Doc. 9163
3 July 2001

Transfrontier co-operation in preserving the identity of national minorities

Motion for a resolution

presented by Mr van der Linden and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

      One of the basic tasks of the Council of Europe and the Parliamentary Assembly is to promote the development of co-operation between member states as well as the development of transfrontier co-operation. The positive effects of this co-operation is favourable – in a direct or indirect way – for all communities living on both sides of the border, irrespective of national/ethnic origin. transfrontier co-operation is supported by international documents.

      This is a crucial element in respect of linguistic and cultural diversity in Europe and for maintaining and developing the identity of national minorities. Different Council of Europe conventions and Assembly recommendations stipulate in concreto the responsibilities and obligations of the states of which they are citizens and of the kin states as well as the obligations of persons belonging to national minorities to co-operate in this field. The co-operation should be in conformity with the provisions of the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority languages and other international documents.

      Article 17 of the Framework Convention stipulates that “The parties undertake not to interfere with the rights of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other states, in particular those with whom they share an ethnic, cultural, linguistic or religious identity or common cultural heritage.”

      Article 10 in the proposed additional protocol appended to Assembly Recommendation 1201 stipulates that “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 share ethnic, religious or linguistic features or a cultural identity.”

      Furthermore, relevant United Nations and CSCE documents determine the obligations of the participating states in this specific respect. Therefore the Assembly should study the existing legal solutions and political practices in, as well as between, the member states which promote the preservation and development of the cultural and linguistic identity of the national minorities from the following angles:

–       bilateral treaties and conventions,

–       international and domestic legal instruments,

–       well-functioning models, eg between Germany and Denmark, between Sweden and Finland, between Italy and Austria,

–       regional co-operation, twin communities.

Signed : ¹

van der Linden, Netherlands, EPP/CD

Aguiar, Portugal, EPP/CD

Bernik, Slovenia, EPP/CD

Biga-Friganovic, Croatia, SOC

Braun, Hungary, EPP/CD

Brejc, Slovenia, EPP/CD

Bušić, Croatia, EPP/CD

Cilevičs, Latvia, SOC

Cox, United Kingdom, SOC

de Puig, Spain, SOC

Eörsi, Hungary, LDR

Feric-Vac, Croatia, SOC

Gjellerod, Denmark, SOC

Hancock, United Kingdom, LDR

Hegyi, Hungary, SOC

Isohookana-Asunmaa, Finland, LDR

Judd, United Kingdom, SOC

Kurucsai, Hungary, EPP/CD

Lotz, Hungary, LDR

Podobnik, Slovenia, EPP/CD

Pokol, Hungary, EPP/CD

Robol, Italy, EPP/CD

Rogozin, Russia, EDG

Schieder, Austria, SOC

Škrabalo, Croatia, LDR

Stepová, Czech Republic, SOC

Surjan, Hungary, EPP/CD

Szinyei, Hungary, EPP/CD

Tabajdi, Hungary, SOC

Toshev, Bulgaria, EPP/CD

Urbanczyk, Poland, SOC

Vermot-Mangold, Switzerland, SOC

Vos, Netherlands, LDR

Zwerver, Netherlands, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group