The Rights of 'Old' versus 'New' Minorities

In: European Yearbook of Minority Issues Online
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  • 1 Seṁor fellow and former Director, Norwegian Centre for Human Rights, Oslo; Guest Professor, University of Gothenburg, Sweden; Chairman, UN Working Group on Minorities; Member, Advisory Committee under the Framework Convention for the Protection of National Minorities.

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  • 1 Athanasia S. Akermark suggests a similar categorization which largely coincides with the one given ahove. Her three justifications for minority protection are: (1) peace and security, (2) human dignity, and (3) culture. See Athanasia S. Akermark, Justifications ofminorities in International Law (Uppsala, 1997), 67 and 68-85. 2 I have analyzed in some length the positions on this matter during the drafting. See Asbjorn Eide, `The Non-inclusion of Minority Rights: Resolution 217C (III)', in Gudmundur Alfredsson and Asbjorn Eide (eds.), The Universal Declaration of Human Rights: A Common Standard ofAchievement (The Hague, 1999), 701-23.

  • 3 HRC General Comment No. 23 (fiftieth Session,1994), Report of the Human Rights Committee, Vol. I, GAOR, forty-ninth Session, Supplement No. 40 (A/49/40),107-10.

  • 4 John Rex, 'The Political Sociology of a Multicultural Society', in Daniele Joly, Scapegoats and Social Actors (London, 1998), 137-54, gives an interesting account of the changes in British policy in this regard.

  • 5 Adopted by the UN GA resolution no. 45/158 on 18 December 1990, entered into force on 1 July 2003. It has very few ratifications, almost none by the main host countries of migrant workers. 6 See on this point also HRC, General Comment No. 15, The Position of Aliens under the Covenant, dated 11 April 1986, UN Doc. HRI/Gen/Rev.l (1994) at 18.

  • 7 Summarizing the practice observed in previous times, Ian Brownlie concludes that 'the evidence is over- whelmingly in support of the view that the population follows the change of sovereignty in matters of nationality'. See Ian Brownlie, Principles of Public InternationalLaw (Oxford,4" ed.,1990), 661-2. 8 Dated 6 November 1997, entered into force on 1 March 2000, ETS No. 166.

  • 9 A detailed discussion of the citizen issue in restored states is found in Ineta Ziemele, 'State Continuity and Nationality in the Baltic States and Russian Federation. International and Constitutional Issues', unpub- lished Ph.D. manuscript, Cambridge University, 1998.

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