Europe has the strongest regional protection system for minorities. The establishment of this protection system has largely been in response to the historical division of national communities across borders. Some so-called ‘kin states’ have supported minority rights protection for groups in neighbouring States that share their national or ethnic origins. Disputes over minority autonomy, cultural rights and inequality have frequently resulted in instability or conflict in the region. In some cases, national minorities have made claims to secession. Conflict prevention efforts often have focused attention on securing cultural rights and social, economic and political inclusion of minorities to promote integration of minority communities. Another key development in minority protection in Europe has been the requirement for EU accession countries that they ensure ‘respect for and protection of minorities’. This is one component of the EU’s accession criteria (the so-called ‘Copenhagen criteria’).87 As a result, all of the accession countries have made changes to the legal and regulatory framework in their countries to reflect minority rights standards. The third wave accession countries are making similar efforts. Some critics have noted that the changes are institutional only and have not been assessed from the perspective of implementation, which they claim remains weak (e.g. Hughes and Sasse 2003). Although many countries in CEE and the CIS have laws on non-discrimination and some official recognition of minority groups, there remains in many countries a low level of commitment to enforcement of non-discrimination and to adopting positive measures to protect minority identities and promote their public participation. The civil society of minorities is strong in CEE. Many national minorities, in particular, have gained seats in parliament or forms of local and regional autonomy. Roma still struggle with equal access to political participation but there are numerous CSOs created and led by Romani actors. Minority CSOs in CIS are weaker and can suffer from government opposition to their activities. Opportunities for meaningful dialogue between civil society, including minorities, and authorities are insufficient. 12.5.1 Standards and Mechanisms in CEE and the CIS Several of Europe’s regional inter-governmental organizations have elaborated standards and mechanisms for the protection of minorities. 12.5.2 Council of Europe (CoE) The Council of Europe has two treaties on minority rights: the Framework Convention for the Protection of National Minorities and the European Charter on Regional and Minority Languages. The CoE also oversees the key human rights instrument for the region, the European Convention on Human Rights. The European Court of Human Rights has made several important judgements pertaining to the protection of minorities. European Convention on Human Rights and Fundamental Freedoms (ECHR): The main human rights instrument of the Council of Europe is the European Convention on Human Rights and Fundamental Freedoms (ECHR). There is no minority specific article in the convention. However, article 14 provides protection against discrimination: “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”. Protocol 12 of the Convention strengthens the provision of non-discrimination by extending For full details of the Copenhagen Criteria, see http://europa.eu/scadplus/glossary/accession_criteria_copenhague_en.htm (accessed 9 August 2009). 87 172 M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g