Anda di halaman 1dari 8

E.

MA 2014/2015
Cluster Essay

Cluster 2
Week 2
Question: What is the so-called minority problem and how does it affect the management
of ethno-national diversity nationally and internationally?

Student exam number 16


HUMAN RIGHTS VILLAGE
Monastery of San Nicol | Riviera San Nicol 26 30126 Venezia Lido (Italy)
Tel: +39 041 2720911 | Fax: +39 041 2720914 | Email: info@eiuc.org | Web site:
www.eiuc.org

16

Introduction
This essay will endeavor to define and illustrate what the minority problem is. Besides this it
will show how this problem has affected the management of ethno-national diversity
nationally and internationally.
Before I can explain the origin of this so called minority problem I will define what a
minority is. A minority according to the Unite Nations office of the high commissioner of
human rights isbased on national or ethnic, cultural, religious and linguistic identity1. The
statute besides acknowledging their existence calls for states to protect them as well. Another
important detail by the office of the high commissioner of human rights is that It is often
stressed that the existence of a minority is a question of fact and that any definition must
include both objective factors (such as the existence of a shared ethnicity, language or
religion) and subjective factors (including that individuals must identify themselves as
members of a minority)2.
A minority can also be described as a group numerically inferior to the rest of the population
of a State, in a non-dominant position, whose members - being nationals of the State possess ethnic, religious or linguistic characteristics differing from those of the rest of the
population and show, if only implicitly, a sense of solidarity, directed towards preserving
their culture, traditions, religion or language3. The principle of self-identification was
adapted to help differentiate minorities and indigenous peoples 4. The difference is that the
minorities do not have a long ancestral or spiritual attachment to land like indigenous
peoples.5

1 United Nations Minorities Declaration1992 Article 1


http://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf
2 Minorities under international, who are minorities under international law
lawhttp://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx
3 1977 by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on
Prevention of Discrimination and Protection of Minorities
4 http://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf
5 ibidem

16

The next logical thing is to define what the problem is. A problem according to the oxford
dictionary refers to a difficulty that has to be resolves or dealt with, it can also be a question
to be answered, or a puzzling circumstance. The minority problem comes up with a focus on
ethnic minorities being problematic and having a destabilising effect on a society6. A
minority problem therefore is a social conflict between at least two parties [ethnic groups,
one of which is in a non-dominant minority situation] that have mutually incompatible
interests, goals, objectives or aim to pursue their interests in a mutually exclusive way7.
Europe has always had divisions like any normal continent on the basis of language, culture
or religion according to Globe. As time periods changed in Europe the first minority
categories were created on basis of religion during the 7th and 8 th centuries which were
religious phases8. The groups that went against the religious sovereign would then become a
minority9. Minorities were also created after the Westphalia treaty of 1648 where borders
were drawn in Europe10. Several events occurred in the history of Europe, as people and
political differences between groups changed minorities also were created11.
Whenever a minority group was created in the past thanks to several political, cultural and
religious factors, the people were expected to convert and melt into the society they were
now a part of12. This became a disturbing issue because states have always been afraid and
trying to preserve themselves. This is something normal however there is a great need for
diversity management, a method of allowing majority to coexist with the minorities. An
example of minorities can be considered in the case of Poland which did not recognise its
German minority until 1989.

6 Petra Roter locating the minority problem in Europe a history perspective, p.221 journal on
international relations and development
7 Mitchell 1981; Krisberg 2982, p 222 Petra Roter ibidem
8Ibidem p.224
9 ibidem
10 Ibidem
11 Ibidem p.227
12 Ibidem p.228

16

The problem in my perception arises when the minorities are trying to preserve their
language, culture and religion in the absence of their kin state 13. This provokes the selfpreservation nerve in the dominant majority to put up barriers that in the end strip them of
their core attributes in an attempt to get them to blend in.
The above conflicts are termed as asocial conflicts which may escalate into violence and
they are not bad according to Petra Roter. This brings me to an important point to note that
the minorities may not be the root cause; one must consider the contribution of the state in
provoking the minorities to react. For instance in cases of ethno nationalism, a group may be
inspired to up rise in the name of preserving their beliefs, cultures and political ideas.
Minority problem effects on the management of ethno-national diversity nationally
and internationally?
In history after the First World War and cold war the Central and Eastern Europe played a
major role in the generation of important international norms on Diversity management
although not by its own choice14 this was because minority issues were considered to be
more problematic and explosive, in central and eastern Europe CEE15. Besides this they
posed a threat to the peace and stability of the newly founded international system after some
fundamental systematic changes16. Diversity management became a prerequisite for states to
become members of the European Union at the Copenhagen criteria by the European
council.
The contemporary international regime for protection of national minorities;17 as an
effect of the problem was established by the Council of Europe in the Framework

13 ibidem
14 Ibidem p. 187
15 Ibidem Roter
16 Roter
17
http://www.coe.int/t/dghl/monitoring/minorities/6_Resources/PDF_FCNM_15th_Anniv_PRoter_en.
pdf Roter

16

Convention for Protection of national minorities18. This document however is referred to


as pragmatic by the OHCR19 which I completely agree with due to the obvious presence of
state obligations and absence of minority rights in the convention. It is important to note that
in the legal world a crime or offence must be clearly defined by law and this will ensure that
the law is enforced. However the framework lacks a definition of the minority problem.
The positive on the other hand is that states are instructed on how to handle the minority
population within their territory thanks to these international norms. The conventions
objectives or international legislation must then be realized on the national level by adopting
national laws and policies20. Article 22 mentions that protecting the minorities is a crucial
part of protection of human rights, states therefore cannot relinquish this duty at all. One
must also consider the 1992 UN Declaration on the Rights of Persons Belonging to
Minorities, which applies both to national and to ethnic, religious and linguistic
minorities. This is a simple illustration of how the minority problem compelled the
international scene to establish protection mechanism for the minorities in Europe. The
foundation is set in the frame work convention which then trickles into the national
legislation.
Besides a convention the Council of Europe put in place a monitoring committee21 the
committee reviews reports by the signatory states to the convention and it consists of the
advisory committee and the committee of ministers of the council of Europe. NonGovernmental organisations also take part in the process of monitoring.
States are forced to tolerate the presence of the diverse ethnic groups in their territory under
Article 6, this tolerance clause is aimed at promoting peace and stability within a state. This

18 http://www.ohchr.org/Documents/Publications/GuideMinorities8en.pdf
19 ibidem
20 ibidem
21 Article 24-26 Framework Convention

16

is a negative for states especially since it goes against state sovereignty and state selfpreservation22.
As a result of the minority problem Ethno nationalism may arise which refers to a
particular strain of nationalism that is marked by the desire of an ethnic community to have
absolute authority over its own political, economic and social affairs 23 it also denotes to the
pursuit of statehood on the part of an ethnic nation24.
Also on the negative scale one must consider the double standards arising in the European
Union as there is a great need for socializing and to go beyond the strict monitoring
according to Petra25. Besides this Petra points out how the incomplete acceptance of
international norms is what is described as incomplete socialization.
In conclusion the Minority problem can be clearly understood from the definition of key
components that is the minority and problem. Besides this the essay above shows the origin
of this problem with a simple timeline as well as how diversity management was adopted.
The concept of contemporary international norms that protect national minorities is also
discussed. Lastly an analysis of both positive and negative implications of the minority
problem on the national and international diversity management.

22 supra
23 http://imej.wfu.edu/articles/1999/1/02/demo/Glossary/glossaryhtml/ethnonationalism.html
24 ibidem
25 Petra Roter p.2
http://www.coe.int/t/dghl/monitoring/minorities/6_Resources/PDF_FCNM_15th_Anniv_PRoter_en.
pdf

16

BIBLIOGRAPHY
Books
Zlatko Sabic, Petr Drulk , Regional international relations of Central Europe
Palgrave Macmillan, Oct 16, 2012.
Journals
Petra Roter, Locating the minority problem in Europe: A historical perspective, Journal
on International Relations and Development, 4[September 2001]3
Statutes
The Council Of Europes Framework Convention for the protection of national
minorities 1994/1998
United Nations Minorities Declaration1992
Websites
Minority Rights Protection in the Western Balkans by Petra Roter Strasbourg 25th
November 2013.
http://www.coe.int/t/dghl/monitoring/minorities/6_Resources/PDF_FCNM_15th_Anniv
_PRoter_en.pdf
17th December 2014
Ethnic Minorities in Europe by Stephan Wolffhttp://www.stefanwolff.com/files/mineu.pdf 17th December 2014

16

Minorities in International Law


http://www.ohchr.org/Documents/Publications/MinorityRights_en.pdf 17th December
2014
Pamphlet No 8 go.microsoft.com/fwlink/?LinkID=219472&clcid=0x409 17th December
2014

Anda mungkin juga menyukai