Doc. 9527

23 July 2002

Rights of national minorities

Written Question No. 400

Reply from the Committee of Ministers

adopted at the 805^th meeting of the Ministers’ Deputies (17 July 2002)

I.       Written Question No. 400 by Mr Gabor Nagy (Doc. 9243)

Mr Nagy,

Noting that there is a close connection between the stability of the rule of law and respect for the rights of national minorities;

      Recalling that the Parliamentary Assembly in the last decade has made an important contribution to developing legal standards concerning the protection of national minorities and that an important new step was made in this respect in 2001 with the adoption of Recommendation 1492,

To ask the Committee of Ministers,

      What its evaluation is of the effectiveness of the legal instruments already in use, and how it plans to take forward the implementation of Recommendation 1492.

II. Reply from the Committee of Ministers

The Committee of Ministers fully agrees with Mr Nagy when he asserts “that there is a close connection between the stability of the rule of law and respect for the rights of national minorities” since the protection of national minorities forms an integral part of the international protection of human rights. The Committee takes this opportunity of welcoming once again the Parliamentary Assembly’s contribution to developing legal standards in this area, mentioned in the preamble to the question.

This is why the Committee of Ministers welcomed the opportunity presented by the adoption of Parliamentary Assembly Recommendation 1492 (2001) to take stock in a comprehensive way of the state of minority protection within this Organisation. It emerges from its reply to this recommendation that the supervisory mechanisms of both the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages have been in operation for some time and are functioning effectively. The Council of Europe Commissioner for Human Rights has indicated in his contribution the importance he attaches to minority issues.

Concerning the Committee’s evaluation of the effectiveness of the legal instruments already in use, the Committee concludes that the instruments are effective: the Advisory Committee of the Framework Convention has already adopted some 19 opinions of which most have been made public; the Committee of Ministers has itself adopted some 14 Resolutions closing the first phase of supervision and follow-up, notably through continuing dialogue and involving the adoption of concrete measures, is taking place with the states parties concerned.

As regards the Language Charter, its Committee of Experts has adopted 7 evaluation reports that have all been made public; on the basis of the suggestions for recommendation from the latter body, the Committee of Ministers has adopted Recommendations for six states parties. The evaluation procedure of the Charter has entered its second phase with the receipt of the second round of periodical reports from the states parties. This will further the ongoing dialogue between the Committee of Ministers, the state authorities, the local and regional authorities, and the organisations that have as an objective to promote the minority languages. Ratifications of the treaty are steadily progressing: at present 16 states have ratified and more are expected to do so during 2002 and 2003.

Concerning the implementation of Recommendation 1492 (2001), the Committee of Ministers refers the questioner to the text of its reply to the recommendation, in which it has endeavoured to give clear explanations.”