19 January 1993

Doc. 6742

1403-15/1/93-2-E

REPORT

on an additional protocol on the rights of minorities

to the European Convention on Human Rights

(Rapporteur: Mr WORMS,

France, Socialist)


Summary

      There is an urgent need for European legislation and for an efficient legal instrument of the Council of Europe to guarantee the rights of minorities. The Assembly proposes an additional protocol to the European Convention on Human Rights to guarantee the protection of the rights of minorities by defining their rights and through the supervision and monitoring of the European Commission and Court of Human Rights.

I. Draft recommendation

1.       The Assembly recalls its Recommendations 1134 (1990) and 1177 (1992) and its Orders No. 456 (1990) and No. 474 (1992) on the rights of minorities. In the texts adopted on 5 February 1992 it asked the Committee of Ministers to:

i.       conclude as soon as possible the work under way for the elaboration of a charter for regional or minority languages and do its utmost to ensure the rapid implementation of the charter;

ii.       draw up an additional protocol on the rights of minorities to the European Convention on Human Rights;

iii.       provide the Council of Europe with a suitable mediation instrument.

2.       By adopting the European Charter for Regional or Minority Languages - a Council of Europe Convention - on 22 June 1992, the Committee of Ministers gave the Assembly satisfaction on the first point. The charter, on which legislation in our member states will have to be based, will also be able to give guidance to many other states on a difficult and sensitive subject.

3.       There remains the rapid implementation of the charter. It is encouraging that when it was opened for signature on 5 November 1992, eleven Council of Europe member states signed it straight away. But one has to go further.

4.       The Assembly therefore appeals to member states which have not yet signed the Charter to do so and to urge all of them to ratify it speedily, accepting as many of its clauses as possible.

5.       The Assembly reserves the right to return, at a later date, to the question of a suitable mediation instrument of the Council of Europe which it already proposed to set up.

6.       It has been advised of the terms of reference given by the Committee of Ministers to the Steering Committee for Human Rights and its Committee of Experts for the Protection of National Minorities and wishes to give its full support to this work and actively promote it.

7.       Through the inclusion in the European Convention on Human Rights of certain rights of persons belonging to minorities as well as organisations entitled to represent them, such persons could benefit from the remedies offered by the convention, particularly the right to submit applications to the European Commission and Court of Human Rights.

8.       Consequently the Assembly recommends that the Committee of Ministers adopt an additional protocol on the rights of national minorities to the European Convention on Human Rights, drawing on the text reproduced below, which is an integral part of this recommendation.

9.       As this matter is extremely urgent and one of the most important activities currently under way at the Council of Europe, the Assembly also recommends that the Committee of Ministers speed up its work schedule so that the meeting of Heads of State and Government (Vienna, 8 and 9 October 1993) will be able to adopt a protocol on the rights of minorities and open it for signature on that occasion.

TEXT OF THE PROPOSAL FOR AN ADDITIONAL PROTOCOL TO THE CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, CONCERNING NATIONAL MINORITIES AND THEIR MEMBERS

Preamble

      The member states of the Council of Europe signatory hereto;

1.       Considering that the diversity of peoples and cultures with which it is imbued is one of the main sources of the richness and vitality of European civilization,

2.       Considering the important contribution of national minorities to the cultural diversity and dynamism of the states of Europe;

3.       Considering that only the recognition of the rights of persons belonging to a national minority within a state and the international protection of those rights are capable of putting a lasting end to ethnic confrontations, and thus of helping to guarantee justice, democracy, stability and peace;

4.       Considering that the rights concerned are those which any person may exercise either singly or jointly;

5.       Considering that the international protection of the rights of minorities is an essential aspect of the international protection of human rights and, as such, a domain for international co-operation,

      Have agreed as follows:

Section I: Definition

Article 1

      For the purposes of this convention1 the expression "national minority" refers to a group of persons in a state who

a.       reside on the territory on that state and are citizens thereof,

b.       maintain long standing, firm and lasting ties with that state,

c.       display distinctive ethnic, cultural, religious or linguistic characteristics,

d.       are sufficiently representative, although smaller in number than the rest of the population of that state or of a region of that state,

e.       are motivated by a concern to preserve their culture, their traditions, their religion or their language.

Section 2: General principles

Article 2

1.       Membership of a national minority shall be a matter of free personal choice.

2.       No disadvantage shall result from this choice.

Article 3

1.       Every person belonging to a national minority shall have the right to express, preserve and develop in complete freedom his/her religious, ethnic, linguistic or cultural identity, without being subjected to any attempt at assimilation against his/her will.

2.       Every person belonging to a national minority may exercise his/her rights and enjoy them individually or in association with others.

Article 4

      All persons belonging to a national minority shall be equal before the law. Any discrimination based on membership of a national minority shall be prohibited.

Article 5

      Deliberate changes to the demographic composition of the region in which a national minority is settled, to the detriment of that minority, shall be prohibited.

Section 3: Substantive rights

Article 6

      All persons belonging to a national minority shall have the right to set up their own organisations, including political parties.

Article 7

1.       Every person belonging to a national minority shall have the right freely to use his/her mother tongue in private and in public, both orally and in writing. This right shall also apply to the use of his/her language in publications and in the audiovisual sector.

2.       Every person belonging to a national minority shall have the right to use his/her surname and first names in his/her mother tongue and to official recognition of his/her surname and first names.

3.        In the regions in which substantial numbers of a national minority are settled, the persons belonging to a national minority shall have the right to use their mother tongue in their contacts with the administrative authorities and in proceedings before the courts and legal authorities.

4.        In the regions in which substantial numbers of a national minority are settled, the persons belonging to that minority shall have the right to display in their language local names, signs, inscriptions and other similar information visible to the public. This does not deprive the authorities of their right to display the above-mentioned information in the official language or languages of the state.

Article 8

1.       Every person belonging to a national minority shall have the right to learn his/her mother tongue at an appropriate number of schools and of state educational and training establishments, located in accordance with the geographical distribution of the minority.

2.       The persons belonging to a national minority shall have the right to set up and manage their own schools and educational and training establishments within the framework of the legal system of the state.

Article 9

      If a violation of the rights protected by this protocol is alleged, every person belonging to a national minority or any representative organisation shall have an effective remedy before a state authority.

Article 10

      Every person belonging to a national minority, while duly respecting the territorial integrity of the state, shall have the right to have free and unimpeded contacts with the citizens of another country with whom this minority shares ethnic, religious or linguistic features or a cultural identity.

Article 11

      In the regions where they are in a majority the persons belonging to a national minority shall have the right to have at their disposal appropriate local or autonomous authorities or to have a special status, matching the specific historical and territorial situation and in accordance with the domestic legislation of the state.

Section 4: Implementation of the protocol

Article 12

1.       Nothing in this protocol may be construed as limiting or restricting an individual right of persons belonging to a national minority or a collective right of a national minority embodied in the legislation of the Contracting State or in an international agreement to which that state is a party.

2.       Measures taken for the sole purpose of protecting ethnic groups, fostering their appropriate development and ensuring that they are granted equal rights and treatment with respect to the rest of the population in the administrative, political, economic, social and cultural fields and in other spheres shall not be considered as discrimination.

Article 13

      The exercise of the rights and freedoms listed in this protocol fully apply to the persons belonging to the majority in the whole of the state but which constitute a minority in one or several of its regions.

Article 14

      The exercise of the rights and freedoms set forth in this protocol are not meant to restrict the duties and responsibilities of the citizens of the state. However, this exercise may only be made subject to such formalities, conditions, restrictions or penalties as are prescribed by law and necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health and morals and for the protection of the rights and freedoms of others.

Section 5: Final clauses

Article 15

      No derogation under Article 15 of the convention from the provisions of this protocol shall be allowed, save in respect of its Article 10.

Article 16

      No reservation may be made under Article 64 of the convention in respect of the provisions of this protocol.

Article 17

      The States Parties shall regard the provisions of Articles 1 to 11 of this protocol as additional articles of the convention and all the provisions of the convention shall apply accordingly.

Article 18

      This protocol shall be open for signature by the member states of the Council of Europe which are signatories to the convention. It shall be subject to ratification, acceptance or approval. A member state of the Council of Europe may not ratify, accept or approve this protocol unless it simultaneously ratifies or has previously ratified the convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Article 19

1.        This protocol shall enter into force on the first day of the month following the date on which five member states of the Council of Europe have expressed their consent to be bound by the protocol in accordance with the provisions of Article 17.

2.       In respect of any member state which subsequently expresses its consent to be bound by it, the protocol shall enter into force on the first day of the month following the date of the deposit of the instrument of ratification, acceptance or approval.

Article 20

      The Secretary General of the Council of Europe shall notify the member states of the Council of:

      a.       any signature;

      b.       the deposit of any instrument of ratification, acceptance or approval;

      c.       any date of entry into force of this protocol;

      d.       any other act, notification or communication relating to this protocol.

      In witness whereof the undersigned, being duly authorised thereto, have signed this protocol.

      Done at Strasbourg on .......................................,

in English and French, both texts being equally authentic, in a single copy, which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe.

II. Draft order

1.       The Assembly refers to its Recommendation .... (1993) in which it proposed that the Committee of Ministers adopt an additional protocol on the rights of minorities to the European Convention on Human Rights, the proposed text thereof being an integral part of the recommendation.

2.       It instructs its Committee on Legal Affairs and Human Rights:

i.       to examine the action taken to follow up this recommendation and do its utmost to promote the adoption of the protocol,

ii.       to make scrupulously sure when examining requests for accession to the Council of Europe that the rights included in this protocol are respected by the applicant countries,

iii.       to monitor closely the ratification and implementation of the European Charter for Regional or Minority Languages adopted by the Committee of Ministers on 22 June 1992.

3.       The Assembly, referring to its Order No. 474 (1992), further instructs the Committee on Legal Affairs and Human Rights to continue its work on minorities, particularly concerning the creation of a mediation instrument, if necessary in close co-operation with the other competent committees.

III. Explanatory memorandum

by Mr WORMS

A.       INTRODUCTION

1.       The protection of national minorities is a matter of extreme urgency and one of the most important issues currently before the Council of Europe. The definition of the "rights" of national minorities and an effective international guarantee of them are now an unavoidable obligation of the international community. It is one of the paths that must be followed in order to try to defuse ethnic conflicts and lay lasting foundations for peace on our continent in a situation of democracy and respect for human rights and fundamental freedoms.

      Rather than preparing new specific machinery to protect the rights of minorities, with the risks inherent in the existence of several judicial bodies with responsibility for human rights, our Assembly ultimately preferred to use existing machinery, the authority and effectiveness of which are universally recognised, that of the Council of Europe's European Convention for the Protection of Human Rights and Fundamental Freedoms.

      The second reason for which the Parliamentary Assembly did not take up the proposal of the European Commission for Democracy through Law for a specific convention was a desire to enable persons belonging to minorities to benefit from the only protection system of its kind in the world, the direct individual or collective petition to the European Commission and subsequently the European Court of Human Rights.

2.       In Recommendation 1177 (1992), adopted on 5 February 1992, the Assembly advocated that the Committee of Ministers:

i.       conclude as soon as possible the work under way for the elaboration of a charter for regional and minority languages and do its utmost to ensure the rapid implementation of the Charter;

ii.       draw up an additional protocol on the rights of minorities to the European Convention on Human Rights;

iii.       provide the Council of Europe with a suitable mediation instrument.

      By adopting the European Charter for Regional and Minority Languages on 22 June 1992 and opening it for signature by member states, the Committee of Ministers has largely carried out the first part of the recommendation, although rapid implementation has yet to follow. It is certainly encouraging to note that, when the Charter was opened for signature, on 5 November 1992, eleven member states signed it. These were Austria, Denmark, Finland, Germany, Hungary, Liechtenstein, Luxembourg, Malta, Netherlands, Norway and Spain. Nevertheless, as far as the two other parts are concerned, discussions have not produced any practical results so far.

      The aim of this proposal for an additional protocol to the European Convention on Human Rights, drafted in pursuance of Order No. 474 (1992), is therefore to expedite and provide an impetus for the deliberations of the Committee of Ministers and the Steering Committee of Human Rights, which has been entrusted with the work.

      Paragraph 4 of this order, which was adopted at the same time as Recommendation 1177 (1992), instructs the Committee on Legal Affairs and Human Rights, the Political Affairs Committee and the Committee on Culture and Education to prepare, as soon as possible, a draft protocol on minorities to the European Convention on Human Rights and a draft mediation instrument, "should the Committee of Ministers be unable to implement Recommendation 1177 (1992) by 1 October 1992".

3.       For the time being the proposal to adopt a protocol is under consideration by a Committee of Governmental Experts for the Protection of National Minorities, which is to report to the Steering Committee for Human Rights by the end of July 1993. The Steering Committee could therefore report to the Committee of Ministers by the end of 1993. However it would be desirable to take the opportunity of the Meeting of Heads of State and Government of the Council of Europe member states (8 and 9 October 1993) to adopt the protocol and open it for signature. To this end it would be advisable considerably to speed up the work of the CDDH and committee of experts. The adoption of a protocol of this kind would be an act of considerable importance, similar to the significance of the historic event which the Council of Europe "summit" conference will constitute.

4.        Our proposal rests on a large number of earlier texts, which were all designed to protect minority rights and define them more accurately, the main ones being:

-       Assembly Recommendation 1134 (1990) on the rights of minorities;

-       document of the Copenhagen meeting of the Conference on Security and Co-operation in Europe (June 1990) and other texts subsequently adopted by the CSCE; the Copenhagen declaration is the most detailed text ever adopted by the CSCE on the subject of minorities;

-       European Charter for Regional or Minority Languages, adopted by the Committee of Ministers of the Council of Europe on 22 June 1992;

-        proposal for a European Convention for the Protection of Minorities, drawn up by the Commission for Democracy through Law (March 1991);

-       draft protocol to the European Convention on Human Rights, guaranteeing the protection of ethnic groups, submitted to the Committee of Ministers by the Austrian delegation;

-       draft declaration on the rights of persons belonging to national or ethnic, religious and linguistic minorities, prepared by the Commission on Human Rights of the United Nations and now before its General Assembly;

-       draft additional protocol to the European Convention on Human Rights, on the Fundamental Rights of Ethnic Groups in Europe, presented by the Federal Union of European Nationalities (FUEN, fourth version of 28 May 1992);

-       draft protocol to the European Convention on Human Rights, concerning the protection of national minorities in the CSCE participating states, submitted by Stephan Breitenmoser (Basel) and Dagmar Richter (Heidelberg) in "Europńische Grundrechte Zeitschrift" of 14 June 1991;

-       draft Charter of Rights of the National Minorities in the European Community by Count von Stauffenberg, Chairman and Rapporteur of the Legal Affairs and Citizens' Rights Committee of the European Parliament (1988).

5.       Our proposal might seem modest, compared with the wealth of ideas contained in these texts. We did in fact deliberately decide to limit the number of new rights for which we proposed to organise a guarantee, to define them succinctly but sufficiently precisely for that guarantee to be effective, and to leave it to the court to determine the detailed arrangements for application in the light of the circumstances.

6.       Of course, as the text was a standard-setting one which could form the basis for petitions to the European Commission and Court of Human Rights, we had to do more than merely formulate general principles. As the Assembly stated in Recommendation 838 (1978) on widening the scope of the European Convention on Human Rights, in order to be incorporated in the convention, any right must be fundamental and enjoy general recognition, and be capable of sufficiently precise definition to lay legal obligations on a state, rather than simply constitute a general rule.

7.        It is therefore clear that only a small number of new rights can be embodied in the European Convention on Human Rights. Furthermore, the text of the convention already encompasses many rights which also apply to minorities, such as the right to respect for private and family life (Article 8), the right to freedom of thought, conscience and religion (Article 9), the right to freedom of expression (Article 10), the right to freedom of peaceful assembly and freedom of association with others (Article 11), the entitlement to the peaceful enjoyment of possessions (Article 1 of the first protocol), the right to education (Article 2 of the same protocol), the right to liberty of movement and freedom to choose one's residence (Article 2 of the fourth protocol) and the right to enter the territory of the state of which one is a national and a ban on expulsion from it (Article 3 of that protocol).

8.       Similarly, the convention itself states that the enjoyment of all these rights and freedoms must be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status (Article 14 of the convention). It should however be noted that this "anti-discrimination" article may not be relied upon except with reference to rights expressly included in the convention, and nor should it be forgotten that a proposal to make Article 14 independently applicable, that is, to draft it as a general prohibition of discrimination, has been referred to the Committee on Legal Affairs and Human Rights (see Order No. 443 (1988)). Where the members of a national minority are concerned, the text of our proposed protocol provides in Article 4 for such a general prohibition of all forms of discrimination.

9.       But we must do more than just provide guarantees of non-discrimination and guarantee positive rights for the persons belonging to national minorities. This is what we are doing in our proposed protocol, particularly in Section 3.

B.       COMMENTS ON THE PROPOSAL FOR AN ADDITIONAL PROTOCOL

Preamble

      This explains the main reasons for drafting a protocol, namely:

      Cultural diversity is an asset for the whole continent of Europe and for each of its states (paras 1 and 2).

      A guarantee of the rights of the persons belonging to minorities is a factor for peace, justice and democracy (para 3).

      These rights are defined as individual rights exercised, where appropriate, collectively (para 4). Defining them as collective rights would have entailed insurmountable problems for the recognition of "national minorities" as such as persons having legal personality and able to avail themselves of the protection machinery of the European Convention on Human Rights. The choice of a protocol, with all its advantages, implied the need to settle, as we have done, the old argument over the individual as opposed to the collective rights of national minorities.

      Lastly we considered it essential to affirm from the preamble onwards (para 5) that the rights of minorities come within the supranational field of law encompassing human rights, and are thus a matter for international co-operation, and this implies that they may in no circumstances be regarded exclusively as an internal matter for states.

Section 1: Definition

Article 1

      Is it possible, as some say should be done, to define the rights of persons belonging to minorities without defining the minorities themselves? In the judicial procedure of the convention, this would have meant opening an never-ending argument.

      Once the decision had been taken to move along the difficult path of a definition which could be used by the Court and Commission, there was a simultaneous need for sufficient precision to avoid confusion and sufficient generality to enable judicial decisions to be adapted to the great variety of situations.

      First of all, why use the term "national minority", rather than "minority", "ethnic minority", "people" or "minority community"?

      It seemed essential to describe minorities in the light of other minority situations within our societies. The terms "ethnic groups", "peoples", "nations" and "communities" and the corresponding adjectives have different connotations in the different languages and different regions of Europe. The ultimate reason for our decision was the simple, but decisive fact that the expression "national minority" already appeared in the text of the convention (Article 14).

      Avoiding confusion:

      The rights of minorities must not be confused with the rights of aliens, a fundamental, but different, field of human rights. Hence the residence and citizenship conditions defined in paragraph a.

      Similarly, the rights of minorities must not be confused with the rights of migrants or refugees, a no less fundamental field of human rights, but one that is also different. Hence paragraph b, emphasising the long-lasting nature, solidity and duration of links with the state of citizenship.

      On the other hand there is no doubt that the definition of Article 1 includes nomad populations, Gypsies in particular. Although they are a minority without a territory, Gypsies are nevertheless nearly always citizens of a state and may therefore benefit of an official right to residence of that state.

      Lastly, while paragraphs c and d define the proposed qualitative (para c) and quantitative (para d) objective features for distinguishing a national minority from the rest of the population, that is not enough. Ultimately, what counts most is a subjective factor: the desire of the members of a minority to affirm their status as such and to claim attachment to whatever gives them their specific identity. This is the subject of paragraph e.

Section 2: General principles

Article 2

      Article 2 draws a conclusion from this element of definition in para e: Membership of a minority can in no circumstances be a matter for decision by anyone other than the person himself; a fortiori it cannot be imposed by the state authorities. The principle of the free choice by a person of membership of a national minority implies freedom to alter that choice or not to identify with any minority.

      As it is the affirmation of the person concerned which determines his membership of a minority, it is essential that he be protected from any negative consequences of that affirmation, and this is the purpose of paragraph 2 of this article.

Article 3

      Article 3 puts forward two general principles. The first is explicit enough to require no comment, except that its general nature means that the right to a specific identity is the basis for all the other substantive rights.

      The second paragraph puts forward the general principle of the exercise of an individual right either individually or collectively.

Article 4

      Article 4 introduces to the actual text of the protocol the general principle of non-discrimination referred to at item 8 of the recommendation. It obviously prohibits all forms of discrimination from which minorities specifically may suffer, particularly in respect of access to housing, to employment in the public and private sectors, to training, to health care and to the benefits of public services in general.

Article 5

      Article 5 is an essential article, such is the extent to which population manipulation (removal of established populations, resettlement by new populations) have been, and continue to be, used to suppress the expression of national identities through enforced changes of the ethnic composition of whole regions.

Section 3: Substantive rights

Article 6

      Article 6 is necessary, going beyond general protection of the right of association, such is the frequency of prohibitions of the setting up of political parties on the basis of membership of a national minority.

      Although it is possible to think, as I do, that it is important for political divisions to transcend and cross ethnic divisions, this right is part of the fundamental political freedoms to be protected, and may sometimes constitute a moment of independent affirmation necessary for successful integration into a shared citizenship.

Article 7

      Article 7 is a statement of a linguistic right guaranteed as part of freedom of expression in the European Convention on Human Rights (Article 10) and in more detail in the European Charter for Regional or Minority Languages. This statement was necessary because of the specific nature of the protection offered by the machinery of the European Convention on Human Rights.

      Paragraphs 3 and 4 refer to a quantitative criterion which it seemed impossible to state more precisely other than by the word "substantive", leaving to the judicial body the task of assessing its scope.

Article 8

      Article 8 lays down a minimum threshold relating to minorities' education rights: the right to be taught one's mother tongue in state schools on the basis of arrangements taking account of quantitative criteria based on the geographical location of minorities and the right of minorities to open and manage their own schools. These rights do not include that of receiving a general education taught in one's mother tongue in state schools; nor do they exclude that right.

      Lastly, it is stated that the right to learn one's mother tongue does not exclude the possibility of being obliged to learn mathematics and the official language(s) of the country.

Article 9

      The right to petition a national authority is opened for individuals and for "representative" organisations. The parallel with hearings on petitions before the European Commission and Court of Human Rights made this provision necessary. This implies that states' legislation must provide the conditions for recognition of the "representative nature" of the organisations set up by national minorities.

Articles 10 and 11

      Articles 10 and 11 deal with rights which may have political repercussions; they were drafted with the intention of preserving the integrity of the state in all circumstances: contacts with nationals of another country must not infringe the principle of the "territorial integrity of states", and they are subject to the possibility of derogation for which Article 15 of the European Convention on Human Rights provides. (This is the only circumstance in which the protocol provides for the possible use of that derogation clause.) Those local and regional authorities which have a status such that a certain degree of administrative autonomy is possible for regions where minorities are in a majority may only be set up in compliance with the national legislation of the state concerned.

Section 4: Implementation of the protocol

Article 12

      It was important for this section to specify that states may go further in the recognition and promotion of the rights of minorities than the guarantees of the protocol (para 1) and that the positive measures taken by a state to combat the inequalities adversely affecting a minority may not be regarded as discriminatory (paragraph 2).

Article 13

      The rights protected by the protocol apply to all, including the members of a majority ethnic group when they are in a minority in a region of their country. For example the Hungarian minority is in a majority in certain regions of Romania. The Romanians in a minority in their regions must enjoy the protection of the provisions of the protocol.

Article 14

      Article 14 reiterates the customary provisions in almost exactly the same words used in sub-paragraph 2 of Articles 10 and 11 of the European Convention on Human Rights.

Section 5: Final clauses

      The final clauses were copied mutatis mutandis from protocol No. 6 to the Convention on Human Rights. We think it unlikely that the Contracting States will have to rely on the provisions of Article 15 of the convention2 with regard to the various articles of the protocol. Nevertheless, we thought it wise to make an exception for Article 11 of the protocol.

C.       CONCLUSIONS

1.       More than ever Europe needs appropriate protection of the rights of minorities. In presenting its own draft protocol the Assembly intends to promote and encourage the work for which the Committee of Ministers is responsible. Although a protocol of this kind relates only to Council of Europe member states, ie the Contracting Parties to the European Convention on Human Rights, its influence may extend well beyond our organisation's territory, not to mention the influence that it will have on the European countries which are not members of the Council of Europe, but aspire to join it.

2.       The proposed protocol is an integral part of our recommendation. However, after adoption of its recommendation, the Assembly will have to consider the action taken to follow it up and do its utmost to promote the adoption of the protocol. It will also be necessary to continue work on the other proposals relating to minorities, particularly those concerning mediation and conciliation. This is why a draft order has been attached to the draft recommendation.

Reporting committee: Committee on Legal Affairs and Human Rights.

Budgetary implications for the Assembly: None.

Reference: Order 474 (1992).

Draft recommendation and draft order: Adopted by the committee on 11 January 1993.

Members of the committee: Lord Kirkhill (Chairman), Mr Strimitzer (Vice-Chairman), Mr Jansson (Vice-Chairman), MM. Akaršali, Amaral, Arnalds, Bartodziej, Bindig, Borg, Candal, Cardelli, Chevalier, Columberg, Espersen, Franck, Fry, Fuhrmann, (Alternate: Gusenbauer), Galanos, Guenov, Gundersen, Guzetti, Hagňrd, Mrs Haller, MM. Karcsay, Kempinaire, Mrs Lentz-Cornette, MM. Loutfi (Alternate: Toshev), Markiewicz, Maroni, Mimaroglu (Alternate: Soysal), Nolan, Nu˝ez, Oehry, RodotÓ, Rodriguez Gomez, Rokofyllos, von Schmude, Mrs Soutendijk-van Appeldoorn (Alternate: de Hoop Scheffer), MM. Stamatis, Stoffelen, Tabajdi, Vogel, Ward, Worms.

N.B. The names of the members who took part in the vote are in italics.

Secretaries of the committee: Mr Plate and Ms Coin.


1 1 1. The term "convention" in this text refers to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

2 1 1. Article 15 of the convention authorises a state "in time of war or other public emergency threatening the life of the nation" to "take measures derogating from its obligations under the convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law".