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1. Conceptual Disputes over the Notions of Nation and National Minority in the Western Balkan Countries

Author:
Ljubica Djordjevic
Publication Date:
04-2021
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
The paper analyses the texts of the constitutions of Bosnia and Herzegovina, Montenegro, North Macedonia, and Serbia as a basis for exploring how these states deal with the (ethnic) diversity and balance between civic and ethnic concepts of nation. The four countries offer an interesting spectrum of different approaches, caused by different social contexts: the main feature of the approach in Bosnia and Herzegovina is the category of “constituent peoples”; Montenegro has opted for a civic concept; North Macedonia tries to balance between multiculturalism and a binational state; and Serbia juggles the concept of the nation-state combined with comprehensive protection for national minorities. The analysis shows that the constitutions struggle to various degrees with the balance between the civic (political) concept of a (supra-ethnic) nation and the ethnic (cultural) concept of nation(s), and, in essence, fail to contribute to interethnic interaction and wider social cohesion. Although it is clear that the recognition of specific group identities and accommodation of (minority) rights is essential for pursuing peace, stability, diversity and genuine equality in each of the four analysed countries, it is also evident that imbalance favouring the ethnic concept of nation and failure to establish stronger institutional links of common citizenship, inevitably leads to parallel (one could even argue “segregated”) societies where different groups simply live next to each other but do not genuinely interact, which is detrimental to social cohesion and social stability and prosperity in the long run.
Topic:
Nationalism, Minorities, Ethnicity, Community, and Identity
Political Geography:
Europe and Balkans

2. The FCNM at 20: Is There Indeed a Crisis?

Author:
Ljubica Djordjevic
Publication Date:
12-2018
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
The occasion of the 20th anniversary of the entry into force of the Framework Convention for the Protection of National Minorities (FCNM) has called for recapitulation of its effects and provoked debates about the current state of affairs in the European system of minority protection. The general tune of the comments/observations is rather cloudy: although the significance of the FCNM has been acknowledged, it has been often remarked that the system is in a crisis and stuck in a dead-end. It has been argued that states are more reluctant to the concept of a multicultural society and to the minority protection, that bilateral relations increasingly affect the position of respective minorities and, consequently, multilateralism has ceased to be the dominant method to solve issues in minority protection. The monitoring system has also been subjected to criticism, suggesting it is inefficient and unable to enforce the principles set out in the FCNM. The purpose of this Issue Brief is to outline some basic tendencies in the dynamics of the FCNM in the past 20 years, with the aim to explore whether the FCNM is indeed in crisis, as it has often been argued. The first part shows the quantitative dynamics of the FCNM: the timeline of the process of submitting instruments of signature and ratification, as well as reservations, declarations or communications. It also addresses the problem of the delays in the monitoring process that have been observed and rightly criticized. The second part focuses on the qualitative impact of the FCNM on the protection of national minorities in its states parties. Here, some general positive and negative trends have been pointed out, which the Advisory Committee has brought up in several of its Activity Reports. The Issue Brief is part of the ECMI larger research project seeking to assess the impacts of the FCNM and the effectiveness of the monitoring of its implementation. As such, the Issue Brief presents some central (though still preliminary) findings of the study that will be published in 2019.
Topic:
Treaties and Agreements, Multiculturalism, Minorities, Ethnicity, Identity, and Protected People
Political Geography:
Global Focus

3. Local Bodies for Interethnic Relations in the Western Balkan States

Author:
Ljubica Djordjevic
Publication Date:
11-2018
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
The paper examines local mechanisms for interethnic dialogue which have been established in Kosovo, Macedonia, and Serbia, with the main question concerning why they have remained ineffective for such a long period of time. The focus lies on local councils (Serbia), commissions (Macedonia), and committees (Kosovo) established in the respective laws on local self -governance, as specific institutional mechanisms for both participation of national minorities in municipal affairs and dialogue among communities residing in a municipality. In all three countries these bodies have been institutionally set as consultative bodies attached to a municipal assembly which deals with the issues relevant for national equality (Serbia), relations between communities (Macedonia) or respect for rights and interests of the communities (Kosovo). The main purpose of their activity is to address recommendations and opinions , primarily to the municipal assembly. They should serve as a channel for smaller communities to express their needs and interests, and as a forum for interethnic dialogue in a municipality. Yet, although legally established almost 15 years ago in Serbia and Macedonia (2002) and 10 years ago in Kosovo (2008), these bodies still remain more of a form than a content. Legal vagueness, lack of municipal support, inactivity, poor transparency and democratic legitimacy are just some of the weak points which cause their po or performance.
Topic:
Governance, Minorities, Ethnicity, Local, and Identity
Political Geography:
Europe and Balkans

4. Drafting Domestic Legislation Provisioning National Minority Rights : The Dos and Don’ts According to the Council of Europe

Author:
Ljubica Djordjevic and Tove H. Malloy
Publication Date:
12-2017
Content Type:
Research Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
This paper deals with the issues considered to be of most relevance when drafting domestic legislation on national minority rights. This covers both technical/procedural issues and substantive issues. Among the technical/procedural issues it is important to: make clear the structure of the legal framework (should one comprehensive law on national minority rights be adopted or not) and the hierarchical relations within the legal framework, to ensure inclusive enacting procedure, and to bear in mind the processes/dynamics after the adoption of the law. Substantive issues refer to some of the central, conceptual questions (such as definitions, the self-identification principle, the character of national minority rights and similar), but also to the very core of regulations set out in the law. In the case of the latter, the paper focuses on the principle of equality, language rights of national minorities, and minority participation in public affairs.
Topic:
Minorities, Ethnicity, Civil Rights, Domestic Policy, and Identity
Political Geography:
Europe