0521864836 cambridge university press synergies in minority protection european and international law perspectives feb 2009

This page intentionally left blank SYNERGIES IN MINORITY PROTECTION There has recently been a remarkable growth in standard-setting with respect to the protection of minorities in international and European law Layered on top of existing human rights standards relevant to minorities, these developments have resulted in a complex and multifaceted regime, but one which still does not amount to an integrated and coherent system of minority protection In addition to providing an up-to-date account of the relevant standards and their development in practice, this collection breaks new ground by seeking to identify the extent to which some integration and coherence (synergy) is emerging as a result of the work of treatymonitoring bodies and other international institutions Leading experts on the main instruments and institutions assess matters such as the application of similar principles, the emergence of common themes, explicit cross-referencing between treaty bodies and international institutions, and the development of similar working methods k r i s t i n h e n r a r d is Associate Professor in the Department of Constitutional Law at Erasmus University, Rotterdam r o b e r t d u n b a r is Reader in Law at the University of Aberdeen School of Law SYNERGIES IN MINORITY PROTECTION European and International Law Perspectives Edited by KRISTIN HENRARD AND R O B E R T D U N B A R CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521864831 © Cambridge University Press 2008 This publication is in copyright Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published in print format 2009 ISBN-13 978-0-511-50819-6 eBook (NetLibrary) ISBN-13 978-0-521-86483-1 hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate CONTENTS Foreword page vii gudmundu r alfredsson Abbreviations ix Introduction kristin henrard and robert dunbar part a Minorities-specific instruments, provisions and institutions 21 The United Nations International Covenant on Civil and Political Rights: Article 27 and other provisions 23 martin scheinin The United Nations Working Group on Minorities 46 li-an n thio Postscript: The United Nations Independent Expert on Minority Issues 81 gay mcdougall The OSCE High Commissioner on National Minorities arie bl oed and rianne letschert The Council of Europe’s Framework Convention for the Protection of National Minorities 119 asbjørn eide v 88 vi c on te n ts part b The Council of Europe’s European Charter for Regional or Minority Languages 155 robert dunbar Non-minorities-specific instruments, provisions and institutions 187 Developments relating to minorities in the law on genocide 189 william a schabas The United Nations International Covenant on Economic, Social and Cultural Rights 213 mari a amor marti n este banez The United Nations International Convention on the Elimination of All Forms of Racial Discrimination ivan garvalov 10 The United Nations Convention on the Rights of the Child and Children Belonging to Minority Groups jaap e doek 11 UNESCO’s Convention Against Discrimination in Education 297 fons cooman s 12 A patchwork of ‘successful’ and ‘missed’ synergies in the jurisprudence of the ECHR 314 kristin henrard 13 The many faces of minority policy in the European Union 365 bruno de witte and eniko } horva´ th 14 Developments under the African Charter on Human and Peoples’ Rights relevant to Minorities 385 tim murithi 15 Regional cooperation and minority issues in the Asia-Pacific region 401 erik friberg Index 425 249 278 FOREWORD During the last fifteen to twenty years, several new instruments and monitoring and dialogue institutions and procedures have been added to the international minority protection regime It now amounts to more than fifty instruments and some dozen monitoring and dialogue institutions with minority-specific provisions In addition, members of minorities are entitled to the equal enjoyment of all human rights and equal access to all implementation and monitoring procedures designed for human rights in general Indeed, there has been a steady increase in the application of general human rights instruments for the protection of members of minority groups, and an increasing sensitivity to the needs of such persons Hence, the reference to a minority protection regime rather than merely minority rights is most appropriate The expansion of the minority protection regime has occurred relatively quickly, but it has been uneven and unorganised, with a variety of motivations behind the steps taken and with the involvement of several international organisations Imposing minority rights on third states is distinctly easier than committing to them internally Double standards appear in the foreign policies of states and these may also impact on international responses Much of the recent attention has been securityoriented, with a focus on the prevention of violent conflict in the short term, but the interest of states in minority rights tends to drop as soon as the threat of serious violence recedes, even when discriminatory patterns and practices persist With this multitude of instruments and monitoring and dialogue procedures, it is not always clear what mandates are most likely to produce human rights and/or minority rights results beneficial to minorities In this book about minority protection, the editors have designed and produced a thematic volume in which several authors focus on the collaboration and useful overlaps between all these instruments vii viii foreword and procedures The editors have called attention to different types of possible synergies and devote special attention to three of them: express cross-referencing, substantive convergences, and the emergence of similar working methods Differences in standards and their application have also been explored And one should not forget the element of competition that certainly plays a role in the interaction, or lack of the same, between the various international institutions The editors and authors also correctly identify and deal with some of the issues that are likely to characterise the debate and action on minority protection in the years to come When immigrant communities emerge as new minorities which merit protection as such? How can the situation of the Roma be improved? What is the interplay between individual and group rights and will the latter receive the emphasis they deserve? How can the mainstreaming of minority rights, for example, in the international development and financial sectors, enhance the synergies under examination in the book? What role can interagency consultations accomplish? The book is a welcome addition to the human rights and minority rights literature It contains not only valuable academic presentations but also offers, if sometimes only implicitly, useful guidelines for future work in this field gudmun dur alfredsson Chairman/Rapporteur of the UN Working Group on Minorities at its twelfth and final session in 2006 448 i n de x linguistic component in participatory rights 332–4 identity and minorities see ICCPR; minority languages; Languages Charter rights Commentary approach to 62–3 see linguistic under ECHR lists of issues in ICESCR 242–4 Lithuania 130–1 LN limited minority protection after WW1 2, 23–5, 119–21 national minorities, meaning of 123 London bombings 11–12 Lovelace v Canada [1981] 29 Lubicon Lake Band v Canada [1990] 32–3, 38–9 Lund Recs 104–5, 139–40, 300–31 see also WGM Maastricht Treaty 374 Macedonia 70–1, 100–1, 378–9 Kosteski v Former Yugoslav Republic of Macedonia 351–2 Skender v Former Yugoslav Republic of Macedonia 339–40 Madrid bombings 11–12 Mahuika, Apirana et al v New Zealand [2000] 33–5, 38–9 Malaysia customary and traditional law 421 minority issues 418–20 Malta 227–8 Adami, Zarb v Malta [2006] 324–6 margin of appreciation doctrine 33–5 marriage 221–3 Mathieu, Mohin and Clerfayt [1987] 332 Mauritius 57–8, 92–3 McDougall, Gay 6–8 MDGs 46–8, 73–5, 85 media CRC, and 286–7 ICERD, and 262–3 Languages Charter, and 169–70 rights of minorities 133 Mexico ICERD 271–3 ‘peoples’ and self-determination 36–7 migrants 83–4 EU migration policy 369–70 languages 11–12, 62–3, 163–4 see also Languages Charter workers rights under ICCPR 25–6 WGM 60–1 i n de x minorities Africa, in 386–7, 395–7 see also African Charter; African Commission assimilation 13, 18–19 associations, support for 134–6 CERD see ICCERD children see children; CRC communities and information sharing 16–17 conflict between, prevention of see OSCD HCNM culture see culture; FCNM; ICCPR definition and aspects of 11–12 see also FCNM; ICCPR; WGM discrimination against see discrimination diversity see diversity of situations ECHR see ECHR economic issues see economic education see education; CADE under UNESCO equality of, ensuring see equality ‘ethnic’ see ICCPR expression, freedom of see expression EU see EU FCNM, and see FCNM freedom expression, of see expression religion, of see religion hate speech see hate ICCPR see ICCPR immigration, impact of 11–12 indigenous see indigenous peoples integration 13, 18–19, 136–8 land-based culture see ICCPR; indigenous peoples ‘linguistic’ see ICCPR language see minority language media rights see media MoU, COE/EU 18–19 ‘national’ 25 ‘new’ 11–12, 18–19, 60–1, 61–2, 62–3 approach towards by ACFC 144–5 ASEAN 407 OSCE HCNM 112–17 languages of see Languages Charter protection of see protection of minorities public life see public life ‘religious’ see ICCPR see also religion right to belong, elements in 28–30 449 450 i n de x minorities (cont.) separation 136–8 special needs 13–14 submission to African Commission 394–5 traditional activities, protection of 122–4, 132–8 way of life, right to respect for 343–5 see also development; discrimination; equality; ICCPR; indigenous peoples; protection of minorities; WGM minority concept see under Article 27 under ICCPR minority languages administrative authorities see administrative authorities Article 27 protection by 35, 41–2 ASEAN 406–7 broadcasting 104–5 children 286, 286–7 Commentary approach to linguistic rights 62–3, 78–9 danger of disappearance 4–6 education in mother tongue 2, 10–11, 14, 18–19, 78–9, 263–4 see also educational rights under synergies under ECHR ‘ethnicity-sensitisation’ 10–11 EU 374–6 FCNM, protected by 133–4 see also FCNM globalisation, impact on linguistic diversity 4–6 ICESCR 229–30 Languages Charter see Languages Charter linguistic rights see linguistic under ECHR media see media migrants see migrants’ languages names 262–3 Oslo Recs see Oslo Recs preserving see culture under FCNM public life see public life right to use 18–19 before WW1 1–2 protected by LN Roma see Roma translation services 262–3 minority protection and synergies in see African Charter; African Commission; Asia-Pacific; CRC; development in international law; ECHR; EU; FCNM; Genocide Convention; ICCPR; ICERD; ICESC; Languages Charter; OSCE HCNM; UNESCO; UNIEMI; WGM minority rights 365–8 see also minorities; protection of minorities Minority Rights Group International 386 minority-specific instruments state reporting mechanisms 14–16 i n de x Moldova 139–40 monitoring of treaty obligations 14–16 CADE see CADE under UNESCO country visits 16, 43, 92–3, 175 CRC see CRC ICERD see ICERD OSCE HCNM see OSCE HCNM state reporting mechanisms 14–16, 23–5, 43–4, 51–2, 175–7, 279–80, 305–7 Languages Charter, under 171–81 WGM see WGM Montenegro 55–7 Moreaux v Belgium [1983] 332 Morocco 244 minority conflict 396–7 MoU, COE/EU 18–19 multi-cultural societies 11–12 multi-ethnic states see ethnic and religious tensions Mutua, Makau wa 388 Myanmar 46–8 ASEAN 404, 409, 411 Nachova v Bulgaria [2004] 319, 327–8 names 262–3 Namibia Diergaardt et al v Namibia see Diergaardt national decision-making by minorities 70–1 ‘national minorities’ 25 compared to ‘new’ minorities 112–17 in states’ legislation 124–5 meaning of 123 see also minorities; protection of minorities natural resources 38–9, 64, 76–8 nature-based way of life see indigenous peoples Nazis 2–4, 190–1 Nepal 61–2 Netherlands 165–6 CRC 285 Hoogendijk v The Netherlands 324–6 Van Raalte v The Netherlands 321–2 Network of Independent Experts 14–16 ‘new minorities’ see minorities New Zealand cultural genocide 200–1 ICERD 271–3 Mahuika, Apirana see Mahuika NGOs 9–10, 14–16, 53–5 African Commission 390 African Court 398–9 451 452 i n de x NGOs (cont.) Asia-Pacific region see Asia-Pacific CESR see Ogoni case CRC 279–80 EU 382 information and information sharing 16–17, 43–4, 49–50, 52–3, 57–8, 68–9, 147 FCNM 97 Languages Charter 174 Minority Rights Group International 386 OSCE HCNM 94–6 SERAC see Ogoni case UNIEMI 86–7 Nicaragua 75–6 Nigeria 67–8, 74–5 minority conflict 396–7 Ogoni of Nigeria 391–4 ‘nine/eleven’ 11–12 non-discrimination see discrimination non-territorial languages 159–60 Northern Ireland 71–3 Norway assimilation, enforced 136 FCNM, approach to 124–5 indigenous peoples 143–4 Kjeldsen, Busk Madsen en Petersen v Norway 338–9 languages 161–3 ‘peoples’ and self-determination 36–7 Travellers 142–3 Nuremberg see war crimes OAS 49–50, 64, 86 OAU 86, 387, 389–90, 390 African Court 397 minority protection problems, response to 395–7 OECD 49–50 Ogoni of Nigeria [2003] 391–4 OIC 86 Oman 289–90 Ombudsman 129–30, 147, 148–9, 150–1 Ominayak case see Lubicon OSCE 4–6, 61–2, 78–9, 147, 182, 365–8, 382 collective rights, reluctance on 57 cross-fertilisation of ideas 10–11, 51, 68–9 cross-referencing 9–10, 68–9 OSCE HCNM 4–6, 6–8, 9–10, 46–8, 53–5, 55–7, 75–6, 78–9, 88–118 assessment of work 117–18 conflict prevention 88–9 cooperation with other organizations 100–1 i n de x country visits 16, 57–8, 92–3 information and information sharing see information mandate and working methods 90–104 conflict, consensual early involvement in 90–2 country visits 92–3 information gathering 94–6: recommendations on citizenship 94 minority, representatives, contact with 96–7 norms on minority protection, development of 97–9 ‘new’ minorities, approach towards 112–17 policing in multi-ethnic societies 109–10 recommendations on 111–12 recommendations and guidelines 104–12 guidelines on standards 104–5 hard and soft law 105–6 minority protection, for 89–90, 97–9 thematic recommendations on Roma and Sinti 106–7 work compared to COE/FCNM 107–9 UNIEMI 82–3, 85–6 Oslo Recs 104–5 see also minorities; minority language; protection of minorities Otto-Preminger-Institute v Austria (1994) 356–7 Ouranio Toxo v Greece [2005] 337 Pacific region see Asia-Pacific region Pakistan 228–9 Palestine 271–3 Panama 208–10 Papua New Guinea 271–3 parental leave 321–2 participatory rights 329–38 Partisi, Refah v Turkey [2001] 336–7 PCIJ 194, 304 supervision of LN regime ‘peoples’, definition of 36–7, 39–41 secession, right to 37–8 self-determination, right to 36–41 see also indigenous peoples persecution 205 personal scope of application of FCNM 121–7 Petrovic v Austria [1989] 321–2 Philippines 74–5 land rights 421 minority issues 418–20 traditional laws 421 PIF 411–14 Podkolzina v Latvia [2002] 332–3 Poland 135 Gorzelik et al v Poland 334–5 453 454 i n de x police bias and equality problems 128–9 minorities in 140–1 multi-ethnic societies, in 104–5, 109–10, 144–5 recommendations on 111–12 positive discrimination see special treatment under discrimination state obligations and group dimensions 30 poverty 76–8 alleviation 85 prisoners, rules for treatment of 44–5 private discrimination 328–9 protection of minorities 4–6 Africa, in 386–7, 395–7 see also African Charter; African Commission Asia, in CERD see ICERD children see children; CRC COE 4–6 conflicts, in see OSCE HCNM culture see culture; FCNM; ICCPR development of see development discretion in minority protection, states’ 125–7 discrimination against see discrimination diversity of situations 18 economic issues see economic education see education; CADE under UNESCO equality of, ensuring see equality EU see EU expression, freedom of see expression FCNM see FCNM freedom expression, of see expression religion, of see religion globally hate speech see hate ICCPR see ICCPR indigenous see indigenous peoples land-based culture see under ICCPR language see minority language MoU, COE/EU 18–19 ‘new minorities’ 11–12 non-discrimination/special measures necessary 316 OSCE HCNM see OSCE HCNM religion see religion speech see expression standard-setting, lack of integrative 18 states’ obligations see FCNM i n de x synergies in see synergies under development UN, role in see UN WW1, after see LN WW2, after 2–4, 4–6 treaty monitoring 4–6 see also development; discrimination; equality; ICCPR; minorities; WGM public life 139–41, 329–38 advisory and consultative committees 140–1 elections to public office, linguistic component 332–4 Languages Charter 180–1 Lund Recs see Lund Recs public service administration, minorities in 140–1, 144–5, 332–4 Quebec Ballantyne case 26–7 Quebec Secession case 37–8 Raalte, Van v The Netherlands [1997] 321–2 ‘Race Directive’ 370–3, 381 racial discrimination definition of 250–1 ECtHR and suspect grounds 327–8 EU see EU ICERD see ICERD MoU, COE/EU 18–19 prohibitions on after WW2 2–4 virulent 265–7 see also discrimination racism 73, 83–4 in violence 319 reasonable accommodation 319–20 recognition regime 25–6 recommendations for minority protection 89–90 see also Hague Recs Refah Partisi v Turkey [2001] 336–7 refugees asylum-seeking children, and 281, 286 EU policy 369–70 minorities, and 61–2 religion Article 27 protection by 35, 41–2 FCNM, and see FCNM freedom of 83–4, 345–52 respect for before WW1 1–2 protected by FCNM see FCNM LN minorities rights to 62–3 455 456 i n de x religion (cont.) nationalism 76–8 preserving see culture under FCNM protecting sensibilities 356–8 tensions in as cause of war 1–2 work, and 319–20 ‘religious minorities’ see ICCPR; minorities remedies in discrimination and equality cases 129–30 reporting by states see monitoring representation see public life reservations to CRC 289–90 to FCNM 125–7 to ICESCR 227–30 resources, right to 38–9 reverse discrimination 262 right to liberty see liberty life see life Roma issues 106–7, 128–9, 131 assimilation, enforced 136 discrimination and ICERD 251, 264–5 ECtHR decisions on 342–3 education for ‘mentally retarded’ 301 D.H et al v Czech Republic 324–6 EU, in 372–3, 380 languages 183–5, 264–5 lifestyle 137, 142–3 see also Gypsies; WGM Romania 55–7, 378 Rotterdam Charter 111–12 Russia 55–7, 143–4 ICERD 271–3 OSCE HCNM 90–2 Timishev v Russia 327–8 Rwanda genocide 2–4, 396 ICERD 271–3 reservations to ICESCR 228–9 see also ICTR Sahin, Leyla v Turkey [2004] 350–1 ‘Scramble for Africa’ 386 secession 37–8, 50 self-determination, right of 36–41 autonomy, and 71–3 ICERD 267–9 ICESCR, and 219, 228–9 i n de x Katanga case 394–5 languages, and 166–7 WGM, and 60–1 self-governance 139–40 Senegal 396–7 separation of minorities 136–8 Serbia Montenegro, and 55–7 problems in overcoming ethnic bias 128–9 Shelton, D 105–6 Sidiropoulos v Greece [1998] 334 Skender v Former Yugoslav Republic of Macedonia [2005] 339–40 socio-economic life, participation of minorities in 141–2 rights, development of 73–5 soft and hard law 105–6 Sohn, Louis 388 Solomon Islands 412–13 South Africa cultural genocide 200–1 Soviet Union 207–9 break up 4–6, 135 special needs of minorities see minorities treatment of minorities see discrimination see also equality speech see expression; hate speech Srebrenica 202–4, 271–3 Sri Lanka 2–4, 71–3, 76–8 standard human rights see human rights standard-setting lack of integrative 18 synergies in 66–75 states direct statements 227–30 domestic law changes 270–1 non-discrimination provisions see discrimination obligations choice of, under Languages Charter 169–70 ICERD, under, to address racial discrimination 265–7 provide demographic information 251–4: failure to provide 252–3 special measures, to take 261–2 translation services, to provide 262–3 to protect minorities see FCNM reporting mechanisms see monitoring reservations to CRC 289–90 457 458 i n de x states, reservations (cont.) to FCNM 125–7 to ICESCR 227–30 see also HRC Stec et al v UK [2006] 321–2 substantive convergences 10–14 equality 261–2, 316–28 Sudan 77, 79 Darfur conflict 396–7 ICERD 271–3 independence 386 supervisory mechanisms see monitoring Suriname 271–3 Sweden cultural genocide 200–1 FCNM, approach to 124–5 indigenous peoples 143–4 Kitok v Sweden see Kitok ‘peoples’ and self-determination 36–7 Switzerland 136 Dahlab v Switzerland 349 Travellers 142–3 synergies in minority protection see synergies under development Tajikistan 262–3 Tatlav v Turkey [2006] 357 Thailand 76–8 ASEAN 409 citizenship issues 420 minority issues 418–20 CRC 288 Thlimmenos v Greece [2000] 318–20, 323–4 Thornberry, Patrick 386–7 Timishev v Russia [2005] 327–8 traditional activities see culture; indigenous peoples languages see Languages Charter minorities, FCNM rights limited to 124–5 not limited to 122–4 Travellers 137, 138 lifestyle 142–3 Treaty of Amsterdam see Amsterdam Maastricht see Maastricht treaty monitoring and implementation adjudication by treaty bodies 4–6 i n de x Turkey 371 CRC 288 Cyprus v Turkey 339–40 Demokratik Kitle Partisi and Elci v Turkey 337 freedom of expression 352–8 freedom of religion 349–51 Karaduman v Turkey 350 Kose et al v Turkey 351 Leyla Sahin v Turkey 350–1 LN regime minority rights and EU 379 OSCE HCNM 90–2 protecting religious sensibilities 356–8 I.A v Turkey 357 Tatlav v Turkey 357 Refah Partisi v Turkey 336–7 reservations to CRC 289–90 to ICESCR 228–9 UDCD 213–14 UDHR African Commission 393 cultural genocide 200–1 equality and non-discrimination 127 minorities clause absent 23–5 standard human rights compared to FCNM rights 119–21 Uganda 396–7 UK 207–9 approach to scope of FCNM 124–5 ‘new minorities’, approach towards 144–5 Chapman v UK see Chapman Handyside v UK 352, 355 Kelly v UK and Jordan v UK 323–4 languages 165–6 Lindsay v UK 332 planning policies and Gypsies 319–20 reservations to ICESCR 228 Stec et al v UK 321–2 Wingrove v UK 356–7 Ukraine 135 Bulgakov v Ukraine 341–2 UMO Ilinden et al v Bulgaria [2006] 336 UN 53–5 Declaration see Declaration Guide for Minorities see WGM HCHR see UNHCHR HCR see UNHCR 459 460 i n de x UN (cont.) human rights see UNHCHR; UNHCR; UNHRCt; UNIEMI; WGM IEM see UNIEMI indigenous peoples 64 Permanent Forum and Special Rapporteur 75–6 information gathering 147 minorities issues 6–8 Security Council 273–4 Standard Minimum Rules for the Treatment of Prisoners 44–5 Treaty Bodies 6–8, 18–19, 273–4 revision of system 18–19 UNESCO 4, 4–6, 49–50, 53–5, 280 CADE 297–313 assessment and criticisms of 311–13 general provisions 299–302 minority provision 302–5 supervisory jurisdiction 305–7 CCR’s examination of minority issues 307–11: assessment of 311–13 CCR’s role 305–7 mandate in human rights field 298–9 monitoring arrangements 14–16 states reporting mechanisms 305–7 see also education UNHCHR 6–8, 46–8, 76–8, 85, 280 UNHCR 49–50, 280 UNIEMI 6–8, 81–7 country visits 16, 81–2, 92–3 joint 83–4 Declaration implementation 81–2 regional dimensions 18–19 role and structure 81–2 synergies CERD and other mandates, with 83–4 NGOs 86–7 UN system, with 84–6 MDGs 85 OAS and OIC 86 OSCE HCNM 85–6 WGM, with 82–3 see also WGM United Macedonian Organisation Ilenden-Pirin v Bulgaria [2001] 337 US 204 ‘peoples’ and self-determination 36–7 slavery 55–7 Van Raalte v The Netherlands [1997] 321–2 Venice Commission 362–3 victim requirement 42–3 i n de x Vietnam 76–8 minority issues 418–20 violence and racism 319 virulent racial discrimination 265–7 visitors 25–6 voting see participatory rights under ECHR Waldman v Canada [1999] 41–2 war crimes 206–8 trials 128–9, 191 violence, and see ethnic and religious tensions way of life, right to respect for 343–5 WGIP 51–2, 63–6, 68–9 WGM 2–8, 46–87 assessment of 79–81 assimilation 51 collective rights, reluctance on 57 country visits 16, 57–8, 92–3 Declaration 46–8 Commentary on 49–50 indigenous peoples 64 linguistic rights 62–3, 78–9 definition of minorities 58–66 Declaration, in 58–60 minority groups, problems in identifying 60–3 excluded groups 60–1 indigenous groups and minorities 63–6 ‘new minorities’ 62–3 statelessness and refugees 61–2 global mandate developed in regions 75–9 Euro-centric balance, redressing 75–6 UN Guide for Minorities 76–9 information and information sharing 16–17, 67–9, 75–6 kin state issues, not involved in 55–7 role and framework 46–8 standard-setting, synergies in 66–75 developing Declaration standards 67–8 minority standards, exploring 69–75 national decision-making 70–1 self-determination and autonomy 71–3 standards from other regimes 68–9 UN Guide for Minorities 49–50, 76–9 UN human rights regime 50–8 institutional framework and state reporting 51–2 broad-based consultation 52–3 country visits 57–8 parameters of discourse 57 461 462 i n de x WGM, UN human rights regime (cont.) participation of other human rights bodies 53–5 utility and limits of dialogue process 55–7 intra-state framework of Declaration 51 UN and problem of minorities 50 WGIP 51–3 UNIEMI see UNIEMI WHO 280 Wingrove v UK [1996] 356–7 women ASEAN policy initiatives 404–5, 407 indirect discrimination 324–6 measures only for 321–2 work religion, and 319–20 right to 236 working methods, emergence of similar 14–17 WW1 definition of minority rights after 60–1, 119–21, 189–90 national minorities, meaning of, after 123 see also LN WW2 151, 304 ethnic cleansing after 204 universal human rights after 2–4 xenophobia MoU, COE/EU 18–19 Yugoslavia, Republic of break up 4–6, 135 citizenship allocation 130–1 ICERD 258, 271–3 see also ICTY Zaire see Congo Zarb Adami v Malta [2006] 324–6 Zepa 271–3 ... Reader in Law at the University of Aberdeen School of Law SYNERGIES IN MINORITY PROTECTION European and International Law Perspectives Edited by KRISTIN HENRARD AND R O B E R T D U N B A R CAMBRIDGE. .. page intentionally left blank SYNERGIES IN MINORITY PROTECTION There has recently been a remarkable growth in standard-setting with respect to the protection of minorities in international and European. .. and to better integrating minority issues in the work of these activities and programmes However, the follow-up interagency meeting to examine ways of integrating minority issues and rights into