International

International

Protection

Protection

of Minorities

of Minorities

International

International

Protection

Protection

of Minorities

of Minorities

Vassilios Grammatikas, LLM,

Vassilios Grammatikas, LLM,

PhD

PhD

Assistant Professor of International

Assistant Professor of International

Law

Law

Democritus University of Thrace

Democritus University of Thrace

Komotini, Greece

Komotini, Greece

Vassilios Grammatikas, LLM,

Vassilios Grammatikas, LLM,

PhD

PhD

Assistant Professor of International

Assistant Professor of International

Law

Law

Democritus University of Thrace

Democritus University of Thrace

Komotini, Greece

Komotini, Greece

Early protection of Human

Early protection of Human

Rights

Rights

Early protection of Human

Early protection of Human

Rights

Rights

•

Traces of Human rights provisions

Traces of Human rights provisions

since antiquity

since antiquity

–

Hammurabi Code (Assyria, 2200 BC)

Hammurabi Code (Assyria, 2200 BC)

–

Thucydides (Mortuary of Pericles, 431 BC

Thucydides (Mortuary of Pericles, 431 BC

(Freedom of expression, political freedom)

(Freedom of expression, political freedom)

–

Ancient Rome -

Ancient Rome -

Pax Romana

Pax Romana

(Political equality of all Roman citizens)

(Political equality of all Roman citizens)

•

No particular reference to specific

No particular reference to specific

groups but rather to individual rights

groups but rather to individual rights

•

Limited scope / Limited application

Limited scope / Limited application

•

Traces of Human rights provisions

Traces of Human rights provisions

since antiquity

since antiquity

–

Hammurabi Code (Assyria, 2200 BC)

Hammurabi Code (Assyria, 2200 BC)

–

Thucydides (Mortuary of Pericles, 431 BC

Thucydides (Mortuary of Pericles, 431 BC

(Freedom of expression, political freedom)

(Freedom of expression, political freedom)

–

Ancient Rome -

Ancient Rome -

Pax Romana

Pax Romana

(Political equality of all Roman citizens)

(Political equality of all Roman citizens)

•

No particular reference to specific

No particular reference to specific

groups but rather to individual rights

groups but rather to individual rights

•

Limited scope / Limited application

Limited scope / Limited application

Evolution of Human Rights

Evolution of Human Rights

Evolution of Human Rights

Evolution of Human Rights

•

Magna Carta

Magna Carta

(1215)

(1215)

–

Equality before the law

Equality before the law

–

Right to property

Right to property

–

Some elements of religious freedom

Some elements of religious freedom

•

Declaration of American Independence

Declaration of American Independence

(1776)

(1776)

•

American “Bill of Rights” (1791)

American “Bill of Rights” (1791)

•

French Declaration of the Rights of Man and

French Declaration of the Rights of Man and

Citizen (1789)

Citizen (1789)

–

Very influential texts

Very influential texts

–

Recognition of the human dignity as basis for a

Recognition of the human dignity as basis for a

series of more specialized rights

series of more specialized rights

•

Magna Carta

Magna Carta

(1215)

(1215)

–

Equality before the law

Equality before the law

–

Right to property

Right to property

–

Some elements of religious freedom

Some elements of religious freedom

•

Declaration of American Independence

Declaration of American Independence

(1776)

(1776)

•

American “Bill of Rights” (1791)

American “Bill of Rights” (1791)

•

French Declaration of the Rights of Man and

French Declaration of the Rights of Man and

Citizen (1789)

Citizen (1789)

–

Very influential texts

Very influential texts

–

Recognition of the human dignity as basis for a

Recognition of the human dignity as basis for a

series of more specialized rights

series of more specialized rights

Group Protection

Group Protection

Group Protection

Group Protection

•

Early texts on HR

Early texts on HR





no specific reference to

no specific reference to

groups

groups

•

Some early attempts at protecting specific groups

Some early attempts at protecting specific groups

–

1606 Treaty between Hungary and Transylvania

1606 Treaty between Hungary and Transylvania





freedom of religion for protestant minority in Transylvania

freedom of religion for protestant minority in Transylvania

–

Treaty of Westphalia (1648)

Treaty of Westphalia (1648)

•

Extremely important document

Extremely important document

•

religious freedom for protestants of Germany equally with

religious freedom for protestants of Germany equally with

Roman Catholics

Roman Catholics

–

Treaty of Nijmegen (France – Netherlands, 1678)

Treaty of Nijmegen (France – Netherlands, 1678)

•

Freedom of religion for Catholics living in territories ceded by

Freedom of religion for Catholics living in territories ceded by

France to the Netherlands

France to the Netherlands

–

Treaty of Tientsin (Great Britain – China, 1858)

Treaty of Tientsin (Great Britain – China, 1858)

•

Protection of Christian sects in China

Protection of Christian sects in China

–

Treaty of Berlin (1878)

Treaty of Berlin (1878)

•

Recognition of Bulgaria and Romania conditional upon their

Recognition of Bulgaria and Romania conditional upon their

treatment of minorities

treatment of minorities

•

Early texts on HR

Early texts on HR





no specific reference to

no specific reference to

groups

groups

•

Some early attempts at protecting specific groups

Some early attempts at protecting specific groups

–

1606 Treaty between Hungary and Transylvania

1606 Treaty between Hungary and Transylvania





freedom of religion for protestant minority in Transylvania

freedom of religion for protestant minority in Transylvania

–

Treaty of Westphalia (1648)

Treaty of Westphalia (1648)

•

Extremely important document

Extremely important document

•

religious freedom for protestants of Germany equally with

religious freedom for protestants of Germany equally with

Roman Catholics

Roman Catholics

–

Treaty of Nijmegen (France – Netherlands, 1678)

Treaty of Nijmegen (France – Netherlands, 1678)

•

Freedom of religion for Catholics living in territories ceded by

Freedom of religion for Catholics living in territories ceded by

France to the Netherlands

France to the Netherlands

–

Treaty of Tientsin (Great Britain – China, 1858)

Treaty of Tientsin (Great Britain – China, 1858)

•

Protection of Christian sects in China

Protection of Christian sects in China

–

Treaty of Berlin (1878)

Treaty of Berlin (1878)

•

Recognition of Bulgaria and Romania conditional upon their

Recognition of Bulgaria and Romania conditional upon their

treatment of minorities

treatment of minorities

Development of Minority

Development of Minority

Protection

Protection

Development of Minority

Development of Minority

Protection

Protection

•

Treatment of minority populations by the

Treatment of minority populations by the

Ottoman Empire: one of basic reasons for the

Ottoman Empire: one of basic reasons for the

outbreak of the Balkan Wars

outbreak of the Balkan Wars

•

WW I brought about the collapse of

WW I brought about the collapse of

–

Austro-Hungarian Empire

Austro-Hungarian Empire

–

German Empire

German Empire

–

Ottoman Empire

Ottoman Empire

–

Also collapse of Russian Empire

Also collapse of Russian Empire

•

Results

Results

–

Creation of many new states

Creation of many new states

–

large groups found within states alien and –in

large groups found within states alien and –in

most cases- hostile

most cases- hostile

•

Treatment of minority populations by the

Treatment of minority populations by the

Ottoman Empire: one of basic reasons for the

Ottoman Empire: one of basic reasons for the

outbreak of the Balkan Wars

outbreak of the Balkan Wars

•

WW I brought about the collapse of

WW I brought about the collapse of

–

Austro-Hungarian Empire

Austro-Hungarian Empire

–

German Empire

German Empire

–

Ottoman Empire

Ottoman Empire

–

Also collapse of Russian Empire

Also collapse of Russian Empire

•

Results

Results

–

Creation of many new states

Creation of many new states

–

large groups found within states alien and –in

large groups found within states alien and –in

most cases- hostile

most cases- hostile

League of Nations (LoN)

League of Nations (LoN)

System

System

League of Nations (LoN)

League of Nations (LoN)

System

System

•

Did not adopt a universal minority rights

Did not adopt a universal minority rights

approach (premature ?)

approach (premature ?)

•

Specific protection afforded to certain

Specific protection afforded to certain

groups through a variety of instruments:

groups through a variety of instruments:



Ad hoc minority treaties

Ad hoc minority treaties



Allied powers with

Allied powers with

Poland

Poland

(1919)

(1919)



Allied powers with

Allied powers with

Czechoslovakia

Czechoslovakia

(1919)

(1919)



Allied powers with

Allied powers with

Kingdom of Serbs-Croats-

Kingdom of Serbs-Croats-

Slovenes

Slovenes

(1919)

(1919)



Allied powers with

Allied powers with

Romania

Romania

(1919)

(1919)



Allied powers with

Allied powers with

Greece

Greece

(1920)

(1920)

•

Did not adopt a universal minority rights

Did not adopt a universal minority rights

approach (premature ?)

approach (premature ?)

•

Specific protection afforded to certain

Specific protection afforded to certain

groups through a variety of instruments:

groups through a variety of instruments:



Ad hoc minority treaties

Ad hoc minority treaties



Allied powers with

Allied powers with

Poland

Poland

(1919)

(1919)



Allied powers with

Allied powers with

Czechoslovakia

Czechoslovakia

(1919)

(1919)



Allied powers with

Allied powers with

Kingdom of Serbs-Croats-

Kingdom of Serbs-Croats-

Slovenes

Slovenes

(1919)

(1919)



Allied powers with

Allied powers with

Romania

Romania

(1919)

(1919)



Allied powers with

Allied powers with

Greece

Greece

(1920)

(1920)

League of Nations (LoN)

League of Nations (LoN)

System

System

League of Nations (LoN)

League of Nations (LoN)

System

System



Peace Treaties

Peace Treaties

(also containing minority clauses)

(also containing minority clauses)



Peace Treaty with Austria (1919, Art. 62-69)

Peace Treaty with Austria (1919, Art. 62-69)



Peace Treaty with Bulgaria (1919, Art. 49-57)

Peace Treaty with Bulgaria (1919, Art. 49-57)



Peace Treaty with Hungary (1920, Art. 54-60)

Peace Treaty with Hungary (1920, Art. 54-60)



Treaty of Lausanne (Greece-Turkey, 1923, Art. 39-45)

Treaty of Lausanne (Greece-Turkey, 1923, Art. 39-45)



Other international Treaties

Other international Treaties



Agreement between Sweden & Finland on the Aaland

Agreement between Sweden & Finland on the Aaland

islands (1921)

islands (1921)



Convention between Poland and the Free City of Danzig

Convention between Poland and the Free City of Danzig

(1920)

(1920)



Convention between Germany & Poland on Upper Silesia

Convention between Germany & Poland on Upper Silesia

(1922)

(1922)



Multilateral Convention on the Territory of Memel (1924)

Multilateral Convention on the Territory of Memel (1924)



Peace Treaties

Peace Treaties

(also containing minority clauses)

(also containing minority clauses)



Peace Treaty with Austria (1919, Art. 62-69)

Peace Treaty with Austria (1919, Art. 62-69)



Peace Treaty with Bulgaria (1919, Art. 49-57)

Peace Treaty with Bulgaria (1919, Art. 49-57)



Peace Treaty with Hungary (1920, Art. 54-60)

Peace Treaty with Hungary (1920, Art. 54-60)



Treaty of Lausanne (Greece-Turkey, 1923, Art. 39-45)

Treaty of Lausanne (Greece-Turkey, 1923, Art. 39-45)



Other international Treaties

Other international Treaties



Agreement between Sweden & Finland on the Aaland

Agreement between Sweden & Finland on the Aaland

islands (1921)

islands (1921)



Convention between Poland and the Free City of Danzig

Convention between Poland and the Free City of Danzig

(1920)

(1920)



Convention between Germany & Poland on Upper Silesia

Convention between Germany & Poland on Upper Silesia

(1922)

(1922)



Multilateral Convention on the Territory of Memel (1924)

Multilateral Convention on the Territory of Memel (1924)

League of Nations (LoN)

League of Nations (LoN)

System

System

League of Nations (LoN)

League of Nations (LoN)

System

System



Unilateral Declarations of States

Unilateral Declarations of States

as a precondition for their admission

as a precondition for their admission

to the LoN

to the LoN



Declaration of Albania (1921)

Declaration of Albania (1921)



Declaration of Lithuania (1922)

Declaration of Lithuania (1922)



Declaration of Latvia (1923)

Declaration of Latvia (1923)



Declaration of Estonia (1923)

Declaration of Estonia (1923)



declaration of Iraq (1932)

declaration of Iraq (1932)



Unilateral Declarations of States

Unilateral Declarations of States

as a precondition for their admission

as a precondition for their admission

to the LoN

to the LoN



Declaration of Albania (1921)

Declaration of Albania (1921)



Declaration of Lithuania (1922)

Declaration of Lithuania (1922)



Declaration of Latvia (1923)

Declaration of Latvia (1923)



Declaration of Estonia (1923)

Declaration of Estonia (1923)



declaration of Iraq (1932)

declaration of Iraq (1932)

League of Nations (LoN)

System

League of Nations (LoN)

System

•

Overall failure of the system

Overall failure of the system

Reasons:

Reasons:



Absence of enforcement mechanism by the

Absence of enforcement mechanism by the

LoN (individual treaty approach forbade the

LoN (individual treaty approach forbade the

institutional intervention of the LoN organs)

institutional intervention of the LoN organs)



Use of minorities as instruments for the

Use of minorities as instruments for the

pursue of aggressive policies by nazis

pursue of aggressive policies by nazis



Minority protection system confined to the

Minority protection system confined to the

geographic borders of Europe

geographic borders of Europe



Case by Case approach left aside many

Case by Case approach left aside many

minorities which were not protected at all,

minorities which were not protected at all,

thus creating double standards

thus creating double standards

•

Overall failure of the system

Overall failure of the system

Reasons:

Reasons:



Absence of enforcement mechanism by the

Absence of enforcement mechanism by the

LoN (individual treaty approach forbade the

LoN (individual treaty approach forbade the

institutional intervention of the LoN organs)

institutional intervention of the LoN organs)



Use of minorities as instruments for the

Use of minorities as instruments for the

pursue of aggressive policies by nazis

pursue of aggressive policies by nazis



Minority protection system confined to the

Minority protection system confined to the

geographic borders of Europe

geographic borders of Europe



Case by Case approach left aside many

Case by Case approach left aside many

minorities which were not protected at all,

minorities which were not protected at all,

thus creating double standards

thus creating double standards

UN Period

UN Period

UN Period

UN Period

•

Initial efforts by the victorious powers to …

Initial efforts by the victorious powers to …

eliminate the minority issue in Europe

eliminate the minority issue in Europe

–

estimated 14 mil. Ethnic Germans forced to leave

estimated 14 mil. Ethnic Germans forced to leave

their homelands

their homelands

•

UN Charter did not address the issue at all

UN Charter did not address the issue at all

•

Initial view that protection of minorities could

Initial view that protection of minorities could

be effectively accomplished within the universal

be effectively accomplished within the universal

HR system

HR system

–

Art. 68 of the Charter created the Commission for

Art. 68 of the Charter created the Commission for

Human Rights (CHR)

Human Rights (CHR)

•

Quickly recognized that minorities should be

Quickly recognized that minorities should be

given special attention

given special attention





1947 CHR founded

1947 CHR founded

the

the

Sub-Commission on the prevention of

Sub-Commission on the prevention of

discrimination and protection of minorities

discrimination and protection of minorities

•

Very few developments (if any) until the late

Very few developments (if any) until the late

80’s

80’s

•

Initial efforts by the victorious powers to …

Initial efforts by the victorious powers to …

eliminate the minority issue in Europe

eliminate the minority issue in Europe

–

estimated 14 mil. Ethnic Germans forced to leave

estimated 14 mil. Ethnic Germans forced to leave

their homelands

their homelands

•

UN Charter did not address the issue at all

UN Charter did not address the issue at all

•

Initial view that protection of minorities could

Initial view that protection of minorities could

be effectively accomplished within the universal

be effectively accomplished within the universal

HR system

HR system

–

Art. 68 of the Charter created the Commission for

Art. 68 of the Charter created the Commission for

Human Rights (CHR)

Human Rights (CHR)

•

Quickly recognized that minorities should be

Quickly recognized that minorities should be

given special attention

given special attention





1947 CHR founded

1947 CHR founded

the

the

Sub-Commission on the prevention of

Sub-Commission on the prevention of

discrimination and protection of minorities

discrimination and protection of minorities

•

Very few developments (if any) until the late

Very few developments (if any) until the late

80’s

80’s

International Protection of

International Protection of

Minorities

Minorities

International Protection of

International Protection of

Minorities

Minorities

ICCPR (1966), Art. 27

ICCPR (1966), Art. 27

«

«

In those

In those

states in which

states in which

ethnic, religious

ethnic, religious

or linguistic minorities

or linguistic minorities

exist

exist

,

,

persons

persons

belonging to such minorities

belonging to such minorities

shall not be

shall not be

denied

denied

the right, in community with the

the right, in community with the

other members of their group, to enjoy

other members of their group, to enjoy

their own culture, profess and practice

their own culture, profess and practice

their own religion, or to use their own

their own religion, or to use their own

language

language

»

»

ICCPR (1966), Art. 27

ICCPR (1966), Art. 27

«

«

In those

In those

states in which

states in which

ethnic, religious

ethnic, religious

or linguistic minorities

or linguistic minorities

exist

exist

,

,

persons

persons

belonging to such minorities

belonging to such minorities

shall not be

shall not be

denied

denied

the right, in community with the

the right, in community with the

other members of their group, to enjoy

other members of their group, to enjoy

their own culture, profess and practice

their own culture, profess and practice

their own religion, or to use their own

their own religion, or to use their own

language

language

»

»

International Protection of

International Protection of

Minorities

Minorities

International Protection of

International Protection of

Minorities

Minorities

ICCPR (1966), Art. 27

ICCPR (1966), Art. 27

•

The only minority clause of universal,

The only minority clause of universal,

legal application until now

legal application until now

•

Existence of minorities subject to

Existence of minorities subject to

individual assessment on behalf of states

individual assessment on behalf of states

•

Only “negative” rights covered

Only “negative” rights covered

•

Weak protection mechanism through the

Weak protection mechanism through the

HRC – individual communications

HRC – individual communications

•

states tend to conform with the

states tend to conform with the

decisions

decisions

ICCPR (1966), Art. 27

ICCPR (1966), Art. 27

•

The only minority clause of universal,

The only minority clause of universal,

legal application until now

legal application until now

•

Existence of minorities subject to

Existence of minorities subject to

individual assessment on behalf of states

individual assessment on behalf of states

•

Only “negative” rights covered

Only “negative” rights covered

•

Weak protection mechanism through the

Weak protection mechanism through the

HRC – individual communications

HRC – individual communications

•

states tend to conform with the

states tend to conform with the

decisions

decisions

Legal instruments for minority

Legal instruments for minority

Protection

Protection

Legal instruments for minority

Legal instruments for minority

Protection

Protection

•

Council of Europe: Most active in this

Council of Europe: Most active in this

area

area

•

1992 European Charter for Regional

1992 European Charter for Regional

and Minority Languages (ETS 148)

and Minority Languages (ETS 148)

•

1995 Framework Convention for the

1995 Framework Convention for the

Protection of National Minorities

Protection of National Minorities

(ETS 157)

(ETS 157)

•

Council of Europe: Most active in this

Council of Europe: Most active in this

area

area

•

1992 European Charter for Regional

1992 European Charter for Regional

and Minority Languages (ETS 148)

and Minority Languages (ETS 148)

•

1995 Framework Convention for the

1995 Framework Convention for the

Protection of National Minorities

Protection of National Minorities

(ETS 157)

(ETS 157)

Political Undertakings

Political Undertakings

Political Undertakings

Political Undertakings

CSCE / OSCE

CSCE / OSCE

•

1995: High Commissioner for national

1995: High Commissioner for national

minorities

minorities

•

1992: Copenhagen document (and follow-up)

1992: Copenhagen document (and follow-up)

European Union

European Union

•

1993 Copenhagen criteria including protection

1993 Copenhagen criteria including protection

of minorities on behalf of the candidate state

of minorities on behalf of the candidate state





subject to evaluation by EU organs / individual

subject to evaluation by EU organs / individual

states

states

•

No institutional framework for the protection of

No institutional framework for the protection of

minorities in EU

minorities in EU

CSCE / OSCE

CSCE / OSCE

•

1995: High Commissioner for national

1995: High Commissioner for national

minorities

minorities

•

1992: Copenhagen document (and follow-up)

1992: Copenhagen document (and follow-up)

European Union

European Union

•

1993 Copenhagen criteria including protection

1993 Copenhagen criteria including protection

of minorities on behalf of the candidate state

of minorities on behalf of the candidate state





subject to evaluation by EU organs / individual

subject to evaluation by EU organs / individual

states

states

•

No institutional framework for the protection of

No institutional framework for the protection of

minorities in EU

minorities in EU