Protecting Minorities on a Non-Territorial Basis—Recent International Developments

Abstract

The protection of minorities by way of non-territorial arrangements, also called cultural autonomy, is receiving increased attention in theory and practice. While federalism and decentralisation often afford indirect protection of minorities on a territorial basis—be it by way of autonomy to state or local governments—Dispersed minorities often fall through the territorial “cracks”. Cultural autonomy can potentially play a vital role to grant protection to minorities that do not have a territorial base of their own. This article, which reflects on recent international developments to protect minorities by way of non-territorial arrangements, shows how the theory and practice of cultural autonomy have gained legitimacy in countries such as Estonia, Slovenia, Kosovo and Finland. Finally, potential lessons are identified for potential application in other emerging democracies.