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Resolution 1713 (2010) Final version
Minority protection in Europe: best practices and deficiencies in implementation of common standards
1. The Parliamentary Assembly stresses
the fundamental importance of the protection of persons belonging
to national minorities, as an integral part of the international
protection of human rights, for equality, justice, stability, democratic
security and peace in Europe.
2. The Assembly recalls its Recommendations 1492 (2001), 1623 (2003) and 1766 (2006), concerning
the rights of national minorities and pays tribute to the fundamental
role which the Framework Convention for the Protection of National
Minorities (ETS No. 157) and the European Charter for Regional or
Minority Languages (ETS No. 148) have played over the past few years
in improving the protection of national minorities in Europe and
promoting their rights.
3. Unfortunately, these two instruments have not yet become universally
accepted standards throughout Europe, as some Council of Europe
member states have not yet ratified them.
4. To date, four states – Belgium, Greece, Iceland and Luxembourg
– have signed the Framework Convention but have still not ratified
it, and four others – Andorra, France, Monaco and Turkey – have
neither signed nor ratified it. The Assembly reiterates its call
upon the above-mentioned states to sign and/or ratify the Framework
Convention as soon as possible, without reservations or restrictive
declarations, deploring the lack of progress in this respect since
the adoption of its last recommendation in 2006.
5. The Assembly also regrets that the reservations and restrictive
declarations formulated by states which have already signed and/or
ratified the Framework Convention have not been revoked and again
asks those states to do so.
6. The European Charter for Regional or Minority Languages has
so far been ratified by 24 states. Another nine states have signed
it, some of which are expected to ratify soon. But to date, almost
half of the Council of Europe’s member states have not yet fully
subscribed to this legal instrument.
7. The Assembly recalls in this context that the principle of
equality and non-discrimination constitutes a fundamental human
right which has been enshrined in the Framework Convention (Article
4). The Assembly strongly deplores the fact that only 17 Council
of Europe member states have ratified Protocol No. 12 to the European
Convention on Human Rights (ETS No. 177) and that only 20 have signed
it. Significantly, two member states – France and Monaco – have
not yet signed either the Framework Convention or Protocol No. 12.
Therefore, the Assembly reiterates its call upon the states which
have not yet done so to sign and/or ratify Protocol No. 12 as soon
as possible.
8. The Assembly reiterates its position that the protection of
persons belonging to national minorities is essential to the guarantee
of full and effective equality of all people, to the preservation
of political and social stability and democratic security, and to
the prevention of social tensions and the promotion of the diversity
of cultures and languages in Europe.
9. Enhanced minority protection depends on the political and
cultural acceptance of diversity in society in general. The latter
requires advanced cultural and educational policies in all member
states.
10. The Assembly welcomes the progress which has been accomplished
in the protection of persons belonging to national minorities in
the eleven years following the adoption of the Framework Convention,
in those member states which have ratified it. It notes in this
context that the Framework Convention is a “document of principles”,
and that practical methods of implementing these principles may
vary widely from country to country. In the course of monitoring
the compliance of states parties with the provisions of the Framework
Convention, its advisory committee has accumulated an extensive
array of relevant data.
11. The Assembly considers that it would be useful to disseminate
as broadly as possible best practices in implementing the Framework
Convention by states parties in order to offer guidance to all member
states wishing to overcome difficulties and to further improve the
protection of persons belonging to national minorities and respect
for diversity in their societies.
12. That said, the Assembly notes that in some states which have
ratified the Framework Convention the situation of national minorities
is still very far from ideal. Although the implementation of the
Framework Convention has entailed the adoption of new and effective
solutions in this field, there have been many deficiencies and failures
in ensuring adequate protection of persons belonging to national
minorities. In some states the process of implementation of the
Framework Convention has brought about not only good practices but
also serious problems. In particular:
12.1. very often the protection of persons belonging to national
minorities is considered as a political issue and its extent depends
on the current political situation. The implementation of policies
to reinforce this protection is often discontinued following changes
of ruling parties or coalitions. Such changes sometimes also imply
transfer of competences between different state institutions. Moreover,
due to political changes, certain states develop the types of policies
to promote the majority (official or “state”) language and culture,
which may in practice be detrimental to the protection of persons
belonging to national minorities;
12.2. the state of implementation of the Framework Convention
also varies from state to state according to the degree of decentralisation.
In certain states the transfer of competences to local authorities
in the field of minority protection has entailed the deterioration
of the latter. The advisory committee of the Framework Convention
has identified a number of problems in this area:
12.2.1. there
might be an unclear division of competences between the central
and sub-national authorities, the norms applied by the central
and regional levels may be contradictory or central authorities
may have lost all power regarding the protection of persons belonging
to national minorities after a shift of competencies in favour of
local authorities;
12.2.2. local authorities do not implement the Framework Convention
because of a lack of funds from the central budget and/or because
of a lack of political will;
12.2.3. local authorities take decisions and/or actions which
are incompatible with the principles enshrined in the Framework
Convention (for instance, hate speeches by local politicians, school segregation,
impeding the participation of national minorities’ representatives
in public affairs);
12.2.4. in addition, in certain states the central government
obliges local authorities to actively restrict the language rights
of national minorities on the basis of domestic regulations which contradict
the Framework Convention and the European Charter for Regional or
Minority Languages.
13. On the other hand, the Assembly notes, following the findings
of the advisory committee of the Framework Convention, that numerous
states parties have provided good examples in implementing the convention.
For instance:
13.1. local authorities
have undertaken several positive measures with a view to reinforcing
the protection of persons belonging to national minorities by national
authorities (such as official recognition of certain minority groups,
support for their activities, promotion of equal opportunities for
Roma). In many cases, local authorities have been more proactive
than central ones;
13.2. special institutions to deal with minority issues (ombudspersons)
at the local level have been set up and their activities have turned
out to be effective in practice.
14. In this context, the Assembly recalls that, according to Article
27 of the Vienna Convention on the Law of Treaties, a party may
not invoke the provisions of its internal law as justification for
its failure to execute a treaty. Therefore, the Framework Convention
provisions apply to all state bodies without limitations or exceptions,
irrespective of the federal, centralised or decentralised structure
of the state.
15. The Assembly recalls, therefore, that states parties, and
more precisely their central bodies, are accountable for the proper
implementation of the Framework Convention by local and regional
authorities, irrespective of the division of competences between
them in national law.
16. The Assembly refers to the Additional Protocol to the European
Charter of Local Self-Government on the right to participate in
the affairs of a local authority (CETS No. 207), which was opened
for signature on 16 November 2009. This protocol supports inclusive
policies towards minorities at local level and their stronger involvement
in local policy making and local cultural and social life. Therefore,
the Assembly urges all member parliaments to study the possibility
of ratifying this protocol.
17. The Assembly also notes that the personal scope of application
of the Framework Convention still raises serious problems. This
is certainly due to the lack of definition of national minorities
in the Framework Convention itself, which leaves a wide margin of
appreciation to the states parties. However, this should not lead
to arbitrary or discriminatory distinctions between individuals
belonging to different minorities. The following issues arise in
this respect:
17.1. most of the states
grant protection based on the Framework Convention using the criterion
of citizenship. Nevertheless, in certain states, a substantial number
of persons belonging to national minorities cannot benefit from
this protection, because they do not have the citizenship of the
state party concerned (for instance, persons who have become stateless
following the dissolution of a former state);
17.2. certain states even exclude a priori specific ethnic groups
from the scope of application of the Framework Convention, by defining
a very narrow personal and territorial scope of its application;
17.3. a distinction is often made between “autochthonous” and
other national minorities, which may lead in practice to a discriminatory
application of the rights guaranteed by the Framework Convention.
18. The Assembly recalls that the Convention on the Participation
of Foreigners in Public Life at Local Level (ETS No. 144) highlights
the need to improve the integration of foreign residents into their
community, especially by enhancing the possibilities for them to
participate in public affairs. Full implementation of this convention
would certainly encourage constructive dialogue within multicultural
communities. Therefore, it is highly regrettable that, to date,
only eight member states have ratified this convention and only
five others have signed it. Member parliaments should envisage measures
for this convention to be signed and ratified.
19. The Assembly also emphasises the importance of a state party’s
obligation to create the conditions necessary for effective participation
of persons belonging to national minorities in cultural, social
and economic life and in public affairs, especially those affecting
them (Article 15 of the Framework Convention). In particular, participation
in public affairs should include not only participation in the elected
bodies but also in the executive branch and the civil service. The
lack of participation in this area is closely related to the lack
of participation in socio-economic life and vice versa, which may
be best illustrated by cases of socio-economic exclusion.
20. The Assembly emphasises the positive effects national minorities’
councils or bodies may have on the protection of persons belonging
to national minorities in member states. Governments should abstain
from interfering in the organisation and activities of these bodies
and should provide adequate administrative and financial resources
for their functioning.
21. Concerning member states which have not yet ratified the Framework
Convention, the Assembly recalls that they are nevertheless bound
by other instruments of international law, including the political
commitments on minority standards of the Organization for Security
and Co-operation in Europe, in particular the Copenhagen Document
of 1990, and other Council of Europe conventions (particularly the
European Convention on Human Rights (ETS No. 5) and the European
Social Charter (ETS No. 35)). However, practice shows that, even
on this basis, the rights of persons belonging to national minorities
are not always properly implemented.
22. Consequently, the Assembly calls upon all member states to:
22.1. ensure that the principles of
non-discrimination, equality and respect for diversity are observed
in practice, namely through the implementation of relevant Council
of Europe instruments, irrespective of changes in political majorities;
22.2. ensure that all minority groups – national, religious
or linguistic – enjoy the right of self-identification, the right
of expression and the right to develop their identity;
22.3. promote at all levels (national, regional and local) tolerance,
pluralism, openness and a genuine inclusive dialogue between the
authorities and minorities.
23. The Assembly specifically calls upon states which have ratified
the Framework Convention for the Protection of National Minorities
to ensure its proper implementation in a spirit of understanding
and tolerance, and in conformity with the principles of good neighbourliness,
friendly relations and co-operation between states (Article 2 of
the Framework Convention). Therefore it urges those states in particular
to:
23.1. ensure continuity and consistency
of policies, irrespective of changes of government;
23.2. ensure that the Framework Convention is applied, without
exception, throughout their territory and by all branches of government
(executive, legislative and judicial) and at all levels of power
(local, regional and central), irrespective of their constitutional
order as federal or unitary states;
23.3. clarify the division of competences between central and
local authorities and define precisely the role and responsibilities
of local authorities regarding persons belonging to national minorities,
as appropriate;
23.4. adopt a more flexible approach regarding the scope of
application of the Framework Convention, in particular by not basing
it exclusively on the citizenship criterion, so that all persons
belonging to minorities may benefit from the rights enshrined in
the Framework Convention in a non-discriminatory manner;
23.5. take the necessary steps in order to ensure the effective
participation of persons belonging to minorities in social, economic
and cultural life, in the media and in public affairs;
23.6. refrain from adopting laws which – in conflict with the
spirit of the Framework Convention, and jeopardising its provisions
– derogate from the language rights of national minorities, or oblige
state bodies or local authorities to act counter to the exercise
of minority rights.