Exploring the Opportunities for Trans-Ethnic Cooperation Within and Across Serbia Through the National Minority Councils (original) (raw)

Evolving Legal Framework and History of National Minority Councils in Serbia

International Journal of Public Law and Policy, 2018

Serbia introduced ethnic non-territorial autonomy through elected national minority councils into its legal system in 2002. The evolvement of the respective legal framework, the experiences of democratic elections, and the functioning of the national minority councils provide an opportunity for presenting, analysing, and evaluating this legally regulated institution of non-territorial autonomy. This article investigates both the legislative framework and the functioning of national minority councils. It is argued that national minority councils were legalised primarily to fit the plans and demands of the Hungarian minority, though they at the same time contributed to the integration of national minorities in Serbia and to the inter-ethnic democracy in general. Possible future amendments have to resolve contradictions between the Law on National Councils and various laws on education and culture and should also improve the legislative framework in order to protect and ensure individual human rights against abuses by NMCs and political plurality within minority communities.

Ethnic Self-governance in Serbia

International Relations Quarterly, Southeast European Foundation, 2012

The 2009 Law on National Councils of National Minorities (LNCNM) created a new system of self-governance for ethnic minorities, over one-sixth of the population, in the Republic of Serbia. The law establishes the legal framework for and empowers national minority councils (NMCs) to legitimately represent members of their respective minorities in matters of culture, education, the media, and official use of language, as pertaining to each minority. The NMCs can create institutions, organizations, and for-profit companies to promote their interests. Rights so granted vis-à-vis state organs are only consultative in nature, but still significant enough to be considered a prototype of ethnic cultural autonomy. The councils receive budgetary funds for their work but can generate their own income and receive aid from foreign and international sources as well. The implementation, immediate consequences, and conflicts related to the LNCNM have a broad impact on ethnic politics in Serbia: they help determine how national minorities organize themselves to preserve their identity, what kind of relationships they develop, and how they relate to the Serbian state. This paper studies the precursors of the law and its implementation, the results and difficulties of the national minority councils, and suggests further research.

ETHNIC SELFGOVERNANCE IN SERBIA The First Two Years of the National Minority Councils

2012

The 2009 Law on National Councils of National Minorities (LNCNM) created a new system of self� governance for ethnic minorities, over onesixth of the population, in the Republic of Serbia. The law establishes the legal framework for and empowers national minority councils (NMCs) to legitimately represent members of their respective minorities in matters of culture, education, the media, and official use of language, as pertaining to each minority. The NMCs can create institutions, organizations, and forprofit companies to promote their interests. Ri ghts so granted vis�a�vis state organs are only con sultative in nature, but still significant enough to be considered a prototype of ethnic cultural autonomy. The councils receive budgetary funds for their work but can generate their own income and receive aid from foreign and international sources as well. The implementation, immediate consequences, and conflicts related to the LNCNM have a broad impact on ethnic politics in Serbia: th...

The National Minority Consultative Mechanisms - the Councils of National Minorities in Bosnia and Herzegovina

Innovative Issues and Approaches in Social Sciences, 2016

The article tries to explore the practical application of the soft law, in concrete terms, the documents adopted by the Organization for Security and Cooperation in Europe, referring to the models of participation of national minorities in public life in the case of Bosnia and Herzegovina. The objective of the research was to assess the legal and political grounds for functioning national minority councils as participation and consultative mechanisms, scope of responsibilities and capacities in relation to their effectiveness and impact and to identify relevant good practices on such mechanisms. The political and decision-making structures in Bosnia and Herzegovina demonstrated lack of actual commitment to the realization of the rights of minorities referring to participation in decision-making processes. Bearing in mind formal position within parliaments, visibility, and a significant promotional capacity for presence in the public sphere, the councils on national minorities may represent a significant body and channel for the minority-majority dialogue. However, at the moment, the national minority councils' capacity to ensure participation of national minorities in Bosnian political life and their influence in decision-making process remains insufficient. In general, the consultative mechanisms, within their mandated responsibilities, have had insignificant and minimal impact on the practical, political and legislative segment.

Serbia and Montenegro: The New Legal Framework for the Protection of Ethnic Minorities

Revue québécoise de droit international

Au début de l'année 2003, la République fédérale de Yougoslavie fut reconstituée en tant qu'État uni de Serbie et du Monténégro. La reconstitution fut légalisée par la Charte constitutionnelle de la Serbie et du Monténégro le 27 mars 2003. Le succès de cet union est assez incertain, étant donné qu'il reste à voir si l'État va survivre et sous quelle forme, ou si les Républiques devront bientôt se séparer pour reprendre leur autonomie respective. Au cours des dernières années, et même des derniers mois, certaines modifications du système légal ont été introduites en Yougoslavie. À travers ces changements, sont particulièrement intéressants ceux relatifs à la législation concernant les droits de la personne et les droits des minorités ethniques. L'analyse de la législation d'un État donné débute logiquement avec celle de sa législation suprême, soit sa constitution, et continue ensuite par celle de ses autres lois et sources de droit. Ayant à l'idée les réalités courantes de la Serbie et du Monténégro, une analyse chronologique de la situation est nécessaire. De surcroît, suite aux notes introductives, sera présenté le Federal Act on Protection of Rights and Freedoms of National Minorities, adopté en 2002 en République fédérale de Yougoslavie et toujours en vigueur, pour finalement répertorier les diverses législations qui l'ont suivi.

T Decentralisation of SerbiaThe Minority Dimension

2007

his policy brief argues that the decentralisation of Serbia by degating more authority to municipalities could benefit minority groups that constitute a local majority. Although there are three such minority communities living in Serbia, the Bosniaks in Sandzak, the Albanians in Presevo Valley and the Hungarians in Vojvodina, the paper focuses on the first two groups, because their problems could potentially destabilise Serbia and the wider region. Thus, addressing the root causes of tensions in these two regions is an urgent task. Moreover, not only would minorities gain from sound decentralisation – all municipalities would do so regardless of ethnicity. Ultimately, decentralisation would be an essential step in Serbia’s democratisation process, following the example of other Central and East European countries.

Minority Rights in Serbia: The Legal Framework for Establishing Associations

ISHGJ, 2023

The article discusses the legal framework for establishing associations for minorities in Serbia. The Treaty on European Union (TEU) values the respect for human rights, including the rights of persons belonging to minorities, and works to consolidate and support democracy, the rule of law, human rights, and the principles of international law. The Serbian Constitution allows for the formation of associations and organizations, including those created by minorities, that may have executive powers. Additionally, Serbia has ratified international and regional human rights instruments that provide for the protection of the rights of national minorities and freedom of association. If Serbia denies the right of minorities to create associations with executive powers, minorities can challenge Serbia's denial in domestic and international courts. Domestically, minorities in Serbia can challenge the constitutionality of any law or government action that limits their right to form associations with executive powers. In the international arena, minorities could potentially bring a case against Serbia before international human rights bodies.

‘Minority Consultative Bodies in Kosovo: A quest for effective emancipation or elusive participation?’

This article examines the extent to which effective political participation can be achieved through minority consultative bodies, and what obstacles and shortcomings can potentially occur in practice. The paper explores the Kosovo case, where a variety of minority consultative bodies were established in recent years to ensure effective minority participation and representation at the highest decision-making levels. It will be argued that despite the prospects of the established legal and institutional framework, these bodies have fallen short in providing a meaningful representation of minority interests and needs in Kosovo. This is largely affected by the intermeshed interests of elites among the majority and minority communities that prioritize their narrow interests to the expense of the developmental and emancipatory needs of marginalized minorities in Kosovo. Hence, a higher commitment and cooperation among the governmental authorities and minority representatives, together with adequate resources are critical for ensuring an effective minority participation in the public sphere.