Compilation of Lectures: Participation of Minorities in Public Life
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Compilation of Lectures: Participation of Minorities in Public Life Alexander Osipov Hanna Vasilevich Stanislav Černega Editors ECMI Handbook December 2017 ECMI Handbook The European Centre for Minority Issues (ECMI) is a non-partisan institution founded in 1996 by the Governments of the Kingdom of Denmark, the Federal Republic of Germany, and the German State of Schleswig-Holstein. ECMI was established in Flensburg, at the heart of the Danish-German border region, in order to draw from the encouraging example of peaceful coexistence between minorities and majorities achieved here. ECMI’s aim is to promote interdisciplinary research on issues related to minorities and majorities in a European perspective and to contribute to the improvement of interethnic relations in those parts of Western and Eastern Europe where ethnopolitical tension and conflict prevail. ECMI Handbooks are written either by the staff of ECMI or by outside authors commissioned by the Centre. As ECMI does not propagate opinions of its own, the views expressed in any of its publications are the sole responsibility of the author concerned. ECMI Handbook European Centre for Minority Issues (ECMI) Director: Prof. Dr. Tove H. Malloy © ECMI 2017 ISBN 978-3-9819442-1-1 This handbook has been prepared with the support of the Ministry of Foreign Affairs of Denmark 2 | P a g e ECMI Handbook Contents Introduction Alexander Osipov & Hanna Vasilevich ................................................................................. 4 Rethinking the Notion of ‘Integration’: Building the Conditions for Cohesive and Multicultural Societies Eugenia Relaño Pastor .............................................................................................................. 8 Integration as a Tool to Reconcile Diversity and Unity: The Squaring of the Circle? Roberta Medda-Windischer ................................................................................................. 28 Functions and Competences of Public Bodies in Charge of Minority Issues at the National and Regional Levels Detlev Rein .................................................................................................................................. 44 Consultative and Advisory Bodies for Minorities: A European Overview Balázs Dobos ............................................................................................................................. 56 European Models of Communication Between Governments and Minorities: Towards Respect for Human Rights Standards Reetta Toivanen ........................................................................................................................ 74 Some Institutional Mechanisms for Communication between the State and Ethnic Minorities – The Case of Serbia Petar Teofilović ......................................................................................................................... 81 3 | P a g e ECMI Handbook Introduction Alexander Osipov, Hanna Vasilevich This handbook is a product of the project carried out in 2014-2017 by the European Centre for Minority Issues (ECMI) in Belarus, Moldova, and Ukraine. The project, officially named the ECMI Eastern Partnership Programme (EPP) and funded by the Ministry of Foreign Affairs of Denmark, envisaged the launch and development of a dialogue between governmental officials in charge of ethnic politics and human rights, representatives of civil society organizations, and academic experts within, as well as between, each of the three countries. The project does not relate to the Eastern Partnership as an institution initiated by the European Union (EU), but is implemented within the same Eastern Partnership geographic area – hence its name. Among the major reasons for choosing these countries were, first, the fact that all three are particularly important for European development of (as they constitute a borderland of the EU), and second, that they have a number of common features related to the ethnic composition of their populations, their linguistic background, and their internal policies addressing ethnic diversity. The project had two main thematic frameworks, namely, the participation of minorities in public life and human equality on ethnic grounds. These topics were chosen because they are cornerstones for the development of ethnic policies and ethnic relations in any country. The inclusion of people of different ethnic origins, as well as different cultural and linguistic backgrounds, into the political, economic, social, and cultural spheres is crucial for any society that aims to survive and develop as a whole, rather than as a mechanical sum of isolated "communities" that are hostile to each other or to the state. The theme of equality is of the utmost importance because the most complex and significant disputes and conflicts arise around situations and relationships that people assess as unfair – fairness being most often described in terms of equality or equal rights. Decisions made by the state and society within these two major frameworks define whether the established social order will be regarded by a given country’s residents – both the majority and minorities – as fair and therefore legitimate. All the political and organizational decisions related to the use of languages, education, public support to ethnicity-based cultural associations, and the protection and development of ethnic cultures are ultimately related to the broader issues of participation and equality. The seminars were the most important part of the project, bringing together a diverse collection of public officials, civil society representatives, and researchers to address the aforementioned main themes. Each event combined lectures by guest experts with general discussions on accumulated practical experience, achievements in analytical work, future initiatives, and prospects for future work. The participants discussed the possibility of using a variety of mechanisms to ensure the participation of national minorities in public life and the protection of equal rights, as well as the practices taking place in the three countries and their positive and negative outcomes. The lectures were presented by European and Canadian experts in the field of minority protection and non-discrimination. The topics they discussed were very effective in jumpstarting productive discussions at the seminars. The ECMI has decided that the publication and wider distribution of the lectures would be interesting and useful for a broad audience: both those who 4 | P a g e ECMI Handbook are professionally engaged as well as those who are simply interested in the issues of public administration, human rights, and ethnic relations.The selected lectures are grouped into two volumes. The first, which this publication summarizes, is devoted to the issues of minority inclusion into society and minorities’ communication with public authorities. It is composed of lectures, which allow for discussion and deliberation on a wide range of problems associated with the active participation of minorities in public life. The second volume covers the issues of equality and non-discrimination. The vast majority of European countries and all the countries of North America consider the ethnic, cultural, and linguistic heterogeneity of their populations to be a norm and value, and recognize a need for special legal and other social arrangements that allow people of different ethnic, linguistic, or religious affiliations to live peacefully together and enjoy all rights and freedoms. In order to achieve this, a number of international and national instruments have been developed, and in Europe in particular the protection of minorities has become the main conceptual framework for the description and analysis of problems and the ways to resolve them. Traditionally, the protection of minorities includes two main components: ensuring equality of persons belonging to minorities and creating conditions for the preservation and expression of their cultural and linguistic characteristics. Since the beginning of the 1990s, international organizations and experts theoretically recognize and legally secure a third component, which is encouraging greater minority engagement in society. This final component is inseparably linked with protecting minorities’ distinct identity and the need to ensure equal rights and opportunities for all members of society. Participation is a difficult and complex issue, which encompasses several dimensions. These include the lifting of barriers that prevent individuals from fully enjoying individual rights and liberties; creating the opportunity for individuals to express and satisfy their specific needs and requirements as members of ethnic, linguistic, or religious groups; and advocating for such groups to be publicly recognized as an integral part of society. The central issue of the participation agenda is to have minorities play a greater role in the decision-making processes (especially those concerning minorities themselves), and therefore to engage in more frequent and constructive interaction and consultations with authorities. Thus, the general thematic field covers such basic issues as: (1) what ways there are to ensure the coexistence of different groups and cultures in a single society; (2) what actions and measures, defined as "integration", contribute to social cohesion and the maintenance of internal solidarity without curtailing equal rights and identities of the people; (3) how one can understand, both theoretically