Draft resolution
1The Parliamentary Assembly
is concerned about the new Education Act adopted on 5 September
2017 by the Ukrainian Verkhovna Rada (Ukrainian Parliament) and
signed on 27 September 2017 by the Ukrainian President, Petro Poroshenko.
2Various neighbouring countries claimed that this act infringes
the right of national minorities and raises sensitive legal issues
also under the Ukrainian legal order. In this respect, the Assembly
notes that the Ukrainian authorities have submitted the text of
the Education Act to the European Commission for Democracy through
Law (Venice Commission) for an opinion, which shall be delivered
by the end of 2017; however, the Assembly expresses dissatisfaction
that this step was not taken before the adoption of the Education
Act. In addition, the Assembly is aware that in March 2017 the Advisory
Committee on the Framework Convention for the Protection of National
Minorities adopted its opinion on Ukraine (4th cycle) which should
become public at the beginning of 2018 and that a report on Ukraine
submitted by the Committee of Experts of the European Charter for
Regional or Minority Languages (ETS No. 148) is being considered
by the Committee of Ministers.
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Valeriu GHILETCHI, Mr Corneliu-Mugurel COZMANCIUC
In the draft resolution, paragraph 2, in the first sentence, replace the words "right of" with the following words:
"rights of persons belonging to"
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Bernd FABRITIUS, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Corneliu-Mugurel COZMANCIUC
In the draft resolution, paragraph 2, after the first sentence, delete the following words:
"In this respect"
and insert the following sentence:
"The Assembly deplores the fact that there was no real consultation with representatives of national minorities in Ukraine on the new version of Article 7 of the Act adopted by the Supreme Rada."
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Bernd FABRITIUS, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Corneliu-Mugurel COZMANCIUC
In the draft resolution, paragraph 2, replace the last sentence with the following sentence:
"The Assembly has already, in its Resolution 2145 (2017) on the functioning of democratic institutions in Ukraine, voiced its concern regarding the diminution of the rights of persons belonging to national minorities, particularly the use of mother tongues in public places, and considers that further measures restricting the learning of mother tongues will have a significant negative impact on the right to linguistic identity of persons belonging to national minorities in Ukraine."
3Under these circumstances, The Assembly considers it premature
to take a stand on any legal issue. However, the Assembly believes
that it is important to fulfil the commitments based on the European Convention
on Human Rights (ETS No. 5), the Framework Convention for the Protection
of National Minorities (ETS No. 157, “Framework Convention”), and
the European Charter for Regional or Minority Languages, and to
help re-establish a constructive dialogue between the different
parties concerned. In this respect, for the Assembly, three interconnected
principles must guide the stakeholders towards more consensual arrangements.
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Bernd FABRITIUS, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Corneliu-Mugurel COZMANCIUC, Mr Ion POPA
In the draft resolution, paragraph 3, replace the words "Under these circumstances, The Assembly considers it premature to take a stand on any legal issue. However, the Assembly" with the following words:
"The Assembly takes note of serious concerns expressed on a number of legal issues. It"
4The first one is that knowledge of the official language of
a State is a factor of social cohesion and integration and it is
legitimate for States to promote the learning of the official language
and to ask that the State language be a language of education for
all.
Tabled by Ms Elvira KOVÁCS, Mr Zsolt NÉMETH, Mr István HOLLIK, Mr Attila TILKI, Mr Gábor HARANGOZÓ, Ms Márta DEMETER, Mr Attila KORODI, Mr Cezar Florin PREDA, Mr Ionuț-Marian STROE, Mr Bernd FABRITIUS, Mr Tobias ZECH, Mr Aleksander POCIEJ, Mr Killion MUNYAMA, Ms Rózsa HOFFMANN, Ms Mónika BARTOS, Mr Mladen BOSIĆ, Ms Borjana KRIŠTO
In the draft resolution, replace paragraph 4 with the following paragraph:
"According to Article 8 of the European Charter for Regional or Minority languages, ratified by Ukraine, the right to learn in a relevant regional or minority language at different levels of the education system has to be assured "without prejudice to the teaching of the official language(s) of the state"."
5The second one is that, as stated by the Advisory Committee
on the Framework Convention: “Language is an essential component
of individual and collective identity. For many persons belonging
to national minorities, language is one of the main factors of their
minority identity and identification.” Thus, where States take measures
to promote the official language, these must go hand in hand with
measures to protect and promote the languages of national minorities.
If this is not done, the result will be assimilation, not integration.
6The third one is the principle of non-discrimination. This
principle not only applies to the recognition and effective protection
of the rights of minorities, as enshrined in the Framework Convention,
and of the specific rights enshrined in the European Charter for
Regional or Minority Languages, but also to “the enjoyment of any right
set forth by law” according to Article 1 of Protocol No. 12 to the
European Convention on Human Rights (ETS No. 177).
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Valeriu GHILETCHI, Mr Corneliu-Mugurel COZMANCIUC, Mr Ion POPA
In the draft resolution, paragraph 6, in the second sentence, replace the word "minorities" with the following words:
"persons belonging to national minorities"
7For the Assembly, these three principles are essential elements
of a wider concept of utmost importance, which in fact underpins
the entire Framework Convention: the concept of “living together”.
8Based on the above-mentioned principles and the encompassing
concept of “living together”, the new legislation does not appear
to strike an appropriate balance between the official language and
the languages of national minorities.
9In particular, the new law entails a heavy reduction in the
rights previously recognised to “national minorities” concerning
their own language of education. These national minorities, who
were previously entitled to have monolingual schools and fully fledged
curricula in their own language, now find themselves in a situation
where education in their own languages can be provided (along with
education in Ukrainian) only until the end of primary education.
For the Assembly, this is not conducive to “living together”. However,
the Assembly recognises that teaching solely in the minority language
may disadvantage children of national minorities, who will not be
able to acquire sufficient levels of the official language, which
will consequently hamper their entering higher education and the
labour market.
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Gábor HARANGOZÓ, Ms Márta DEMETER, Mr Domagoj HAJDUKOVIĆ, Mr Attila KORODI, Mr Cezar Florin PREDA, Mr Ionuț-Marian STROE, Mr Bernd FABRITIUS, Mr Aleksander POCIEJ, Mr Killion MUNYAMA, Ms Rózsa HOFFMANN, Ms Mónika BARTOS, Ms Elvira KOVÁCS, Mr Zsolt NÉMETH, Mr Attila TILKI, Mr István HOLLIK
In the draft resolution, paragraph 9, delete the last sentence.
10The Assembly therefore recommends that the Ukrainian authorities
reconsider the issue of education in the language of minorities,
having as a reference a flexible model of bilingual education for
all persons belonging to “indigenous nations of Ukraine” and “national
minorities”, with no discrimination. In concrete terms, a possible
benchmark could be at least 60% of education curricula in the Ukrainian
language and up to 40% in the language of the minority.
(If adopted, amendments 6, 7 falls)
Tabled by Ms Rózsa HOFFMANN, Mr Attila KORODI, Mr Cezar Florin PREDA, Mr Ionuț-Marian STROE, Mr Bernd FABRITIUS, Mr Killion MUNYAMA, Ms Mónika BARTOS, Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Gábor HARANGOZÓ, Ms Márta DEMETER, Mr Domagoj HAJDUKOVIĆ, Ms Elvira KOVÁCS, Mr Zsolt NÉMETH, Mr Attila TILKI, Mr István HOLLIK
In the draft resolution, delete paragraph 10.
(Falls if amendment 13 is adopted)
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Valeriu GHILETCHI, Mr Corneliu-Mugurel COZMANCIUC, Mr Ion POPA
In the draft resolution, paragraph 10, in the first sentence, replace the word "minorities" with the following words:
"persons belonging to national minorities".
(Falls if amendment 13 is adopted)
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Corneliu-Mugurel COZMANCIUC, Mr Ion POPA
In the draft resolution, paragraph 10, delete the last sentence.
11In planning the implementation of the reform, flexibility
should be ensured to avoid hasty changes prejudicing the quality
of education provided to pupils and students belonging to national
minorities.
12In this respect, a three-year transitional period may prove
to be too short. Therefore, the Assembly urges the Ukrainian authorities
to also introduce flexibility regarding the length of the process
and allow for arrangements tailored to the concrete circumstances
of the communities concerned and the situation in different areas.
13The Assembly is aware that Ukrainian-speaking minorities in
neighbouring countries are not entitled to monolingual education
in their own languages and do not benefit from arrangements which
seek to promote bilingual education. Therefore, the Assembly recommends
that the authorities of neighbouring countries, which legitimately
call for the protection of their minorities, show readiness to offer
to the Ukrainian communities resident in their respective countries
similar arrangements to those that they claim for their own minorities.
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Bernd FABRITIUS, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Corneliu-Mugurel COZMANCIUC, Mr Ion POPA
In the draft resolution, delete paragraph 13.
14The Assembly decides to follow the developments in Ukraine
with regard to the protection and promotion of regional and minority
languages.
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Valeriu GHILETCHI, Mr Corneliu-Mugurel COZMANCIUC
In the draft resolution at the end of paragraph 14, insert the following sentence:
"It asks the Monitoring Committee to closely follow developments on this topic as a specific item within the current monitoring procedure for Ukraine."
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Cristian-Sorin DUMITRESCU, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Mr Viorel-Riceard BADEA, Ms Alina-Ștefania GORGHIU, Ms Oana-Mioara BÎZGAN-GAYRAL, Mr Bernd FABRITIUS, Mr Zsolt NÉMETH, Mr Valeriu GHILETCHI, Ms Elvira KOVÁCS, Mr István HOLLIK, Mr Corneliu-Mugurel COZMANCIUC, Mr Ion POPA
In the draft resolution, after paragraph 14, insert the following paragraph:
"The Assembly asks the Ukrainian authorities to fully implement the forthcoming recommendations and conclusions of the Venice Commission and to modify the new Education Act accordingly."
Tabled by Mr Zsolt NÉMETH, Ms Elvira KOVÁCS, Mr Attila TILKI, Mr István HOLLIK, Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Mr Gábor HARANGOZÓ, Ms Márta DEMETER, Mr Domagoj HAJDUKOVIĆ, Mr Cezar Florin PREDA, Mr Attila KORODI, Mr Ionuț-Marian STROE, Ms Rózsa HOFFMANN, Ms Mónika BARTOS, Mr Mladen BOSIĆ, Ms Borjana KRIŠTO, Ms Milena DAMYANOVA
In the draft resolution, after paragraph 14, insert the following paragraph:
"The Assembly recommends that Ukraine examines best practice in Council of Europe Member States in the field of teaching official languages, with special learning methods designed for schools using regional or minority languages as the language of education."
