Preserving national minorities in Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 19 April 2021 (9th sitting) (see Doc. 15231, report of the Committee on Equality and Non-Discrimination,
rapporteur: Ms Elvira Kovács). Text adopted
by the Assembly on 19 April 2021 (9th sitting).See
also Recommendation 2198
(2021).
1. Over twenty-five years ago, in
1995, the Framework Convention for the Protection of National Minorities (ETS
No. 157, “the Framework Convention”) was opened for signature. This
crucial instrument is based on the shared understanding that preserving
stability, democratic security and peace in Europe requires protecting national
minorities; that a pluralist and genuinely democratic society should
not only respect the ethnic, cultural, linguistic and religious
identity of each person belonging to a national minority, but also
create appropriate conditions enabling them to express, preserve
and develop this identity; and that a climate of tolerance and dialogue
must be created in order to enable cultural diversity to be a source
and a factor, not of division, but of enrichment for each society.
Importantly, the Framework Convention also recognises that the protection
of the rights and freedoms of persons belonging to national minorities
forms an integral part of the international protection of human
rights, including the right to full and effective equality.
2. The Framework Convention has been ratified by 39 Council of
Europe member States and signed by four more. Since it came into
force in 1998, its implementation, through the adoption of important
legislative and policy measures, has benefitted national minorities
in States parties and helped to maintain their linguistic, ethnic
and cultural identities.
3. Today, however, a number of challenges are endangering the
capacity to protect the rights of persons belonging to national
minorities in Europe. Support for the human rights agenda is eroding
in many quarters, and attention to minority rights has diminished.
Intra- and inter-State tensions and sometimes conflicts, have undermined
the stability of both States and European institutions. This has
regrettably led to minorities again at times being perceived, as
in the past, as a threat to the security and territorial integrity
of States, and to the instrumentalisation for political ends of
the rights of persons belonging to national minorities. Increasing tensions
have also been observed around the use of minority languages and
teaching in and of these languages.
4. In parallel, extreme nationalist discourse, populism, hate
speech and hate crime are on the rise throughout Europe, often focusing
on exclusive nation-building while stigmatising diversity and targeting anyone
who is perceived as different. Such discourse endangers social cohesion
and democratic stability, while designating persons belonging to
national minorities as scapegoats. These dynamics are often aggravated
where broader social, economic or political problems or divisions
are present.
5. The Parliamentary Assembly notes that both national minorities
themselves and societies as a whole are diverse and constantly changing.
Migration flows both within and between States, for example, have
had a profound impact on persons belonging to national minorities
and on the implementation of their rights. This constant evolution
creates a need for continuous dialogue between the authorities and
minorities, in order to adapt rapidly to the changing needs of the
latter.
6. The Assembly underlines that the persons belonging to national
minorities can only exercise their rights effectively where they
are able to participate meaningfully in cultural, social and economic
life and in public affairs in the country in which they live. It
is therefore essential to build inclusive and democratic societies
in which persons belonging to minorities have an opportunity to
engage actively and to influence decisions that affect them. Changing
media landscapes may create new opportunities for expression in
minority languages, but also new challenges, and States must ensure
that these dynamics do not arbitrarily hinder the freedom of expression
of persons belonging to national minorities or their access to information.
7. Given the multiplication of challenges currently faced in
the implementation of minority rights in Europe, the Assembly considers
that the mainstreaming of minority rights is crucial to keep minority
protection working. The impact of all government policies and decisions
on the rights of persons belonging to national minorities needs
to be assessed before they are adopted and implemented. This includes
areas that may go beyond the specific provisions of the Framework
Convention, such as housing policy or the privatisation of public
services, which may indirectly affect the capacity of persons belonging
to national minorities to enjoy the collective dimension of their
rights.
8. The Assembly reaffirms its support for the Framework Convention.
Respect for linguistic, ethnic and cultural diversity, based on
the recognition of the fundamental rights to equality and respect
for human dignity, is a cornerstone of the system of human rights
protection in Europe and crucial to preserving pluralistic and inclusive
democracies. The Assembly emphasises the importance of the multilateral
monitoring system set up under this convention and stresses that
for the Framework Convention to fulfil its purpose as a living instrument,
both institutional commitment from the Council of Europe and political
will from its member States are required.
9. In the light of these considerations, the Assembly urges all
Council of Europe member States that are not yet parties to the
Framework Convention to complete the process of signing and ratifying
it, in line with the Assembly’s
Recommendation 1766 (2006) “Ratification
of the Framework Convention for the Protection of National Minorities
by the member States of the Council of Europe” and
Resolution 2262 (2019) “Promoting the
rights of persons belonging to national minorities”, and encourages
those member States not yet parties to the European Charter for
Regional or Minority Languages (ETS No. 148) also to ratify this
instrument.
10. The Assembly calls on States parties to the Framework Convention
to strengthen their efforts to promote it and implement it in practice
and, in particular, to:
10.1 ensure
that the standards enshrined in the Framework Convention are effectively
incorporated into domestic legislation and given effect in practice,
by refraining from withdrawing already acquired minority rights
and by completing wherever necessary the adoption of comprehensive
legislative frameworks for the protection of the rights of persons
belonging to national minorities, in full consultation with their
representatives;
10.2 consider, in the case of States parties which have ratified
the Framework Convention while entering restrictive declarations
and/or reservations, withdrawing these declarations and/or reservations;
10.3 foster pluralistic and inclusive societies in which persons
belonging to national minorities are able to express both their
multiple identities and their loyalty to democratic constitutional
principles, thereby contributing to a Europe united in diversity;
10.4 strengthen their dialogue with persons belonging to national
minorities and place it on a continuous footing, notably by setting
up permanent consultation mechanisms, where this has not yet been
done, bearing in mind that the composition and functioning of such
bodies must enable the full and effective participation of national
minorities on all issues that may affect their rights and afford
them the opportunity to influence outcomes tangibly;
10.5 ensure that policies and practices with respect to national
minorities take into account the diversity existing within minorities
and the intersectional issues that may affect them, in order that
all persons belonging to national minorities may enjoy full and
effective equality, as guaranteed by the Framework Convention;
10.6 take seriously the threats posed by hate speech conveyed
by State actors as well as parliamentarians, which dehumanises persons
belonging to minorities and makes them more vulnerable to stigmatisation,
discrimination and violence; call on representatives of the State
and politicians to refrain from hate speech and instigate additional
measures to combat hate speech or hate crimes perpetrated against
persons belonging to minorities;
10.7 systematically consult and engage with the representatives
of national minorities on the best means of implementing the recommendations
addressed to the State party under the monitoring mechanism of the
Framework Convention, and implement them rapidly on the basis of
these consultations;
10.8 consider developing indicators to help measure and evaluate
outcomes in this field, in particular as regards societal integration;
10.9 develop additional outreach strategies for communicating
about the Framework Convention and disseminating to the public the
findings of its Advisory Committee, including in the State language
and the languages of national minorities; these strategies should
take full advantage of the increasing availability of new technologies.
11. It further calls on States that are not parties to the Framework
Convention to implement measures in line with those set out in paragraphs
10.1, 10.3, 10.4 and 10.5 above, in order to strengthen their own
dialogue with persons belonging to national minorities within their
territory and promote their full and effective equality.
12. The Assembly invites all member States to strengthen their
multilateral dialogue on the protection of the rights of minorities
and place it on a more continuous footing. It recalls in this context
the important role that can also be played by complementary mechanisms
existing in this field, notably the conflict prevention role of the
High Commissioner on National Minorities of the Organization for
Security and Co-operation in Europe. Given the close relationship
that exists between respect for human rights and the proper functioning
of the rule of law and of democratic institutions, existing synergies
with the European Union in this field could also be strengthened.
13. The Assembly invites member States to explore all means to
ensure that Council of Europe standards are effectively incorporated
into domestic legislation and implemented in practice, by assisting
European institutions to develop their regulation with a view to
safeguarding Europe’s national minorities.
14. Finally, bearing in mind that the rights of persons belonging
to national minorities cannot be properly implemented without a
strong framework in place for protecting and promoting full and
effective equality, the Assembly urges those member States that
are not yet Parties to Protocol No. 12 to the Convention for the Protection
of Human Rights and Fundamental Freedoms (ETS No. 177) to complete
the process of signing and ratifying it without delay.
