Minorities Minority Rights And Internal Self Determination

The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

The scope of arrangements which provide for some degree of "autonomy" is almost unlimited, as are the norms and means which have been adopted to protect minority rights. Documents on Autonomy and Minority Rights offer examples of some of the unique structures which have been developed to respond to geographic, political, ethnic, linguistic, and other differences under a single sovereignty. They present a broad spectrum of domestic constitutional provisions, statutes, and political agreements, as well as a comprehensive collection of relevant international instruments. The first section includes documents adopted on a global or regional basis to set standards for the protection of minority rights and the rights of indigenous peoples. The second section includes a wide range of national documents related to minority rights and/or autonomy. The last section contains historical documents. The author has written a brief introduction to each document to give the reader unfamiliar with the situation to which a document pertains enough information to consider its context. No single text can be used as a model of autonomy, for every situation is unique. At the same time, however, greater knowledge of a broad range of successful and unsuccessful arrangements may inspire new ideas with which to address conflicts which have claimed tens of thousands of lives in recent years. At the very least, the ingenuity evidenced in some of the documents should encourage experimentation and underscore the need of going beyond the mere recitation of definitions of federalism, consociation, devolution, or other constitutional models. The great variety of institutional arrangements, the detailed provisions developed to resolve particularly difficult local problems, and the flexibility in addressing issues such as revenue-sharing or participation in international organizations, demonstrate that neither "sovereignty" nor "self-determination" need stand in the way of innovative solutions.

This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States’ refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

The Western Sahara Case

This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.

The revival of group consciousness in Eastern European countries in the wake of the Cold War has put the protection of subnational groups high on the political agenda. The present book bears witness to the renewed interest in the legal position of subnational groups in international law. This book and the Conference, at which provisional versions of most of the contributions were presented, originate in perceived deficiencies of contemporary international law to protect subnational groups within a legal framework of which the principal subjects are states. Divided into three parts, the book commences with an analysis of the antagonistic relation between the right of peoples to self-determination and the right of states to territorial integrity, and the need to redefine these concepts in the post-Cold War era. The book continues with the highly controversial issue of the attribution of rights to subnational groups and the identification of subnational groups which would be entitled to such rights. The second part deals with the identification and protection of peoples and minorities at different levels of organization, viz. subnational, national and supranational. This part is followed by an analysis of the modes and means by which international obligations vis-à-vis subnational groups can be enforced. Not only the judicial means are considered, but also the justifiability of recourse to military means to the cause of subnational groups. This book not only provides an in-depth analysis of contemporary international law with respect to the protection of peoples and minorities, but also of the law as it is developing in the post-Cold War era.

This publication is the first version of the World Directory of Minorities and Indigenous Peoples, published in 1997. The full Directory is now available and continually updated on our website. The large majority of violent conflicts in the world today are conflicts within states, with groups polarized across ethnic and religious divides and not across borders. Ethnic, religious and linguistic minorities are often among the poorest of the poor, suffer discrimination and are frequently the victims of human rights abuses. Time and time again in the past, the United Nations system, governments and even non-governmental organizations (NGOs) working in the field of ‘conflict prevention’ have failed to promote the human rights of minorities or to take early action to promote cooperation between communities. Early action may have prevented the loss of millions of lives in many countries, ranging from Rwanda to the former Yugoslavia, and from Sri Lanka to Guatemala. It is also significant that the Nobel Peace Prize was awarded to the Dalai Lama in 1989 and to Jose´ Ramos-Horta and Bishop Carlos Belo in1996 as a result of their peaceful campaigns to promote the rights of their people. The situation of minorities is, then, a matter of major concern, and it is essential that accurate, objective and up-to-date information is made available. This Directory contributes to that process. It is difficult to assess accurately what proportion of the world’s population identify themselves as belonging to minority communities. Conservative estimates place this above 10 per cent, and some suggest that more than 20 per cent of the world’s population belongs to several thousand different minority groups and subgroups. National statistics are often skewed for political reasons, and there is no universally accepted definition of ‘minorities’. The word has different interpretations in different societies throughout the world, while the United Nations General Assembly has not sought to reach a definition beyond that implied in the title of the UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities adopted in December 1992. Minority Rights Group focuses its work on non-dominant ethnic, religious and linguistic communities, whether or not they are numerical minorities. The concept thus relates to any self-identified community that is marginalized, without power, unable to take decisions over its destiny and often experiencing high levels of illiteracy, under-education and overt or covert discrimination. The basic rights of such communities need protection and promotion. There is, however, a danger of generalizing about minorities and forgetting the complexity of their social composition, including the rural poor, urban migrants, older people, women and children. These groups may be considered as doubly vulnerable. What makes their situation particularly problematic is that there is often a deliberate political policy on the part of majorities and states not to give due regard to the legitimate interests of minorities, while members of minorities see their identity as central to their social and economic situation. They are often excluded from political power and decision-making in the development process, without equal opportunities to secure a better quality of life. One further danger may lie in regarding ethnicities as fixed, rather than as the potentially fluid phenomena that they often are. ‘Situational ethnicity’ does occur, and individuals and groups do modify their self-identifications depending on circumstances. Please note that the terminology in the fields of minority rights and indigenous peoples’ rights has changed over time. MRG strives to reflect these changes as well as respect the right to self-identification on the part of minorities and indigenous peoples. At the same time, after over 50 years’ work, we know that our archive is of considerable interest to activists and researchers. Therefore, we make available as much of our back catalogue as possible, while being aware that the language used may not reflect current thinking on these issues.

This Guide outlines the procedures currently available for the promotion and protection of the rights of minorities within the human rights mechanisms of the United Nations. The Guide was prepared as a tool for training courses on minority rights. It has been piloted on two courses in Geneva and Budapest organized for representatives from minority communities and those working with minorities. One of the authors participated in both courses. The Guide will be used on future training courses for minorities and for government officials by Minority Rights Group International and the Raoul Wallenberg Institute for Human Rights and Humanitarian Law. In addition to its role as course material, the guide also provides a work of reference which will be of interest to all those concerned about minority rights.

In this book Linzhu Wang offers an insightful analysis of the rights of China's minorities from the perspective of self-determination.