Hungarian American Coalition News, 2004 (13. évfolyam, 1-3. szám)
2004 / 1. szám
MINORITY SELF-GOVERNANCE Different Types of Autonomies Autonomy for a national minority - that is, self-governance in a particular sphere - is often invoked as a means for protecting and promoting the minority’s political, economic, and cultural interests. But more broadly, autonomy can be interpreted as an overall framework for participatory democracy: it is a way to ensure that all segments of society are able to participate effectively in decisions which affect them. Autonomy can exist within a wide variety of structures, from federalism to devolution or decentralization. The scope and competency of an autonomous structure take many forms, and usually depend on historical, geopolitical and economic factors. Autonomy, or any other form of minority selfgovernance, should be considered above all as a practical solution in a specific situation, where the more conventional constructions of democracy may not be enough to ensure a fair voice for a distinct national minority community. Broadly speaking, autonomy for national minorities can fall into four categories: cultural, personal, territorial, and special-status local governments. Cultural autonomy allows for selfgovernment in cultural and educational matters. It is feasible to establish cultural autonomy regardless of whether the minority is geographically concentrated or dispersed throughout the country. Members of the community are entitled to study in their native language and to influence the central and local decision-making bodies in matters concerning their cultural needs. To this end, the minority is represented in the central and local governments, but it does not have self-government in political and economic matters. Regarding cultural matters, however, the minority institutions’ authority is independent of the central government, which sustains the system financially. An early example of cultural autonomy was Estonia’s short-lived 1925 “Law on cultural autonomies of national minorities.” In 1993, after Estonia regained independence from Soviet rule, the Estonian Parliament again passed a new law providing cultural autonomy to national minorities. Similarly, Hungary’s Constitution and its law on national and ethnic minorities include the right to establish cultural autonomy. Personal autonomy applies to the individual members of a certain community within the state. Personal autonomy allows this community to exercise its rights and articulate its claims, even if its members are dispersed throughout the country. So far, examples of personal autonomy have usually been limited to matters of culture, language, religion and education. The institutional framework required to enforce these rights is relatively complex, as several institutions must be established and community-wide elections must be held. The competencies of the personal autonomy framework are regulated by law, and the central government is not involved with decisions made within that framework. The state allocates funds to these institutions, which fulfill duties that would otherwise be the responsibility of the central government. During the Middle Ages, some of Europe’s Jewish communities enjoyed a form of personal autonomy: they were allowed to administer their affairs according to their own laws and traditions. After the First World War, the newly independent Baltic countries (Estonia, Latvia and Lithuania) passed legislation granting minority rights along the lines of personal autonomy: the right to preserve and promote the religious, linguistic and cultural character of the minority through institutions established by the minority itself. These institutions were authorized to make binding decisions and impose taxes. Personal autonomy is practiced in Norway, where the Parliament has established a consultative council, the Sameting, for the Sami minority. Members of the Sami minority elect representatives to this council irrespective of their place of residence. Territorial autonomy works for national minorities which form the majority in geographically well-defined, compact communities. More so than other forms of autonomy, territorial autonomy affords the national minority greater influence over political, economic and cultural issues in a given 2 - Hungarian American Coalition - March 2004
