25.10.2021. » 11:14
OP-ED Minority rights - Elvis Berisha
Protection of minority rights is one of the most sensitive topics in democratic societies. Although the rights of national minorities are most frequently discussed, it should not be forgotten that there are many other minority groups such as linguistic, religious, sexual, racial, ethnic, and others.
Protection of minority rights is one of the most sensitive topics in democratic societies. Although the rights of national minorities are most frequently discussed, it should not be forgotten that there are many other minority groups such as linguistic, religious, sexual, racial, ethnic, and others.
When we talk about minorities, it is necessary to emphasize that there is no generally accepted definition of a minority. What’s more, there is no international instrument (neither rational nor universal) that contains a definition of a minority. When it comes to minority rights, these rights should not be understood as a "special" type of rights because those rights are the only means by which minority communities exercise their rights. Patrick Thornberry believes that, when it comes to minorities, the only opinion is that there is no general definition. However, I would single out Francesco Capotorie's one: “A group numerically inferior to the rest of the population of a state, whose members possess ethnic, religious or linguistic characteristics differing from the rest of the population and show, if only implicitly, a sense of solidarity directed towards preserving their culture, traditions, religion or language.” One of the first comprehensive systems of protection of minority rights was introduced after World War I, by establishing the League of Nations. However, such a relatively comprehensive system of protection had its shortcomings. It did not define a minority and did not include all states. Nevertheless, several positive elements emerged from this system of protection: the thesis switched from religious to ethnic and national minorities, and the range of rights expanded. The international community for the first time became the guarantor of the exercise of rights. The States had to ensure full equality and further survival of minorities in the form of constitutional norms and commitments were considered international (the International Court of Justice was in charge in case of disputes). Minorities were protected as a group. After World War II, the concept of human rights protection completely changed. The key document was the UN Charter. The word "minority" was neglected, and the emphasis was placed on the principle of universal respect for human beings and free equality of persons and non-discrimination, assuming that the protection of the minorities could be achieved through the regular implementation of these principles. Although the issue of minorities concerns the whole world, this question has largely imposed itself in the public sphere in Europe and became a very important political and legislative issue. Euro-Atlantic organizations (NATO, EU) have set the candidate countries a condition to respect minority rights. The control of the position of minorities was performed by The Organization for Security and Co-operation in Europe (OSCE) through the institution of The High Commissioner on National Minorities (HCNM), established in 1992. Some of the key documents of the European Council related to the protection of minority rights are a) European Convention for the Protection of Human Rights and Fundamental Freedoms (1950). b) European Charter for Regional and Minority Languages (1992). c) Framework Convention for the Protection of National Minorities (1995). e) The Copenhagen Document (ratified by the OSCE). One of the most significant documents mentioned is the Framework Convention for the Protection of National Minorities. It hinders all forms of discrimination and violent assimilation finds the improvement of the conditions necessary for the preservation and development of the culture of persons belonging to national minorities and emphasizes maintenance of the necessary elements of their identity (religion, relations, and cultural heritage). It guarantees the use of language, the broadcasting of radio and TV programs and encourages the participation of national minorities in public life.
However, the term "minority" in Kosovo has a different connotation than usual. In many cases, members of these groups have little interest in being treated as a minority, given their most vital needs, i.e. the right to life, use of mother tongue, nurturing culture and religion. The Constitution of Kosovo, the highest legal act, defines Kosovo as a multiethnic society consisting of Albanian and other communities. The same article of the Constitution also emphasizes the principles of equality and protection of the rights and participation of all communities and their members (Constitution of Kosovo 2008).
When it comes to minority rights in Kosovo, Kosovo lags behind the full integration of minorities into the country's political, social, and economic life and respect for the national legal framework and international standards for minority rights. One of the main arguments and conclusions reached regarding the rights of minorities in Kosovo is that the laws are "perfect on paper" due to the lack of enforcement mechanisms that would guarantee the achievement of minority rights. In addition to the Constitution, four laws specifically address the protection of the rights of communities and their members in Kosovo; Law on the Use of Languages; Discrimination Protection Act; Law on Local Self-Government. The Law on the Protection and Rights of Minorities and Their Members in Kosovo also foresees for the development of public employment programs and other initiatives to overcome direct and indirect discrimination against persons belonging to communities with particular reference to Roma, Ashkali, and Egyptians minorities (Law No. 03 / L-047 2008). UNDP and World Bank research confirm that these communities are the most excluded groups in every aspect of human development: elementary rights, health care, education, housing, employment, and living standards. (UNDP, World Bank 2018). Members of these communities have many similarities in terms of cultural and socio-economic issues. For this reason, they are often studied separately from other communities living in Kosovo. Their situation is unfavorable because they make up the most vulnerable and marginalized groups in society. Employment and education are social activities in which these members most often face discrimination. There is vast segregation of children, especially in preschools and primary schools. One of the challenges when it comes to education among this non-majority minority is access to education, dropout rates (especially among girls), low levels of achievement, ridicule, prejudice and discrimination/segregation, language barriers. In addition to these problems, another challenge for all members of non-majority communities is employment. They are insufficiently employed in management positions, health care institutions, formal education and private enterprises, civil service at the central and municipal levels.
Respect for minority rights aims to establish a society in which everyone will be able to speak their mother tongue freely, practice religious beliefs, cultivate culture, have health care and other interrelated rights without any consequences. The stability of a society is based on integration and respect for diversity. Each of us deserves equal rights, regardless of where we live, whether we belong to a minority or a majority population, our rights must be protected, and no one can take them away from us. Human rights are there to protect us from persons who may diminish those rights, and they are also there to help us live in mutual peace and freedom.
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