1 Implemetation of the Framework Convention in Divided Societies: Challenges in minority protection in today’s Europe Francesco Palermo International Conference “Minority Rights in Divided Societies” – Sarajevo, 15 October 2015

2 The FCNM and divided societies FCNM: not only “protection” of national minorities, but also how to do this and what are societal and institutional preconditions Preamble: climate of tolerance and dialogue, cultural diversity source not of division but of enrichment Art. 4: equality, non-discrimination, special measures Art. 5: conditions to maintain and develop cultures Art. 6: spirit of tolerance, intercultural dialogue, mutual respect, understanding and cooperation among all persons All societies are diverse. Some do not acknowledge their diversity, other overstretch it FCNM more important than ever as challenges more subtle than ever

3 Stages, challenges and incentives for and from the FCNM 20 years FCNM, three main stages with challenges and incentives 1990ies Challenge: establishment Incentive: security 2000s Challenge: implementation Incentive: recognition Present Challenge: adaptation Incentive: sustainability [but difficult to identify]

4 The importance of time Institutional segregation: tool for both resolving and creating conflicts The Bosnian paradox – but not only a Bosnian phenomenon How long is parallel development an opportunity and when does it become a problem? No universal recipes, but indicators. See ECtHR on BiH Each moment requires the right instruments. This means being able to interpret and adapt them

5 The challenge of adaptation New instruments difficult – existing ones to be adapted through practice and wise interpretation (importance of flexible, living instruments) Current paradox: call for solutions, no new instruments, rigid interpretation of existing ones, re- discover of instruments when it is too late Meaning of challenge of adaptation – examples FCNM as instrument of social cohesion. Integration of societies rather than of persons in societies More inclusive stance – away from rigid citizenship-based approach Avoid rigid distinctions Consider the potential of territorial arrangements, CBC and other modern instruments of integration Cooperative attitude by all sides (ACFC, CoE, States, minorities, academia, civil society, …)