From Lund to LjubljanaGauging the Implementation of the HCNM

Recommendations on Participation

José María Arraiza, Bochum Workshop on Autonomy

8 March 2013

A critical approach to institutional design

Policy evaluation as part of responsible governance

Process and substance in creating institutions and in reforming them

Transcendental institutionalism v. social realities (A. Sen).

Normative theory v. empirical social science (Kymlicka, May & Modood).

lund recommendations

Lund # 22: Periodic review of arrangements for self-governance and minority participation in decision-making can provide useful opportunities to determine whether such arrangements should be amended in the light of experience and changed circumstances.

Ljubljana guidelines

Ljubljana Guidelines # 17: Strategies and policies, and their implementation, should be subject to regular monitoring and assessment of outcomes. Where necessary, policies should be adjusted periodically.

Assessing implementation• “It is important that integration policies set

clear targets with indicators and benchmarks to enable systematic and effective policy development, implementation and adaptation over time.

• Furthermore, internal reviews by the authorities should be complemented with independent assessments, and should be based on explicit criteria, formulated in consultation with persons belonging to minorities. They should be performed on a regular basis and according to a specified schedule; for instance, every two years”.

Kosovo

KOSOVO

KOSOVO• 2001 Constitutional Framework for

Provisional Self-Government

• 2007 Comprehensive Proposal for a Status Settlement.

• 2008 Constitution

• Re-drawing of boundaries creating new municipalities with enhanced competencies and (unused) mechanisms for relations with the Republic of Serbia.

FYROM

MACEDONIA

• 2001 Ohrid Framework Agreement

• Re-drawing of municipal boundaries and enhanced municipal competencies.

• Education

• Language rights (20 per cent threshold)

• Double majority requirement.

issues identified

Gauging instruments and melody: whether mechanisms are in place and outcome/societal impact

Survey based and law/standard based

Macro and micro observations

Regional context

Lund/Ljubljana as analytical tools. HCNM own assessments

THANK YOU, QUESTIONS?