The use and abuse of minority rights: Assessing past and future EU policies towards accession countries of Central, Eastern and South-Eastern Europe

International Journal on Minority and Group Rights

Volumn 13, Issue 1, 2006, Pages 27-51

  Johnson, Carter ^a,b  

^a NATIONAL UNIVERSITY OF UZBEKISTAN   (Uzbekistan)

^b State Pedagogical Univ of Moldova   (Moldova)

Author keywords

[No Author keywords available]

Indexed keywords

EUROPEAN UNION; HUMAN RIGHTS; MINORITY GROUP;

CENTRAL EUROPE; EASTERN EUROPE; EURASIA; EUROPE;

EID: 33746129128     PISSN: 13854879     EISSN: 15718115     Source Type: Journal    
DOI: 10.1163/157181106777069914     Document Type: Article

References (106)

1. For the sake of simplicity, throughout this article the 'EU' will be used for the European Union and its predecessors, regardless of time.
2. The seven are Croatia, Serbia-Montenegro, Macedonia, Bosnia-Herzegovina, Albania, Moldova, and Ukraine. Only Croatia has formally begun membership talks; the EU has begun association negotiations with Serbia-Montenegro. E. Jansson and D. Dombey, '"New dawn' for Balkans as EU promises talks with two states", Financial Times, 5 October 2005, p. 2. Ukraine, which is furthest from membership, has nevertheless been given tacit approval for eventual membership. 'Ukraine told that EU door is open', BBC News World Edition, 6 October 2005, , visited 6 October 2005. While Turkey has also formally begun membership talks, this article will focus exclusively on the former Socialist Bloc states as they make up the vast majority of recent and future member states.
3. European Council, 'Conclusions of the Presidency, Copenhagen', 21-22 June 1993, DOC SN 180/93, para.7, emphasis added.
4. G. Schwellnus, 'Conditionality and its misfits: Non-discrimination and minority protection in the EU enlargement process', unpublished paper presented at the UACES Annual Conference, Belfast, 2-4 September 2002, p. 17
5. One of the most famous being the 1968 Belgian Linguistics Case at the European Court of Human rights which set the precedent that governments do not have to provide positive benefits for minority groups, but must also allow them to associate freely in private institutions.
6. See , visited on 1 December 2005.
7. See A. Bloed, The Conference on Security and Cooperation in Europe: Analysis and Basic Documents 1972-1993 (Dordrecht, Kluwer, 1993).
8. See , visited on 23 January 2006.
9. See www.osce.org/documents/hcnm/1999/09/2698_en.pdf, visited on 23 January 2006.
10. .
11. No. 169, .
12. .
13. See Article 7 of the European Charter for Regional or Minority Languages , visited on 01 December 2005.
14. For a recent discussion of the difficulties involved in separating 'old' and 'new'minorities, see G. Sasse, 'Securitization or Securing Rights? Exploring the Conceptual Foundations of Policies towards Minorities and Migrants in Europe', 43:4 Journal of Common Market Studies (2005) pp. 673-693. See esp. pp. 675-679.
15. See State Program of Estonia 'The education and culture of ethnic minorities' in Integration in Estonian Society 2000-2007, , visited on 30 November 2005.
16. The author argues this is the case because the Charter only protects the languages themselves and not the individual users of the language. S. Deets, 'Europe and the Politics of Minority Rights' East European Studies (Woodrow Wilson International Center for Scholars, Washington, DC, March/April 2001) p. 6.
17. Yet to sign: Belgium, Greece, Ireland, Portugal; and yet to ratify: France, Italy , visited on 1 December 2005.
18. Yet to ratify: Romania, Czech Republic, Poland; signed and ratified: Slovakia, Hungary, Slovenia , visited on 10 December 2005.
19. Framework Convention for the Protection of Minorities, Summary of the Treaty (Strasbourg, 1995) , visited on 10 December 2005.
20. Framework Convention for the Protection of Minorities, Article 15, Strasbourg (1995).
21. Framework Convention for the Protection of Minorities, Article 5, Strasbourg (1995).
22. Stephen Troebst states, "[I]t is at the same time, however, exactly this high degree of vagueness in the Convention's wording which leaves room for interpretation in a more positive direction. For example, there is no strict distinction between 'traditional national minorities' and so-called 'new minorities', and no nexus between citizenship and 'national minority' is defined" S. Troebst, 'Implementing the Framework Convention for the Protection of National Minorities', ECMI Report #3. Flensburg: European Centre for Minority Issues 1999, p. 3.
23. S.Toebst, 'The Council of Europe's Framework Convention for the Protection of National Minorities Revisited' 14 Speaking About Rights (Canadian Human Rights Foundation Newsletter).
24. Germany, 'Second Report submitted by the Federal Republic of Germany under Article 25, paragraph 2, of the Council of Europe's Framework Convention for the Protection of National Minorities' 2004.
25. See Advisory Committee (ACFC) 'Opinion on Germany' (CM(2002)43, no. 73).
26. See 'Declaration contained in a Note Verbale from the Permanent Representation of Slovenia', dated 23 March 1998, handed to the Secretary General at the time of deposit of the instrument of ratification, on 25 March 1998. See Treaty Office at , visited on 20 November 2005.
27. See, for example, the Advisory Committee's 'Second Opinion on Slovenia' adopted on 26 May 2005 that encourages the Slovenian government to consider redefining groups from 'economic immigrants' to 'national minorities'; see also 'Opinion on Estonia' that refers to the 'restrictive nature' of Estonia's Declaration, which denies protection to non-citizens; Advisory Committee on the Framework Conventionfor the Protection of National Minorities, 'Opinion on Estonia', adopted on 14 September 2001, para. 15. Neither Slovenia nor Estonia nor other countries have changed their position, despite repeated pressure from the Advisory Committee and other organizations. For more information on the Framework Convention's monitoring procedures, see G. Alfredsson, 'A Frame an Incomplete Painting: Comparison of the Framework Convention for the Protection of National Minorities with International Standards and Monitoring Procedures', 7:4 International Journal on Minority and Group Rights (2000) pp. 291-304.
28. Belgium, Greece, Luxembourg, and the Netherlands have yet to sign as of December 2005 , visited on 11 December 2005.
29. Of the accession countries, only Latvia had not ratified at the time of accession; Latvia ratified the Convention in June 2005 , visited on 11 December 2005.
30. J. Hughes and G. Sasse, 'Monitoring the Monitors: EU Enlargement Conditionality and Minority Protection in the CEECs', Journal on Ethnopolitics and Minority Issues in Europe 1 (2003) pp. 1-36. See p. 10.
31. As mentioned earlier, the Framework Convention contains no definition and this is the case internationally, this is exemplified by the UN Declaration on the Rights of Persons Belonging to National Minorities which does not define a 'National Minority'. For further information, see J. Jackson-Preece, National Minorities and the European Nation-State System (Oxford University Press, Oxford, 1998) pp. 9-30.
32. P. Dimitras and N. Papanikolatos, 'Reflections on Minority Rights Politics for East Central European Countries' in W. Kymlicka (ed.), Can Liberal Pluralism Be Exported? Western Political Theory and Ethnic Relations in Eastern Europe (Oxford University Press, New York, 2001) p. 190.
33. Ibid., p. 193.
34. Hughes and Sasse, supra note 30, p. 9
35. European Centre for Minority Issues, minutes from 1998 seminar, emphasis added.
36. M. Johns, "Do As I Say, Not As I Do': The European Union, Eastern Europe and Minority Rights', 17:4 East European Politics and Societies (2003) pp. 682-699.
37. J.Checkel, 'Why Comply? Social Learning and European Identity Change' 55:3 International Organization (2001) pp. 553-588. T. Borzel and T. Risse, 'Conceptualizing the Domestic Impact of Europe' in K.Featherstone and C. Radaelli (eds.), The Politics of Europeanization (Oxford University Press, Oxford, 2003), pp. 55-78.
38. F. Schimmelfennig and U. Sedelmeier, 'The Europeanization of Eastern Europe: Evaluating the Conditionality Model', Paper prepared for the 1st Pan-European Conference on EU Politics, Bordeaux 26-28 September 2002, p. 18. See also F. Schimmelfennig and U. Sedelmeier (eds.), The Europeanization of Central and Eastern Europe (Cornell University Press, New York, 2005).
39. These did not include Europe Agreements signed with Poland, Hungary, and Czechoslovakia in December 1991, but did affect agreements with Albania (1992), Estonia, Latvia, Lithuania, Slovenia (1993), and all Europe Agreements concluded after 1992. F. Cameron, 'The Impact of the EU on Human and Minority Rights: Central and Eastern Europe and the Newly Independent States' (2001) pp. 81-82, taken from S. Crisen (ed.), Minorities and Tolerance: Central and Eastern Europe and the NIS (Conference Proceedings, Woodrow Wilson International Center for Scholars, Washington DC, April 24, 2001).
40. Hughes and Sasse, supra note 30, p. 25.
41. As Schimmelfennig and Sedelmeier state, "[i]nstitutional ties start with trade and cooperation agreements, are intensified by association agreements, and reach their end-point with full membership. In addition to assistance, these institutional ties provide increasing inclusion in the EU market with the prospect of gains from trade and investment and increasing participation in EU decision-making". Schimmelfennig and Sedelmeier, supra note 38, pp. 8-9.
42. Cameron, supra note 39.
43. W. Kymlicka, 'Multiculturalism and Minority Rights: West and East', 4 Journal of Ethnopolitics and Minority Issues in Europe (2002) p. 2.
44. For some examples, see: Resolution on Linguistic Minorities in the European Community (1994); Resolution on the Languages and Cultures of the Regional and Ethnic in the European Community (1987); Resolution on Measures in Favour of Linguistic and Cultural Minorities (1983); Resolution on a Community Charter of Regional Languages and Cultures (1981) and Resolution on a Charter of Rights of Ethnic Minorities (1981).
45. Taken from the Parliament's 'Resolution on human rights in the world in 1997 and 1998 and European Union human rights policy'. See OJ 1999 No. C 98, p. 270.
46. Taken from the Parliament's 'Resolution on human rights in the world in 1997 and 1998 and European Union human rights policy'. See OJ 1999 No. C 98, p. 279.
47. A clear example is the 1998 declaration by representatives of the member states where they state, "Europe, characterised by solidarity and a rich cultural mix, is founded on respect for diversity and on tolerance. All Member States ⋯ are continuously striving to build and maintain a Europe based on ⋯ the diversity of its cultures and languages, a Europe where ⋯ rights of Minorities are protected". See 'Declaration by the Council and the representatives of the Governments of the Member States ⋯ on respecting diversity and combating racism and xenophobia', OJ 1998 No. C 001, p. 1. Emphasis added.
48. For the Regular Reports see , visited on 30 November 2005. See under point B.1.2 (Human rights and Protection of Minorities) for the new Commission's views on the respective minority-situations in the applicant states.
49. For the regular reports see ibid.
50. G. Toggenbourg, 'A Rough Orientation through a Delicate Relationship: The European Union's Endeavours for (its) Minorities', 4:16 European Integration online Papers (2000) p. 13, , visited on 4 December 2005. For an explanation of the Accession Partnerships see Toggenbourg's footnote 94, p. 31 and for the full text of the Accession Partnerships, see , visited on 4 December 2005.
51. Specifically financed projects include: A co-financing of a programme entitled 'Minorities in Central European Countries' by the Commission and the Council of Europe; regular meetings of representatives of Governmental Offices for National Minorities (Project MIN I); various study visits for representatives of Offices for National Minorities to similar institutions in other countries (Project MIN II). See the Council of Europe's Final Report to the European Commission on the implementation of the Joint Programme with the Council of Europe entitled 'Minorities in Central European Countries' (April 1998). Ibid. pp. 8 and 26-27.
52. M. Ram, 'Minority Relations in Multiethnic Societies: Assessing the EU Factor in Romania', 1:2 Romanian Journal of Society and Politics (2001) pp. 63-90, see p. 64.
53. Central European Initiative, CEI Instrument for the Protection of Minority Rights CEI Center for Information and Documentation, Trieste; adopted in 1994 , visited on 8 December 2005.
54. Ram, supra note 52, p. 88.
55. OSCE High Commissioner on National Minorities, 'Recommendations on Expanding the Concept of Multi-culturalism at the Babes-Bolyai University, Cluj-Napoca, Romania' (2000) , visited on 2 December 2005.
56. See OSCE press release, 'New university project unveiled in Tetovo, former Yugoslav Republic of Macedonia' (12 February 2001) visited 5 December 2005.
57. For a discussion of the changes in education and other policy realms affecting the Hungarian minority, see M. Brusis, 'Ethnic Rift in the Context of Post-Communist Transformation: The Case of the Slovak Republic', 5 International Journal on Minority and Group Rights (1997) pp. 3-32, see especially pp. 11-17. See also: BBC Summary of World Broadcasts, 'Education Ministry pressing ahead with preparations for "alternative" education' Czechoslovak Press Agency, 22 June 1995. For OSCE Criticism see BBC Summary of World Broadcasts, 'OCSE minorities representative sends letter of criticism to authorities', 14 November 1996.
58. The final plan closely resembles policies in the Basque region and Ireland. S. Deets, 'Europe and the Politics of Minority Rights' East European Studies (Woodrow Wilson International Center for Scholars, Washington DC, March/April 2001) p. 6.
59. S. Wolff 'Bilateral' Ethnopolitics after the Cold War: The Hungarian Minority in Slovakia, 1989-1999', 2:2 Perspectives on European Politics and Society (2001) pp. 159-195, esp. pp. 174-179. See also Brusis, supra note 57, pp. 17-24 on administrative reform; M. Rhodes, 'National Identity and Minority Rights in the Constitutions of the Czech Republic and Slovakia', 29:3 East European Quarterly (1995) pp. 347-369.
60. For an overview of the 1995 Language Law, see G. Edwards, 'Hungarian National Minorities: Recent Developments and Perspectives', 5 International Journal on Minority and Group Rights (1998) pp. 361-362.
61. F. Schmmelfennig, S. Engert and H. Knobel, 'Costs, Commitment and Compliance: The Impact of EU Democratic Conditionality on Latvia, Slovakia and Turkey', 41:3 Journal of Common Market Studies (2003) p. 504.
62. These changes included changes to legislation permitting school reports in two languages, resolution to the conflict over two ethnic Hungarian principals that were dismissed under the previous regime, and resolution to proposed changes to secondary school's Board of Governors. See interview with the Slovak Education Minister in the Hungarian newspaper Nepszabadsag 17 November 1998 as reported in BBC Summary of World Broadcasts, 'Official promises quick changes in regulation on minority education' 19 November 1998
63. Hughes and Sasse, supra note 30, p. 26.
64. 1999 Regular Report from the Commission on Slovakia's Progress Towards Accession, 13 October 1999, p. 70 , visited on 10 December 2005.
65. The Slovak-language Pravda wrote, "Van der Stoel pointed out that a separate law will be needed to regulate regional and local television, as well as radio broadcasts, and that legal obstacles still restrict the native-language use at civil ceremonies, such as weddings and funerals, along with and cultural events". As reported in the Hungarian Minorities Monitor, 6 September 1999.
66. 2001 and 2002 Regular Report on Slovakia's Progress Towards Accession; 2001: "www.europa.eu.int/comm/enlargement/report2001/ sk_en.pdf", visited on 10 December 2005; 2002: "www.europa.eu.int/comm/enlargement/report2002/sk_en.pdf", visited on 10 December 2005.
67. Cameron, supra note 39, p. 89.
68. Minorities at Risk Project, 'Russians in Estonia' Analytic Summary (2005) , visited on 26 November 2005. See also 'Concluding Observations by the Committee on the Elimination of Racial Discrimination: Estonia'CERD/C/ 304/Add.98, 19 April 2000 , visited on 26 November 2005.
69. MAR, supra note 68.
70. S. Crisen, supra note 39, p. 11.
71. ECMI Conference 1998, p. 31.
72. See section 2 of 'Comments on the Declaration to Accompany the Ratification of the Framework Convention for the Protection of National Minorities of 01.02.1995' (http://www.osce.org/documents/hcnm/1997/01/ 2710_en.pdf - accessed 12/01/05).
73. J. Hughes, "Exit' in Deeply Divided Societies: Regimes of Discrimination in Estonia and Latvia and the Potential for Russophone Migration', 43:4 Journal of Common Market Studies (2005) pp. 739-762, pp. 739-740.
74. Estonia's restrictions were vaguer, preventing citizenship for those who, "acted against the Estonian state and its security". For a comprehensive look at the different citizenship policies in the Baltics, see N. Gelazis, 'The European Union and the Statelessness Problem in the Baltic States', 6:3 European Journal of Migration and Law (2004) pp. 225-242, esp. pp. 226-232.
75. Latvia ratified the Framework Convention in 2005
76. N. Gelazis, supra note 74, p. 232.
77. James Hughes states that, "[w]hile the modifications [to the process of naturalization] had a significant impact on policy in Estonia, the situation in Latvia was much less affected". Hughes, supra note 73, p. 746.
78. Figures from the Commission's 2002 Regular Report on Latvia and Estonia.
79. Concerns of minority language broadcasts in Article 9; access to higher education in Article 12. See Advisory Committee on the Framework Convention for the Protection of National Minorities 'Opinion on Estonia', adopted on 14 September 001 , visited on 27 November 2005.
80. T. Gurr, Peoples Versus States: Minorities at Risk in the New Century (United States Institute of Peace Press, Washington DC, 2000).
81. Already by 1990 the CSCE held a significant meeting in Copenhagen to discuss minority protection.
82. See, for example, J. Donnelly, Universal Human Rights In Theory And Practice (Cornell University Press, Ithica, New York, 2003); H. Steiner and P. Alston, International Human Rights In Context: Law, Politics, Morals (Oxford University Press, New York, 2000); S. Shute and S. Hurley (eds.), On Human Rights: The Oxford Amnesty Lectures (Basic Books, USA, 1993).
83. Most famously is Will Kymlicka's assertion that, for ethnocultural justice to take place, "national minorities should have the same tools of nation-building available to them as the majority nation, subject to the same liberal limitations". From his edited volume supra note 32. There are also critiques from authors across Eastern Europe such as Romania (Gabriel Andreescu) and Ukraine (Volodymyr Fesenko).
84. A. Lijphart, The Politics of Accommodation: Pluralism and Democracy in the Netherlands (University of California Press, Berkeley, 1968); for a more recent look at Lijphart's approach to divided societies, A. Lijphart, 'Constitutional Design for Divided Societies', 15:2 Journal of Democracy (2004).
85. N. Bermeo, 'The Import of Institutions', 13:2 Journal of Democracy (2002); S. Saideman, D. Lanoue, M. Campenni and S. Stanton, 'Democratization, Political Institutions, and Ethnic Conflict: A Pooled Time-Series Analysis, 1985-1998', 35:1 Comparative Political Studies (2002).
86. Dimitras and Papanikolatos, supra note 32.
87. Declaration on the Guidelines on Recognition of New States in Eastern Europe and the Soviet Union and the Declaration on Yugoslavia (1991). See EC Bulletin 1991/12, p. 119. Full text in C. Warbrick, 'Current Developments: Public International Law', 41 International and Comparative Law Quarterly (1992), p. 473.
88. B. De Witte, 'Politics versus Law in the EU's Approach to Ethnic Minorities', EUI working paper, RSC No 2000/4, p. 173.
89. Hughes and Sasse, supra note 30, p. 16.
90. J. Cook, 'Stability Pact Tries Hard to encourage Good Behaviour between Neighbors' in European Dialogue, No.1 (March/April, 1995).
91. Toggenbourg, supra note 50, p. 12.
92. M. Arnould, 'Stability Pact: Reassuring Minorities, Guaranteeing Frontiers' in Forum, No. 2 (June 1995) p. 18.
93. CSCE, 'Helsinki Document 1992: Challenges of Change', p. 8 , visited on 9 December 2005.
94. MAR records both violent and non-violent action on an ordinal scale. Roma recorded 0 for violent action from 1987-1995 in all countries that include at least 100,000 Roma and the highest protest score was a '3'which means "small demonstrations". Minorities at Risk Project (2005) Center for International Development and Conflict Management (University of Maryland, College Park) , visited on 29 November 2005
95. Emphasis added; OSCE, 'CSCE HCNM Report On Roma' (1993), taken from Minority Electronic Resources at , visited on 29 November 2005.
96. R. Guglielmo and T. Waters, 'Migrating Towards Minority Status: Shifting European Policy Towards Roma', 43:4 Journal of Common Market Studies pp. 763-786.
97. See 1999 Accession Partnerships at , visited on 27 November 2005.
98. See archive of Regular Reports at , visited on 27 November 2005.
99. Bosnia's consociational approach as detailed in the Dayton Accords; Kosovo's partition from Yugoslavia after NATO's 1999 bombing campaign; Macedonia's multiculturalism policy as evidenced by the EU's support for a multi-lingual university including the use of Albanian and Macedonian languages, in addition to territorial changes mandated in the 2001 Ohrid Framework Agreement; and federalism in Moldova as evidenced by the EU's support for the OSCE-Russia-Ukraine federalization plan presented in July 2002
100. A. Eide 'Ethnic conflicts and minority protection: Roles for the international community' in Rupesinghe and Tishkov (ed.), Ethnicity and power in the contemporary world (United Nations University Press, New York, 1996) p. 182.
101. Ibid., p. 183.
102. Also the CSCE Copenhagen Document (1990), Council of Europe Parliamentary Assembly Recommendation 1201 (1993) and the UN Declaration of Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992).
103. K. Gal, 'The Council of Europe Framework Convention for the Protection of National Minorities and its Impact on Central and Eastern Europe', Journal on Ethnopolitics and Minority Issues in Europe (Winter, 2000) p. 7.
104. For an in-depth cross-national comparison of constitutions in Eastern Europe, see S. Deets, 'Nationalism and Constitutionalism in Eastern Europe', in Crisen, supra note 39.
105. Zakon Respubliki Moldova o Pravakh Lits, Prinadlezhashchikh k Natsional'nym Men'shinstvam, i Pravovom Statuse ix Organizatsii N 382-XV107/819 04.09.2001.
106. V. Fesenko, 'Perspectives on a Liberal-Pluralist Approach' in Kymlicka, supra note 32, p. 283-285.