scholarly journals European standards of minority protections - from conditionality to limitation: Case of Croatia

2010 ◽  
Vol 21 (2) ◽  
pp. 145-166
Author(s):  
Vesna Stankovic-Pejnovic
Keyword(s):  
Minority Groups ◽  
Minority Rights ◽  
Acquis Communautaire ◽  
Minority Protection ◽  
Legislative Framework ◽  
Accession Process ◽  
European Standards ◽  
Definition Of ◽  
Violent Conflicts ◽  
The Eu

EU promotes norms which lack a basis in EU law and do not directly translate into the acquis communautaire EU. Limits of EU conditionality in the area of minority rights are visible in closer look at the EU?s monitoring mechanism, including Regular Reports, which locate EU?s minority criterion in the domestic political context. Reports have structure broadly follows the Copenhagen criteria. Serious efforts are needed for achieving practical results flowing from the implementation of the legislative framework pertaining to minority issues. The same factors also affected the mechanisms? ability to influence that implementation. These factors concern the following: confusion regarding the juridical nature of the minority rights instruments, the vagueness or flexibility in the formulation of the standards, and unclarity as to the beneficiaries of the standards. Issue of soft instruments, vague norms and the lack of a definition of the beneficiaries of the norms will continue to trouble the minds of Governments, minorities, international mechanisms. EU must undertaking efforts to sharpen and further clarify the existing standards and to persuade Governments that existence of minority groups can enrich a society as a whole and that measures to preserve their specific characteristics will reduce the risks of violent conflicts. The case of Croatia, through Regular Reports, shows acceptation of European standards of minority protection in legal area, but with the limits in their implementation. In these circumstances Regular Reports describes attitude of EU toward minority issue; it is not priority of EU in accession process, difficulties in monitoring the implementation of minority issues and lack of precise definition norms in minority rights area.

The Inter-relationship between International and National Minority-Rights Law in Selected Western Balkan States

2009 ◽  
Vol 34 (4) ◽  
pp. 307-335
Author(s):  
Benedikt Harzl ◽  
Alice Engl
Keyword(s):  
Constitutional Law ◽  
Minority Groups ◽  
Minority Rights ◽  
National Minority ◽  
Minority Protection ◽  
Legal Provisions ◽  
Balkan States ◽  
International Instruments ◽  
Violent Conflicts ◽  
Shed Light

AbstractThe violent conflicts that erupted after the breakup of communist regimes (especially in the former Socialist Federal Republic of Yugoslavia) have gradually changed the standing of minority rights and minority protection: first, the differential treatment of minority groups has become a legitimate—if not necessary—instrument to guarantee equality and stability, and, second, minority-rights legislation and minority protection are increasingly regarded as a responsibility shared among national and international actors. This inter-relationship between international instruments and national legal provisions can be usefully observed particularly in the states that emerged from the breakup of Yugoslavia. Due to the necessity of ensuring peace and stability, the constitutions of these emerging states have been increasingly influenced by international norms and standards for minority protection—a process that can be characterized as the 'internationalization of constitutional law'. This article assesses these developments, at both the national and international levels, in order to shed light on the particular inter-relationship among these different layers, by looking at the example of selected Western Balkan states.

scholarly journals Minority rights and minority identities - Sámi in Finland and Sorbs in Germany

2001 ◽  
pp. 83-102
Author(s):  
Toivanen Reetta
Keyword(s):  
Ethnic Minorities ◽  
Minority Groups ◽  
Minority Rights ◽  
Field Studies ◽  
National Minority ◽  
Minority Protection ◽  
National Movements ◽  
Specific Meaning ◽  
Definition Of ◽  
Minority Identities

This paper deals with intemational minority rights and their meaning as an identityresource fr ethnic minorities. It asks why small national groups, such as the Sami andthe Sorbs, have not vanished, as was prophesied by modemisation theorists. In fact,the opposite has occurred. In Europe, small national minority groups are now clearlygaining more opportunities to invent their own "national" policies. After a short introductionthat provides some general background, 1discuss some common definitions ofminority rights and the specific meaning of 'minority identity' used in this paper. Then,1 show how minority rights and minority identities are linked to each other, and whyand how intemational minority protection treaties have become a part of the everydayvocabulary of Sami, Sorb and many other national movements. The examples 1 useoriginate mostly from my field studies with the Sorbs in Eastem Germany and the Samiin Northem Finland. 1 argue that not only the image of the group projected to itsmembers is influenced by these treaties, but that the definition of the group itself is alsochanged.

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. 

The Weaknesses in the Minority Rights Protection Framework within the European Regional Human Rights System

De Jure ◽  
2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Mohammed Sanka ◽  
◽  
◽  
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Political Rights ◽  
The European Union ◽  
Rights Protection ◽  
Regional Systems ◽  
European System ◽  
European Regional ◽  
The Eu

Much of the discourse on minority rights protection under international law is focused on the UN system, notably article 27 of the International Covenant on Civil and Political Rights and the Declaration on the Rights of National or Ethnic, Religious or Linguistic Minorities. In such discourse, the regional systems, especially the more comprehensive and progressive European system, are not appraised as often as they should be. The author of this paper focuses therefore on the minority rights protection regime within the European Union. And in doing so, he gives an overview of the legal instruments and mechanisms dedicated to the protection of minority rights within the EU, analyzes the loopholes of this system and makes critical conclusions on the suitability of this system to the concerns minority groups face.

European Minority Protection: The Past and Future of a “Major Historical Achievement”

2008 ◽  
Vol 15 (2-3) ◽  
pp. 413-425 ◽  
Author(s):  
Bill Bowring
Keyword(s):  
Cold War ◽  
Review Essay ◽  
Minority Rights ◽  
Political Context ◽  
Minority Protection ◽  
Rights Protection ◽  
The Past ◽  
European Standards ◽  
The Cold War

AbstractThis review essay questions whether European standards for the protection of minorities are “a major historical achievement”. Two questions are posed. Why has this development taken place in Europe? Why has it taken place since 1990? These questions are answered in the light of the historical and political context. After a brief account of the extraordinary experiment in minority rights protection in the inter-War period, the review turns to the origins of the Council and of the OSCE in the Cold War, and comments on the legitimacy and efficacy of these texts and mechanisms.

Federalism, Local Government and Minority Protection in Ethiopia: Opportunities and Challenges

2014 ◽  
Vol 59 (1) ◽  
pp. 150-177 ◽  
Author(s):  
Christophe Van der Beken
Keyword(s):  
Local Government ◽  
Ethnic Minority ◽  
Local Governments ◽  
Minority Groups ◽  
Minority Rights ◽  
Ethnic Minority Groups ◽  
Minority Protection ◽  
Protection Mechanism ◽  
Territorial Boundaries

AbstractFederalism is increasingly promoted and utilized in multi-ethnic countries as a means to guarantee minority rights and safeguard the harmony and integrity of the polity and state. Yet, due to the unfeasibility of achieving a perfect overlap between ethnic and territorial boundaries, every ethnic-based territory will contain ethnic minority groups. This is also the case in the Ethiopian Federation where all nine regions are ethnically heterogeneous, albeit to different degrees. This article investigates how Ethiopia's regions are approaching their minority groups by analysing the relevant regional constitutions and laws. The analysis shows that the main minority protection mechanism is the establishment of ethnic-based local governments. Although this device is not without merit as far as minority protection is concerned, the impracticality of achieving ethnically homogeneous territories is its major limitation. The article therefore concludes by recommending a number of complementary legal instruments striving for more comprehensive minority protection.

Joining Forces or Reinventing the Wheel? The EU and the Protection of National Minorities

2010 ◽  
Vol 17 (2) ◽  
pp. 287-305
Author(s):  
Gulara Guliyeva
Keyword(s):  
Coherent System ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Double Standards ◽  
Minority Protection ◽  
National Minorities ◽  
Accession Process ◽  
The Impact ◽  
The Eu

AbstractThis article explores a model of minority protection that the European Union (EU) could adopt. The discussion first assesses the possibility for the EU to join forces with the Council of Europe through internalising, or even acceding to, the Framework Convention for the Protection of National Minorities (FCNM). This would provide numerous benefits, such as provision of consistent benchmarks of minority protection when applied to candidate States in the accession process to the EU, availability of mechanisms to resolve remaining issues relating to minorities within the EU post-accession and elimination of double standards between 'new' and 'old' Member States. Yet these developments are politically sensitive and prone to create procedural difficulties. The alternative option of an EU regime of minority protection is discussed next, focusing on the impact EU law may have on minority rights in Member States. Based on this analysis, the article concludes that an attempt by the EU to develop a coherent system of minority protection may result in reinventing the wheel. Therefore, it is suggested that the EU may be better placed to encourage candidate countries and Member States' implementation of the FCNM.

Quiet Diplomacy, the European Union and Conflict Prevention: Learning from the HCNM on Issues of Social Cohesion

2012 ◽  
Vol 19 (3) ◽  
pp. 243-265 ◽  
Author(s):  
Michael Johns
Keyword(s):  
European Union ◽  
Social Cohesion ◽  
Minority Rights ◽  
The Other ◽  
Conflict Prevention ◽  
The European Union ◽  
Minority Protection ◽  
National Minorities ◽  
High Commissioner ◽  
The Eu

This article examines the issue of social cohesion inside the European Union (EU). While the organisation is currently experiencing an economic crisis the article argues that issues surrounding minority rights are deeper and more troubling. Within the EU’s current and prospective borders there remain issues surrounding national minorities, traditional migrants and intra-EU migrants. The intra-EU migrants are of particular interest in that they bridge the gap between the other two groups as they are migrants – with EU protected rights. This article argues that the EU itself must become involved in the maintenance of social cohesion. It recommends the use of quiet diplomacy, best illustrated by the Organization for Security and Co-operation in Europe High Commissioner on National Minorities. After an examination of the use of quiet diplomacy by the various High Commissioners the article outlines the issues of social cohesion facing the EU. It concludes with the recommendation that the European Commission adopt the tenets of quiet diplomacy as a means of influencing dialogue and to promote minority protection within the union.

scholarly journals The EU in Kosovo: Operational Dilemmas, Political Priorities and the Realities of Post-Conflict Assistance

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Mary Venner
Keyword(s):  
European Union ◽  
Economic Development ◽  
Development Assistance ◽  
The European Union ◽  
Assistance Programs ◽  
Government Institutions ◽  
Post Conflict ◽  
Accession Process ◽  
European Standards ◽  
The Eu

The European Union was a major participant in post conflict reconstruction in Kosovo and continues to be the leading international actor. This article examines the effectiveness of the EU’s contribution to developing Kosovo’s government institutions and the implementation of its development assistance programs. The EU faced practical difficulties at the very start of its engagement which undermined its impact, and there are ongoing deficiencies in the EU’s approach to development assistance. There are also questions about the appropriateness of the EU’s strategy in Kosovo from the perspective of Kosovo’s economic development. It is argued that EU assistance activities, based on the accession process and compliance with ‘European standards,’ are excessively complex, are oriented more towards benefiting the EU and its members, and may not address the development problems of Kosovo, or agree with the priorities of Kosovo’s population.

A Critical Appraisal of EU Governance for the Protection of Minority Rights

2010 ◽  
Vol 17 (2) ◽  
pp. 265-285 ◽  
Author(s):  
Tawhida Ahmed
Keyword(s):  
Minority Groups ◽  
Minority Rights ◽  
The European Union ◽  
New Governance ◽  
Rights Protection ◽  
National Minorities ◽  
Regulatory Capacity ◽  
Modes Of Governance ◽  
Migrant Groups ◽  
The Eu

AbstractThe European Union (EU) has increasing regulatory capacity and capability for minority rights protection. A combination of old and new governance measures have been useful in affording the EU that capacity. Both modes of governance impact on EU migrant groups, particularly where they are free movers of a different nationality, race or ethnic orgin to the (dominant) members of the states to which they have migrated. In addition, new governance measures also allow a degree of impact on other minority groups, such as national minorities, whether or not individuals from these groups exercise free movement rights. Together, old and new governance measures offer certain extents of 'respect' for, 'protection' of and 'promotion' of minority rights.

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