Community government for cultural minorities - Thinking beyond “territory” as a prerequisite for self-government

Abstract

© Koninklijke Brill NV, Leiden, 2018 Decentralisation in its different forms is often associated with territorial governments, be it regional or local governments. There is a close correlation between decentralisation to territorial entities and the protection of minorities that live concentrated in those areas. This article challenges the presumption that decentralisation must by necessity require a territorial element. It is argued that if minorities establish corporate legal entities, various forms of decentralisation could be used to empower language, cultural and religious communities to look after their own affairs. Several case studies are referred to in order to illustrate how in practice non-territorial forms of self-government have been developed. Finally, recommendations are made for establishment of community government in different forms.