This article examines the OSCE HCNM experience with regard to situations where cultural autonomy arrangements exist and discusses the potential contribution of such arrangements to managing ethnic diversity. It reviews some of the salient issues that have arisen with regard to the legal and political framework of these arrangements. This article highlights the importance for bodies of cultural autonomy to comply with good governance principles, including respect for diversity within minority groups and insists on a more inclusive approach to autonomy.

This article gives an overview of the current position of minority self-governance within the Serbian legal order and its multilevel governance structure, with a particular focus on issues deriving from the missing legal determination of national minority councils. Although Serbia’s 2009 Law on National Minority Councils was welcomed by the international community, both national minority councils and public agencies have from the very beginning of its operation expressed serious concerns relating inter alia to the unspecified legal status of the councils. This has resulted in frequent misunderstandings in practice and, rather than being real self-governments of national minorities under public law, the councils are usually treated as nongovernmental organizations (NGOs) or organizations under the influence of political parties. Instead of presenting (international) political and social scientific approaches to the legal character of non-territorial autonomy in general, the article focuses on concrete legislative solutions and Constitutional Court practice regarding issues relevant to the de jure status of national minority councils in Serbia, such as election rules, competences, and funding.

Applying a historical institutionalist theoretical perspective to the ethnic minority policy domain, the article attempts to explain why state policies toward minorities may be difficult to reverse once introduced. Focusing on a case study of the cultural status of the Vojvodina Hungarian minority in Serbia, the article attempts to find out the forms taken by self-reinforcing dynamics associated with minority-related policies, once they are de-institutionalized. The paper deals with the evolution of the concept of Hungarian cultural autonomy in Vojvodina in the context of the transition from the socialist framework of minority rights protection, applied in the Socialist Autonomous Province of Vojvodina under the 1974 Constitution, to the system established by the Law on National Councils of National Minorities and the Statute of the Autonomous Province of Vojvodina adopted in 2009, after the interim period of state centralization in the 1990s. The Vojvodina case study exemplifies the costs faced by governments aspiring to reverse these policies and allows the identification of path-dependent factors behind the collective action processes related to the main principles of these policies, and conditions that allow these principles to outlive the abolishment of respective institutional arrangements, persist across radical political and social changes over time, and re-emerge at later historical stages, in new institutional settings.