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11. Renewed Non-discrimination and Equality Promises for National Minorities in Europe

Author:
Liefke Dolmans and Elisabeth Kühn
Publication Date:
11-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
One of the founding principles of the European Union is the recognition that every individual is of equal value. On top of this, the 2000 Race Directive reaffirms the principle of equal treatment between persons irrespective of racial or ethnic origin. Discrimination and inequality are nevertheless still major problems for vulnerable ethnic and national minorities in Europe, as the results of the most recent EU MIDI-survey describes. Bearing in mind the principle of equality, it is not surprising that two new equality concepts arrived at the Council of Europe and EU level in the last years: 'The new commitment to equality and non-discrimination' and 'full and effective equality.' In a communication Note from July 2008, the European Commission expressed its desire for this 'renewed commitment to non-discrimination and equal opportunity,' which proposes a shift from formal equality to a more substantive equality approach. In this paper, we will consider whether this statement is an exemplary expression of an assumed development in the EU, namely that of broadening and strengthening equality and non-discrimination legislation and, furthermore, whether a possible development from formal to substantive equality is also effectively taking place. We analysed whether this trend is only visible in the European Commission or also present within other players in the non-discrimination and equality field. We then sought to understand whether this trend is visible in theory as well as practice. This paper furthermore analyzes whether this trend enlarges the protection scope against discrimination for national minorities, or if this equality manifestation truly supports national minorities to be recognized as equals with the majority.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

12. Education in Member State Submissions under the EU Framework for National Roma Integration Strategies

Author:
Eben Friedman
Publication Date:
12-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The European Union's (EU) strategy for recovery from the economic crisis that began at the end of the first decade of the 2000s is organized around three priorities: smart growth, sustainable growth, and inclusive growth (European Commission 2010: 9). While the three types of growth are presented as mutually reinforcing, explicit attention to minorities in general and to Roma in particular comes only under the heading of inclusive growth, defined as "empowering people through high levels of employment, investing in skills, fighting poverty and modernising labour markets, training and social protection systems so as to help people anticipate and manage change, and build a cohesive society" (European Commission 2010: 17). As part of the "European Platform against Poverty" planned in the area of inclusive growth, the European Commission (EC) calls on Member States "[t]o define and implement measures addressing the specific circumstances of groups at particular risk (such as one-parentamilies, elderly women, minorities, Roma, people with a disability and the homeless" as a means of "rais[ing] awareness and recognis[ing] the fundamental rights of people experiencing poverty and social exclusion, enabling them to live in dignity and take an active part in society" (European Commission 2010: 19).
Topic:
Economics, Education, Human Rights, Governance, and Minorities
Political Geography:
Europe

13. National Minorities and the Media Situation in Georgia

Author:
Tobias Akerlund
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
In recent years Georgia has seen positive developments on the policy level as well as on the ground concerning media. The Law on Broadcasting already obliged the Georgian Public Broadcaster to highlight the concerns and issues of relevance to minorities, in addition to airing programs in minority languages. To improve the situation for minorities in Georgia, The National Concept for Tolerance and Civil Integration was adopted in 2009 and contains provisions to remedy deficiencies with regard to media. Despite these positive developments, however, access to information remains an impediment to integration into wider society as Georgia‟s minority communities are largely distanced from mainstream media due to a lack of quality information in the languages they understand.
Topic:
Non-Governmental Organization, Mass Media, and Minorities
Political Geography:
Europe and Georgia

14. Chinese in Georgia

Author:
Jiayi Zhou
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
In the two decades after independence, Georgia's open economy and lax immigration policies have engendered, for the first time, immigration from far outside of the region. On the streets of Tbilisi, the most conspicuous of these migrants are from India, China, and the countries of Africa. Of those from India, a substantial number are students of medicine, or enrolled in other professional courses. Africans in Georgia are mostly driven by work opportunity with a few students in higher education institutions. Chinese immigrants, on the other hand, are almost entirely driven by economic opportunities. A modern Chinese presence in Georgia began in the 1990s with the beginning of Chinese state-owned investment ventures in the region, as well as a burgeoning restaurant scene. In 2000s, this expanded to encompass a trickle and then an influx of Chinese migrant shop owners and market vendors. The third wave of migration occurred in 2010 as a result of contract construction workers. As of today, there are around 1,000 Chinese now divided into five groups: specialists, businessmen, shopkeepers, contract workers, and those in the restaurant and catering sector. This paper will focus on the history of Chinese migrants in Georgia, driving causes, their level of integration (or lack thereof), vulnerabilities, and their status in Georgian society. It will also cover increasingly large-scale economic ventures in the country, the status of Chinese as a foreign language in Georgia, and the role of the PRC Embassy in the Chinese community.
Topic:
Economics, Migration, Immigration, and Minorities
Political Geography:
Africa, China, Europe, Asia, and Georgia

15. National minority groups in post-Lisbon Europe: the presence of Europeanisation and transnational human rights in one policy field

Author:
Tamara Jovanovic
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
This working paper explores the role of some recent components under the European Union legal and political aegis and its coexistence with the CoE, here approached as a potential advancement of the protection, promotion and preservation of national minority groups in European Union member states. Although the European Union has been slow in the development of clear competences on minority rights, several considerations pertinent to national minorities can be depicted across the European Union frameworks. The European Union treaty is committed to the safe guard of human rights and the respect for minorities in its 'values article' which are applicable under Community Action. This basis is further accompanied by other policy functions which stimulate action on the promotion and preservation of minority identities, in particular in the fields of language and culture. Such policies are prescribed in different degrees of European Union competences and modes of implementation, ranging between formal legal effects and informal political consequences, generating varied forms of Europeanization. At the same time, nearly all European Union member states are bound by additional transnational regulations on human and minority rights, such as those developed by the Council of Europe. This level of transnational human rights is gradually also becoming embodied into European Union structures, while already embodied by most European states' constitutions. By taking account of some developments under each process, their interaction, but also coexistence, this paper aims to identify how Europeanization and transnational forces can help to construct and sustain a policy field, namely a national minority policy.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

16. Islam and Religious Transformation in Adjara

Author:
Thomas Liles
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
While Adjara's Islamic identity has been in decline, the Georgian Orthodox Church (GOC) has increased its presence in Adjara's capital Batumi and western lowlands since the 1990s. Today Islam retains a strong presence primarily in the republic's eastern highlands (upper Adjara), specifically in the Khulo district and to a lesser extent in the more rural areas of the Shuakhevi and Keda districts. With financial support from the state, the GOC maintains a growing presence in upper Adjara, and conversions to Christianity in the area are becoming more common. Simultaneously, certain segments of the region's Muslim population express dissatisfaction with perceived state discrimination, mainly resulting from the lack of state funding for local Islamic institutions and the difficulties of legally registering such institutions. With the creation of the new Administration of Georgian Muslims (AGM) in May 2011 and the passage of a new law on the registration of minority religious groups in July 2011, this discontent may well subside. However, it is still too early to tell whether these laws will have a significant effect in upper Adjara.
Topic:
Islam, Religion, and Minorities
Political Geography:
Europe and Georgia

17. Georgia's Muslim Community: A Self-Fulfilling Prophecy?

Author:
Conor Prasad
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
In early May 2011, an Administration of Georgian Muslims (AGM) was established. Although founded with government help and by government officials, it is officially a non-governmental organisation (NGO) whose aim is to manage and address problems and issues affecting Georgia's diverse Muslim population. The new administration replaces the semi-independent, Baku-based Caucasus Board of Muslims (CBM) which until recently was the governing body for Georgia's Muslims.
Topic:
Islam, Governance, and Minorities
Political Geography:
Europe and Georgia

18. Issues of Minority Rights in the Ethiopian Federation

Author:
Haileyesus Taye Chekole
Publication Date:
04-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Ethiopia is an ancient country with a rich diversity of peoples and cultures. Paleontological studies identify Ethiopia as one of the cradles of humankind. ―Dinknesh or ―Lucy, one of the earliest and most complete hominoids discovered through archaeological excavations, dates back to 3.5 million years (Milkias, 2010). Ethiopia‟s geographical and historical factors have had a great influence on the distribution of its peoples and languages. Ethiopia embraces a complex variety of nations, nationalities and peoples, and linguistic groups. Altogether, its peoples speak more than 80 different languages, comprising 12 Semitic, 22 Cushitic, 18 Omotic and 18 Nilo-Saharan languages (Central Statistic Report, 2007). This makes Ethiopia a mosaic of languages and culture. The country has always maintained its independence, even during the colonial era in Africa. Ethiopia‟s membership in multilateral governmental organizations started as a member of the defunct League of Nations. Ethiopia was one of the founding members of the United Nations and has been playing an active role in African affairs. It specifically played a pioneering role in the formation of the Organization of African Unity (OAU). In fact, the capital city, Addis Ababa, has been a seat for the OAU since its establishment and continues serving as the seat for the African Union (AU) today.
Topic:
Human Rights, International Law, and Minorities
Political Geography:
Africa, United Nations, and Ethiopia

19. European Minority Rights Law: Unilateral Legislation in Favour of Kin-Minorities

Author:
Tove H. Malloy
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The international approach to unilateral legislation with extraterritorial reach is quite clear. General principles of customary international law entrust the state where national minorities reside with the task of securing the rights of all persons within its jurisdiction. Preferential treatment of national minorities by their kin-state is considered the exception unless it is established through bilateral treaties, or as a minimum agreed among the parties involved. The League of Nations system was the first European multilateral attempt to provide protection for minorities outside the mother state through bilateral treaties. After the collapse of the League of Nations system and the transfer of international protection of minorities to the United Nations system, bilateralism was not specifically promoted but nonetheless carried over as the main approach to kin-minority protection. This approach came under pressure after 1989 and the collapse of Communism when a number of countries adopted unilateral laws on kin-state minorities and compatriots living abroad. The bilateral approach received renewed attention, therefore, as part of the multilateral approach promoted by the international community after 1989.
Topic:
Human Rights, International Law, Governance, Sanctions, and Minorities
Political Geography:
Europe and United Nations

20. Policy-to-Outcome Indicators and the European Charter for Regional or Minority Languages

Author:
Federica Prina
Publication Date:
09-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
Indicators to measure the performance of international human rights treaties are increasingly a requirement in the assessment of the impact of legal standards. In the case of national minority standards, the Council of Europe's Secretariat of the Framework Convention for the Protection of National Minorities (FCNM) began its work on indicators in 2008. A study to theorize and conceptualize political indicators describing the performance of the FCNM was produced in the areas of legal and political adaptation of provisions in the states parties to the instrument. The study concluded that further efforts should be made to encompass performance indicators assessing the direct impact of the FCNM on the lives of persons belonging to national minorities. Meanwhile, there has been no parallel process by the Council of Europe to compile indicators of impact for its other legally binding instrument that is of special relevance to national minorities: the European Charter for Regional or Minority Languages (the Charter). This paper provides a preliminary conceptual framework for the development of indicators to measure the impact of the Charter in the states parties to the instrument, using a policy-to-outcome approach.
Topic:
International Law, Governance, and Minorities
Political Geography:
Europe