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<p><font size="5"><b>Protection of national minorities</b></font></p>

<p><b>REPORT</b></p>

<p><b>Doc. 7899</b></p>

<p>8 September 1997<b> </b></p>

<p><b>(Rapporteur: Mr Henning Gjellerod, Denmark, Socialist
Group)</b></p>

<hr size="1">

<p>&nbsp;</p>

<p><i>Summary</i></p>

<p>The protection of national minorities continues to be a
crucial element of peace and security in Europe.</p>

<p>There is no shortage of international legal and political
instruments, but there still is insufficient political will to
accept and implement these.</p>

<p>Too often, protection of minorities remains an issue of
foreign, rather than domestic, policy.</p>

<p>Member states should ratify and implement the Council of
Europe's legal instruments: the Framework Convention for the
Protection of National Minorities and the European Charter for
Regional or Minority Languages.</p>

<p>The European Union should systematically take account of the
results of the Council of Europe's monitoring mechanisms when
assessing respect for minority rights.</p>

<p>&nbsp;</p>

<p><b>I. Draft recommendation</b></p>

<p>1. The protection of national minorities continues to be a
crucial element of peace and security in Europe. </p>

<p>&nbsp;</p>

<p>2. The action taken by international organisations to ensure
such protection has been largely complementary. Specific
shortcomings are, however, found in each organisation, as well as
in the co-ordination of activities between them.</p>

<p>&nbsp;</p>

<p>3. The Organisation for Security and Cooperation in Europe
(OSCE) has adopted important political declarations of intent and
has established, as an instrument of conflict prevention, the
Office of High Commissioner on National Minorities. However, its
standards - set by unanimity -are not legally binding.</p>

<p>&nbsp;</p>

<p>4. The Council of Europe, at the Assembly's initiative, has
prepared legally binding instruments, notably the Framework
Convention for the Protection of National Minorities and the
European Charter for Regional or Minority languages. Yet, neither
instrument has entered into force so far because of an
insufficient number of ratifications.</p>

<p>&nbsp;</p>

<p>5. Like the Framework Convention, the current
intergovernmental Confidence-Building Measures in the minority
field are a follow-up to the Council of Europe's 1993 Vienna
Summit. So far, only six member states have made voluntary
contributions to finance projects. </p>

<p>&nbsp;</p>

<p>6. The European Union has made protection of minorities a
condition for economic cooperation as well as for membership. The
effectiveness of its policy is however seriously hampered by the
absence of a permanent monitoring mechanism and lack of clarity
with regard to the standards a given country is supposed to
respect in this field.</p>

<p>&nbsp;</p>

<p>7. Political declarations on the issue have further been
adopted by the United Nations General Assembly, the
Inter-Parliamentary Union, and the Central European Initiative.
The Council of the Baltic Sea States has established the Office
of the Commissioner on Human Rights and Minority Questions, with
an 'ombudsman'-mandate.</p>

<p>&nbsp;</p>

<p>8. Clearly, there is no shortage of international political
and legal instruments for the protection of minorities, but there
is still insufficient political will to accept and implement
these. Protection of minorities all too often remains an issue of
foreign, rather than domestic, policy.</p>

<p>&nbsp;</p>

<p>9. Therefore, the Assembly recommends that the Committee of
Ministers: </p>

<ol type="i" start="1">
    <li>call for further ratifications of the Framework
        Convention for the Protection of National Minorities and
        the European Charter for Regional or Minority Languages
        in order to enable these instruments to enter into force
        on the occasion of the Second Council of Europe Summit,
        to be held in Strasbourg on 10 and 11 October 1997;</li>
    <li>strongly urge member states to comply with the
        above-mentioned Council of Europe instruments;</li>
    <li>increase its cooperation with the European Union to
        ensure that the results of the Council of Europe's
        monitoring procedures - of the Committee of Ministers and
        of the Assembly - are taken systematically into account
        by the Union, in particular when assessing compliance
        with the human rights/minority clauses in its agreements
        with third countries and in its examination of requests
        for membership;</li>
    <li>increase the funds available through the ordinary budget,
        and call for further voluntary contributions, for the
        Council of Europe's Confidence-Building Measures aimed at
        preventing minority conflicts. </li>
</ol>

<p>&nbsp;</p>

<p><b>II. Explanatory memorandum by the Rapporteur</b></p>

<p>1. The protection of national minorities continues to be a
crucial issue for peace and stability in Europe. It remains an
Assembly priority and no less than five texts - Recommendation
1201 (1993), Resolution 1049(1994), Recommendation 1255 (1995),
Recommendations 1285 and 1300 (1996) - have been adopted in the
last four years. </p>

<p>&nbsp;</p>

<p>2. The aim of this report is to draw up a political balance
sheet of achievements and setbacks on action taken on the issue
by the member States of the Council of Europe in the framework of
our Organisation, the OSCE, European Union and other
international organisations, with a view to addressing specific
proposals to the Committee of Ministers.</p>

<p>&nbsp;</p>

<p>3. Such a balance sheet makes it possible to identify some of
the difficulties which prevent the full use of the legal,
political and other instruments at our disposal. It should also
help us to develop a more efficient and co-ordinated action with
relevant international organisations in this field.</p>

<p>&nbsp;</p>

<p>4. This report is not intended to examine new legal norms and
mechanisms which is a task of the Committee on Legal Affairs and
Human Rights.</p>

<p>&nbsp;</p>

<p>5. The Council of Europe has extensive experience in the
protection of minority rights, enabling it to create legally
binding instruments such as, notably, the Framework Convention
for the Protection of National Minorities. Its main difficulty is
the lack of political will of its member States to ratify and
implement these instruments (see Annex A). Only in the case of
accession of new member States is there some leverage to impose
signature and ratification of existing instruments.</p>

<p>&nbsp;</p>

<p>6. The European Union (EU) maintains a comprehensive network
of economic relations with European non-member states, a number
of which are candidates for membership. All these states are
already members of the Council of Europe. The EU attaches
considerable importance to respect for human and minority rights.
A clause providing for suspension or other measures in the case
of violation of those rights is included in all agreements with
third countries concluded after 1989 (see Annex B).</p>

<p>&nbsp;</p>

<p>7. The Organisation for Security and Co-operation in Europe
(OSCE) is at the origin of several political declarations of
intent dealing with minorities. In the context of crisis and
conflict management and prevention, its High Commissioner on
National Minorities has been particularly effective.</p>

<p>&nbsp;</p>

<p>8. An example of successful regional co-operation is the
Commissioner of the Council of the Baltic Sea States on
Democratic Institutions and Human Rights including the Rights of
persons belonging to Minorities. This and other regional
approaches could usefully complement the work of the Council of
Europe, either through co-operation with Assembly rapporteurs or
through working with the future Advisory Committee under the
Framework Convention for the Protection of National Minorities.</p>

<p>&nbsp;</p>

<p><b>II. Council of Europe</b></p>

<p><strong><i>European Charter for Regional or Minority Languages</i></strong><i>
</i></p>

<p>9. The first attempt at strengthening the protection of
European minorities was the adoption of the European Charter for
Regional or Minority Languages. This Charter was adopted by the
Committee of Ministers in November 1992 with the aim to protect
the languages spoken by these minorities. It encourages States to
protect the status of regional and minority languages, but it
does not confer any specific rights on those who speak them.</p>

<p>&nbsp;</p>

<p>10. The charter entails comprehensive and very specific
provisions on the protection of minority languages. States are
supposed to provide adequate educational and cultural facilities
and unlimited access to the media for minority languages. An
expert committee under the auspices of the Committee of Ministers
should monitor whether the participating states fulfil the
commitments of the Charter, and the participating states are
required to report every three years about the fulfilment of the
provisions. The <i>states</i> define what languages should be
subject to monitoring, and immigrant languages are not included.</p>

<p>&nbsp;</p>

<p>11. More than four years after the charter was opened for
signature only four countries (Finland, Hungary, the Netherlands
and Norway) have completed the ratification procedure. Since five
ratifications are required for the charter to enter into force it
is not yet legally binding. The drawn out ratification process
indicates a lack of political will. Most states seem to fear the
financial, technical and other implications of ratifying the
charter. However, a harmonious relationship between majorities
and minorities offers benefits, in terms of stability and
international goodwill, that would outweigh the costs of
supporting special arrangements for minority languages. The
ratification of the charter by a majority of member states would
therefore represent an important step in the right direction.</p>

<p>&nbsp;</p>

<p><strong><i>Assembly Recommendation 1201</i></strong></p>

<p>12. In February 1993, the Parliamentary Assembly adopted
Recommendation 1201, which directly addresses the difficult issue
of minority rights. The appendix to this Recommendation contains
the <i>Text of the proposal for an additional protocol to the
European Convention on Human Rights. </i>Article 1 offers one of
the first international attempts at defining the term
&quot;national minority&quot;: </p>

<blockquote>
    <p><i>&quot;National Minorities: </i></p>
    <ol type="a" start="1">
        <li><i>reside on the territory of that state and are
            citizens thereof,</i></li>
        <li><i>maintain long-standing, firm and lasting ties with
            that state</i></li>
        <li><i>display distinctive ethnic, cultural, religious or
            linguistic characteristics</i></li>
        <li><i>are sufficiently representative, although smaller
            in number than the rest of the </i></li>
        <li><i>population of that state or of a region of that
            state and</i></li>
        <li><i>are motivated by a concern to preserve together
            that which constitutes their common identity,
            including their culture, their religion or their
            language.&quot;</i></li>
    </ol>
</blockquote>

<p>&nbsp;</p>

<p>13. Although this definition can be interpreted in many
different ways, the article is an impartial attempt at providing
commonly acceptable criteria for a common European definition of
the complex term &quot;minority&quot;. </p>

<p>&nbsp;</p>

<p>14. Article 11 emphasises the rights of persons belonging to
minorities to autonomy within the boundaries of their respective
states. The article reads as follows: &quot;<i>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.&quot;</i> </p>

<p>&nbsp;</p>

<p>15. This Article provoked some strong reactions. Treaties on
good neighbourliness and friendly co-operation between Hungary
and Slovakia and Hungary and Romania - concluded in the framework
of the Pact on Stability (see chapter III below ) - both refer to
Recommendation 1201, but explicitly exclude Article 11, either in
the agreement itself or in a declaration when ratifying. Due to
these controversies, an interpretation of Article 11 was
requested from the Commission for Democracy through Law
(&quot;Venice Commission&quot;). </p>

<p>&nbsp;</p>

<p>16. Nevertheless, the Assembly decided that it would continue
to consider the draft protocol in Recommendation 1201 as a
reference text and that it would expect member States to base
their legislation and policies in respect of minorities on it.
Consequently, the respect of the principles of the protocol has
been included as a commitment in Assembly opinions on the
admission of new member States. </p>

<p>&nbsp;</p>

<p><strong><i>Vienna Summit</i></strong></p>

<p>17. The Heads of State and Government of the Council of Europe
meeting in Vienna in October 1993 instructed the Committee of
Ministers &quot;<i>to draft with minimum delay a Framework
Convention specifying the principles which contracting States
commit themselves to respect&quot;</i> and to &quot;<i>begin work
on drafting a protocol complementing the European Convention on
Human Rights in the cultural field by provisions guaranteeing
individual rights, in particular for persons belonging to
national minorities.&quot; </i></p>

<p>&nbsp;</p>

<p>18. The fact that the Heads of State emphasised the necessity
to protect the rights of persons belonging to national minorities
represented a clear progress in the process towards ensuring a
higher level of international protection of minorities. The fact
remains however, that the decision on the Framework Convention
failed short of the level of the protection envisaged in the
Recommendation 1201 (1993) and that the work on a protocol
complementing the European Convention on Human Rights has been
suspended. </p>

<p>&nbsp;</p>

<p><strong><i>Framework Convention for the Protection of National
Minorities</i></strong></p>

<p>19. The Framework Convention was adopted in 1994, as a direct
follow up to the Vienna Summit and as the first legally binding
multilateral instrument in its field. It sets out some principles
relating to the promotion of the identity of national minorities,
which the parties undertake to respect. It does not define the
concept of national minority.</p>

<p>&nbsp;</p>

<p>20. In its Recommendation 1255 (1995) the Assembly expressed
the opinion that the Convention is weekly worded and that it
formulates a number of vaguely defined objectives and principles,
the observation of which will be an obligation of the contracting
party, but not a right which individuals may invoke. In
Recommendations 1285 (1996) and 1300 (1996), it made a series of
proposals to improve the monitoring procedure by the advisory
committee to be set up.</p>

<p>&nbsp;</p>

<p>21. The Convention has still not entered into force and
several member States even failed to sign it. There are 34
signatures but only nine ratifications of the Convention. Twelve
ratifications are needed for the entry into force.</p>

<p>&nbsp;</p>

<p><strong><i>Confidence-building measures</i></strong></p>

<p>22. Confidence-building measures are yet another follow up to
the Vienna Summit. They are intended to provide expert assistance
on draft bilateral treaties and national legislation and pilot
projects to promote good relations between minorities and the
majority of a population in the context of conflict prevention. A
number of projects concerned the situation of Roma, which is of
particular importance as Roma community does not benefit from the
protection on the basis of bilateral treaties in the same way as
other minorities.</p>

<p>&nbsp;</p>

<p>23. A Steering Group was set up by the Committee of Ministers
to examine proposals and select projects. These are financed
through the ordinary budget of the Council of Europe and through
voluntary contributions. So far only six countries made such
voluntary contributions namely: Finland, Liechtenstein,
Luxembourg, Netherlands, Switzerland and the United Kingdom. The
Assembly should recommend to the Committee of Ministers to
increase the funds available through the ordinary budget and
encourage those countries which have not yet done so to
contribute to the voluntary fund.</p>

<p>&nbsp;</p>

<p><strong><i>Joint programme with the EU Commission:
accompanying measures Stability Pact</i></strong></p>

<p>24. Signed on 10 June 1996 to expectedly last 18 months, the
initial programme on minorities in Central European countries is
carried out jointly with the EU Commission's PHARE Programme. It
consists of four main projects: </p>

<ul>
    <li>regular meetings of the Governmental Offices for National
        Minorities to create a spirit of co-operation and mutual
        understanding,</li>
    <li>a scheme of study visits to promote en exchange of
        technical assistance between countries where Governmental
        Offices for National minorities exist and those which are
        in the process of setting up similar structures,</li>
    <li>a series of sub-regional workshops and seminars
        associating countries confronted by similar problems in
        order to define common solutions and to develop new
        co-operation schemes,</li>
    <li>pilot projects for professional training in areas
        relevant to the issue of national minorities
        (governmental officials, journalists, cultural
        administrators, teachers, etc).</li>
</ul>

<p>&nbsp;</p>

<p><i>&quot;Democracy, Human Rights and Minorities&quot; project</i></p>

<p>25. This project ended in May 1997 after four years. The
intersectoral project was run by the Council for Cultural
Co-operation and its specialised committees. The aim was to
promote principles and practical measures for ensuring cultural
diversity and intercultural democracy. The project's conclusion
drew up a list of suggestions and guidelines for future action in
the fields of media, languages and literature, heritage and
especially history, the religious dimension of cultural identity,
community's cultural life and development, education for
citizenship and human rights. </p>

<p>&nbsp;</p>

<p>26. The Final Declaration called upon the forthcoming Second
Summit of the Council of Europe Heads of State and Government to
&quot;<i>give high priority to cultural co-operation so as to
ensure that the intercultural dimension is taken into account in
the construction of Europe and in the education and training of
its citizens</i>&quot;.</p>

<p>&nbsp;</p>

<p><b>III. European Union</b></p>

<p><strong><i>The human rights clause in agreements with third
countries</i></strong></p>

<p>27. The EU has been systematically including references to the
protection of human rights and democratic principles to its
agreements with third countries since the fourth Lom� Convention
in 1989. All subsequent agreements contain a clause in the body
of the agreement referring to respect for human rights and
democratic values as essential elements of the agreement. The
clause authorises the suspension or provides for appropriate
measures should the parties fail to meet their obligations. The
preamble refers to the universal and/or regional instruments.
This usually includes the Universal Declaration of Human Rights,
the Helsinki Final Act and the Charter of Paris for a new Europe.
</p>

<p>&nbsp;</p>

<p>28. The inclusion of a specific reference to the rights of
minorities in these clauses and a reference to relevant Council
of Europe texts would significantly improve the human rights
dimension of the agreements in question. The findings of Council
of Europe monitoring procedures should be taken into account by
the EU when assessing respect for these clauses.</p>

<p>&nbsp;</p>

<p><strong><i>Conditions for membership</i></strong></p>

<p>29. The respect for national minorities is also a condition
for the accession of new member states. Conclusions of the
European Council in Copenhagen in June 1993 stated that
membership in the EU requires&quot;..<i>.stability of
institutions guaranteeing democracy, the rule of law, human
rights and respect for and protection of minorities</i>...&quot;.
In a Resolution on the preparation for accession of East European
countries (A4-0101/96) the European Parliament has urged the
Council and the Commission &quot;..<i>.in their policy towards
Central and Eastern Europe, to take full account of the political
activities of other international institutions in this field.</i>..&quot;.</p>

<p>&nbsp;</p>

<p><strong><i>Strategy in relations with countries of
south-eastern Europe</i></strong></p>

<p>30. The Council of Ministers on 29 April 1997 adopted a
strategy on the conditionality in relations with the countries of
south-eastern Europe, which have not yet concluded a European
agreement on associated membership (Bosnia and Herzegovina,
Croatia, the Federal Republic of Yugoslavia, the former Yugoslav
Republic of Macedonia and Albania). Respect for the right of
minorities is an explicit condition for the unilateral commercial
preferences, participation in the PHARE programme or conclusion
of contractual relations. The strategy refers to &quot;<i>generally
accepted norms in the protection of human rights and rights of
minorities</i>&quot;. Additional elements to be considered in
examining the compliance with this norms include:</p>

<blockquote>
    <ul>
        <li>the right to create and maintain their own
            educational, cultural and religious institutions,
            organisations and associations,</li>
        <li>reasonable possibilities for the minorities to use
            their own language in courts and with public
            authorities,</li>
        <li>adequate protection of refugees and displaced persons
            returning from regions where they constituted an
            ethnic minority.</li>
    </ul>
    <blockquote>
        <p>&nbsp;</p>
    </blockquote>
</blockquote>

<p>31. In spite of these elements the definition of the
obligations imposed on countries in question is far too general.
A reference to the relevant texts of the Council of Europe,
primarily the Framework Convention for the Protection of National
Minorities and the European Charter for Regional and Minority
Languages would make the strategy in this particular aspect more
transparent and efficient. This would also open the way for
further co-operation, with the Council of Europe - also through
its monitoring mechanisms - providing guidelines and
recommendations for the implementation of the strategy in the
field of human rights and rights of minorities. </p>

<p>&nbsp;</p>

<p><strong><i>The Pact on Stability</i></strong></p>

<p>32. Following the crisis in former Yugoslavia and in order to
prevent an outbreak of ethnic conflicts in other parts of Europe,
the then French Prime Minister, Edouard Balladur, launched an
initiative in 1993 to establish a &quot;Pact on Stability&quot;
with all EU applicant states. Balladur's vision was to strengthen
the foreign policy profile of the European Union by ensuring that
applicant states solve their historical differences as well as
minority problems<i> prior </i>to entering the European Union.
Although the original proposal of the French government was
changed considerably before being endorsed by the EU in 1994, the
main idea remained intact: to contribute to the stability of
Europe by preventing, through the conclusion of agreements by the
parties concerned, tension and potential conflicts, which would
undermine the balance of the continent. The Pact on Stability
offers, by its consequent use of both carrot (various EU-support
programmes) and stick (states with unsolved bilateral conflicts
or grave minority problems should not expect to become members of
the EU), the applicant states a clear picture of some of the <i>political</i>
expectations of the European Union.</p>

<p>&nbsp;</p>

<p>33. The Pact on Stability consists of two parts. The first
part is a multilateral &quot;Declaration of Good
Neighbourliness&quot;, that was signed in March 1995. This
declaration is politically binding for all signatories. The
document declares that the aim of the pact is to increase
co-operation and solidarity in Europe. The obstacles to achieve
this are identified as &quot;<i>all manifestations of
intolerance, and especially of aggressive nationalism, racism,
chauvinism, xenophobia and anti-Semitism, as well as
discrimination between persons and persecution on religious or
ideological grounds</i>&quot; (art. 4). This declaration was
signed by all OSCE participating states as well as by the
principal multilateral organisations in Europe.</p>

<p>&nbsp;</p>

<p>34. The second part of the Pact consists of more than 100
bilateral treaties between:</p>

<ol type="a" start="1">
    <li>applicant states and members of the European Union</li>
    <li>applicant states</li>
    <li>applicant states and their CIS neighbours.</li>
</ol>

<p>&nbsp;</p>

<p>35. The task of monitoring the many treaties and mediating in
potential conflicts between the parties was handed over to the
OSCE in March 1995.</p>

<p>&nbsp;</p>

<p>36. Of more than hundred agreements and arrangements included
in the Pact, only seven were signed after the start of the
negotiation process. It should be acknowledged that the Pact had
a positive impact on the negotiation process between Hungary and
its two neighbours. A treaty on neighbourly relations was signed
in with Slovakia in 1995 and with Romania in 1997. The Pact also
helped dialogue between the Baltic states and Russia. </p>

<p>&nbsp;</p>

<p>37. The Pact unfortunately failed to provide for an active
mechanism of monitoring of compliance. Its impact on the
agreements and arrangements that preceded it therefore remains
negligible.</p>

<p>&nbsp;</p>

<p><b>IV. OSCE</b></p>

<p>38. The OSCE has been successful at formulating political
declarations that have served as the basis for the work of other
organisations. The documents are consensus documents, signed by
all states. Unanimous decision-making in an organisation that
today encompasses 55 member states - although the Federal
Republic of Yugoslavia remains suspended - is however troublesome
and requires lengthy negotiations. The complex task of reaching a
compromise between the conflicting opinions of all member states
often necessitates so many reservations that it considerably
weakens the original intentions of the document (as was the case
of the mandate establishing the High Commissioner on National
Minorities). The member states, in 1992, therefore agreed to
strengthen the organisation's ability to respond swiftly to
challenges by introducing the &quot;consensus-minus-one&quot; for
some decision-making procedures. </p>

<p>&nbsp;</p>

<p><strong><i>The Copenhagen Document</i></strong></p>

<p>39. Minority rights were placed in the forefront at the summit
in Copenhagen in 1990 by the adoption of the so-called Copenhagen
Document. The Document commits all member states to recognise the
rights of persons belonging to national minorities. It is clearly
stated in the Document, that &quot;<i>Persons belonging to
national minorities have the right freely to express, preserve
and develop their ethnic, cultural, linguistic or religious
identity and to maintain and develop their culture in all its
aspect, free of any attempts at assimilation against their will</i>&quot;.
The Copenhagen Document has been a very important reference for
the work of other organisations. For the first time since World
War II it was recognised that minority rights should be subject
to scrutiny by the main international organisations. With this
breakthrough the door was opened for addressing minority rights
issues also in other fora.</p>

<p>&nbsp;</p>

<p><strong><i>The High Commissioner on National Minorities</i></strong></p>

<p>40. At the OSCE meeting in Helsinki in July 1992, the Heads of
State decided to establish a new tool for conflict prevention - a
High Commissioner on National Minorities. The main task of the
High Commissioner is to prevent conflicts involving national
minorities and provide early warning, that is to identify
problems and encourage solutions before they develop into armed
conflicts. In January 1993, the former Dutch Foreign Minister,
Mr. Max van der Stoel was appointed the first High Commissioner
on National Minorities. </p>

<p>&nbsp;</p>

<p>41. The High Commissioner can conduct missions in countries,
without the consent of the governments, if he receives
information indicating the potential for a bilateral conflict.
Many states have endorsed his mediation efforts and assisted his
fact-finding missions. The High Commissioner has been actively
involved as a mediator in Albania, Slovakia, Hungary, Moldova,
Estonia, Ukraine, Kyrgyzistan as well as other states. The High
Commissioner has not limited himself to defending national
minorities. On a number of occasions he has also raised his voice
in defence of the rights of minorities that do not have a home
state, such as the Roma.</p>

<p>&nbsp;</p>

<p>42. However despite this and other limitations of the mandate,
the mere fact that an international organisation now specifically
deals with the problem of minority rights constitutes an
important progress. Failure to comply with the High
Commissioner's recommendations would certainly have consequences
and could endanger a participating state's integration into other
organisations.</p>

<p>&nbsp;</p>

<p><strong><i>Repository for the Pact on Stability</i></strong></p>

<p>43. The conference on Stability in Europe held in Paris, 20-21
March 1995, adopted a Pact on Stability (see chapter III)
comprised of a political declaration and a wide range of
bilateral agreements and arrangements with a non-exhaustive list
of accompanying measures supported by the EU which was also
annexed. </p>

<p>&nbsp;</p>

<p>44. The Pact was handed over to the OSCE to follow its
implementation. The OSCE serves as a repository, but there are no
mechanisms for active monitoring of the compliance with the Pact.</p>

<p>&nbsp;</p>

<p><b>V. Others</b></p>

<p><strong><i>United Nations</i></strong><strong> </strong></p>

<p>45. Article 27 of the International Covenant on Civil and
Political Rights provides that: &quot;in those States, in which
ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in
community with other members of their group, to enjoy their own
culture, to profess and practice their own religion, or to use
their own language&quot;. Article 27 served as a base for some
concrete decisions on the issue of minorities the Human Rights
Committee.</p>

<p>46. The Declaration on Rights of Persons belonging to
National, Ethnic, Religious and Linguistic Minorities, adopted by
the General Assembly in December 1992 lists some rights in favour
of persons who are members of ethnic, religious and linguistic
minorities. The political obligations of the states are, however,
not precise and cautiously drafted. </p>

<p>&nbsp;</p>

<p><strong><i>Inter-Parliamentary Union</i></strong></p>

<p>47. A resolution, presented by your Rapporteur to the IPU in
1996, on the protection of minorities as a global issue and a
prerequisite for stability, security and peace called upon
Governments and Parliaments to, inter alia, enhance the legal
status of minorities, conclude bilateral and multilateral
treaties to implement the rights of minorities, to encourage
links between global, transnational and regional organizations
with a view to co-ordinating efforts to protect minorities and to
ensure the enforcement of measures adopted for the protection of
the rights of minorities and to periodically review and analyse
them in order to ensure their effectiveness.</p>

<p>&nbsp;</p>

<p>48. The resolution also called on minorities and their
representatives to: &quot;<i>recognize that just as persons
belonging to minorities have rights which require protection,
they also have duties and obligations to respect civil order and
the rule of law</i>&quot;. Furthermore, the resolution called on
minorities and their representatives to: &quot;<i>seek peaceful
solutions and refrain from using violence in securing their
rights</i>&quot;. </p>

<p>&nbsp;</p>

<p><strong><i>Council of the Baltic Sea States</i></strong></p>

<p>49. The members of this Council (Denmark, Sweden, Norway,
Finland, Iceland, Estonia, Latvia, Lithuania, Russia, Poland,
Germany and the EU Commission) agreed to establish the Office of
the Commissioner on Human Rights and Minority Questions in March
1993. It has an &quot;ombudsman&quot;-mandate&quot; giving him
the possibility to receive individual complaints and publish an
overview of action taken. The current Commissioner is a former
member of the Parliamentary Assembly, Mr Ole Espersen from
Denmark. All states covered by his mandate have established an
&quot;Ombudsman&quot; like institution or are expected to do so
before the end of 1997. The Commissioner received more than 100
individual complaints, most of which have already been resolved.
Many dealt with the problem of citizenship, particularly with
regard to Russian speaking population in the Baltic states, with
residence permits and with family reunification. </p>

<p>&nbsp;</p>

<p>50. According to Mr Espersen, a long term goal should be to
establish a network of regional Commissioners, acting in
co-operation with the Council of Europe.</p>

<p>&nbsp;</p>

<p><strong><i>Central European Initiative</i></strong></p>

<p>51. The Central European Initiative was set up in 1989 as an
Italian initiative for regional political and economic
co-operation. It currently has 16 members: Albania, Austria,
Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech
republic, the former Yugoslav Republic of Macedonia, Italy,
Moldova, Poland, Romania, Slovakia, Slovenia, Ukraine and
Hungary. </p>

<p>&nbsp;</p>

<p>52. A political declaration on the Protection of Minority
Rights was signed in November 1994, by which the states
recognised the right of persons belonging to national minorities
to exercise fully their rights and fundamental freedoms,
individually or jointly with others. The document pays special
attention to the question of gypsies. A working group on
minorities has also been set up.</p>

<p>&nbsp;</p>

<p><b>VI. Conclusions</b></p>

<p>53. It is evident that the protection of national minorities
is often seen as an issue of foreign rather than of domestic
policy. This makes it extremely difficult to ensure the respect
for generally accepted standards in the case of unresolved issues
between neighbouring states and in generally unstable regions,
for example in the Balkans - where an improvement of the
situation of minorities would be most urgently needed. </p>

<p>&nbsp;</p>

<p>54. The action taken in favour of national minorities by the
international organisations is conducted under an informal
division of labour, with the OSCE providing political
declarations of intent and the Council of Europe drawing up
legally binding documents. The European Union, through its
economic agreements with third countries, theoretically has
effective leverage to ensure implementation of international
standards.</p>

<p>&nbsp;</p>

<p>55. Shortcomings are found in each of the organisations
involved as well as in the co-operation and co-ordination of
activities between these organisations.</p>

<p>&nbsp;</p>

<p>56. The political texts adopted by the OSCE, as well as the
mandate of the High Commissioner on National Minorities are
weakened by the fact that they represent the lowest common
denominator of positions of more than fifty member states, which
are deciding with unanimity.</p>

<p>&nbsp;</p>

<p>57. The Council of Europe's record in the protection of human
rights, its past work on the protection of minorities as well a
lower number of participating countries would argue in favour of
more ambitious standards in the protection of national
minorities. However, the fact that its standards are to be
legally binding, has set serious limits to such ambitions. This
has affected the drafting as well as entering into force of the
Council of Europe instruments.</p>

<p>&nbsp;</p>

<p>58. The European Union, through its economic leverage, clearly
has at its disposal an effective means of ensuring implementation
of standards for the protection of human rights and rights of
minorities. However, the absence of a permanent monitoring
mechanism and lack of clarity with regard to the standards a
given country is supposed to respect seriously hampers its
effectiveness. </p>

<p>&nbsp;</p>

<p>59. The problem with the effective protection of the rights of
persons belonging to national minorities is not a shortage of
international political and legal instruments, but their
acceptance and implementation. The Assembly should increase its
efforts to ensure that the Council of Europe's legally binding
instruments, such as the European Charter for Regional or
Minority Languages and the Framework Convention for the
Protection of National Minorities, be ratified and implemented.</p>

<p>&nbsp;</p>

<p>60. The Committee of Ministers should continue its work on the
protection of minorities through the appropriate expert
committees. This should include activities involving governments
and civil society aimed at promoting the effective implementation
of international standards.</p>

<p>&nbsp;</p>

<p>61. It is equally important that regular monitoring be carried
out by the Assembly and the Committee of Ministers, in close
co-ordination with the European Union. This co-ordination would
be most effective if the European Union were to take the results
of the monitoring procedures of the Parliamentary Assembly and
the Committee of Ministers systematically into account, in
particular when assessing the compliance with the human
rights/minority rights clauses in its agreements with third
countries. The European Union should furthermore make full use of
the Council of Europe's expertise when providing assistance to
applicant states.</p>

<p>&nbsp;</p>

<hr size="1">

<p>Reporting committee: Political Affairs Committee.</p>

<p>Budgetary implications for the Assembly: none</p>

<p>Draft recommendation unanimously adopted by the committee with
3 abstentions on 1 September 1997.</p>

<p>Members of the committee: <i>Mr</i> <i>B�rsony (Chairman)</i>,
Sir Anthony Durant (Vice-Chairman) <i>(Alternate Mr Atkinson)</i>,
Mr van der Linden (Vice-Chairman), <i>Mrs Ojuland
(Vice-Chairperson)</i>, MM Aloglu <i>(Alternate: Mr Kiratlioglu)</i>,
<i>Antretter</i>, Bakke, <i>Baumel</i>, <i>Mrs Belohorska</i>, MM
Belyaev, Bergqvist, Bernardini, <i>Bj�rck</i>, <i>Bloetzer</i>,
Bokov, Cem, Chircop <i>(Alternate Mr. de Marco)</i>, <i>Chornovil</i>,
Deasy, Diacov, <i>Domljan</i>, <i>Evangelisti</i>, <i>Galanos</i>,
<i>Gjellerod</i>, <i>Hardy</i>, Hornhues <i>(Alternate: Mr
B�hler), </i>Irmer, <i>Iwinski</i>, <i>Kalus</i>, <i>Mrs Kautto</i>,
MM Kirilov, <i>Kuzmickas</i>, Mrs Lentz-Cornette, MM Lopez
Henares <i>(Alternate: Mr Puche)</i>,Lupu <i>(Alternate: Mr
Kelemen)</i>, <i>van der Maelen</i>, Maginas, <i>Mart�nez</i>,
Medeiros Ferreira, Meier, <i>Melescanu</i>, Mota Amaral, <i>M�hlemann</i>,
Musto, <i>Oliynik</i>, <i>Pahor</i>,<i> Palmitjavilo Ribo,</i>
Popovski, Prusak, Mrs Ragnarsdottir, MM Risari <i>(Alternate Mr
Diana)</i>, <i>Schieder, Schwimmer</i>, <i>Selva, Sinka</i>, <i>Sir
Dudley Smith</i>, Mr Spahia <i>(Mrs Karamitro)</i>, <i>Mrs
Stepova</i>, <i>Mrs Suchocka</i>, MM <i>Toshev, </i>Urbain <i>(Alternate:
Mr Staes)</i>, Vrettos, <i>Woltjer</i>, Ziuganov. </p>

<p>&nbsp;</p>

<p><i>N.B. The names of those members who took part in the
meeting are printed in italics.</i></p>

<p>Secretaries of the committee : Mr Kleijssen, Mr Gruden.</p>
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