CYIL 2012

IVANA JELIĆ CYIL 3 ȍ2012Ȏ protection, especially in regard to participation in decision making processes, which is one of the mechanisms for rule of law implementation. 2. The Relationship between Multiculturalism, Human Rights and Rule of Law Multiculturalism influences human rights protection in two principal directions which are also goals of democratic societies: respect of diversity and minority rights protection. By realizing both goals, supported by developed legislative and institutional backgrounds, long-term peace and stability is to be achieved in a stable and quality manner. 10 In the region of the Western Balkans, the respect for diversity is, therefore, conditio sine qua non for peace and security, understood in its broadest sense – i.e. not only as a territorial security, but also human security, which has physical, moral and legal aspects. In a broader sense, it is inseparately connected to the rule of law in multicultural states. Having in mind the importance of minority identity protection in the multicultural/multinational/multiconfessional/multiethnic/multilinguistic region, as well as integration of minorities into civil society, it is crucially important that minorities are enabled to take part in the public life of the society as a whole. In that regard, the most important element is participation of minorities in political life, i.e. participation in decision making processes of a community, at all levels – municipal, regional and state. Management of multiculturalism, therefore, depends on enforcement of the rule of law in the region of the Western Balkans. In order to face the problem, new requirements under the rule of law have been imposed by the international community. 11 Human rights advancement is one of the requirements for strengthening the rule of law, which was provided in the guiding principles of the UN, 12 which are to be implemented in all circumstances, including in crisis, post-crises, conflict-prevention, conflict, post-conflict and development context. The legal framework and the implementation thereof are as important as maintaining functional and effective institutions of justice, governance, security and human rights. Analysing the situation of respect of cultural diversity in the context of strengthening the rule of law and democracy, the main legal guarantees are connected to: accessible justice for all citizens, transparent judiciary, prohibition of assimilation, prohibition of discrimination, protection of national, ethnic, religious and cultural identity, and public participation of minorities. 10 Montenegro is a good example for this statement, as it has been proven as a peaceful harmonized multicultural state, even during the late 1990s when it was surrounded by interethnic and intercultural clashes. Multiculturalism as a feature of the Balkans was a source of armed conflict for centuries. 11 UN Secretary-General (UNSG), Guidance Note of the Secretary-General: United Nations Approach to Rule of Law Assistance , 14 April 2008. Available at: http://www.unhcr.org/refworld/docid/4a54bbf64. html [29. 05. 2012.] 12 Ibid.

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