This document discusses various national formulas that European countries have used to accommodate ethnic and national differences. It provides examples of autonomy arrangements for nations/nationalities, national minorities, and indigenous peoples in countries like Belgium, Denmark, Finland, France, FYROM, Italy, Spain, Bosnia-Herzegovina, and the UK. These formulas include territorial autonomy, federal/confederal frameworks, cultural autonomy measures, and power sharing agreements aimed at balancing self-governance with unity.
Political Party Development: External and Internal Communication
European experiences on accommodating ethnic and national differences
1. EUROPEAN EXPERIENCES IN ACCOMMODATING
EHTNIC/NATIONAL DIFFERENCES
Presentation by Gabriel Munuera Viñals
Political Counsellor, EC Delegation to the Philippines
Conference on the “Right of Self-Determination of Peoples”
17-18 July 2007
2. PRELIMINARY CLARIFICATIONS
No theoretical ambitions
Categories based on realities on the
ground
Presentation not exhaustive
Use “ethnic/national” deliberate
Focus on EU MS + Western Balkans
Only dealing with tested formulas
Personal capacity
3. DEFINITIONS
Nation/Nationality an ethnically, linguistically or otherwise
homogeneous group demanding political power over a territory considered their
actual or ancestral land, with the ultimate aim among some or many of its
members of creating a State
National Minority numerically smaller, non-dominant group
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
and which some or many would ultimately wish to rejoin
Indigenous People Peoples in independent countries who are regarded
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
present State boundaries and who, irrespective of their legal status, retain some
or all of their own social, economic, cultural and political institutions
4. A MULTI-ETHNIC/NATIONAL EUROPE (I)
“Nations/nationalities“ [1] perceived as such by many of
their members and generally acknowledged (at least as a
well identified, culturally –in a broad sense-- distinct
groups by the States within which they find themselves):
In Spain Basques, Catalonians, Galicians
In the UK Scots, Welsh.
In France Corsicans, Brittons, Basques.
In Belgium Flemish and Wallons.
[1] There are other distinct groups whose categorization as stand-alone state-less nations would be more
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
State's "mainland" which enjoy a measure of self-rule in Europe (Azores Islands, Madeira, Faroe Islands).
5. A MULTI-ETHNIC/NATIONAL EUROPE (II)
National minorities:
In Italy German speakers in South Tyrol
In Finland Swedes
In Romania, Hungary, Slovakia, Serbia Hungarians
In the Baltic Republics and Moldova Russians
In FYROM, Serbia Albanians
In Croatia Serbs
In Greece, Bulgaria Turks
In Belgium German speakers
6. A MULTI-ETHNIC/NATIONAL EUROPE (III)
Indigenous Peoples [1]::
[1]
In Norway, Sweden and Finland Sami
In Denmark (Greenland) Greenlandic (Inuit+Greenland-born whites)
Special cases:
Throughout Europe Roma
Northern Ireland Unfinished "de-colonisation" of the Irish nation with a
"bristish" national minority or Irish national minority within the "british"
nation?
Kosovo Is there a "Kosovar" nation or an Albanian minority within
Serbia wishing to re-join the Albanian nation?
Bosnia Herzegovina a three-national state? The nation-state of the
"Bosniaks" with Croatian and Serbian national minorities?
Cyprus Is there Cypriot nation (with a Turkish national minority) or
just Cypriot Greeks and Cypriot Turks?
Switzerland A unique historical process resulting in a confederation of
cantons with four constituent "peoples" (German, French, Italian and
Romanche-speaking).
In Moldova Gagauzians (Turkic national minority of nation?)
[1] 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
7. HISTORY OF THE NATIONAL ISSUE
Main milestones:
Birth of the nation-state following the French revolution in the late
XVIII Century. Previously either Aristocratic multi-ethnic
States/Empires (Hasburg, Tsarist, Ottoman) or absolutist yet often no
less multi-ethnic States (Bourbon regimes in France or Spain) in
Europe.
German and Italian unifications in the second half of the XIX
Century.
Implosion of the Austro-Hungarian and Ottoman Empires as a result of
the first Balkan Wars and WWI.
End of the Cold War - Implosion of former Yugoslavia (triggering
what has been called the second Balkan Wars) and the Soviet Union in
the 1990s.
"Drivers"
The cultural/literary movement of Romanticism and the spread of the
Nationalism ideology during the XIX Century, resulting in political
nationalist movements/parties springing up throughout Europe in the
late XIX and early XX Centuries.
The concurrent building of nation-states via universal conscription,
modern state bureaucracies and universal education.
8. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES
Measures of cultural autonomy aimed at accommodating
fragile indigenous peoples and national minorities
Sami/Lappland, Greenland, Sud Tyrol
Territorial autonomy aimed at accommodating
nations/nationalities within existing States Scotland,
Basque Country
Federal/confederal frameworks aimed at accommodating
several peoples/nations coexisting in a State Belgium,
Bosnia-Herzegovina
Mixed frameworks FYROM/Albanians, Northern Ireland
9. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (I)
BELGIUM
Flemish, Wallons and German speakers
Constitutional reforms 1970s/1980s
Three-tiered Federation
- Federal Government exclusively responsible for justice, defence, federal
police, social security, nuclear energy, public debt and other aspects of
public finances and State-owned companies, plus substantial parts of
public health, home affairs and foreign affairs
- Regions have authority over economy, employment, agriculture, water
policy, housing, public works, energy, transport, the environment, town
and country planning, credit and foreign trade
- Linguistic communities are responsible for culture, education, linguistic
policy, health and social assistance (welfare, youth, immigrant assistance)
10. NATONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (II)
DENMARK
Greenland Greenlandic people (Scandinavian/Inuit)
1979 Greenland Home Rule Act
27-member Landsting (and 2 representatives to Folketing)
+ Landsstyre (Executive Council) headed by Lagmadure
(Prime Minister)
Full administrative responsibility for Greenland's internal
affairs (taxation, fisheries, planning, cultural affairs, nature
conservation, education, religious affairs, social welfare and
labour); DK Government authority over foreign affairs,
defence and judicial (local High Court and right of appeal to
DK High Court)
Official language Greenlandic or Inuktitut (Inuit family)
with Danish as communication language.
11. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (III)
FINLAND/NORWAY/SWEDEN
Sami/Lapps
Sami Parliaments (elected by Samis self-identification,
speaking Sami language or descendant speaker)
Finland (1996) Sami Parliament Act (1995) 21 reps
elected from Sami Domicile Area culture, language and
status as indigenous people funds from Federal budget
Sami Parliament part of Ministry Justice
Sweden (1993) Sametinslag (31 representatives)
cultural protection
Norway (1989) Saami Act (1987) ensure language
protected
12. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (IV)
FRANCE
Corsica independence movement – violent groups
Since 1991 Territorial Collectivity with two departments,
an elected Assembly, an Executive Council and an Economic,
Social and Cultural Council
Powers reinforced in 2002 (school curriculum –including
promotion Corsican language in schools--, sports and popular
culture, tourism, management local forests, management ports
and airports, hydroelectric power, local industry aid, cultural
action; shared competences on environment, agriculture,
fisheries and archeological/historical patrimony)
Plan for greater autonomy (merging two departments,
greater protection for Corsican language) failed in referendum
in 2003.
13. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (V)
FYROM
Albanian minority spill over Kosovo conflict - clashes in 2001
Lake Ohrid Agreement (NATO/EU ceasefire monitoring) 2001
__ enhanced competences of and resources to local government (78
municipalities -- urban/rural planning, environment, local finances,
education, health care, social welfare, culture, local police head chosen by
local Council)
non discrimination and equitable representation of communities in
public office, including the Constitutional Court, Ombudsman and Judicial
Council; certain constitutional amendments and laws on local government,
education, culture approved by qualified majority ensuring accord non-
Macedonian representatives
Macedonian official language throughout country and for international
relations, but any language spoken by at least 20% also official, in
education (primary, secondary and support for University level),
administration and judiciary.
14. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (VI)
ITALY
Sud Tyrol German speakers clashes 1960s
1972 Statute of Autonomy (Region Trentino/Sud Tyrol)
Powers devolved at Regional and Provincial Levels
Sud-Tyrol special provisions on language (strict official
bilingualism and trilingualism in Ladin-speaking areas),
schools, culture and ethnic proportions on employment
(proportionality principle in public employment); budgetary
freedom on its expenditures (can keep 90% of tax revenue
collected by the State) but few powers on taxation
15. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (VII)
FINLAND
Aland Islands (populated by Swedes)
"Autonomy Act" (1951)
Swedish only official language
Aland "citizenship" (Aland traditional residents or non-Aland Finns
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 participate in Finnish politics but are exempted from military
service
Ladsting legislating in all matters affecting the islands (55 inhabited,
total 6,554), including culture, health, education, housing and social
welfare, public order, and with the exception of constitutional law, foreign
relations, general taxes and payments, criminal and most civil law,
judiciary, social insurance and transport Aland Executive Authority and
Chief Minister (plus Governor representing the Finnish President and
Aland Island Commission; can levy taxes on income while national
authorities levy national taxes and customs on Aland, but 0.45% remain on
the islands
16. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (VIII)
SPAIN
Basque Country independence movement and terrorist
violence
Spanish constitution of 1978 – “Autonomias”
"Estatuto de Gernika" (1979)
Basque Autonomous Community (three provinces and open
to Navarra) -- Euskera co-official with Spanish/Castillian –
Autonomous Institutions (Parliament, Government, enshrines
pre-existing Juntas Generales/Diputaciones Forales) –
exclusive competences (notably education, health) and mixed
ones, including tax collection (except Customs), Judiciary
(right to appeal to Spanish Supreme Court), law and order
(except for borders), with some legislative capacity to legislate
in those areas.
17. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (IX)
BOSNIA-HERZEGOVINA
Bosniaks, Croats and Serbs War 1992-1995
1995 Dayton Peace Accords
Three Constituent Peoples
Two Entities (FBH and RS) and Special District of Brcko
FBH 10 Cantons
74 municipalities and 4 cities
Power sharing in executive/legislative
Unitary Constitutional Court, Military, Indirect Taxation
Authority and State Custom Service
High Representative
18. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (X)
UNITED KINGDOM
Scotland traditionally strong national identity
1998 Scotland Act: Scottish Parliament and First Minister,
responsibility for health, education, local government, social work,
economic development, law and home affairs (including most civil and
criminal law and criminal law and criminal justice), environment,
agriculture, sports and statistics
Scottish Parliament limited power to vary income tax (tartan tax)
UK (Secretary of State of Scotland) keeps powers relating to foreign
policy, defence and national security, economic stability, common markets
of UK goods, employment legislation, social security and most aspects of
transport safety regulations
19. NATIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (XI)
UNITED KINGDOM
Northern Ireland Catholic/Irish vs Protestant/British “Troubles”
(1970s – 2005)
: 1998 Good Friday Agreement:
Northern Ireland Assembly with devolved powers –education, health and agriculture with
policing possible in future-; cross community principle for major decisions; "power sharing"
Norther Ireland Executive with Ministers allocated proportionally to major parties;
North-South Ministerial Council and North-South Implementation Bodies on cross border
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)
to discuss areas of common concern;
early release within two years of paramilitary members of organisations observing
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
redundant UK army bases; Police reform;
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
people of NIreland to identify themselves and be accepted as Irish or British, or both (right to
hold both British and Irish citizenship)
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
inspectors certify the full decommissioning of arms
power sharing between Sinn Fein and Democratic Ulster Party resumed on 8 May 2007.
20. REGIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (I)
EUROPEAN UNION
Committee of the Regions (consultative body on EU legislation, composed of
representatives from regions of MS)
Copenhaguen Criteria (Respect for and protection of national minority
groups)
Charter of Fundamental Rights (right to non discrimination on ethnic,
linguistic or religious grounds and rights to respect for ethnic, linguistic or
religious diversity).
Amsterdam Treaty (TEC, Art. 13) the European Union is empowered to
take appropriate action to combat discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation.
EC instruments
Directives 2000/48/EC and 2000/78/EC prohibiting direct or indirect
discrimination on grounds of racial or ethnic origin, religion or belief,
disability, age or sexual orientation.
Action Programme to Combat Discrimination (2001-2006)
PROGRESS Programme (2004) – Community Programme for
Employment and Social Solidarity
High Level Advisory Group on Social Integration of Ethnic Minorities and
their Full Participation in the Labour Markets (2006)
21. REGIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (II)
OSCE
High Commissioner for National Minorities Thematic
recommendations (education and linguistic rights, participation in
public life, Roma/Sinti)
1990 Copenhagen Document (Meeting of the Conference on the
Human Dimension) requires participating States to take measures
respect the rights of persons belonging to national minorities to
effective participation in public affairs"…"protect the ethnic, cultural,
linguistic and religious identity of national minorities on their territory
and create conditions for the promotion of that identity", and
specifically to protect Roma and others against "any acts that constitute
incitement to violence" and against "threats or acts of discrimination,
hostility or violence"…"
Contact Point for Roma and Sinti Issues in the Office for
Democratic Institutions and Human Rights (1998)
22. REGIONAL FORMULAS TO ACCOMMODATE
ETHNIC/NATIONAL DIFFERENCES (III)
COUNCIL OF EUROPE
• Framework Convention for the Protection of National
Minorities (1994) non discrimination; promotion of
effective equality; promotion of conditions regarding the
preservation of religion, language and traditions; freedoms of
assembly, association, expression, thought, conscience and
religion; access to and use of media; linguistic freedoms (use
minority language in private and public and before
administrative authorities); learning and instruction in
minority language; trans-frontier contacts and cooperation;
participation in economic, cultural and social life of country;
participation in public life; and prohibition of forced
assimilation.
• Some of those provisions already under European Convention
on Human Rights and European Court of Human Rights
23. HAVE THESE FORMULAS ACCOMMODATED
ETHNIC/NATIONAL DIFFERENCES?
Mixed record, in some cases tension/violence continues
In some cases territorial autonomy has contributed to
polarization
Territorial autonomy no panacea, works best when goal of
minority group not secession
Cultural autonomy and local self-rule may be best instrument
for addressing perceived discrimination of national minorities,
but insufficient when dealing with territory-based self-
perceived nations/nationalities
Multiculturalism education and economic development as best
ways forward?
Ethnic/national differences cannot be solved, only managed