Implementation of the Council of Europe Framework Convention for the Protection of National Minorities

ECMI Recommendations of the International Conference "Implementation of the Council of Europe Framework Convention for the Protection of National Minorities"

Flensburg, Germany, 14 June 1998

Introduction

The Council of Europe Framework Convention for the Protection of National Minorities is the first legally binding international instrument devoted to the rights of minorities in general. The Convention contains mostly programme-type provisions concerning the rights of minorities which leave the States Parties a measure of discretion in the implementation of the objectives enshrined. Thus, the success of the Convention will depend to a large extent on the monitoring of the implementation of this Convention. The Convention and its implementation mechanism should be considered as a living instrument to be applied and developed in an open and generous spirit for the benefit of minorities.

The Framework Convention provides that the Committee of Ministers of the Council of Europe shall monitor the implementation of the Convention and will be assisted in this task by an Advisory Committee (arts. 24-26). The Advisory Committee will play an important role in the further development of the monitoring mechanism, as well as in the implementation of the Convention.

The "European Centre for Minority Issues" (ECMI) responded positively to a suggestion by Professor Ole Espersen, Commissioner of the Council of the Baltic Sea States (CBSS) on Democratic Institutions and Human Rights, including the Rights of Persons belonging to Minorities and member of ECMI�s Advisory Council, to hold a conference on the implementation of the Framework Convention. The aim of this meeting was to discuss the political, legal and financial aspects of the implementation mechanism. Experts from international implementation committees of the UN and the Council of Europe, other intergovernmental organisations, as well as participants from the NGO community, academia and politics were been invited. In addition, all members of the Advisory Committee on the Framework Convention were invited (see attached list of participants and programme of the conference).

In order to contribute to a fast, thorough and positive implementation of the Framework Convention, ECMI decided to organise an international conference "Implementing the Framework Convention for the Protection of National Minorities". The conference took place from 12 to 14 June 1998 at Duborg Skolen, the high school of the Danish minority in Germany, and at the Kompagnietor Building, the seat of ECMI, both in Flensburg, Germany. With the active help of the participants, ECMI as the organiser of the conference has formulated the attached recommendations which will be forwarded to:

the members of the Committee of Ministers and members of the Parliamentary Assembly of the Council of Europe
the Secretary General of the Council of Europe
the European Commission and the members of the European Parliament
the participating States of the OSCE and members of the Parliamentary Assembly of the OSCE
the OSCE High Commissioner on National Minorities
the member governments of the CBSS and the members of its Parliamentary Assembly
the Commissioner of the CBSS on Democratic Institutions and Human Rights, including the Rights of Persons belonging to Minorities
other sub-regional organisations
the United Nations High Commissioner for Human Rights and the six United Nations Treaty Bodies
minority organisations.
NGOs dealing with minority issues.

ECMI Recommendations

Ratification of the Framework Convention

All countries of Europe should ratify or accede to the Framework Convention for the Protection of National Minorities. The States Parties should refrain from reservations and interpretative declarations. In this context it should be recalled that "the existence of minorities is a question of fact, not of law." (Minority Schools in Albania (1935), PCIJ Ser. A/B, No. 64, 17).

Information on the Framework Convention

2.a. States and the Council of Europe as well as other intergovernmental and non-governmental organisations should intensify, and co-operate in, their efforts to disseminate information on the Framework Convention, as well as on the mandate and work of the Advisory Committee, for example through the organisation of conferences, seminars and workshops.

2.b. In this regard, it would be desirable that the Council of Europe prepare a handbook that would include:

the text of the Framework Convention
the explanatory report
Resolution 97(10) by the Committee of Ministers
information on reporting under the Convention
procedures and mechanisms by which members of minorities can address their concerns to the Advisory Committee

2.c. The Council of Europe should seek ways of having the handbook translated into the national languages of member states and encourage them to translate it into minority languages.

2.d. The Council of Europe should disseminate information on good practices with regard to the protection of minorities and the improvement of inter-ethnic relations.

2.e. The annual reports of the Advisory Committee should be made available to the public.

Functioning of the Implementation Mechanism

3.a. The rules of procedure of the Advisory Committee should be drawn up in such a way as to enable it to perform the task of efficient monitoring.

3.b In order to ensure efficient and effective implementation of the Framework Convention, governments and the Committee of Ministers should ensure that the members of the Advisory Committee are competent, independent and impartial, and in a position to serve the Committee effectively. The composition of the Committee should reflect the presence of the full range of necessary expertise in the field of minority rights from a variety of professions and disciplines. The States Parties should give favourable consideration to the appointment of persons belonging to minorities to serve on the Committee.

3.c. The Committee of Ministers should provide the Advisory Committee with sufficient secretariat and financial support.

3.d. States Parties must respect time limits and submit adequate reports. In cases where states fail to comply with their reporting duties under the Convention, all necessary measures to ensure compliance should be taken. The possibility of examining the situation in a state in the absence of a report where it is considerably overdue should not be ruled out.

3.e. The Committee of Ministers and the Advisory Committee should ensure the transparency of the monitoring process.

Other sources of information for the Advisory Committee

4.a. In addition to state reports, the Advisory Committee should receive concrete information on minority situations in different contexts, from different independent sources (also including references to constitutional arrangements, national legislation and state practice, as well as reference to domestic judicial and administrative remedies) in order to carry out its task effectively.

4.b. The Advisory Committee should focus on the protection afforded to minorities in practice, especially at regional and local levels. Therefore, the Advisory Committee should undertake missions to the States Parties concerned.

4.c. The Advisory Committee should devote sufficient time to engage in dialogue with governments, representatives of minorities and NGOs, and organise hearings in order to facilitate this objective.

4.d. International non-governmental organisations dealing with minority issues should be associated with the work of the Advisory Committee in a consistent and appropriate manner.

4.e. The Advisory Committee should benefit from information available at the UN, Council of Europe, OSCE and CBSS organs, bodies, institutions, and other specialised agencies.

Application and Interpretation of the Framework Convention

5.a. The relevant international obligations and commitments constitute international minimum standards. It would be contrary to their spirit and intent to interpret these obligations and commitments in a restrictive manner.

5.b. The Advisory Committee may take into account in its work in addition to international human rights treaties the provisions of, inter alia, the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE (1990); the Hague Recommendations Regarding the Education Rights of National Minorities (1996), and the Oslo Recommendations Regarding the Linguistic Rights of National Minorities (1998), as well as the recommendations of the Parliamentary Assembly of the Council of Europe and the OSCE High Commissioner on National Minorities.

5.c. The Advisory Committee should also take into account standards ensuing from bilateral agreements between the States Parties.

State Reports

The body of experience gained by the different treaty bodies during their examination of state reports can be of help both for the Advisory Committee in the examination of reports and for the States in preparing these reports. Therefore the Advisory Committee, as well as the States Parties should take into account the reporting guidelines of treaty bodies.

Follow-up

The Committee of Ministers should adopt recommendations which are critical of parties where there is an obvious lack of compliance. The Advisory Committee should be closely and systematically involved in the follow-up process regarding the implementation of these recommendations.

ECMI Report #3

ECMI Recommendations

Evaluating Policy Measures for Minority Languages in Europe
Spiritual Heritage and Cultural Renewal: Ukrainian Jewry at a Crossroads
Implementation of the Council of Europe Framework Convention for the Protection of National Minorities
From Ethnopolitical Conflict to Inter-Ethnic Accord in Moldova
Towards Effective Participation of Minorities
Chairman's Conclusions