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FAIM2004 Paper Guideline International Conference KNOWLEDGE-BASED ORGANIZATION Vol. XXI No 2 2015 TYPOLOGY OF REGULATIONS RELATED TO MINORITIES IN THE NATIONAL LEGISLATIONS OF CERTAIN STATES Claudia ANDRIŢOI “Eftimie Murgu” University, Reşiţa, Romania [email protected] Abstract: The international regulations in the filed of minorities settle not only an international standard, but also a set of norms generally accepted by the states in this respect. Like in other domains of human rights, these norms represent a minimum of regulations beyond which one or several states, depending on their concrete situation and the international commitment they assume in the regional or bilateral plane, may apply more comprehensive norms and concepts. Such an approach corresponds also to the distinct situations of diverse minorities in the word: numerous or less numerous, compact or dispersed from the demographic point of view; some have been taken centuries to congregate, others have been formed recently, as a result of migration, whereas others have originated from native populations; some minorities are constituted according to ethnic criteria, others according to linguistic, cultural or religious criteria, and these elements are rarely encountered together. Keywords: minorities, national identity, discrimination, international regulations, assumed obligations, protection, guarantee 1. Introduction statement is given by the commitment The effort of integration into the great subscribed within the Conference of family of European democracy includes the Security and Cooperation in Europe - C. S. necessity to solve first the tensions C. E. The final act of al C. S. C. E. signed originated in the matter of national at Helsinki in 1975 provided a general minorities. The individualised treatment of stipulation, according to which „the each group, but especially the construction participant states on whose territory of the national and international frame national minorities live shall observe the meant to ensure the defence of human rights of the these minorities’ members to rights may be solved in this bold equality before the law, shall grant them endeavour. The obligations in relation with full opportunities to actually exercise their the minorities assumed by states in treaties human rights and fundamental liberties and represent only a premise for the setting of for this purpose they shall protect their an appropriate status of the persons who legitimate interests in this respect ". The differ from the majority population by provision was transferred in similar terms ethnic origin, language or religion. The to the documents adopted at the general states preserve a wide liberty of European reunions of Madrid (1980 -1983) appreciations as regards the legislative or and Vienne (1986-1989). administrative means by which their The guarantee and promotion of the rights assumed obligations are to be executed. granted to national minorities have The international consecration of this constituted the object of numerous DOI: 10.1515/kbo-2015-0065 © 2015. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License. 386 normative acts, for completing and rights and fundamental liberties. "[1]. detailing the commitments assumed by the Furthermore, point 33 of the document ratification of international documents, such institutes the obligation of participant states as the Frame Convention for the National to protect the ethnic, cultural, linguistic and Minorities’ Protection of the Council of religious identity of national minorities on Europe of 1995 (Romania being one of the their territory and to create conditions first states to sign this Convention) or the meant to promote such identity. They shall 1992 Chart of Regional or Minority take the necessary measures in this respect Languages (ratified by Romania in 2007). after adequate consultations and especially Thus, step by step, one has built a complex after having contacted the organisations or well-articulated and stable system for associations of these minorities, according national minorities’ protection. This to the decision-making procedure in each system, compatible with the high state and with the observance of the international standards in the matter, has principles of equality and non- been built with the direct involvement of discrimination compared to the other minorities and is perfective in time by citizens of the respective participant state. adequate public policies. The Copenhagen document condemns any 2. The issues of national minorities in the type of discrimination and any persecution rule of law for religious and ideological reasons, and A more enhanced approach was realised by underlines the fact that the participant states the document adopted at the Copenhagen will take effective measures in order to Reunion of the Conference for the Human combat such phenomena, including by the Dimension of the Conference for Security adoption, according to their constitutional and Cooperation in Europe, which system and international obligations correlated the problems of human rights’ assumed, laws necessary for the ensuring of observance with the realisation of pluralist the protection against any act that could democracy and the rule of law. The constitute an incitation to violence based on document comprises important precisions national, racial, ethnic or religious in relation with requirements such as discrimination. organising free elections, installing The participant states pledge themselves to representative governance, concordance acknowledge the rights of any person to between states’ laws and their obligations effective recourse, and will endeavour to regulated by international law. As a new recognise, according the national element, we see intervening also the right of legislation, the rights of the interested persons to associate and create persons or groups of persons to file organisations meant to watch over the complaints against the acts of respect of human rights, bodies that should discrimination and to support such be granted the possibility of establishing complaints. Finally, the state shall take into contacts with similar organisations and account the possibility to join international international organisms. The persons instruments related to discrimination and belonging to the national minorities have shall guarantee they fully comply with the the right to fully and effectively exercise obligations contained in these instruments, their human rights and fundamental including those stipulating the presentation liberties, without discrimination and in full of periodical reports and will examine the equality before the law. The participant possibility of adapting the international states shall adopt, if need be, special mechanisms allowing the particular states measures aiming at guaranteeing, for the and private persons to send persons belonging to national minorities, communications to international organisms full equality with the other citizens in regarding the acts of discrimination. exercising and benefiting from the human The C. S. C. E. Experts’ Reunion, specially 387 summoned to deal with the issues of When we examine the significance of minorities, adopted a report reaffirming that international law as regards the minorities’ the human rights and fundamental liberties status, we remark that international law constitute the foundation of the protection settles most of the times the rights related to and promotion of the rights of persons a minimum protection standard. A series of belonging to minority groups. The report fundamental aspects related to the regime of consecrates one more the rights mentioned minorities and the role within the state of in the Copenhagen document and insists on different communities constituted by ethnic, the action modalities for their language or religion criteria, as well as the implementation: the participation of the modality of ensuring the political persons belonging to minorities to public representation of these communities, life and consultations, special measures for involves the estimation of a complex of these persons, on non-discriminatory bases factors the states are in no circumstance in relation with other citizens and with the willing to leave to the appreciation of consideration of the history and territorial others. Granting or failing to grant local, particulars related to minorities. It includes territorial or personal autonomy, identifying more detailed provisions in relation with the groups of persons different by ethnic, the contacts of persons from minorities and religious or linguistic aspects as minorities, their access to information. Moreover, it nationalities or constituting nations of the reiterates recommendations regarding the state, establishing higher education condemnation of acts of hate, anti- institutions in the minorities' language are Semitism, xenophobia, discrimination, and acts that are part of the appreciation area the states’ obligation to struggle for the circumscribed to national sovereignty. [2]. promotion of tolerance, understanding, As long as the norms of international law equal opportunities and good relations remain limited to the imposition of among persons of different origin. minimum standards for minorities’ The activity of international human rights protection, the domestic legislation is organisms are necessarily correlated with expected to offer concrete solutions meant the domestic action of governmental or to ensure the political integration
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