Print
See related documents
Resolution 1985 (2014) Final version
The situation and rights of national minorities in Europe
1. European history shows that the
protection of minorities is of utmost importance and can contribute
to Europe becoming a home for all. However, manifestations of extreme
nationalism, racism, xenophobia and intolerance have not disappeared;
on the contrary, they appear to be on the rise. The Parliamentary
Assembly expresses concern about the situation and rights of national
minorities.
2. The Assembly considers the Framework Convention for the Protection
of National Minorities (ETS No. 157, “Framework Convention”) and
the European Charter for Regional or Minority Languages (ETS No. 148)
as essential instruments for the protection of minorities in Europe.
However, neither instrument has been ratified by all Council of
Europe member States. In addition, the lack of a definition of national
minorities in the Framework Convention leaves State Parties a wide
margin for interpretation, which affects its implementation. In
this respect, the Assembly recalls its Resolution 1713 (2010) on minority
protection in Europe: best practices and deficiencies in implementation
of common standards, its Resolution
1866 (2012) on an additional protocol to the European
Convention on Human Rights on national minorities, and relevant
judgments of the European Court of Human Rights. The Assembly also
welcomes the Programmatic Declaration of the Federal Union of European
Nationalities (FUEN) adopted in Brixen, Italy, on 23 June 2013.
3. The Assembly also recalls the definition of national minorities
set out in its Recommendation
1201 (1993) on an additional protocol on the rights of
minorities to the European Convention on Human Rights, defining them
as “a group of persons in a State who: a.
reside on the territory of that State and are citizens thereof; b. maintain longstanding, firm and
lasting ties with that State; c.
display distinctive ethnic, cultural, religious or linguistic characteristics; d. are sufficiently representative,
although smaller in number than the rest of the population of that
State or of a region of that State; e.
are motivated by a concern to preserve together that which constitutes
their common identity, including their culture, their traditions,
their religion or their language”.
4. The Assembly stresses the importance of stability, solidarity
and peaceful coexistence of the multitude of peoples living in Europe
and calls for the promotion of the “unity through diversity” concept
within and between countries. The protection of the rights of national
minorities should remain a priority on the political agenda.
5. The protection of minority rights can help build a sustainable
future for Europe and contribute to guaranteeing the respect of
the principles of dignity, equality and non-discrimination. Benefits
are not limited to minorities since this protection will bring stability,
economic development and prosperity to all.
6. The inability to give a satisfactory response to minority
issues has been a major cause of political tensions, conflicts and
human rights violations. The protection of minorities is therefore
also a means of conflict prevention. The right to self-determination,
State integrity and national sovereignty can be reconciled so as
to increase tolerance. In this context, Assembly Resolution 1832 (2011) on
national sovereignty and statehood in contemporary international
law: the need for clarification indicates the path to be followed.
7. Best practices for the protection of the rights of national
minorities should be widely considered and implemented to enhance
the protection and promotion of the rights of persons belonging
to national minorities. Best practice in territorial arrangements
might play an important role for the effective protection of the
rights of national minorities. In this respect, the Assembly recalls
its Resolution 1334 (2003) on
positive experiences of autonomous regions as a source of inspiration
for conflict resolution in Europe, which states that the establishment
and operation of an autonomous entity can be regarded as part of
the democratisation process. The Assembly also welcomes the adoption
of Resolution 361 (2013) on regions and territories with special status
in Europe by the Congress of Local and Regional Authorities of the
Council of Europe, which acknowledges that the special status enjoyed
by regions of some European States has brought stability and prosperity
to those regions and States.
8. The Assembly is of the opinion that territorial self-government
arrangements can also contribute to effectively protecting minority
rights with a collective dimension and avoiding assimilation.
9. The Assembly considers the respect of the right to a common
identity, which includes culture, religion, languages and traditions,
as an essential element of the protection of the rights of national
minorities. They have the right to preserve and further develop
their own institutions and should receive collective protection, as
stated in Recommendation
1735 (2006) on the concept of “nation”.
10. In the light of these considerations, the Assembly calls on
the Council of Europe member States:
10.1. as regards international instruments, to:
10.1.1. sign
and/or ratify, if they have not yet done so, the Framework Convention
for the Protection of National Minorities and the European Charter
for Regional or Minority Languages as soon as possible;
10.1.2. sign the United Nations Declaration on the Rights of Indigenous
Peoples (UNDRIP), adopted by the UN General Assembly on 13 September
2007;
10.1.3. promote the implementation of best practices for the protection
of the rights of national minorities, as recognised by the Council
of Europe and the United Nations;
10.1.4. in addition to the implementation of legal provisions
of the Framework Convention, create the conditions necessary for
respecting the commitments/obligations as laid down in the document
of the Copenhagen Meeting of the Conference on the Human Dimension
of the CSCE (Conference for Security and Co-operation in Europe)
in 1990 and in related bilateral agreements;
10.2. as regards the protection of the right to identity, to:
10.2.1. safeguard the right of national minorities to preserve,
promote and protect their own identity, as laid down in Article
5.1 of the Framework Convention, the International Covenant on Civil
and Political Rights and Resolution 47/135 of the United Nations
General Assembly “Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities”;
10.2.2. take the necessary steps to ensure the effective participation
of national minorities in social, economic and cultural life and
in public affairs, as laid down in Article 15 of the Framework Convention,
in order that they may take part in the decision-making process;
10.2.3. refrain from adopting policies and practices aimed at
assimilation of national minorities against their will, as laid
down in Article 5.2 of the Framework Convention;
10.2.4. look into and use as a guideline best practices employed
by some States (such as the experience of Alto Adige/South Tyrol
or of Finland and others that grant collective or group rights), which
constitute valid models and references even for States that are
not yet parties to the Framework Convention;
10.3. as regards territorial arrangements and conflict prevention,
to:
10.3.1. implement, in a format agreed by all parties
concerned, territorial self-government arrangements with due respect
to the general principles of international law;
10.3.2. take into account, irrespective of economic motives, the
added value of historic regions in terms of culture, language, traditions
and religions when defining/reforming the administrative and/or
territorial structure/units of the country or of certain State institutions;
10.3.3. initiate and continue dialogue with representatives of
the national minorities, in order to prevent conflicts, meet the
needs of their constituencies and promote multiculturalism and solidarity;
10.4. as regards the right to education and minority languages,
to:
10.4.1. promote the official use of languages spoken
by national minorities in the territories where they live, at local
or regional level, in conformity with the principles of the European
Charter on Regional or Minority Languages, while taking into account
that the protection and encouragement of the use of regional and
minority languages should not be to the detriment of official languages
and the obligation to learn them;
10.4.2. formulate education policies bearing in mind the needs
of national minorities, including through specific educational systems
and institutions, and incorporate the best practices in teaching
foreign languages into the methodology of teaching official languages
for elementary schools which provide education in a minority language;
10.4.3. take the necessary steps to ensure continuity of education
in the mother tongue in secondary (including vocational) and higher
education;
10.4.4. follow the recommendations of the Advisory Committee on
the Framework Convention’s First Thematic Commentary on Education
under the Framework Convention of 2 March 2006, namely to take a
proactive approach in education issues even when the expressed demand appears
low;
10.4.5. initiate the common writing of history books together
with the kin-States and representatives of the traditional national
minorities living in their territory, so as to educate young people
in favour of European co-operation and partnership, and make use
of history education as a means to improve young people’s knowledge
of national minorities;
10.4.6. take into account national minorities when privatising
public services, including the media;
10.4.7. provide appropriate funding to organisations or media
outlets representing minorities in order to bring their identity,
language, history and culture to the attention of the majority;
10.5. as regards combating discrimination, to:
10.5.1. refrain
from discriminatory acts and take “affirmative action” in the economic
and social systems with the aim of removing de
facto barriers to equal opportunities and promoting full
and effective equality;
10.5.2. in the spirit of Article 16 of the Framework Convention,
refrain from adopting laws or administrative measures which may
enhance assimilation, encourage migration or change the ethnic structure
in a specific region;
10.5.3. adopt a bottom-up approach that takes into account the
views of the interested parties in identifying and tackling national
minority issues;
10.5.4. ensure – without undermining the fundamental right to
freedom of movement and in conformity with the “unity through diversity”
concept – the possibility for the national minorities within their
territories to remain in their birthplaces, to prosper and progress
where they have been living for centuries, and to explore their
full potential for the benefit of their communities, as well as
of the majority population, the State and Europe as a whole;
10.5.5. formulate and effectively implement a comprehensive national
strategy on the protection of national minorities;
10.5.6. ensure that the media can operate, free from discrimination,
in minority languages;
10.5.7. adopt electoral legislation allowing pluralistic political
representation of minorities;
10.5.8. refrain from adopting laws or administrative measures
which weaken minority protection.
11. The Assembly invites its members to follow more closely the
issue of national minorities, to play an active facilitating and
problem-solving role and to draw up proposals for direct political
representation of national minorities.
12. The Assembly asks the Secretary General of the Council of
Europe to give particular attention to national minorities in the
framework of his annual report on the situation of human rights
in Europe.
13. The Assembly invites public and private media of any type
in regions inhabited by national minorities to provide services
in minority languages.