{"title":"The High Commissioner on National Minorities: Persona and Quiet Diplomacy","authors":"Stéphanie Cramer Marsal","doi":"10.53779/sdlp2233","DOIUrl":"https://doi.org/10.53779/sdlp2233","url":null,"abstract":"This main focus of this article is to elaborate on the personal dimension of the mandate of the OSCE High Commissioner on National Minorities. Using interviews with the HCNMs, other interlocutors and studies on HCNM’s conflict prevention practice, the article profiles the individual and professional backgrounds of the six past and present HCNMs: Max van der Stoel, Rolf Ekéus, Knut Vollebaek, Astrid Thors, Lamberto Zannier and Kairat Abdrakhmanov. It looks at some of the common and distinct elements of the HCNMs’ experience in a so-called mutual accommodation between the post and the post-holder’s personality and background over the last three decades of existence of the institution (1993-2023). How one takes ownership of the mandate and the persona created? How does one operates including through the quiet diplomacy approach? The paper finds that the political clout and the profile of the post-holder matter in upholding a strategic approach to conflict prevention that captures the critical connections between the security and human dimensions of conflict prevention. At the same time, it acknowledges that the evolving political and security environment demands adaptations and that there are there are limits to what one person may achieve without a cooperative and supportive environment. A key challenge remains, however, regarding making use of existing possibilities for the HCNM to engage and relatedly, the willingness or capacity of the post-holder to take calculated risks in order to focus on the HCNM core mandate of conflict prevention.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"1 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139147917","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The OSCE High Commissioner on National Minorities: A Changemaker on the Ground","authors":"Stefan Wolff","doi":"10.53779/sdg1667","DOIUrl":"https://doi.org/10.53779/sdg1667","url":null,"abstract":"Established in 1992, the High Commissioner on National Minorities of the Organization for Co-operation and Security in Europe has made significant contributions to conflict prevention and management in multi-ethnic societies. In this article, I trace how, over the three decades of its existence, the institution has adopted the notion of “integration with respect for diversity” as the guiding principle of its work. I demonstrate that successive High Commissioners have relied on three main tools in their efforts – mediation and facilitation, advising on legislation and policy making, and capacity building – and illustrate this approach with examples from across the OSCE area before providing two detailed case studies of how the institution has supported Kyrgyzstan and Moldova in the development of their respective national integration strategies. I conclude that the sustainability of positive change that follows from the engagement of the High Commissioner depends significantly on the institution’s ability to build local capacity to manage the process of integration with respect for diversity in the long term and with a wide range of national and international governmental and non-governmental stakeholders.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"4 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139148235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The OSCE High Commissioner on National Minorities as Norm-setter? Relations Between the Commissioner’s Recommendations and the Evolving Interpretation of the Framework Convention for the Protection of National Minorities","authors":"E. Lantschner","doi":"10.53779/qlqh1945","DOIUrl":"https://doi.org/10.53779/qlqh1945","url":null,"abstract":"This article examines the norm-setting role of the OSCE High Commissioner on National Minorities (HCNM), particularly in relation to the evolving interpretation of the Framework Convention for the Protection of National Minorities (FCNM). It explores the interaction between the HCNM’s various sets of Recommendations and the work of the Advisory Committee on the FCNM (ACFC). The article argues that while the HCNM’s intention when starting the practice of endorsing or drafting thematic recommendations was not focused on norm-setting, its Recommendations have gradually contributed to particularizing international obligations concerning minority rights, especially in areas where the FCNM is less specific. The article highlights the importance of the HCNM and the ACFC in promoting an inclusive approach to minority rights, moving from a protectionist stance to the holistic management of diverse societies. It concludes by identifying factors that contribute to the HCNM's successful norm-setting, such as consultation, englcollaboration and a bold and creative, yet legally grounded, approach to recommendations.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139142234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Introduction to the Special Issue ‘The OSCE High Commissioner on National Minorities: Three Levels of Work over Thirty Years’","authors":"Vello Pettai","doi":"10.53779/dgnm2988","DOIUrl":"https://doi.org/10.53779/dgnm2988","url":null,"abstract":"International institutions often operate in a range of concentric circles. The activities and pronouncements of their leaders generally grab the biggest headlines. Meanwhile, their staffs, offices, and departments work tirelessly behind the scenes, but they also project important ripples through work with broader communities, civil society, and the public. Lastly, the effort that these institutions put in over the long term might see instruments come into place that help to build international legal order for future generations. The three articles proposed in this special issue echo this model as it relates to one particular international institution, the High Commissioner on National Minorities (HCNM) at the Organization for the Security and Cooperation in Europe (OSCE).","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139142359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The HCNM Persona and Quiet Diplomacy Over the Last 30 Years: Interviews with the Successive High Commissioners","authors":"Stéphanie Cramer Marsal","doi":"10.53779/apul9974","DOIUrl":"https://doi.org/10.53779/apul9974","url":null,"abstract":"This contribution includes five interviews with the successive and current HCNMs, namely Rolf Ekéus, Knut Vollebaek, Astrid Thors, Lamberto Zannier, and Kairat Abdrakhmanov. These interviews were conducted by Stéphanie Cramer Marsal, Independent Consultant, through online platforms or by telephone between February and April 2023. The interview with the present High Commissioner was done in writing. These interviews are based on a set of questions exploring the triangular relations between the person/background, the mandate, and conflict prevention practice. They have undergone minimal editing so as to provide the reader with the HCNMs’ personal reflections and experience in their own words. These reflections have fed into the analysis presented in this volume under the title: “The High Commissioner on National Minorities: Persona and Quiet Diplomacy” by Stephanie Cramer Marsal.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":" 47","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139143283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Book review: Language Revitalisation and Social Transformation","authors":"Wes Lindinger","doi":"10.53779/kelk1463","DOIUrl":"https://doi.org/10.53779/kelk1463","url":null,"abstract":"The anthology Language Revitalisation and Social Transformation is from the Palgrave series on Language and Globalization. This volume, edited by Huw Lewis and Wilson McLeod, offers a comprehensive overview of the contemporary situation of regional and minority language (RML) revitalisation. It is separated into four thematic parts, each of which is comprised of three chapters, the third always being an editors’ summary. In the editors’ introduction, the volume is situated into the broader discourse of minority languages and language revitalisation. This involves stating that while the challenges faced by RMLs are global, this anthology focuses predominately on efforts in industrialised, Westernised contexts, with an Journal on Ethnopolitics and Minority Issues in Europe","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"470 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124386888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analysis of the Systems for Representation of Minorities in Public Administration","authors":"Natalija Shikova, Marina Andeva","doi":"10.53779/xpls2777","DOIUrl":"https://doi.org/10.53779/xpls2777","url":null,"abstract":"The paper analyses the implementation of the principle of equitable representation in North Macedonia. It examines existing consociational theory and the elements of consociationalism. It attempts to answer the question whether the theory supports the adequate representation of minorities in respect of the promotion and protection of their rights. The focus of the paper is on the instrument called “Balancer calculator” (балансер калкулатор) – an instrument used to set employment thresholds in the public administration in North Macedonia. This instrument strives towards the principles of equitable representation, set within the Constitution and the Ohrid Framework Agreement, additionally regulated by the relevant law and bylaws. In practice, this instrument is used to balance representation of the ethnic communities in public administration and to improve their position in general. The paper gives a critical approach to the implementation process since the tool is not adequately set or implemented. These come from its abuse as a purely calculative instrument, putting the numbers of the represented groups in first place, apart from the need of merit–based requirements; its inability to address the needs of smaller ethnic communities; and its ambiguity and irrelevance coming from the non-existent legal clarification of the communities’ identity markers. The paper does not offer options, but it opens discussion upon these questions whose answers may help towards the creation and establishment of more relevant policies for representation of minorities within public sector.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132974907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"National Minorities and Global Crises","authors":"Ruairidh Tarvet","doi":"10.53779/qkra1147","DOIUrl":"https://doi.org/10.53779/qkra1147","url":null,"abstract":"Since 2015, a series of high-impact global crises has sent shockwaves across Europe. From the so-called migrant crisis of 2015, through the Covid-19 pandemic and the war in Ukraine, national minorities have, like their majority counterparts, seen considerable changes to their lives and lifestyles as a result of measures taken by the national executives in their host countries. It is possible that significant changes to border control and the increased importance of nation-state action in times of crisis have affected the ways in which national minorities understand themselves vis-à-vis their host and kin-states. By reviewing recent media comments and academic research, this article hypothesises that these international crises have pushed national minorities away from local identities and towards more national and European discourses. As a commentary, this article encourages future exploration of this hypothesis in other minority communities across Europe.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114463374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Human Rights Action Plan and Turkey’s Non-Muslim Minorities","authors":"Utku Özer, B. Taşkın","doi":"10.53779/sbxx5423","DOIUrl":"https://doi.org/10.53779/sbxx5423","url":null,"abstract":"On March 2021, Turkey’s President announced a new Human Rights Action Plan (HRAP), supported by the Council of Europe, to reform the judiciary system and strengthen democratic participation. Although the rights claims of Kurds and Alevis have been prominent, HRAP mentions neither by name. Instead, it includes articles about improving the rights of religious minorities by fighting discrimination and hate, to advance pluralism, revising the Foundations Law regarding the establishment and election of boards of directors of non-Muslim community associations, and providing leave for religious holidays regardless of faith. Given the current distrust between non-Muslim groups and the Turkish state, this study analyzed the political attitudes of Turkey’s non-Muslim minorities to understand how they develop creative solutions to protect their rights. To do so, we interviewed Armenian deputies in Turkey’s parliament and prominent figures from the Greek-Orthodox, Armenian, and Jewish communities, and also reviewed the minority deputies’ parliamentary work in depth between 2015 and 2021. We found that HRAP was widely discussed by both minority and opposition parliamentary deputies. However, they did not strongly welcome any of its provisions because the government had previously ignored or delayed their demands. \u0000 ","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125951725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dithering Between Consultation and Consensus – Whereto with Advisory Bodies for Indigenous Peoples?","authors":"B. de Villiers","doi":"10.53779/hbka3992","DOIUrl":"https://doi.org/10.53779/hbka3992","url":null,"abstract":"The establishment of permanent, national consultative bodies for Indigenous Peoples is rare, but insight can be gained from comparative experiences such as the Sámi Parliament of Finland, previous advisory bodies for Aboriginal People in Australia, and more recently progress by the Khoisan in South Africa. Advisory bodies for Indigenous Peoples at the national level are often the victim of competing expectations. Governments tend to approach advisory bodies as fora for consultation on terms that are, in essence, dictated by government with the outcome being little more than non-binding recommendations, whilst Indigenous Peoples seek a form of co-government arrangement whereby there is some legal or policy requirement for their advice to be actively sought and sincerely considered, even if such advice is not legally binding. Four questions are the subject of this article: (1) how should an advisory body be composed; (2) what should be the policy or functional areas on which consultation must take place; (3) what is meant by an obligation to consult or to negotiate; and (4) can laws or policies be judicially challenged if there was a failure to consult, or if there is a failure to give effect to the advice received from the advisory body? The conclusion is reached that the enforceability of good faith negotiation or consultation obligations is principally found in the conduct and goodwill of governments, rather than by way of judicial review and oversight. Courts are unlikely to evaluate the substance of negotiations whereby the merit or reasonableness of proposals and counter-proposals become a matter for judicial consideration. Courts have, however, shown a greater willingness to consider procedural aspects of consultation such as the actions, behaviour, and conduct of the parties during the course of consultation, but with acknowledgment that at law good faith consultation does not necessarily imply a veto; it does not legally mandate an agreement; and it does not preclude a party standing firm in its position. It is noted that even in those cases where courts have enforced consultation obligations, actual consultation is usually directed at local projects that involve access to traditional lands, and not to general consultative rights or duties at a national level about national socio-economic policies.","PeriodicalId":407952,"journal":{"name":"Journal on Ethnopolitics and Minority Issues in Europe","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122582864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}