Authors:Ben Saul First page: 1 Abstract: Source: Volume 15, Issue 01, pp 1 - 22Members of minority groups have historically been both victims and perpetrators of terrorism. This article examines how international and national legal controls on terrorism have addressed or impacted upon members of minority groups. In particular, it identifies three key areas in which legal questions arise: (1) the extent to which terrorism laws protect minorities (which is principally a question of the definition of terrorism, particularly ‘motive’ elements); (2) how terrorism laws apply to—or exempt—members of minorities who perpetrate terrorism (which concerns both definition and exceptions to definitions); and (3) how counter-terrorism laws differentially or disproportionately impact on minorities (which concerns definition as well as over-policing). PubDate: 2018-02-10T00:00:00Z
Authors:Serena D’Agostino First page: 23 Abstract: Source: Volume 15, Issue 01, pp 23 - 49Inspired by existing literature on the Europeanization of social movements, this study asks whether, and to what extent, the political opportunity structures (POS) for collective action created by the European Union contribute to intersectional mobilization. In particular, it investigates whether the EU integration process determines (political) advantages for domestic (intersectional) political actors, or rather facilitates their marginalization from mainstream political agendas. Do emerging forms of activism at intersections have access to a broader or a more limited range of EU-driven opportunities' To answer this question, this work uses Romani women’s activism in Romania as a case-study. Specifically, it identifies a set of EU-driven POS for Romani women advocates and uses (political) intersectionality as an innovative analytical tool to explore them. Empirical analysis employs data collected through semi-structured interviews with Romanian institutional and non-institutional political actors carried out in 2015. Findings show that although the EU contributes to produce an intersectional political advantage for Romani women activists (e.g. by facilitating their access to the resources available under different policy regimes), it nonetheless hinders the development of their intersectional political agenda by fostering single-strand policies and discouraging grassroots political action. PubDate: 2018-02-10T00:00:00Z
Authors:Mariya Riekkinen First page: 51 Abstract: Source: Volume 15, Issue 01, pp 51 - 89From the perspective of the rights of minorities in Europe, this section overviews international developments concerning economic and socio-cultural entitlements, including those related to education and the media. It is thematically structured around two clusters related to the minority rights: (a) cultural activities and facilities, including the media; and (b) economic and social life, including education, which are covered by the provisions of the European Charter for Regional and Minority Languages (ETS. No. 148). This review starts with an analysis of the 2016 developments at the UN level, and continues with an overview of advancements at the levels of the OSCE, the EU, and the Council of Europe. The adoption of the Thematic Commentary No. 4 “The Scope of Application of the Framework Convention for the Protection of National Minorities” by the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) is among the most important highlights. PubDate: 2018-02-10T00:00:00Z
Authors:Sarah Stephan First page: 90 Abstract: Source: Volume 15, Issue 01, pp 90 - 112This article provides an overview of the international developments in 2016 that took place under the auspices of the United Nations (UN), the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe (CoE), and the European Union (EU), with a thematic focus on participation, citizenship and transfrontier exchanges. It aims to capture some of the key developments and trends during this period. PubDate: 2018-02-10T00:00:00Z
Authors:Noemi Nagy First page: 113 Abstract: Source: Volume 15, Issue 01, pp 113 - 147This article overviews the 2016 developments concerning the status and rights of European minorities with respect to administrative and judicial proceedings, with special focus on language rights. The longest section of the article is devoted to the activities of the Council of Europe, including the case-law of the European Court of Human Rights and the implementation of the European Charter for Regional and Minority Languages, as well as the Framework Convention for the Protection of National Minorities. Furthermore, the relevant legal developments in the activities of the United Nations, the Organization for Security and Cooperation in Europe and the European Union are presented. PubDate: 2018-02-10T00:00:00Z
Authors:Marguerite Marlin; Antony Butts First page: 149 Abstract: Source: Volume 15, Issue 01, pp 149 - 168Decentralization in Ukraine—a key part of the Minsk 2 peace deal and EU recommendations—has only been implemented half way. Ukraine’s progress in the realm of territorial decentralization and judicial reform in 2016 holds promise for improving the autonomy of communities and reducing corruption. However, it falls short in meeting the kind of in-depth of decentralization beyond the community level that would facilitate reintegration of the separatist-held regions of the Donbass with the rest of the country. We examine two proposals that came forward in 2016 that would seek to address some aspects of this—one laying the ground work for reintegration through regional elections and measures aimed at stemming violence, and the other aimed at further rooting out corruption. Aside from details of developments, we look at the non-legislative aspects of reintegration (oligarchic relationships and various international and non-state actors) and how reintegration affects them. PubDate: 2018-02-10T00:00:00Z
Authors:Sarah Hackett First page: 169 Abstract: Source: Volume 15, Issue 01, pp 169 - 181This article uses the Brexit vote and the burkini ban to assess and explore debates on immigration and minority communities in Britain and France. Drawing upon both the historical context, and recent and contemporary developments, it discusses perceptions regarding there being ‘too many’ immigrants, and Islam and Muslims specifically, as well as the character and tone of the political and public deliberations on these topics in both countries. In doing so, it offers an insight into two of the most contentious episodes of Europe’s 2016 debate on immigration and minorities. PubDate: 2018-02-10T00:00:00Z
Authors:Adrian H. Zeqiri First page: 182 Abstract: Source: Volume 15, Issue 01, pp 182 - 193This article provides an overview of major developments that marked 2016 concerning ethnic issues in Kosovo. Particular attention is given to the actions of Srpska Lista (Serb List), Kosovo’s largest Serb party, as well as to the planned Association/Community of Serb-Majority Municipalities. There is also discussion of interethnic tensions and violence and of the controversy surrounding the lead poisoning of Roma, Ashkali and Egyptian residents of UN Interim Administration in Kosovo (UNMIK) camps in Mitrovica. The article finishes with a summary of the year’s positive developments and reflections on the potential for the future. It is concluded that despite major obstacles, incremental progress is being made in interethnic relations and, particularly, in the integration of Serbs into the Kosovar state. PubDate: 2018-02-10T00:00:00Z
Authors:Elisabeth Alber; Marc Röggla Vera Ohnewein First page: 194 Abstract: Source: Volume 15, Issue 01, pp 194 - 225The article compares deliberative practices within the two constituent units of the Italian Autonomous Region of Trentino-South Tyrol: the Autonomous Province of Bolzano/Bozen (South Tyrol) and the Autonomous Province of Trento (Trentino). South Tyrol’s ‘Autonomy Convention’ and Trentino’s ‘Consulta’ are consultative processes that are differently structured but have the same aim: the elaboration of proposals as to the revision of the region’s basic law, the Autonomy Statute of 1972. The article highlights differences in structures and procedures of both deliberative practices and it gives evidence on the implications such differences have in the respective sociopolitical contexts. Unlike Trentino, South Tyrol is characterized by a power-sharing system between its major language groups, German- and Italian speakers; some special rules also apply to the third language group, the Ladins. The argument developed is that, in South Tyrol, the successful settlement of conflict by means of consociational arrangements favoured the institutionalization of deliberative practices. However, the same arrangements pose challenges to deliberative practices. The article contributes to the emerging literature on pitfalls and potential of deliberative practices implemented in multilingual and divided societies. PubDate: 2018-02-10T00:00:00Z
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