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State Consolidation and National Identity

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Chisinau 4 juillet/July 2003 Restricted CDL-STD(2003) 039 Or. Arc en ciel. Science and technique of democracy, No. 39 Science et technique de la démocratie N° 39 EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) COMMISSION EUROPEENNE POUR LA DEMOCRATIE PAR LE DROIT (COMMISSION DE VENISE) State Consolidation and National Identity La consolidation de l’Etat et l’identité nationale CDL-STD(2003)039 - 2 - TABLE OF CONTENTS / TABLE DES MATIERES page OPENING SPEECHES / DISCOURS INTRODUCTIFS INTRODUCTORY ADDRESS Mr Nicolae DUDĂU..................................................................................................................4 WELCOME MESSAGE Mr Vladimir VORONIN............................................................................................................7 DISCOURS INTRODUCTIF M. Gianni BUQUICCHIO.........................................................................................................8 REPORTS / RAPPORTS MODERN NATION-STATE AND EUROPEAN STANDARDS OF MINORITY RIGHTS Mr Boriss CILEVICS ..............................................................................................................11 MODELS OF A MULTI-ETHNIC STATE: OPTIONS FOR MOLDOVA Mrs Alla SKVORTSOVA .......................................................................................................20 NATIONAL INTERESTS IN MULTI-ETHNIC SOCIETIES Mr Lev S. VORONKOV .........................................................................................................29 IDENTITY POLITICS IN MULTINATION STATES Mr William KYMLICKA........................................................................................................38 THE STATE IN A POLY-ETHNIC SOCIETY: FROM HISTORY OF PERSPECTIVE FOR MOLDOVA Mr Nicolai D. RUSSEV...........................................................................................................46 FOREIGN POLICY INTERESTS OF THE MULTINATIONAL STATE: MODERN ORIENTATIONS OF THE REPUBLIC OF MOLDOVA Mr Sergiu NAZARIA ..............................................................................................................52 THE SPANISH CONSTITUTIONAL EXPERIENCE: FROM CENTRALISATION TO CO- OPERATIVE FEDERALISM THROUGH DEVOLUTION AND AUTONOMY Mr Juan Fernando LÓPEZ AGUILAR....................................................................................56 THE LEGAL STATUS OF MINORITIES IN HUNGARY Mr Peter KOVÁCS..................................................................................................................64 LE « MODELE BELGE » EST-IL EXPORTABLE ? M. Simon PETERMANN ........................................................................................................77 INTEGRATION ET RESPECT DES DIVERSITES : L’EXEMPLE SUISSE M. Etienne GRISEL.................................................................................................................87 - 3 - CDL-STD(2003)039 This publication contains the reports presented at the UniDem Seminar organised in Chisinau on 4-5 July 2003 by the European Commission for Democracy through law in co-operation with the Ministry of Foreign Affairs of the Republic of Moldova. The European Commission for Democracy through Law (Venice Commission) is an advisory body on constitutional law, set up within the Council of Europe. It is composed of independent experts from member states of the Council of Europe, as well as from non- member states. At present, more than fifty states participate in the work of the Commission. ****** Cet ouvrage contient les rapports présentés lors du Séminaire UniDem organisé à Chisinau les 4 et 5 juillet 2003 par la Commission européenne pour la démocratie par le droit en coopération avec le ministère des Affaires étrangères de la République de Modova. La Commission européenne pour la démocratie par le droit (Commission de Venise) est un organisme consultatif en matière de droit constitutionnel, créé au sein du Conseil de l’Europe. Elle est composée d’experts indépendants d’Etats membres du Conseil de l’Europe, ainsi que d’Etats non membres. Plus de cinquante Etats participent aux travaux de la Commission. CDL-STD(2003)039 - 4 - INTRODUCTORY ADDRESS Mr Nicolae DUDĂU Minister of Foreign Affairs of the Republic of Moldova, Chairman-in-Office of the Committee of Ministers of the Council of Europe Mr. Secretary, Distinguished guests, Honourable participants, It is an immense pleasure for me to welcome you to the Capital of the Republic of Moldova, and to the International Seminar “State Consolidation – National Identity”, organised by the European Commission for Democracy through Law in co-operation with the Ministry of Foreign Affairs of the Republic of Moldova and the Department for Interethnic Relations. The organisation of this Seminar is part of the Moldovan Chairmanship of the Commitee of Ministers of the Council of Europe which was initiated on 15 May 2003 at the 112th Ministerial Session in Strasbourg. Following the aim of implementing the idea of “unity through diversity”, we are strongly convinced that this seminar, with the participation of representatives of state authorities, as well as local and international experts in the concerned field, will contribute to: - the achievement of greater unity between member states of the Organisation, as well as the reconciliation of spiritual, cultural and political values; - highlighting the social and cultural diversity in the European space, in order to create a common patrimony, which would have, at the outset, the mutual understanding and the acceptance of differences. The subject concerning state consolidation and national identity represents one of the most challenging issues in the contemporary world due to the different approaches for tackling this matter by various legal systems, which differ from state to state, from nation to nation. The increasing importance of the national factor in the world became an overall recognised reality that served as a basis for the affirmation that the twentieth century will go down in world history as an époque of nations. Nowadays, we can witness the process of strong manifestation of nations’ self-determination at the international level, of ethnic minorities and linguistic groups within different states that generate qualitative changes in ethnical structures and has a certain impact on the evolution of interstate relations. In this context, it is worth mentioning that interstate co-operation for the protection of the rights of persons belonging to national minorities constitutes an essential prerequisite in the establishment and keeping of neighbourly relations, stability and security. - 5 - CDL-STD(2003)039 As the world is progressing in the twenty-first century, we find ourselves increasingly concentrating our attention on the society around us. Possibly owing to this and notwithstanding the conflicts and tension, reconciliation of peoples is being achieved. The newly independent state of the Republic of Moldova is no exception to this trend and is making every effort, as a sovereign state, to both build up a prosperous society with a level of life which reflects its potential, and to gradually become integrated into the international community. In the period which began with the declaration of its independence in 1991, the Republic of Moldova, like other states from Central and Eastern Europe, found itself facing the unprecedented task of setting up new political and democratic institutions, of carrying out profound economic reforms and of creating the legislative framework necessary to support these irreversible changes. Moldova has selected its own political, social and economic model in conformity with its national characteristics, with the features of its human and economic potential and with geopolitical conditions of this region. Following the independence of the Republic of Moldova, various political forces promoted different and contradictory opinions concerning the future of the new country. These opinions were reflected in the actions of the Republic of Moldova in defining the priorities of its foreign policy. Adopting the decision to follow the path of democratic reforms, our state identified the following main objectives of its foreign policy: - Consolidation of the country’s sovereignty and independence; - Ensuring territorial integrity; - Affirmation of Moldova as a stabilising factor in the region; - Promotion of democratic reforms for the transition to a market economy and for the population’s prosperity; - The building of a law-abiding state, in which liberty, fundamental human rights and duties will be guaranteed in compliance with international standards. The process of state consolidation of the Republic of Moldova is principally determined by its placement on the world map. Being situated in the Southeast part of Europe, Moldova represents a bridge of connection between Central and Eastern Europe. Due to this fact, the maintenance of co-operation in all its forms with the CIS countries, as well as the objective of gradual integration in European structures can be mentioned as part of the foreign policy of the Republic of Moldova. Another factor which contributes to the consolidation of our state is determined by the poly- ethnic and multi-confessional nature of our society. Moldova, as a result of its historical evolution during the centuries, has a large number of various ethnic peoples (Ukrainians, Russians, Gagauz, Bulgarians, Jewish, Germans, Gypsies, Poles etc.) on its territory. In this context, we can mention that the Republic of Moldova has acceded to
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