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European Yearbook of Minority Issues

European Yearbook of Minority Issues, Volume 2 2002/2003 The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe. Part I contains scholarly articles and, in 2002/3, features two special focus sections ('Belgium', 'New Minorities'), accompanied by a miscellaneous articles section. Part II reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a list of international norms. Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook will be an indispensable reference tool for libraries, research institutes as well as governments and international organisations. The European Yearbook is edited in collaboration with the Minorities and Regional Autonomies Department of the European Academy Bozen/Bolzano. Volume 3 will appear in early 2005. General Editors Arie Bloed, Rainer Hofmann, Joseph Marko, James Mayall, John Packer, Hanna Suchocka, Marc Weller Managing Editors Volume 2 Alexander H. E Morawa, Emma Lantschner Editorial Team Marita Lampe, Gabriel N. Toggenburg

Table of Contents 2002/3

Foreword PART I: ARTICLES I. General Articles Section Stefan Troebst, The Transnistrian Moldovan Republic: From Conflict-Driven StateBuilding to State-Driven Nation-Building Gottfried Hanne, The Role and Activities of the OSCE Mission in Moldova in the Process of Transdnistrian Conflict Resolution Timm Beichelt, Minorities in New Democracies A Source of Destabilization? Martin Kovats, Roma Politics and Policy in Hungary 1999-2003 Robert Dunbar, Language Legislation and Language Rights in the United Kingdom Dietrich Jung, Minorities as a Threat: A Historical Reconstruction of State-Minority Relations in Turkey Christopher Brewin, Changing Concepts of Interest and the Annan Plan for Cyprus Annelies Verstichel, Elaborating A Catalogue of Best Practices of Effective Participation of National Minorities: Review of the Opinions of The Advisory Committee Regarding Article 15 of the Council of Europe Framework Convention for the Protection of National Minorities Valery Perry, Reversing Ethnic and Cultural Cleansing: The Role of Annex 8 in Reclaiming History, Promoting Reconciliation, and Developing a Unique Multiethnic Identity in Bosnia and Herzegovina Eben Friedman, Party System, Electoral Systems, and Minority Representation in the Republic Of Macedonia from 1990-2002 Eduardo J. Ruiz Vieytez and Markko Kallonen, Territorial Autonomy and European National Minorities: South Tyrol, Basque Country and land Islands Vadim Poleshchuk and Boris Tsilevich The Baltic States before EU Accession: Recent Developments in Minority Protection II. Special Focus: Belgium

Dirk Jacobs, Pacifying National Majorities in the Brussels Capital Region: What About the Immigrant Minority Groups? Wilfried Swenden, Personality vs. Territoriality: Belgium and the Framework Convention for the Protection of National Minorities Simona Granata-Menghini, The Application of the Framework Convention in Belgium. The Opinion of the European Commission for Democracy through Law III. Special Focus: New Minorities

Asbjrn Eide, The Rights of Old versus New Minorities Roberta Medda-Windischer, Legal Indicators for Social Inclusion of New Minorities Generated by Immigration



International Developments

Rainer Hofmann, Review of the Monitoring Process of the Council of Europe Framework Convention for the Protection of National Minorities Antonio Bultrini, Developments in the Field of the European Charter for Regional or Minority Languages Roberta Medda-Windischer, The Jurisprudence of the European Court of Human Rights Christos Giakoumopoulos and Alvaro Garcia Ormaechea, The Protection of Minorities in the Activities of the Commissioner for Human Rights of the Council of Europe Matthew Draper, The Activities of the OSCE High Commissioner on National Minorities. June 2002-June 2003 Rianne Letschert, Review of the 8th Session of the UN Working Group on Minorities Hannah McGlue, The Jurisprudence of the United Nations Human Rights Committee and Other Treaty Monitoring Bodies Alexander H. E. Morawa, The Jurisprudence of the American and African Regional Human Rights Bodies

Emma Lantschner, Protection of National Minorities through Bilateral Agreements


National Developments

Antonija Petriui, Constitutional Law on the Rights of National Minorities in the Republic of Croatia Vojislav Stanovcic, Legal Status and Minority Rights in Serbia and Montenegro Krassimir Kanev, The New Bulgarian Religious Law Restrictive and Discriminatory Frank Selbmann, The Drafting of a Law against Discrimination on the Grounds of Racial or Ethnic Origin in Germany Constraints in Constitutional and European Community Law Jonas Nilsson, The Ombudsperson Institution in Kosovo and the Protection of Minorities Alessia Sonaglioni, The War in Chechnya and Actions taken by the Council of Europe

Appendix List of International Norms