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16 JEMIE 1 (2017)

handle is hein.journals/jemie2017 and id is 1 raw text is: SJournal on Ethnopolitics and Minority Issues in Europe MVol 16, No 1,2017, 1-31. Copyright © ECMI 2017 This article is located at: http://www.ecmi.de/fileadmin/downloads/publications/JEMIE/201 7/De Villiers.pdf Power-sharing Options in Complex Societies - Possible Lessons from South Tyrol for Young Democracies on Ways to Protect Ethnic Minorities at a Regional Level Bertus de Villiers* University of Johannesburg Abstract The institutional arrangements aimed at the protection of cultural and linguistic rights in South Tyrol are some of the most unexplored yet thought provoking examples of minority protection in the world. Several aspects of the South Tyrolean experience are notable for young democracies, namely: (a) the asymmetrical nature of the powers and functions of South Tyrol vis-i-vis other Italian regions; (b) the unique power-sharing arrangements between the respective communities; (c) the extensive autonomy that is granted to linguistic communities on a non-territorial basis; and (d) the unique way in which community/group association is determined. This article gives an in-depth analysis of the South Tyrolean institutional arrangements and identifies potential lessons for consideration by young and emerging democracies. South Tyrol demonstrates how regionally-based power- sharing and autonomy arrangements can be pursued without having to replicate similar institutions in other regions or in national institutions. Most importantly, South Tyrol shows how a balance can be struck between power-sharing and community autonomy, and how communities that live intermingled can exercise self-government over their culture, education and language. Keywords: South Tyrol; asymmetry; protection of minorities; autonomy; non-territorial autonomy; power-sharing; language; cultural and religious rights; state/regional constitutions * Law School of the University of Johannesburg and State Administrative Tribunal of Western Australia, Visiting Professor and Member, email: bertus.devilliers @justice. wa. gov. au

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