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.

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 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.

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. 

“Serbs” in Bela krajina: a (deliberately) forgotten minority?

2015 ◽  
Vol 43 (1) ◽  
pp. 178-194
Author(s):  
Romana Bešter ◽  
Miran Komac ◽  
Mojca Medvešek ◽  
Janez Pirc
Keyword(s):  
Ethnic Groups ◽  
Ethnic Minorities ◽  
Field Research ◽  
Border Region ◽  
National Minority ◽  
Minority Status ◽  
Small Community ◽  
Minority Protection ◽  
National Minorities

There are three constitutionally recognized national/ethnic minorities in Slovenia: the Italians, the Hungarians and the Roma. In addition, there are other ethnic groups that could perhaps be considered as “autochthonous” national minorities in line with Slovenia's understanding of this concept. Among them is a small community of “Serbs” – the successors of the Uskoks living in Bela krajina, a border region of Slovenia. In this article we present results of a field research that focused on the following question: Can the “Serb” community in Bela krajina be considered a national minority? On the basis of the objective facts, it could be said that the “Serbs” in four Bela krajina villages are a potential national minority, but with regard to their modest social vitality and the fact that they do not express their desire for minority status, the realization of special minority protection is questionable.

scholarly journals Minorities in Postcolonial Transitions: The Ndebele in Zimbabwe

2011 ◽  
Vol 4 (2) ◽  
pp. 149-185
Author(s):  
Khanyisela Moyo
Keyword(s):  
Ethnic Minorities ◽  
Minority Groups ◽  
Minority Rights ◽  
Self Determination ◽  
Colonial State ◽  
Post Colonial ◽  
Liberal Democratic ◽  
State Practice ◽  
Fundamental Objective

AbstractThis article argues that there is a legal and political basis for attending to concerns of ethnic minorities in postcolonial transitions. If left unattended, this issue may prompt members of minority groups to resort to preservative measures, including violence to the detriment of the security which is a fundamental objective of the transition. This reaction is often generated by an axiomatic fear of assimilation. The case of the Ndebele of Zimbabwe illustrates this. The article’s position is confirmed by post-colonial state practice that implements minority rights and accords affected groups a right to self-determination or autonomy in tandem with liberal democratic reforms.

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.

scholarly journals On the Xenophobia of Non–Discriminated Ethnic Minorities

2002 ◽  
Vol 20 (1) ◽  
pp. 43-52
Author(s):  
Guido Ortona
Keyword(s):  
Ethnic Minority ◽  
Ethnic Minorities ◽  
Minority Groups ◽  
Ethnic Minority Groups ◽  
Italian Case ◽  
Definition Of

Abstract Sometimes the leaders of ethnic minority groups behave in a way that may promote xenophobia. A simple two-subject model is used to find out when this behaviour is rational. The conditions are briefly discussed with reference to the Italian case. An appendix illustrates die definition of xenophobia adopted in die paper.

Ethnic Minority Rights in Georgia 2013–15: A Period of Stagnation

2017 ◽  
Vol 14 (1) ◽  
pp. 251-280
Author(s):  
Giorgi Bobghiashvili ◽  
Graham Donnelly
Keyword(s):  
Ethnic Minority ◽  
Ethnic Minorities ◽  
Minority Groups ◽  
Ethnically Diverse ◽  
Minority Rights ◽  
The Other ◽  
The South ◽  
South Caucasus ◽  
Independent State ◽  
The One

Georgia is the most ethnically diverse state in the South Caucasus. Since independence, it has been blighted by violent secessionism and Russian invasion, the roots of which are invariably described as having stemmed from this diversity; the lack of integration of its ethnic minorities; and the recurrent failures of Georgian governments to adequately balance the nationalizing tendencies of constructing a newly independent state on the one hand and the needs and desires of its multinational citizenry on the other. In the first part of this report, we look at the roots of the present minority situation in Georgia, noting the main minority groups and the issues concerning them, before moving on in the second part to consider the issue of minority governance. We also provide a review of the most significant developments in 2014–2015 before commenting on the prospects for the coming year.

Toward Participatory Equality: Protecting Minority Rights under International Law

2008 ◽  
Vol 41 (3) ◽  
pp. 635-676 ◽  
Author(s):  
Yousef T. Jabareen
Keyword(s):  
International Law ◽  
Legal System ◽  
Minority Groups ◽  
Model Building ◽  
Minority Rights ◽  
National Minority ◽  
Moral Claim ◽  
Normative Claim ◽  
Principles Of Justice ◽  
Legal Frameworks

The principal claim made by this Article is that the realization of full and effective equality for all citizens and residents within a multi-ethnic state requires “participatory equality.” Creating a system of participatory equality entails, for most states, making drastic and fundamental changes to the state's legal system, public spaces, social and economic structures, and funding and space provided for ethnic, cultural, and religious institutions; however, this type of transformation is the only means of respecting human dignity and ensuring peace. This claim is first made as a normative moral claim based on principles of justice and dignity; as this Paper will show, a broad and effective interpretation of international law concerning minority rights supports the same normative claim.This Article first reviews existing international law and other legal frameworks regarding national minority rights, including discussions of the specific case of indigenous peoples'rights and the intersection between individual and collective rights. The bulk of the Paper proposes a universal model, building upon existing legal frameworks, for building participatory equality for all members of a society, which requires the full and equal sharing of its resources in three primary domains: the public, the internal, and the historical domain. The need for such a model is all the more so for indigenous and minority groups of substantial size living under systems that cater to a majority based on ethnicity, religion, race or other dominant traits. Only when a nation's legal system secures the rights of all citizens to share equally in all of these domains can that nation fulfill the purpose of international minority rights legal bodies and deliver substantive equality to majority and minority concerns, both in law and practice.

scholarly journals EU Influence on the Citizenship Policies of the Candidate Countries: The Case of the Roma Exclusion in the Czech Republic

2007 ◽  
Vol 3 (2) ◽  
pp. 124-140
Author(s):  
Dimitry Kochenov
Keyword(s):  
Czech Republic ◽  
Ethnic Minorities ◽  
Minority Groups ◽  
Minority Rights ◽  
Ethnic Origin ◽  
The European Union ◽  
Member States ◽  
The Czech Republic ◽  
Roma Ethnicity ◽  
Rights Issue

Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its ethnically-biased citizenship policy. Although some steps in this direction were taken by the Commission, they fell short of addressing the whole range of discriminatory provisions of this Czech legislation preventing the former Czecho-Slovak citizens of Roma ethnicity from becoming citizens of the Czech Republic. In Addition to the overall ineffectiveness of its pre-accession promotion of equal access to Czech citizenship of all permanent residents of the Czech Republic their ethnic origin notwithstanding, the Commission made a controversial decision to treat the exclusion from citizenship which was de facto based on ethnicity as a ‘civil and political’ rights issue, rather than a minority rights issue. This dubious decision, allowed the Commission to distinguish its pre-accession involvement in the reforms in the Czech Republic on the one hand, and in Latvia and Estonia on the other, where the exclusion of ethnic minorities from the access to citizenship was regarded as a key issue pertaining to the protection of minority rights. The ill-articulated position of the Commission is due, this paper suggests, mainly to the limitations on the EU’s involvement in the Member States’ citizenship domain and de facto comes down to the application of different pre-accession standards to different minority groups in the candidate countries. To ensure genuine protection of ethnic minorities in the Member States-to-be, the EU has to alter its approach to the issues of ethnicity-based exclusion from citizenship in the course of the future expansions of the Union.

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