Minority and Language Rights in the Eventual Peace Settlement after the Russian-Ukrainian War

Since a proper understanding of the respective claims and sensitivities of Russians and Ukrainians, also towards the terms of a possible peace agreement, requires a certain awareness of the Soviet Union’s ambiguous approach towards the different ethnic groups in that multi-ethnic state, the article starts with a succinct account of the history of the Soviet Union and its demise. The ‘legal’ status quo, more particularly legal standards and practice concerning minority rights and language rights in both Ukraine and Russia, is also covered. The second sub-chapter will then provide an overview of the international legal framework regarding minority (language) rights, starting from the overarching principles, over the main legally binding standards to soft law standards. Thirdly, a brief overall evaluation of the status quo in Ukraine and Russia regarding minority(language) rights in terms of the international legal framework, allows to identify parameters that can be used during the peace negotiations, more particularly benchmarks about what can be reasonably expected from the respective governments. The latter may be particularly useful in relation to some of the claims of the Russian government. The fourth sub-chapter delves into the most sensitive matter of minority language rights in Ukraine, and particularly the position and rights of the Russian minority, while also briefly sketching the situation of minority language rights in Russia. By way of conclusion, recommendations for the peace negotiations are offered, which build on the guiding principle of a proportionate balance between the wish to promote the national language on the one hand and a suitable (proportionate) protection of languages of minorities (with neighboring kin-states) on the other.