Protection Of National Minorities Research Articles

When ethnicity is “national”: mapping ethnic minorities in Europe’s framework convention for the protection of national minorities

ABSTRACT Legal and policy categorizations of group belonging play an important role in analysing lived experiences of discrimination, since the scope of minority protection requires individuals to prove their belonging to a minority group. This article maps the existing classifiers of minority identification as they are used in the Framework Convention for the Protection of National Minorities, Europe’s most comprehensive treaty designed to protect the rights of national minorities. I engage with the concept of ethnicity as a “knot of distinction”, looking at which minorities qualify as “national” in different countries. When is ethnicity used as a proxy for religion, when for race, and when for language? What categories are omitted? By inductively analysing the rationales presented by different EU countries of which minorities are “national”, and based on which grounds, this article reveals a messy, historically and politically driven picture, but one that can help us understand some regional patterns.

Ethno-National Policy of Ukraine in the Context of National Security: Problems and Prospects [Polityka etniczno-narodowa Ukrainy w kontekście bezpieczeństwa narodowego: problemy i perspektywy

The process of national consolidation is closely related to the implementation of a consistent ethno-national policy in accordance with modern conditions. The integration of Ukraine into the European Union is impossible without the regulation of ethno-national development processes in accordance with the standards of the European Union. The effectiveness of the state’s ethno-national policy depends on the extent to which its principles and tasks reflect the ethno-national situation in the country, ensure the participation of civil society in the processes of regulating ethno-national relations. The legislation of Ukraine in the field of ethno-national policy was formed under the influence of internal international relations and international legislation. The analysis of the content of the national legislation shows that it enshrines fundamental international norms regarding the protection of national minorities, at the same time, it also has certain shortcomings: blurred provisions, lack of specification of basic terms, obsolescence of the legislative acts themselves, etc. New political realities require revision of most of the adopted legislative acts. Neglecting issues of ethno-national development carries the danger of turning the ethno-national factor from a cultural asset into a source of conflicts and contradictions, leading to the loss of the тational security and country’s territorial integrity. Unregulated relations between ethno-cultural groups aggravate the problems of inter-ethnic communication, create conflict situations, etc. The adoption of the Concept of the State target national and cultural program “Unity in Diversity” for the period until 2034, which was developed in close consultation with national minorities (communities) with the involvement of representatives of the European Commission, the Council of Europe, and embassies of ethnically related national minorities (communities) of Ukraine.

TENDENCIES IN IMPROVING THE APPLICATION OF LEGAL RULES OF NATIONAL MINORITIES AND ETHNIC GROUPS

In the paper, the authors discuss the tendencies of development and improvement of legal guarantees of international and national regulations of individual countries and definitions of the term national minority and ethnic groups. We start from the hypothesis that international and national legal rules are well established, with the aim of improvement, but in practical application at the local level, the provisions of the Council of Europe Convention on the Protection of National Minorities, which represents the first comprehensive regional international agreement and legally binding international instrument, are bypassed or omitted, dedicated to the protection of national minorities. The definition of new and special rights and freedoms of man and citizen, that is, the scope and application of human rights and freedoms can be classified into different groups. The work will deal with the analysis of the rights and freedoms of ethnic groups and national minorities, the rights and freedoms of foreigners and stateless persons, the position of law in the field of governance, the constitutional duties of man and citizen in accordance with the criteria of the mutual relationship between the individual, that is, the citizen and the state. Researching the right to education, freedom of scientific and artistic creation represents freedom of thought as one of the spiritual freedoms. The Constitution of the Republic of Serbia guarantees the freedom of scientific and artistic creativity, the publication of scientific and artistic works, guarantees moral and material rights to authors, and more. The essential part of the analysis refers to the research and strict application of the rights of members of national minorities, that is, the detailed elaboration and respect of minority rights, the prohibition of discrimination of national minorities, equality in the management of public affairs, the prohibition of forced assimilation, the right to preserve uniqueness and develop the spirit of tolerance, as well as the right to association and cooperation with compatriots. The Framework Convention of the Council of Europe on the Protection of National Minorities - represents the first comprehensive regional international agreement and the first legally binding international instrument, which is entirely dedicated to the protection of national minorities.

Latvia’s Ambiguous Attitude towards the Framework Convention for the Protection of National Minorities: Is Diversity a Threat?

Latvia’s Ambiguous Attitude towards the Framework Convention for the Protection of National Minorities: Is Diversity a Threat?

The OSCE High Commissioner on National Minorities as Norm-setter? Relations Between the Commissioner’s Recommendations and the Evolving Interpretation of the Framework Convention for the Protection of National Minorities

This article examines the norm-setting role of the OSCE High Commissioner on National Minorities (HCNM), particularly in relation to the evolving interpretation of the Framework Convention for the Protection of National Minorities (FCNM). It explores the interaction between the HCNM’s various sets of Recommendations and the work of the Advisory Committee on the FCNM (ACFC). The article argues that while the HCNM’s intention when starting the practice of endorsing or drafting thematic recommendations was not focused on norm-setting, its Recommendations have gradually contributed to particularizing international obligations concerning minority rights, especially in areas where the FCNM is less specific. The article highlights the importance of the HCNM and the ACFC in promoting an inclusive approach to minority rights, moving from a protectionist stance to the holistic management of diverse societies. It concludes by identifying factors that contribute to the HCNM's successful norm-setting, such as consultation, englcollaboration and a bold and creative, yet legally grounded, approach to recommendations.

Norms of the Council of Europe in the Postsoviet Space: National Minorities in the Republic of Armenia and the Framework Convention for the Protection of National Minorities

The present paper includes activities of Framework Convention for the Protection of National Minorities (FCNM), which is Europe’s most comprehensive treaty protecting the rights of persons belonging to national minorities in the territory of South Caucasus focusing on The Republic of Armenia. The paper the instruments and mechanisms of protection of national minorities in therepublic. It aims to analyze FCNM monitoring cycles, focusing on recommendations by Council of Europe and Reports by the government of the Republic of Armenia as well as Opinions by Advisory Committee of FCNM, considering the influence of Constitutional amendments of 2015 and the “Velvet Revolution” of 2018 in the Republic of Armenia if they are. The paper helps to understand the causes of problems in fulfillment of obligations undertook by the Republic of Armenia in the sphere of national minority protection.

Sytuacja Romów w Polsce w opiniach Komitetu Doradczego i Komitetu Ekspertów Rady Europy

The main objective of this article is to analyze the situation of the Roma minority in Poland, by presenting its economic situation, access to education, implementation of language rights and the degree of implementation of the principles of equal treatment and prohibition of discrimination in relation to this community. The basis for this is the analysis of the opinions of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities and the reports of the Committee of Experts on the European Charter for Regional or Minority Languages. The main thesis of the work is the statement that in the analyzed period there was an improvement in the situation of the Roma minority in terms of access to education, living conditions and the implementation of language rights. However, the Roma minority is still perceived negatively in Polish society and there are cases of discrimination against it.

An Appraisal of the Protection of National Minorities under the 1999 Nigerian Constitution: Lessons from Other Jurisdictions

An Appraisal of the Protection of National Minorities under the 1999 Nigerian Constitution: Lessons from Other Jurisdictions

THE LEGAL STATUS OF NATIONAL MINORITIES IN THE REPUBLIC OF POLAND

The protection of national minorities is one of the salient goals of a modern legal state. In the Republic of Poland, the number of representatives of national minorities is small but growing rapidly. The legal framework regarding this issue has been in place for almost 20 years, which justifies the general review of the current experience. The following paper discusses the main legal acts regulating this issue in the Republic of Poland. The Constitution of Poland contains general provisions, which were specified in the Law „On National and Ethnic Minorities and Regional Language” adopted in 2005. General obligations for the protection of national minorities are also contained in international legal acts adopted by Poland. The abovementioned law defines and establishes a list of national and ethnic minorities in Poland. This paper reveals that the protection of their rights is based on the following elements: the prohibition of discrimination and assimilation of persons belonging to minorities, the right to use minority languages and the regional language in the public sphere, and the education of minority languages. Additionally, the law establishes the Joint Commission of the Government and Minorities, which ensures the cooperation of public administration bodies with representatives of minorities. The provisions of this law are in line with the provisions of other laws, in particular in the Polish language, which is the only state language. In general, the mechanism for protecting the rights of national minorities adopted in Poland comprehensively regulates this issue. The author it is effective and meets expectations and demands of national and ethnic minorities.

Non-Territorial Autonomy and the Legal Protection of the Symbols of Religious Organizations and National Minorities in Serbia

This paper scrutinizes the history of legal rules that regulate the appearance and use of state symbols as well as the evolution of the legal protection of symbols of national minorities and religious organizations. Furthermore, it analyses the history of nonterritorial cultural and religious autonomy arrangements in Serbia. It investigated to what extent the institutional arrangements of non-territorial autonomy contributed to the legal protection of the mentioned symbols. The first hypothesis is that certain rudimentary forms of non-territorial autonomy existed in Serbia during the 19th and the first half of the 20th century. However, the focus of legislators in this period was on the regulation and protection of state symbols. In the second half of the 20th century, the preconditions for the development of the protection of national minorities were created, while the scope of the rights of religious organizations was significantly reduced. It was only at the beginning of the 21st century that the collective right to non-territorial autonomy was constituted. At the same time, constitutional and legal provisions protected the right of national minorities to choose and use symbols, which leads to the conclusion that the existing institutional arrangement of non-territorial autonomy contributed to better legal protection of the symbols of national minorities. On the other hand, there is room for additional improvement in the legal protection and regulation of the use of the symbols of religious organizations.

The Ohrid Framework Agreement and International Law: Twenty Years of Development

The Balkans can be described as a laboratory of modernity, especially when it comes to the form of multicultural life in the communities. The modern nation states that formed from the dissolution of Yugoslavia in the 1990s were faced on the one hand with a “need” to establish a state for the majority dominant ethnic group, and on the other hand to reconcile the multicultural reality of their societies and accommodate for the rights of minorities. This paper will focus on the constitutional and legal implications that followed the signing of the Ohrid Framework Agreement (OFA). It will also give an overview of the contents of the OFA and subsequent legislation juxtaposing it to international standards prescribed by documents such as the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Framework Convention for the Protection of National Minorities of the Council of Europe. In the context of this legal analysis, the paper will examine the developing political environment through analysing certain dynamics in the political system focusing on parliament and political parties. It will also follow the discourse and popular support of the agreement and its effects on the internal and external stability of North Macedonia.

Polityka etniczna państwa polskiego po 2011 roku w opiniach Komitetu Do- radczego i Komitetu Ekspertów Rady Europy

This article aims to present and analyse the assessment of the ethnic policy of the Polish state made on the basis of the Fourth Opinion on Poland of the Advisory Committee of the Council of Europe on the Framework Convention for the Protection of National Minorities and on the basis of the Third Report of the Committee of Experts on the European Charter for Regional or Minority Languages. The main thesis of the work is the statement that although the ethnic policy of the Polish state has not changed in the analyzed period, some actions of the Polish authorities testify to their certain unfavorability towards the extension of the rights of national minorities, and even in some cases the desire to reduce these rights. The article uses a number of research methods. The most important of them are institutional and legal analysis, factorial method and comparative method.

Integration and Special Rights

Abstract For almost 25 years, the Council of Europe and the Danish authorities have entertained a fruitless and stalled dialogue on an option to apply the Council’s Framework Convention for the Protection of National Minorities in the societal integration of Greenlanders living in Denmark. So far, the Danish authorities have not been willing to award the Greenlanders any special rights citing their individual and universal rights to non-discrimination and equal civil rights as sufficient for integration. The refusal is based on the authorities’ specific interpretation of the status of Greenland and Greenlanders under international conventions. A review of the dialogue from 1999 till today set against a short Nordic-Canadian perspective reveals that a combination of special rights and universal equal civil rights puts the view of the Danish authorities in question. This seems, therefore, to indicate an unwillingness on behalf of the authorities to consider feasible alternatives.

The return of the old ghosts? The so-called Beneš Decrees and the European protection of national minorities

In the fifth monitoring cycle, the Advisory Committee on the Framework Convention for the Protection of National Minorities surprisingly for the first time addressed issues related to the so-called Beneš Deacrees, which severely affected the German and Hungarian minorities in Czechoslovakia in the period immediately after the Second World War. In light of the Advisory Committee’s 2022 Opinion, which invited the Slovak authorities to enter into a dialogue with representatives of the affected national minorities on the possible negative effects of the postwar regulations, this article addresses the substance of the dispute between Slovakia and its Hungarian minority and presents relevant legal aspects in light of current Slovak administrative and judicial practice. The authors make suggestions on how the recommended dialogue could be used to solve the problem

Konstytucyjny wymiar ochrony praw mniejszości narodowych w Austrii

The article indicates such research problems as the features of the Austrian constitutional order, the history of Austrian constitutionalism and the main legal acts of a constitutional nature. The aim of the analysis was to determine: a) what is the level of protection of national minorities in Austria, resulting from the constitutional order?, b) can we speak of continuity of protection?, and c) what is the balance between legal regulations and practice? The article indicates that the level of protection of national minorities in Austria resulting from the constitutional order should be assessed as high. The minority status has been defined in a number of constitutional legal acts. We are dealing with the continuity of legal protection, and any problems do not concern strictly the law itself, but its practical application.

Where Ethnoregionalism and Nationalism Meet

Abstract Three decades ago, political science and legal studies took almost no interest in a small region in Central Europe called Upper Silesia. Today, the scholarly literature in many disciplines is growing due, among other things, to the references to the situation of Silesians made by the Advisory Committee of the Framework Convention for the Protection of National Minorities in the Fourth Opinion on Poland. However, most of those studies do not include analysis of the most important political context: ethnopolitics in the Republic of Poland, its past and present. In this paper, we aim to explore the dynamic relations between Poles and Silesians and the consequences of those relations on public law. We also analyse the rise of the ethnoregionalist movement in Upper Silesia. Then, we analyse ethnopolitics in Poland in relation to Upper Silesia, especially in the context of Polish national identity.

Theoretical Foundations of Political and Legal Norms of the European Union in the Field of the National Minorities’ Rights Protection

The article analyzes the origins of contradictions between the actors of ethnopolitical processes amid the protection of national minorities and the connection of these phenomena with the relevant political and legal norms of the European Union. This international organization, on the one hand, strives to ensure peace and stability in Europe and, on the other hand, advocates the implementation of the principles of the rule of law, democracy and human rights in the practice of social relations of states that are its members or which express interest in integration. This requires the EU to pay special attention to the problems of inter-ethnic relations as an area with high conflict potential. Accordingly, European institutions have created a system of norms, the implementation and following of which are designed to reduce or eliminate negative scenarios of the development of such processes. The author defines the main subjects of inter-ethnic relations – host states, national minorities and kin states, in contacts between which contradictions may arise at the domestic and foreign policy levels. Attention is paid to the possible strategies of EU influence on the relations between such actors to find acceptable solutions and ensure social cohesion.

“One Nation—One Language”

Abstract This article analyses the development of national legislation in the field of language and minority-related policies and the subsequent public discussions in Latvia and Ukraine in 2018–2020. During this period, major reforms in the sphere of language policy and the protection of national minorities’ rights were initiated in both countries. The analysis of these initiatives shows that despite somewhat different ways of implementing ‘nationalizing’ practices in Latvia and Ukraine since the restoration of their independence in 1991, the overall trend suggests that the trajectories of the development of the state language and minorities’ policy are increasingly converging in the two countries. The central focus of this article concerns the amendments to education laws and the subsequent appeals to the Constitutional Court of Latvia in 2018–2020 and the adoption of the Law “On Ensuring the Functioning of the Ukrainian Language as the State Language” in 2019, which have had a considerable impact on the development of minority-related policy.

The Rights of European Minorities: Justice, Public Administration, Participation, Transfrontier Exchanges and Citizenship—International Developments in 2020

Abstract This article provides an overview of the implementation of the rights of European national, ethnic or linguistic minorities and indigenous peoples in 2020, in the fields of administration of justice, public administration, participation, citizenship and tranfrontier exchanges. Relevant legal developments are presented in the activities of the United Nations, the Organization for Security and Co-operation in Europe, the European Union, and the Council of Europe. Special attention is paid to the application of the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, which are the most important international treaties on the rights of minorities in Europe.

Local elections in the European Union and Ukraine: comparative characteristics

The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
 The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
 The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
 Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
 In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.