The concept of minorities is widely accepted in CEE and mostly in the CIS. In the post-Communist era, minorities have been freer to express their ethnic, religious and linguistic identities. However, minorities are among the groups that have lost the most as a result of conflict and transition.

The transition process has left many minority groups excluded from full and equal political and economic participation. Minorities are usually poorer than the majority, often live in remote areas, and commonly experience problems of discrimination in access to employment, education, health care, and development in their regions. The Roma remain the most socially and economically marginalised minority group across the region and their situation on the whole has worsened since the transition (Ringold, et al 2005).

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.