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Section II, Article 16

Jennifer Jackson-Preece

From: The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of National Minorities

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 April 2024

Indigenous peoples — Self-determination — Minorities — Human rights remedies — Boundaries

This chapter comments on Article 16 of the Framework Convention for the Protection of National Minorities (FCNM). Article 16 addresses those circumstances in which policies of demographic change or territorial reorganization are used to deny minority rights. Such policies may include: expropriation; eviction; expulsion; and the redrawing of administrative boundaries (gerrymandering). The temptation to manipulate demographics with a view to limiting or avoiding state obligations towards minorities persists, notwithstanding the now conventional interpretation of the principle of self-determination to exclude minority demands for political independence. Article 16 is intended to protect against precisely this sort of deliberate political manipulation of minority populations by states.

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