National-cultural autonomy in Russia: a matter of legal regulation or the symbolic construction of an ethnic mosaic?

2010 ◽  
Vol 35 (1) ◽  
pp. 27-57 ◽  
Author(s):  
Alexander Osipov

AbstractIn this article, the author discusses the Russian experience in utilizing the no- tion of non-territorial, or 'national cultural', autonomy for the management of ethnic diversity. The term 'national-cultural autonomy' can be used to mean several things, including a right, a political principle, and a specific type of organization. The author assumes that such notions as autonomy, ethnicity, group, and culture should not be reified, and must be regarded as practical categories with shifting meanings and implications; he also emphasizes the need to distinguish between symbolic and instrumental law. The point of departure is the disjuncture between the high symbolic status and negligible instrumental value of national-cultural autonomy in Russia. The author provides an overview of the Russian legislation on nongovernmental organizations, of the 1996 Federal Law on National-Cultural Autonomy, and of other legislation incorporating the notion of national-cultural autonomy. He concludes that NCAs, which are legally defined as NGOs, face a number of disadvantages vis-à-vis other types of NGOs. National-cultural autonomy also should not be seen as a political tool, since no efforts have been made to implement the goals declared or implied in the law or in official statements. In the meantime, the idea of national-cultural autonomy is highly valued, and the number of NCAs in Russia has been growing over the years. The author concludes that the very issue of national-cultural autonomy in Russia should not be regarded in terms of the law and legal regulation; rather, it must be seen in terms of symbolism. The idea of national-cultural autonomy is a component of the Russian public consensus on the way ethnic diversity should be described and managed.


2021 ◽  
Vol 26 (1) ◽  
pp. 71-97
Author(s):  
Катинка Беретка

In the period from 2000 to the present day, the Constitutional Court of the Republic of Croatia has often faced the challenge of deciding on politically sensitive topics, especially when it comes to the need to protect the rights of both traditional and so-called “new” minority communities (which emerged from the constituent nations of the former Yugoslavia by the formation of new independent nation-states). The cases that occur in court practice are diverse, but mainly refer to cultural autonomy, representation of persons belonging to national minorities in local or regional representative bodies and equal representation in the public sector, as well as (official) use of language and script. The submitters of constitutional complaints, and the initiators of the procedures for assessing the constitutionality and legality of general legal acts, were guided by various motives; and the question is whether these motives influenced the work of the constitutional court, or in other words, whether the court remained faithful to its original role of protecting the basic, timeless values of the constitutional order of Croatia or was guided by current party policy programs. In addition to the general presentation of the legal regulation of minority rights, and the jurisdiction of the Constitutional Court in Croatia, the paper analyzes cases related to the language rights of “new” minority communities, focusing on the arguments of both “parties” in the procedure and the constitutional court, as well. The goal of this paper is to present the practice of the Constitutional Court of Croatia in the field of language rights of national minorities through specific constitutional court cases, with special reference to the consistency of the court’s argumentation.


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