EUROPEAN EXPERIENCES IN ACCOMMODATING EUROPEAN EXPERIENCES IN ACCOMMODATING EHTNIC/NATIONAL DIFFERENCESEHTNIC/NATIONAL DIFFERENCES

Presentation by Gabriel Munuera ViPresentation by Gabriel Munuera ViñalsñalsPolitical Counsellor, EC Delegation to the PhilippinesPolitical Counsellor, EC Delegation to the Philippines

Conference on the “Right of Self-Determination of Peoples”Conference on the “Right of Self-Determination of Peoples”17-18 July 200717-18 July 2007

PRELIMINARY CLARIFICATIONSPRELIMINARY CLARIFICATIONS

No theoretical ambitionsNo theoretical ambitions Categories based on realities on the Categories based on realities on the groundground Presentation not exhaustivePresentation not exhaustive Use “ethnic/national” deliberateUse “ethnic/national” deliberate Focus on EU MS + Western BalkansFocus on EU MS + Western Balkans Only dealing with tested formulas Only dealing with tested formulas Personal capacityPersonal capacity

DEFINITIONSDEFINITIONS

Nation/NationalityNation/Nationality an ethnically, linguistically or otherwise an ethnically, linguistically or otherwise homogeneous group demanding political power over a territory considered their homogeneous group demanding political power over a territory considered their actual or ancestral land, with the ultimate aim among some or many of its actual or ancestral land, with the ultimate aim among some or many of its members of creating a Statemembers of creating a State

National MinorityNational Minority numerically smaller, non-dominant group numerically smaller, non-dominant group distinguished by shared ethnic, racial, religious or linguistic attributes linked to distinguished by shared ethnic, racial, religious or linguistic attributes linked to a larger mother nation to which some or many of its members feel they belong a larger mother nation to which some or many of its members feel they belong and which some or many would ultimately wish to rejoinand which some or many would ultimately wish to rejoin

Indigenous PeopleIndigenous People Peoples in independent countries who are regarded Peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited as indigenous on account of their descent from the populations which inhabited the country at the time of conquest or colonization or the establishment of the country at the time of conquest or colonization or the establishment of present State boundaries and who, irrespective of their legal status, retain some present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutionsor all of their own social, economic, cultural and political institutions

A MULTI-ETHNIC/NATIONAL EUROPE (I)A MULTI-ETHNIC/NATIONAL EUROPE (I)

““Nations/nationalities“Nations/nationalities“ [1][1] perceived as such by many of perceived as such by many of their members and generally acknowledged (at least as a their members and generally acknowledged (at least as a well identified, culturally –in a broad sense-- distinct well identified, culturally –in a broad sense-- distinct groups by the States within which they find themselves):groups by the States within which they find themselves):

In Spain In Spain Basques, Catalonians, Galicians Basques, Catalonians, GaliciansIn the UK In the UK Scots, Welsh. Scots, Welsh.In France In France Corsicans, Brittons, Basques. Corsicans, Brittons, Basques.In Belgium In Belgium Flemish and Wallons. Flemish and Wallons.

[1][1] There are o There are other distinct groups whose categorization as stand-alone state-less nations would be more ther distinct groups whose categorization as stand-alone state-less nations would be more debatable, including Sardinians, Valle d'Aostans, Friulians, Sicilians, Valencians, Balears, Alsacians, debatable, including Sardinians, Valle d'Aostans, Friulians, Sicilians, Valencians, Balears, Alsacians, Frisians, Manx, Cornish or Bavarians. There are also regions, often geographically separated from the Frisians, Manx, Cornish or Bavarians. There are also regions, often geographically separated from the State's "mainland" which enjoy a measure of self-rule in Europe (Azores Islands, Madeira, Faroe Islands). State's "mainland" which enjoy a measure of self-rule in Europe (Azores Islands, Madeira, Faroe Islands).

A MULTI-ETHNIC/NATIONAL EUROPE (II)A MULTI-ETHNIC/NATIONAL EUROPE (II)

National minorities:National minorities:In Italy In Italy German speakers in South Tyrol German speakers in South TyrolIn Finland In Finland Swedes SwedesIn Romania, Hungary, Slovakia, Serbia In Romania, Hungary, Slovakia, Serbia Hungarians HungariansIn the Baltic Republics and Moldova In the Baltic Republics and Moldova Russians RussiansIn FYROM, Serbia In FYROM, Serbia Albanians AlbaniansIn Croatia In Croatia Serbs SerbsIn Greece, Bulgaria In Greece, Bulgaria Turks TurksIn Belgium In Belgium German speakers German speakers

A MULTI-ETHNIC/NATIONAL EUROPE (III)A MULTI-ETHNIC/NATIONAL EUROPE (III)

Indigenous PeoplesIndigenous Peoples [1][1]::

In Norway, Sweden and Finland In Norway, Sweden and Finland Sami Sami In Denmark (Greenland) In Denmark (Greenland) Greenlandic (Inuit+Greenland-born whites) Greenlandic (Inuit+Greenland-born whites)

Special casesSpecial cases:: Throughout Europe Throughout Europe Roma Roma Northern Ireland Northern Ireland Unfinished "de-colonisation" of the Irish nation with a Unfinished "de-colonisation" of the Irish nation with a

"bristish" national minority or Irish national minority within the "british" "bristish" national minority or Irish national minority within the "british" nation?nation?

Kosovo Kosovo Is there a "Kosovar" nation or an Albanian minority within Is there a "Kosovar" nation or an Albanian minority within Serbia wishing to re-join the Albanian nation?Serbia wishing to re-join the Albanian nation?

Bosnia Herzegovina Bosnia Herzegovina a three-national state? The nation-state of the a three-national state? The nation-state of the "Bosniaks" with Croatian and Serbian national minorities?"Bosniaks" with Croatian and Serbian national minorities?

Cyprus Cyprus Is there Cypriot nation (with a Turkish national minority) or just Is there Cypriot nation (with a Turkish national minority) or just Cypriot Greeks and Cypriot Turks?Cypriot Greeks and Cypriot Turks?

Switzerland Switzerland A unique historical process resulting in a confederation of A unique historical process resulting in a confederation of cantons with four constituent "peoples" (German, French, Italian and cantons with four constituent "peoples" (German, French, Italian and Romanche-speaking). Romanche-speaking).

In Moldova In Moldova Gagauzians (Turkic national minority of nation?) Gagauzians (Turkic national minority of nation?)

[1][1] European nations do have at their roots ethnic or tribal groups (Germanic, Celtic, Iberian), which have European nations do have at their roots ethnic or tribal groups (Germanic, Celtic, Iberian), which have been diluted through a long historical process of interacting with other groups been diluted through a long historical process of interacting with other groups

HISTORY OF THE NATIONAL ISSUE HISTORY OF THE NATIONAL ISSUE

Main milestones:Main milestones: Birth of the nation-state following the Birth of the nation-state following the French revolutionFrench revolution in the late in the late

XVIII Century. Previously either Aristocratic multi-ethnic XVIII Century. Previously either Aristocratic multi-ethnic States/Empires (Hasburg, Tsarist, Ottoman) or absolutist yet often no States/Empires (Hasburg, Tsarist, Ottoman) or absolutist yet often no less multi-ethnic States (Bourbon regimes in France or Spain) in less multi-ethnic States (Bourbon regimes in France or Spain) in Europe. Europe.

German and Italian unificationsGerman and Italian unifications in the second half of the XIX in the second half of the XIX Century. Century.

Implosion of the Austro-Hungarian and Ottoman Empires as a result of Implosion of the Austro-Hungarian and Ottoman Empires as a result of the first Balkan Wars and the first Balkan Wars and WWIWWI..

End of the Cold WarEnd of the Cold War - Implosion of former Yugoslavia (triggering - Implosion of former Yugoslavia (triggering what has been called the second Balkan Wars) and the Soviet Union in what has been called the second Balkan Wars) and the Soviet Union in the 1990s.the 1990s.

"Drivers""Drivers" The cultural/literary movement of The cultural/literary movement of RomanticismRomanticism and the spread of the and the spread of the

NationalismNationalism ideology during the XIX Century, resulting in political ideology during the XIX Century, resulting in political nationalist movements/parties springing up throughout Europe in the nationalist movements/parties springing up throughout Europe in the late XIX and early XX Centuries.late XIX and early XX Centuries.

The concurrent The concurrent building of nation-statesbuilding of nation-states via universal conscription, via universal conscription, modern state bureaucracies and universal education.modern state bureaucracies and universal education.

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES ETHNIC/NATIONAL DIFFERENCES

Measures of Measures of cultural autonomycultural autonomy aimed at accommodating aimed at accommodating fragile indigenous peoples and national minorities fragile indigenous peoples and national minorities Sami/Lappland, Greenland, Sud TyrolSami/Lappland, Greenland, Sud Tyrol

Territorial autonomyTerritorial autonomy aimed at accommodating aimed at accommodating nations/nationalities within existing States nations/nationalities within existing States Scotland, Scotland, Basque CountryBasque Country

Federal/confederal frameworksFederal/confederal frameworks aimed at accommodating aimed at accommodating several peoples/nations coexisting in a State several peoples/nations coexisting in a State Belgium, Belgium, Bosnia-HerzegovinaBosnia-Herzegovina

Mixed frameworks Mixed frameworks FYROM/Albanians, Northern Ireland FYROM/Albanians, Northern Ireland

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (I)ETHNIC/NATIONAL DIFFERENCES (I)

BELGIUM BELGIUM

Flemish, Wallons and German speakersFlemish, Wallons and German speakers Constitutional reforms 1970s/1980sConstitutional reforms 1970s/1980s Three-tiered Federation Three-tiered Federation

- - Federal Government exclusively responsible for justice, defence, federal Federal Government exclusively responsible for justice, defence, federal police, social security, nuclear energy, public debt and other aspects of police, social security, nuclear energy, public debt and other aspects of public finances and State-owned companies, plus substantial parts of public finances and State-owned companies, plus substantial parts of public health, home affairs and foreign affairs public health, home affairs and foreign affairs - Regions have authority over economy, employment, agriculture, water - Regions have authority over economy, employment, agriculture, water policy, housing, public works, energy, transport, the environment, town policy, housing, public works, energy, transport, the environment, town and country planning, credit and foreign trade and country planning, credit and foreign trade - Linguistic communities are responsible for culture, education, linguistic - Linguistic communities are responsible for culture, education, linguistic policy, health and social assistance (welfare, youth, immigrant assistance)policy, health and social assistance (welfare, youth, immigrant assistance)

NATONAL FORMULAS TO ACCOMMODATE NATONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (II)ETHNIC/NATIONAL DIFFERENCES (II)

DENMARK DENMARK Greenland Greenland Greenlandic people (Scandinavian/Inuit) Greenlandic people (Scandinavian/Inuit) 1979 Greenland Home Rule Act 1979 Greenland Home Rule Act

27-member Landsting (and 2 representatives to Folketing) 27-member Landsting (and 2 representatives to Folketing) + Landsstyre (Executive Council) headed by Lagmadure + Landsstyre (Executive Council) headed by Lagmadure (Prime Minister) (Prime Minister) Full administrative responsibility for Greenland's internal Full administrative responsibility for Greenland's internal affairs (taxation, fisheries, planning, cultural affairs, nature affairs (taxation, fisheries, planning, cultural affairs, nature conservation, education, religious affairs, social welfare and conservation, education, religious affairs, social welfare and labour); DK Government authority over foreign affairs, labour); DK Government authority over foreign affairs, defence and judicial (local High Court and right of appeal to defence and judicial (local High Court and right of appeal to DK High Court)DK High Court) Official language Greenlandic or Inuktitut (Inuit family) Official language Greenlandic or Inuktitut (Inuit family) with Danish as communication language.with Danish as communication language.

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (III)ETHNIC/NATIONAL DIFFERENCES (III)

FINLAND/NORWAY/SWEDENFINLAND/NORWAY/SWEDEN Sami/LappsSami/Lapps Sami ParliamentsSami Parliaments (elected by Samis (elected by Samis self-identification, self-identification,

speaking Sami language or descendant speaker) speaking Sami language or descendant speaker) Finland (1996) Finland (1996) Sami Parliament Act (1995) Sami Parliament Act (1995) 21 reps 21 reps elected from Sami Domicile Area elected from Sami Domicile Area culture, language and culture, language and status as indigenous people status as indigenous people funds from Federal budget funds from Federal budget Sami Parliament part of Ministry JusticeSami Parliament part of Ministry JusticeSweden (1993) Sweden (1993) Sametinslag (31 representatives) Sametinslag (31 representatives) cultural protectioncultural protection Norway (1989) Norway (1989) Saami Act (1987) Saami Act (1987) ensure language ensure language protectedprotected

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (IV)ETHNIC/NATIONAL DIFFERENCES (IV)

FRANCEFRANCE Corsica Corsica independence movement – violent groups independence movement – violent groups

Since 1991 Territorial Collectivity with two departments, Since 1991 Territorial Collectivity with two departments, an elected Assembly, an Executive Council and an Economic, an elected Assembly, an Executive Council and an Economic, Social and Cultural Council Social and Cultural Council Powers reinforced in 2002 (school curriculum –including Powers reinforced in 2002 (school curriculum –including promotion Corsican language in schools--, sports and popular promotion Corsican language in schools--, sports and popular culture, tourism, management local forests, management ports culture, tourism, management local forests, management ports and airports, hydroelectric power, local industry aid, cultural and airports, hydroelectric power, local industry aid, cultural action; shared competences on environment, agriculture, action; shared competences on environment, agriculture, fisheries and archeological/historical patrimony) fisheries and archeological/historical patrimony) Plan for greater autonomy (merging two departments, Plan for greater autonomy (merging two departments, greater protection for Corsican language) failed in referendum greater protection for Corsican language) failed in referendum in 2003.in 2003.

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (V)ETHNIC/NATIONAL DIFFERENCES (V)

FYROMFYROM Albanian minorityAlbanian minority spill over Kosovo conflict - clashes in 2001 spill over Kosovo conflict - clashes in 2001 Lake Ohrid AgreementLake Ohrid Agreement (NATO/EU ceasefire monitoring) 2001 (NATO/EU ceasefire monitoring) 2001__ __ enhanced competences of and resources to local government (78 enhanced competences of and resources to local government (78

municipalities -- urban/rural planning, environment, local finances, municipalities -- urban/rural planning, environment, local finances, education, health care, social welfare, culture, local police head chosen by education, health care, social welfare, culture, local police head chosen by local Council)local Council) non discrimination and equitable representation of communities in non discrimination and equitable representation of communities in public office, including the Constitutional Court, Ombudsman and Judicial public office, including the Constitutional Court, Ombudsman and Judicial Council; certain constitutional amendments and laws on local government, Council; certain constitutional amendments and laws on local government, education, culture approved by qualified majority ensuring accord non-education, culture approved by qualified majority ensuring accord non-Macedonian representativesMacedonian representatives Macedonian official language throughout country and for international Macedonian official language throughout country and for international relations, but any language spoken by at least 20% also official, in relations, but any language spoken by at least 20% also official, in education (primary, secondary and support for University level), education (primary, secondary and support for University level), administration and judiciary.administration and judiciary.

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (VI)ETHNIC/NATIONAL DIFFERENCES (VI)

ITALY ITALY

Sud TyrolSud Tyrol German speakers German speakers clashes 1960s clashes 1960s

1972 Statute of Autonomy (Region Trentino/Sud Tyrol)1972 Statute of Autonomy (Region Trentino/Sud Tyrol)

Powers devolved at Regional and Provincial Levels Powers devolved at Regional and Provincial Levels

Sud-Tyrol special provisions on language Sud-Tyrol special provisions on language (strict official (strict official bilingualism and trilingualism in Ladin-speaking areas), bilingualism and trilingualism in Ladin-speaking areas), schools, culture and ethnic proportions on employment schools, culture and ethnic proportions on employment (proportionality principle in public employment); budgetary (proportionality principle in public employment); budgetary freedom on its expenditures (can keep 90% of tax revenue freedom on its expenditures (can keep 90% of tax revenue collected by the State) but few powers on taxation collected by the State) but few powers on taxation

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (VII)ETHNIC/NATIONAL DIFFERENCES (VII)

FINLANDFINLAND Aland Islands (populated by Swedes)Aland Islands (populated by Swedes) "Autonomy Act" (1951) "Autonomy Act" (1951)

Swedish only official language Swedish only official language Aland "citizenship" (Aland traditional residents or non-Aland Finns Aland "citizenship" (Aland traditional residents or non-Aland Finns residing there for 5 years); non-Aland citizens may be denied right to purchase residing there for 5 years); non-Aland citizens may be denied right to purchase land or exercise commercial activity; Aland citizens also Finnish citizens, can land or exercise commercial activity; Aland citizens also Finnish citizens, can participate in Finnish politics but are exempted from military serviceparticipate in Finnish politics but are exempted from military service Ladsting legislating in all matters affecting the islands (55 inhabited, total Ladsting legislating in all matters affecting the islands (55 inhabited, total 6,554), including culture, health, education, housing and social welfare, public 6,554), including culture, health, education, housing and social welfare, public order, and with the exception of constitutional law, foreign relations, general order, and with the exception of constitutional law, foreign relations, general taxes and payments, criminal and most civil law, judiciary, social insurance taxes and payments, criminal and most civil law, judiciary, social insurance and transport and transport Aland Executive Authority and Chief Minister (plus Aland Executive Authority and Chief Minister (plus Governor representing the Finnish President and Aland Island Commission; Governor representing the Finnish President and Aland Island Commission; can levy taxes on income while national authorities levy national taxes and can levy taxes on income while national authorities levy national taxes and customs on Aland, but 0.45% remain on the islands customs on Aland, but 0.45% remain on the islands

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (VIII)ETHNIC/NATIONAL DIFFERENCES (VIII)

SPAINSPAIN Basque CountryBasque Country independence movement and terrorist independence movement and terrorist

violenceviolence

Spanish constitution of 1978 – “Autonomias”Spanish constitution of 1978 – “Autonomias” ""Estatuto de Gernika"Estatuto de Gernika" (1979) (1979)

Basque Autonomous Community (three provinces and open Basque Autonomous Community (three provinces and open to Navarra) -- Euskera co-official with Spanish/Castillian – to Navarra) -- Euskera co-official with Spanish/Castillian – Autonomous Institutions (Parliament, Government, enshrines Autonomous Institutions (Parliament, Government, enshrines pre-existing Juntas Generales/Diputaciones Forales) – pre-existing Juntas Generales/Diputaciones Forales) – exclusive competences (notably education, health) and mixed exclusive competences (notably education, health) and mixed ones, including tax collection (except Customs), Judiciary ones, including tax collection (except Customs), Judiciary (right to appeal to Spanish Supreme Court), law and order (right to appeal to Spanish Supreme Court), law and order (except for borders), with some legislative capacity to legislate (except for borders), with some legislative capacity to legislate in those areas.in those areas.

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (IX)ETHNIC/NATIONAL DIFFERENCES (IX)

BOSNIA-HERZEGOVINABOSNIA-HERZEGOVINA Bosniaks, Croats and SerbsBosniaks, Croats and Serbs War 1992-1995War 1992-1995

1995 Dayton Peace Accords1995 Dayton Peace Accords Three Constituent PeoplesThree Constituent Peoples Two Entities (FBH and RS) and Special District of BrckoTwo Entities (FBH and RS) and Special District of Brcko FBH 10 CantonsFBH 10 Cantons 74 municipalities and 4 cities74 municipalities and 4 cities Power sharing in executive/legislativePower sharing in executive/legislative Unitary Constitutional Court, Military, Indirect Taxation Unitary Constitutional Court, Military, Indirect Taxation Authority and State Custom ServiceAuthority and State Custom Service High Representative High Representative

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (X)ETHNIC/NATIONAL DIFFERENCES (X)

UNITED KINGDOMUNITED KINGDOM

Scotland Scotland traditionally strong national identity traditionally strong national identity

1998 Scotland Act1998 Scotland Act: Scottish Parliament and First Minister, : Scottish Parliament and First Minister, responsibility for health, education, local government, social work, responsibility for health, education, local government, social work, economic development, law and home affairs (including most civil and economic development, law and home affairs (including most civil and criminal law and criminal law and criminal justice), environment, criminal law and criminal law and criminal justice), environment, agriculture, sports and statistics agriculture, sports and statistics Scottish Parliament limited power to vary income tax (tartan tax) Scottish Parliament limited power to vary income tax (tartan tax) UK (Secretary of State of Scotland) keeps powers relating to foreign UK (Secretary of State of Scotland) keeps powers relating to foreign policy, defence and national security, economic stability, common markets policy, defence and national security, economic stability, common markets of UK goods, employment legislation, social security and most aspects of of UK goods, employment legislation, social security and most aspects of transport safety regulationstransport safety regulations

NATIONAL FORMULAS TO ACCOMMODATE NATIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (XI)ETHNIC/NATIONAL DIFFERENCES (XI)

UNITED KINGDOMUNITED KINGDOM Northern Ireland Northern Ireland Catholic/Irish vs Protestant/British Catholic/Irish vs Protestant/British “Troubles” “Troubles”

(1970s – 2005)(1970s – 2005): : 1998 Good Friday Agreement1998 Good Friday Agreement: :

Northern Ireland Assembly with devolved powers –education, health and agriculture with Northern Ireland Assembly with devolved powers –education, health and agriculture with policing possible in future-; cross community principle for major decisions; "power sharing" policing possible in future-; cross community principle for major decisions; "power sharing" Norther Ireland Executive with Ministers allocated proportionally to major parties; Norther Ireland Executive with Ministers allocated proportionally to major parties; North-South Ministerial Council and North-South Implementation Bodies on cross border North-South Ministerial Council and North-South Implementation Bodies on cross border cooperation; British-Irish Inter-governmental Conference (consultative role to EIRE on non cooperation; British-Irish Inter-governmental Conference (consultative role to EIRE on non devolved matters); British-Irish Council (EIRE, Ulster, UK, Channel Islands and Isle of Man) devolved matters); British-Irish Council (EIRE, Ulster, UK, Channel Islands and Isle of Man) to discuss areas of common concern; to discuss areas of common concern; early release within two years of paramilitary members of organisations observing early release within two years of paramilitary members of organisations observing ceasefire; Northern Ireland HR Commission; 2-year decommissioning period; repealing of ceasefire; Northern Ireland HR Commission; 2-year decommissioning period; repealing of Government of Ireland Act and EIRE's territorial claim to Northern Ireland; closure of Government of Ireland Act and EIRE's territorial claim to Northern Ireland; closure of redundant UK army bases; Police reform; redundant UK army bases; Police reform; equality of social, economic and cultural rights to all ethnic communities (official equality of social, economic and cultural rights to all ethnic communities (official recognition of the Irish and Ulster-Scots languages as equal to English); Birthright of all recognition of the Irish and Ulster-Scots languages as equal to English); Birthright of all people of NIreland to identify themselves and be accepted as Irish or British, or both (right to people of NIreland to identify themselves and be accepted as Irish or British, or both (right to hold both British and Irish citizenship) hold both British and Irish citizenship) Royal Ulster Constabulary replaced by Police Service of Northern Ireland in 2001 Royal Ulster Constabulary replaced by Police Service of Northern Ireland in 2001 28 July 2005 IRA announces end of its armed campaign; 25 September 2005 international 28 July 2005 IRA announces end of its armed campaign; 25 September 2005 international inspectors certify the full decommissioning of arms inspectors certify the full decommissioning of arms power sharing between Sinn Fein and Democratic Ulster Party resumed on 8 May 2007.power sharing between Sinn Fein and Democratic Ulster Party resumed on 8 May 2007.

REGIONAL FORMULAS TO ACCOMMODATE REGIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (I)ETHNIC/NATIONAL DIFFERENCES (I)

EUROPEAN UNIONEUROPEAN UNION

Committee of the Regions Committee of the Regions (consultative body on EU legislation, composed of (consultative body on EU legislation, composed of representatives from regions of MS)representatives from regions of MS)

Copenhaguen Criteria Copenhaguen Criteria (Respect for and protection of national minority (Respect for and protection of national minority groups)groups)

Charter of Fundamental Rights Charter of Fundamental Rights (right to non discrimination on ethnic, (right to non discrimination on ethnic, linguistic or religious grounds and rights to respect for ethnic, linguistic or linguistic or religious grounds and rights to respect for ethnic, linguistic or religious diversity). religious diversity).

Amsterdam Treaty (TEC, Art. 13) Amsterdam Treaty (TEC, Art. 13) the European Union is empowered to the European Union is empowered to take appropriate action to combat discrimination based on sex, racial or ethnic take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.origin, religion or belief, disability, age or sexual orientation.

EC instrumentsEC instruments Directives 2000/48/EC and 2000/78/ECDirectives 2000/48/EC and 2000/78/EC prohibiting direct or indirect prohibiting direct or indirect

discrimination on grounds of racial or ethnic origin, religion or belief, discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation.disability, age or sexual orientation.

Action Programme to Combat Discrimination (2001-2006)Action Programme to Combat Discrimination (2001-2006) PROGRESS Programme (2004)PROGRESS Programme (2004) – – Community Programme for Community Programme for

Employment and Social SolidarityEmployment and Social Solidarity High Level Advisory Group on Social Integration of Ethnic Minorities and High Level Advisory Group on Social Integration of Ethnic Minorities and

their Full Participation in the Labour Marketstheir Full Participation in the Labour Markets (2006) (2006)

REGIONAL FORMULAS TO ACCOMMODATE REGIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (II)ETHNIC/NATIONAL DIFFERENCES (II)

OSCEOSCE High Commissioner for National Minorities High Commissioner for National Minorities Thematic Thematic

recommendationsrecommendations (education and linguistic rights, participation in (education and linguistic rights, participation in public life, Roma/Sinti)public life, Roma/Sinti)

1990 Copenhagen Document1990 Copenhagen Document (Meeting of the Conference on the (Meeting of the Conference on the Human Dimension) requires participating States to take measures Human Dimension) requires participating States to take measures respect the rights of persons belonging to national minorities to respect the rights of persons belonging to national minorities to effective participation in public affairs"…"protect the ethnic, cultural, effective participation in public affairs"…"protect the ethnic, cultural, linguistic and religious identity of national minorities on their territory linguistic and religious identity of national minorities on their territory and create conditions for the promotion of that identity", and and create conditions for the promotion of that identity", and specifically to protect Roma and others against "any acts that constitute specifically to protect Roma and others against "any acts that constitute incitement to violence" and against "threats or acts of discrimination, incitement to violence" and against "threats or acts of discrimination, hostility or violence"…"hostility or violence"…"

Contact Point for Roma and Sinti Issues in the Office for Contact Point for Roma and Sinti Issues in the Office for Democratic Institutions and Human Rights (1998)Democratic Institutions and Human Rights (1998)

REGIONAL FORMULAS TO ACCOMMODATE REGIONAL FORMULAS TO ACCOMMODATE ETHNIC/NATIONAL DIFFERENCES (III)ETHNIC/NATIONAL DIFFERENCES (III)

COUNCIL OF EUROPECOUNCIL OF EUROPE Framework Convention for the Protection of National Framework Convention for the Protection of National

Minorities (1994) Minorities (1994) non discrimination; promotion of non discrimination; promotion of effective equality; promotion of conditions regarding the effective equality; promotion of conditions regarding the preservation of religion, language and traditions; freedoms of preservation of religion, language and traditions; freedoms of assembly, association, expression, thought, conscience and assembly, association, expression, thought, conscience and religion; access to and use of media; linguistic freedoms (use religion; access to and use of media; linguistic freedoms (use minority language in private and public and before minority language in private and public and before administrative authorities); learning and instruction in administrative authorities); learning and instruction in minority language; trans-frontier contacts and cooperation; minority language; trans-frontier contacts and cooperation; participation in economic, cultural and social life of country; participation in economic, cultural and social life of country; participation in public life; and prohibition of forced participation in public life; and prohibition of forced assimilation. assimilation.

Some of those provisions already under European Convention Some of those provisions already under European Convention on Human Rights and European Court of Human Rights on Human Rights and European Court of Human Rights

HAVE THESE FORMULAS ACCOMMODATED HAVE THESE FORMULAS ACCOMMODATED ETHNIC/NATIONAL DIFFERENCES?ETHNIC/NATIONAL DIFFERENCES?

Mixed record, in some cases tension/violence continuesMixed record, in some cases tension/violence continues In some cases territorial autonomy has contributed to In some cases territorial autonomy has contributed to

polarizationpolarization Territorial autonomy no panacea, works best when goal of Territorial autonomy no panacea, works best when goal of

minority group not secessionminority group not secession Cultural autonomy and local self-rule may be best instrument Cultural autonomy and local self-rule may be best instrument

for addressing perceived discrimination of national minorities, for addressing perceived discrimination of national minorities, but insufficient when dealing with territory-based self-but insufficient when dealing with territory-based self-perceived nations/nationalitiesperceived nations/nationalities

Multiculturalism education and economic development as best Multiculturalism education and economic development as best ways forward?ways forward?

Ethnic/national differences cannot be solved, only managed Ethnic/national differences cannot be solved, only managed