The situation and rights of national minorities in Europe
Reply to Recommendation
| Doc. 13606
| 23 September 2014
- Author(s):
- Committee of Ministers
- Origin
- Adopted
at the 1207th meeting of the Ministers’ Deputies (17 September 2014). 2014 - Fourth part-session
- Reply to Recommendation
- : Recommendation 2040
(2014)
1. The Committee of Ministers has carefully
examined the Parliamentary Assembly Recommendation 2040 (2014) on
“The situation and rights of national minorities in Europe”, which
it decided to transmit to the Advisory Committee of the Framework
Convention for the Protection of National Minorities (FCNM), the
Steering Committee on Media and Information Society (CDMSI), the
Steering Committee for Educational Policy and Practice (CDPPE) and
to the Joint Council on Youth (CMJ), for information and possible
comments. The Committee of Experts of the European Charter for Regional
or Minority Languages (ECRML) also indicated that it would like
to submit observations.
2. As the Parliamentary Assembly will be aware, the Council of
Europe provides a unique set of legal standards as well as a broad
range of monitoring and other bodies working to protect, directly
and indirectly, the rights of persons belonging to national minorities,
which demonstrates the long-standing commitment of the Council of
Europe in this context. The Committee agrees that the protection
of the rights of persons belonging to national minorities should
remain a priority for the Council of Europe, such protection being
essential to stability, democratic security and peace in Europe.
3. It must be underlined, in the first place, that regular monitoring
by the Committee of Ministers, assisted by the Advisory Committee,
of the application of the FCNM raises awareness of any shortcomings
in the minorities’ policies of States, in response to which relevant
programmes, trainings and seminars are developed, including in the
education and media sectors. Since 2004, the Advisory Committee
has also developed its thematic work, publishing commentaries on
key issues arising from its monitoring work, including on Language
Rights and Education. A thematic commentary on the scope of the
FCNM, currently prepared by the Advisory Committee, should further
increase awareness of the necessary breadth of the protection of
the rights of persons belonging to national minorities. The Advisory
Committee has advised that its knowledge and expertise is available
to broader initiatives and, in this regard, the Committee notes
the importance of the joint EU/CoE project “Promoting Human Rights
and Minority Protection in South-East Europe”.
4. The Committee of Ministers also recalls that the ECRML is
the only binding international instrument focused on the protection
and promotion of regional or minority languages. In this context
also, regular monitoring of how States apply this Charter raises
awareness amongst the State authorities concerned about any shortcomings
in their minority language policies and about steps which may help
to resolve those deficiencies.
5. The Committee of Ministers recognises that a broader ratification
of the above two instruments could contribute to the important work
of those bodies and, therefore, to the protection of the rights
of persons belonging to national minorities in Europe.
6. It is also worth recalling that the Committee of Ministers,
while monitoring the implementation of the FCNM, also carries out
a detailed examination of the opinions of the Advisory Committee
of the FCNM and of the reports of the Committee of Experts of the
ECRML before adopting the relevant resolutions and recommendations
on the implementation of those instruments. This final step in these
monitoring processes is indicative of the commitment of the States
to the attainment of the goals of these bodies, provides an opportunity
for other States to express themselves on the situation in the State
concerned and gives further visibility to those instruments.
7. A joint meeting between the FCNM, ECRML and ECRI, in June
2013, has helped to strengthen co-ordination between these monitoring
mechanisms in terms of joint country visits and follow-up events
such as round table conferences. The Committee of Ministers closely
follows and supports these initiatives aimed at fostering the effective
performance of the approved mandates of these bodies. It also looks
forward to the proposals which the Secretary General is expected
to present on ways to further enhance this co-ordination, by way
of follow-up to his report on the state of democracy, human rights
and the rule of law in Europe.
8. Moreover, the CDPPE is particularly active in the educational
aspects of minority protection including in providing technical
assistance and participation activities which led, in particular,
to Parliamentary Assembly Recommendation 1880 (2009) concerning
history teaching in conflict and post-conflict zones. The Committee would
also highlight the flagship project of the CDPPE entitled “The Image
of the Other in History Teaching” (leading to CM/Rec(2011)6 on “Intercultural
dialogue and the Image of the Other in History Teaching”). The CDPPE’s
later project, entitled “Shared Histories for Europe without Dividing
Lines”, emphasised awareness of common heritage, conflict prevention
and reconciliation and gave rise to a Council of Europe publication
as recently as May 2014.
9. As regards item 4.2 of Recommendation 2040 (2014), the Committee
cannot endorse the use of the term “traditional national minorities”,
but it underlines that the themes already studied by the referenced
Schools of Political Studies aim to strengthen democracy, human
rights and the rule of law. The Committee of Ministers would also
encourage those Schools to continue to promote, in the themes studied,
the basic principles of regional co-operation, conciliation and
dialogue in crisis regions, conflict prevention as well as recognition
of cultural specificities and cultural diversity.
10. As regards point 4.3 of the recommendation, the attention
of the Parliamentary Assembly is drawn to the various training programmes
and seminars for media representatives which are run by the Council
of Europe (funding being provided by, inter
alia, the European Union and certain member States) and,
in particular, to those aimed at the development of a pluralistic
media landscape in various Council of Europe States (MEDIA-COOP(2014)003).
11. Finally, the Committee of Ministers would underline that the
protection of the rights of persons belonging to national minorities
is further enhanced by those bodies, including the European Court
of Human Rights, the Commissioner for Human Rights and the European
Commission against Racism and Intolerance (ECRI), who monitor the
commitments undertaken by the States to promote and protect human
rights.