Doc. 9259

8 October 2001

Common standards for protecting the rights of national minorities

Motion for a recommendation

presented by Mr Rogozin and others

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

1.       The Assembly reiterates that protection of the rights of national minorities is an integral part of the protection of human rights and serves as an important instrument for strengthening democracy, stability and security on the European continent.

2.       The Assembly emphasises the need for all member states to observe common European standards as regards the legal status of national minorities, their rights to participate in governmental and administrative bodies, in decision-making on issues which affect their interests, their inherent right to use their language in private and public life as well as the right to maintain and develop their cultures and to have equal opportunities for access to education at all levels. The Assembly recalls the importance of such basic documents as the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and appropriate recommendations of the Assembly.

3.       The Assembly notes with concern that Council of Europe member states still have different approaches towards the observance of the rights of national minorities stipulated in the above-mentioned documents. The Assembly considers that the application of different standards in the protection of national minorities in various European states does not correspond to one of the main principles of human rights protection - the principle of universality. The Assembly believes that there should be no different standards for national minorities' protection in southern, northern, eastern or western Europe.

4.       In this context the Assembly notes that the Framework Agreement on Settlement in Macedonia contains specific norms regulating the status of the Albanian minority in particular as regards the use of language and equitable representation in various governmental and law enforcement bodies as well as specific legal procedures for the protection of their interests. This experience might and should be taken into account by the Council of Europe.

5.       The Assembly believes that it is essential to work out a set of common European standards for protecting minorities' rights, and set up an effective mechanism for monitoring its implementation.

6.       The Assembly recommends that the Committee of Ministers:

i.       start working on the issue with a view to adopting draft protocols to existing conventions or recommendations, as well as strengthening the implementation mechanism of both the Framework Convention and the Charter;

ii.       organise a series of workshops on common European standards for the protection of national minorities' rights;

iii.       ask the Venice Commission to prepare a comparative study analysing national legislation in the field of protection of national minorities' rights.

Signed : ¹

Rogozin, Russia, EDG

Atkinson, United Kingdom, EDG

Bindig, Germany, SOC

Chaklein, Russia, UEL

de Puig, Spain, SOC

Elo, Finland, SOC

Galoyan, Armenia, EPP/CD

Gross, Switzerland, SOC

Hovhannisyan, Armenia, EDG

Iwinski, Poland, SOC

Judd, United Kingdom, SOC

Manukyan, Armenia, UEL

Markovic-Dimova, "the former Yugoslav Republic of Macedonia", LDR

Marmazov, Ukraine, UEL

Neguta, Moldova, UEL

Slutsky, Russia, SOC

Ustiugov, Russia, EPP/CD

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