils of national minorities (hereinafter: national councils) and the organization of their elections, whether direct or through an electoral assembly, has strengthened the expectations of persons belonging to national minorities that their elected representatives really influence (decide) issues, concerning their identity. However, in practice, the question arises whether and to what extent the relevant regulations provide the possibility of autonomy in decision-making, ie self-government in culture, education, information and official use of language and script. To answer the question of whether the system of minority self-government in Serbia meets the needs of national minorities, this paper will analyze the need to establish minority self-government, analyze international standards and the right to minority self-government, analyze domestic regulations and mandates of National Councils in Serbia. The system of minority self-government in Serbia meets the needs of different national minorities and, finally, the possible development of regulations in the field of minority self-government.

Obrazovna migracija maturanata mađarske nacionalne zajednice i obrazovna politika Nacionalnog saveta mađarske nacionalne manjine u Srbiji

Obrazovna migracija maturanata mađarske nacionalne zajednice i obrazovna politika Nacionalnog saveta mađarske nacionalne manjine u Srbiji
(EDUCATIONAL MIGRATION OF HUNGARIAN MINORITY HIGH SCHOOL GRADUATES AND THE EDUCATION POLICY OF THE NATIONAL COUNCIL OF THE HUNGARIAN NATIONAL MINORITY IN SERBIA)

Author(s):Karolina Lendák-Kabók
Language:Serbian
Subject(s):Education, Sociology, Higher Education , Ethnic Minorities Studies
Page Range:117-141
No. of Pages:25
Keywords:educational migration; Hungarian national minority; Hungarian National Minority Council; language barrier; educational policies
Summary/Abstract:Educational migration of ethnic minority high school graduates in Serbia has been a topic for many decades, both from a scientific and from a political perspective. The reason for it is that the high school graduates are not returning to their country of origin. The aim of the paper is to present the reasons behind the educational migration of the Hungarian ethnic minority high school graduates, to present the educational policy of the National Council of the Hungarian National Minority (NCHNM) and to present the work of the Hungarian civil societies working in the field of higher education in Serbia. The paper will present quantitative data from years 2014 and 2015, a total of 1,951 questionnaires completed by high school graduates, who were finishing their high school education in their mother tongue, i.e. Hungarian. The results show that almost 50% of high school graduates do not have a satisfactory knowledge of Serbian language, which would enable them to continue their studies in Serbia and 35.5% of them plan to continue their education in Hungary. Even thought, the NCHNM has good incentives, like the scholarships and student dorm, the freshman language course, accompanied with the support from the civil sector. Nevertheless, these measures cannot adequately prepare them to study in the majority language, nor compensate them for their struggles. Therefor this problem has to be addressed structurally through governmental educational policies.

Različiti modeli manjinske samouprave i kulturne autonomije – opravdane razlike ili diskriminacija na etničkoj osnovi?

Različiti modeli manjinske samouprave i kulturne autonomije – opravdane razlike ili diskriminacija na etničkoj osnovi?
(DIFFERENT MODELS OF MINORITY SELF- GOVERNMENT AND CULTURAL AUTONOMY – JUSTIFIED DIFFERENCES OR DISCRIMINATION ON ETHNIC BASIS?)

Author(s):Miran Komac
Language:Serbian
Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Governance, Public Administration, Sociology, Ethnic Minorities Studies
Page Range:143-167
No. of Pages:25
Keywords:Slovenia; national minorities; cultural autonomy; discrimination
Summary/Abstract:The paper discusses the concepts of cultural autonomy and minority self-government in the context of the Slovenian model of multiculturalism. The main thesis is that there are differences in the legal term because minorities are classified in relation to the criterion of traditional life in Slovenia. The paper points out the importance of regional and bilateral opportunities and conditions related to the protection of national minorities, as well as the demographic, legal and social aspects of their position. Finally, the paper concludes by stating that the replacement of the existing constitutional arrangement should be considered in terms of its adjustment to the standards of protection of human and minority rights in the EU.

Republika Severna Makedonija između etničke demokratije i koncepta ’jedno društvo’

Republika Severna Makedonija između etničke demokratije i koncepta ’jedno društvo’
(REPUBLIC OF NORTH MACEDONIA BETWEEN THE ETHNIC DEMOCRACY AND A CONCEPT OF “ONE SOCIETY“)

Author(s):Rubin Zemon
Language:Serbian
Subject(s):Politics / Political Sciences, Politics, Governance, Public Administration, Sociology, Electoral systems, Ethnic Minorities Studies
Page Range:169-187
No. of Pages:20
Keywords:Divided society; One Society; multiculturalism; Interculturalism
Summary/Abstract:Republic of North Macedonia as a divided society has been for two and a half decades. A main pillar for the implementation of minority rights is the Ohrid Framework Agreement (OFA) from 2001, which brought a peace after a war conflict in a country. Whilst the Agreement has brought peace and calm down the war tensions in a country, it has not contributed to solving issues regarding the integration and cohesion of the society. One of the unintended consequences following the implementation of the OFA, is that North Macedonia has slowly transformed from a multicultural to a bi-cultural state and society. This is largely because political and public attention has overwhelmingly focused on Macedonian-Albanian inter-ethnic relations and confrontations. There are nevertheless been some improvements when it comes to equitable representation of Albanians and the other communities mentioned in Preamble of the Constitution in Macedonian society, as the percentage of participation and representation in both cases have increased. While there certain laws for protection of minorities have been created and introduced, in general attempts to implement these in practice have been met by considerable obstacles, and tendency to postpone their implementation as a “non-urgent issue”. Ethnic and cultural differences became a factor of confrontations, politics of recognitions didn’t contribute on development of integrated multicultural society and processes of ethno-cultural mobilization became a factor of divisions. To overcome or to soft the ethnic tensions, a Government lead by Zoran Zaev started to promote a new concept and to implement a National Strategy for “One Society and Interculturalism”.

Obrada podataka o nacionalnoj pripadnosti i praćenje ostvarivanja manjinskih prava u Srbiji

Obrada podataka o nacionalnoj pripadnosti i praćenje ostvarivanja manjinskih prava u Srbiji
(PROCESSING OF DATA ON NATIONAL AFFILIATION AND MONITORING THE QUALITY OF MINORITY PROTECTION IN SERBIA)

Author(s):Ljubica Đorđević
Language:Serbian
Subject(s):Politics / Political Sciences, Constitutional Law, Governance, Public Administration, Sociology, Electoral systems, Ethnic Minorities Studies
Page Range:189-221
No. of Pages:34
Keywords:national affiliation; processing of personal data; Serbia; national minorities; official records
Summary/Abstract:In Serbia, general constitutional and statutory preconditions for collection of ethnic data exist. The Constitution guarantees that expression of national affiliation is free and voluntary, the Law on national minorities opens the possibility to record the data on national affiliation in official records, and the Personal Data Protection Law lists several cases in which processing of ethnic data is permitted. Furthermore, various sectoral laws call for collection of data on national affiliation, under condition that expression of national affiliation is voluntary. Despite these generally positive preconditions, several fundamental problems exist. The relevant legal framework is not always consistent and uniformed, and some examples show that provisions on collection of data on national affiliation are simply “inserted” in the law without thorough considerations. On the other hand, in some cases, law calls for the monitoring the ethnic structure (of employees), but provisions on how this should be done, i.e. on the collection of data on national affiliation are missing. The main cause for all these inconsistencies and weaknesses is the lack of clearly defined indicators for monitoring of the quality of minority protection in Serbia, which would serve to systematically define areas in which data on national affiliation should be collected. Without this, the areas in which such data are to be collected are defined ad hoc, unsystematically and without thorough considerations, usually as reaction to demands of minority representatives or recommendations of international monitoring bodies. And even in these areas, it is not always clear for which purposes the data on national affiliation are being collected. Finally, even when data on national affiliation are being collected, they are not further processed and analyzed to serve as background information for development of policies and/or monitoring of their effects.

Prakse prikupljanja i korištenja etnički osjetljivih podataka u Hrvatskoj

Prakse prikupljanja i korištenja etnički osjetljivih podataka u Hrvatskoj
(PRACTICES OF COLLECTING AND USING ETHNIC SENSITIVE DATA IN CROATIA)

Author(s):Sanja Klempić Bogadi
Language:Serbian
Subject(s):Politics / Political Sciences, Politics, Constitutional Law, Governance, Public Administration, Sociology, Ethnic Minorities Studies
Page Range:223-242
No. of Pages:20
Keywords:ethnicity; religion; mother tongue; data; Croatia
Summary/Abstract:Collecting of ethnic sensitive data is often the subject of international debate. The question arises from the appropriateness of collecting this type of data, given that these are very sensitive issues that invade a person’s privacy. The aim of this paper is to study how ethnic sensitive data are collected in Croatia, their availability and use. Ethnic sensitive data include ethnicity, religion, and mother tongue. These characteristics are usually cited as essential for defining ethnic identity. The paper analyzes the way these data are collected in censuses and vital statistics, as well as the availability and possibilities of their use. After the World War II, the question of ethnicity has been present in all censuses, and the mother tongue in all censuses since 1953. The question of religion was asked in the 1953 census, and in the 1991, 2001, and 2011 censuses. Analysis of vital events data showed that ethnicity and religion, but not the mother tongue, were collected. There is a strong interest in ethnic sensitive data among users of official statistics in Croatia and this type of data will continue to be collected. The Census 2021 also foresees questions about ethnicity, religion, and mother tongue. In the last 20 years, we can observe increasing restrictions on the availability of ethnic data. Collecting and existence of this data is essential for the formulation of public policies and the exercise of the rights of national minorities. However, it is extremely important that collecting, depositing, and using of these data comply with the highest international standards.

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Kulturna autonomija nacionalnih manjina u svetlu činjenica Cultural autonomy of national minorities in the light of facts

Kulturna autonomija nacionalnih manjina: teorijske perspektive i praktični izazovi

Kulturna autonomija nacionalnih manjina: teorijske perspektive i praktični izazovi (CULTURAL AUTONOMY OF NATIONAL MINORITIES: THEORETICAL PERSPECTIVES AND PRACTICAL CHALLENGES)