Thomas Benedikter (ed.) Solving Ethnic Conflict through Self-Government A Short Guide to Autonomy in Europe and South Asia Autonomy, in the framework of a modern democratic state, was first es- tablished in 1921 in Finland‘s Aland Islands. Later such concepts of power sharing have been implemented in all continents, and, in 2009, operate in at least 60 regions in 20 states. Particularly after World War II, the idea of autonomy for the protection of ethnic or national minorities and the reso- lution of self-determination conflicts became a political reality in various European states as well as in India. In most cases, regional autonomy pro- vided the legal-political framework for the “internal self-determination” of a smaller or indigenous people or of an ethnic minority, preserving a specific ethnic-cultural identity while maintaining the sovereignty of the state in which they live. Not only could autonomy bring about peace and stability in conflict-ridden societies, but it could also enhance new partnerships be- tween the central state and the regional community. In the framework of the EURASIA-Network, an EU-funded exchange pro- gram of seven South Asian and European university departments, research institutes, and human rights institutions, the European Academy of Bol- zano/Bozen (EURAC) has chosen the issue of regional autonomy for sharing experiences and insights highlighting its significance for the protection of human and minority rights and the resolution of ethnic conflicts. The pub- lication, collecting twenty short essays by fifteen authors from both areas, should provide an overview of some of the most relevant cases of autono- my in Europe and South Asia. It aims to shed light on current developments in autonomous regions, as well as to explore the likelihood of implementing autonomy in societies still affected by ethnic conflict. The Editor‘s wish is to enhance a common critical discourse about autonomy and its potential to combine minority rights protection and self-government in South Asia and Europe. The research leading to these results has received funding from the European Community’s Seventh Framework Programme [FP7/2007-2013] under grant agreement n° 216072. EURASIA-Net Europe-South Asia Exchange on Supranational (Regional) Policies and Instruments for the Promotion of Human Rights and the Management of Minority Issues EURAC in partnership with Brunel University, Johann Wolfgang-Goethe-Universität, Mahanirban Calcutta Research Group, South Asian Forum for Human Rights, Democratic Commission of Human Development, University of Dhaka. Thomas Benedikter (ed.) Solving Ethnic Conflict through Self-Government A Short Guide to Autonomy in South Asia and Europe 2 Solving Ethnic Conflict through Self-Government Glossary A Short Guide to Autonomy in South Asia and Europe AJK Azad Jammu and Kashmir Bozen/Bolzano, June 2009 ADC Autonomous District Council This study was written for the European Academy of Bolzano/Bozen (EURAC), Institute ASDC Autonomous State Demand Committee for Minority Rights, in the frame of the project Europe-South Asia Exchange on Sup- ABSU All Bodo Students Union ranational (Regional) Policies and Instruments for the Promotion of Human Rights and BLT Bodoland Liberation Tigers the Management of Minority Issues (EURASIA-Net) funded by the Seventh Framework BAC Basque Autonomous Community Programme of the European Commission (FP7). BTC Bodoland Territorial Council The research leading to these results has received funding from the European Community‘s BLT Bodoland Liberation Tigers Seventh Framework Programme [FP7/2007-2013] under grant agreement n° 216072. CPN (M) Communist Party of Nepal (Maoist) CHT Chittagong Hill Tracts EURASIA-Net Partners CIS Confederation of Independent States Accademia Europea Bolzano/Europäische Akademie Bozen (EURAC) – Bolzano/Bozen DAHR Democratic Alliance of Hungarians in Romania (Italy) DGHC Darjeeling Gorkha Hill Council Brunel University – West London (UK) ETA Euskadi Ta Batasuna (Basque Country and Freedom) Johann Wolfgang Goethe-Universität – Frankfurt am Main (Germany) FATA Federally Administered Tribal Areas Mahanirban Calcutta Research Group (India) FCR Frontier Crimes Regulation South Asian Forum for Human Rights (Nepal) FNLC Fronte Naziunale di Liberazione di a Corsica Democratic Commission of Human Development (Pakistan), and GJMM Gorkhaland Janmukti Morcha (Gorkhaland People’s Freedom Movement) University of Dhaka (Bangladesh) HAR Hungarian Autonomous Region HNCT Hungarian Council of Transylvania Edited by KANA Ministry of Kashmir Affairs and Northers Areas LBA Ladakh Buddhist Association LGO Local Government Ordinance LTTE Liberation Tigers of Tamil Eelam © EURAC 2009 NWFP North Western Frontier Province NDFB National Democratic Front of Bodoland Rights and permissions NALC Northern Areas Legislative Council Copying and/or transmitting parts of this work without prior permission may be a violation PNC Partitu di a Nazione Corsa of applicable law. The publishers encourage dissemination of this publication and would be PMR Pridnestrovian Moldovan Republic (Trans-Dniestria Moldovan Republic) happy to grant permission. Requests have to be sent to PNV Partido Nacional Vasco (Basque National Party) Institute of Minority Rights PSOE Partido Socialista de Obreros de Espana (Spanish Socialist Workers Party) EURAC Research PATA Provincially Administered Tribal Areas Viale Druso/Drususallee 1 SPA Seven Party Alliance I – 39100 Bolzano/Bozen SzNC Szekler National Council Email: [email protected] ST Scheduled Tribe Editor/coordinator: Thomas Benedikter (EURAC) SC Scheduled Caste Proofreader: Catherine Gordley UT Union Territory Lay-out: Hanna Battisti and Thomas Benedikter UPC Unione di u Populu Corsu (Union of the Corsican People) Cover design: Hanna Battisti UNDRIP UN Declaration of the Rights of Indigenous Peoples Photographs: see page 140 TTAADC Tripura Tribal Area ADC Printed by: ESPERIA srl, Lavis/Trento TMDP Terai Madhes Democratic Party 3 Content 17 India’s autonomous districts under the 6th Schedule 78 Preface: Political autonomy – A way to self-governance and 4 18 Autonomy in India‘s Northeast: the frontiers of centralized 80 conflict solution politics Günther Rautz Sanjay Barbora 1 What is political autonomy about? 5 19 Regional autonomous democracies: new „ethnic spaces“? 86 Fundamental features of regional territorial autonomy A response to Sanjay Barbora - Thomas Benedikter Thomas Benedikter “We demand a Union Territory with legislation” 89 2 The first modern autonomy: the Åland Islands 15 Interview with Mr. Kumzang, director general of the Ladakh Buddhist 3 Italy’s autonomous regions 16 Association 4 Devolution in Scotland, moving forward 17 20 Pakistan‘s Federally Administered Tribal and Northern Areas: 92 Rami Ousta Fundamental rights, effective representation and autonomy Murtaza H. Shaikh 5 The autonomy of Catalonia 24 Xabier Arzoz 21 Azad Jammu and Kashmir: an autonomous region? 97 6 Romania and the Szeklerland – Historical claim and modern 29 “We demand democracy and autonomy for Gilgit-Baltistan” 98 regionalism Interview with Maj Hussain Shah, MKOP Gilgit Miklós Bakk 22 Autonomy for the indigenous peoples of CHT: aftermath of the 100 7 Rebel island: Corsica‘s long quest for autonomy 35 1997 Peace Accord Alessandro Michelucci Muhammad Mahbubur Rahman 8 New Caledonia and French Polynesia: France’s working autonomies 39 23 Gorkhaland: autonomy is no longer the issue 104 Thomas Benedikter 9 Recent developments of the autonomy of the Basque Country 41 Eduardo J. Ruiz Vieytez “Darjeeling wants a separate state in India” 110 Interview with Roshan Giri, secretary general of the Gorkhaland Jana 10 The Gagauzian model of autonomy: A perspective for Trans- 46 Mukti Morcha Dniestr? Benedikt Harzl 24 Bodoland – India‘s youngest regional autonomy 112 Thomas Benedikter 11 A European autonomy seen with South Asian eyes: South 51 117 Tyrol „Let‘s take the chances given by this autonomy“ Farah Fahim-Tarsia Interview with P.K. Hazoari, Bodoland Territorial Council General Secretary 12 Cultural autonomy in Estonia - Before and after the Soviet 56 25 From “Post-war” to “post-conflict”: the continuing relevance 120 Interregnum Karina Zabielska and Karl Kössler of power-sharing and territorial autonomy in Sri Lanka Asanga Welikala 13 Hungary‘s cultural autonomy for ethnic minorities 60 26 Conclusion: give regional autonomy a chance 124 14 The Greenlanders voted for more autonomy 62 Thomas Benedikter Thomas Benedikter 15 Regional autonomy in South Asia – An overview 64 Annex Thomas Benedikter 1. Catalonia’s scheme of power sharing between state and region 133 2. The world‘s territorial autonomies in 2009 134 16 Autonomy and federalism in Nepal‘s current constitutional 72 3. Bibliography and the autonomy statutes on Internet 135 debate Som Prasad Niroula NGOs committed to minority rights and autonomy 4 A Short Guide to Autonomy in South Asia and Europe Preface Bangladesh has not yet fully accomplished its autonomy arrangements for the Chittagong Hill Tracts. Nevertheless, South Asia, with its vast ethnic diversity Exploring territorial and cultural autonomy and political complexity, remains one of the regions on earth most challenged as a means of conflict resolution to find new answers for the self-determination-struggles of smaller communities and minority protection and the protection of ethno-linguistic minorities. The same applies to Europe, which is far from having exhausted the potential of autonomy as a device for re- The political management