Application of the European Charter for Regional or Minority Languages (2023-2024)
Report by the Secretary General of the Council of Europe to the Parliamentary Assembly
Communication
| Doc. 16142
| 02 April 2025
- Author(s):
- Secretary General of the Council of Europe
1 Introduction
1. Opened for signature in November
1992, the European Charter for Regional or Minority Languages (hereinafter
“the Charter”; ETS No. 148) came into force on 1st March
1998. In 2023, the Council of Europe marked the 25th anniversary
of the entry into force of the Charter, an important junction to
take stock of the achievements and the challenges ahead.
2. Article 16, paragraph 5 of the Charter states that “The Secretary
General of the Council of Europe shall make a two-yearly detailed
report to the Parliamentary Assembly on the application of the Charter”.
Note
3. This twelfth report, covering the period 2023-2024,
Note reflects on the situation of the
signatures and ratifications by Council of Europe member states.
It reports on the monitoring of states parties’ compliance with the
Charter and highlights the actions taken to improve the impact of
the Charter at national and local levels. Through presenting the
recent activities of the Committee of Experts of the Charter, this
report also aims at summarising the relations with other relevant
entities of the Council of Europe, with the European Union and other
international organisations and institutions.
4. In the Reykjavík Declaration adopted in their 4th Summit
on 17-18 May 2023, the Heads of State and Government of the Council
of Europe reaffirmed, among others, “
their
commitment to developing mutual understanding among the peoples
of Europe and reciprocal appreciation of our cultural diversity
and heritage”.
Note They also stressed “
the important role that the Council of Europe
is playing to promote and protect the rights of persons belonging
to national minorities”.
Note
5. The Charter is one of the key conventions of the Council of
Europe. It is the only treaty in the world that aims to protect
and promote regional or minority languages and provides its states
parties with a common and internationally recognised framework for
their language policy. Together with the Framework Convention for the
Protection of National Minorities, they are frames of reference
that represent the European standards in the area of the protection
of national minorities, and their languages, their history and culture
respectively.
6. It is therefore of concern that ratification of the Charter
has not moved forward in Council of Europe member states for years.
Efforts must be multiplied.
7. The active role of the Parliamentary Assembly as one of the
statutory bodies of the Council of Europe is key in safeguarding
the principles of human rights, the rule of law and democracy. It
is essential that its members continue to keep on their political
agenda the commitments of Council of Europe member states and obligations
of states parties to Council of Europe treaties. The role of the
Parliamentary Assembly is also key in raising awareness of the Charter,
and in actively supporting member states’ policies aiming at strengthening the
protection and promotion of regional or minority languages traditionally
spoken in Europe.
2 Signatures
and ratifications of the Charter by Council of Europe member states:
state of play
8. The Charter was opened for
signature on 5 November 1992 and entered into force on 1 March 1998.
To date, it has been ratified by the following 25 states: Armenia,
Austria, Bosnia and Herzegovina, Croatia, Cyprus, Czechia, Denmark,
Finland, Germany, Hungary, Liechtenstein, Luxembourg, Montenegro, Netherlands,
Norway, Poland, Romania, Serbia, Slovak Republic, Slovenia, Spain,
Sweden, Switzerland, Ukraine, and the United Kingdom. It is open
to accession by non-Council of Europe states, provided that they have
been formally invited to accede by the Committee of Ministers of
the Council of Europe.
9. Except from Portugal, no new signature happened during neither
the current, nor the past reporting period.
Note None of the eight Council of Europe
member states, which have signed the Charter proceeded to ratification.
It is important to note that Albania, Azerbaijan, Georgia, the Republic
of Moldova and North Macedonia have all committed themselves to
ratify the Charter upon acceding to the Council of Europe. It is also
important to note that the ratification of the Charter by the older
member states of the Council of Europe would show a clear commitment
to these European standards and thus, showing their European solidarity
on a matter which clearly reflects the basic values of the Council
of Europe.
10. The protection of regional or minority languages contributes
to the maintenance and development of Europe's cultural wealth and
traditions, which are important basis for our democracies. The Charter
aims at achieving this goal by promoting the use of regional and
minority languages in public life (education, judicial authorities,
administrative authorities and public services, media, cultural
activities and facilities, economic and social life, and cross-border
exchanges). At the same time, it recognises that “
the protection and encouragement of regional
or minority languages should not be to the detriment of the official
languages and the need to learn them”.
Note
3 Monitoring
the application of the European Charter for Regional or Minority
Languages in the states parties
11. The implementation of the Charter
is monitored by the Committee of Experts. Its 24
Note independent experts
examine the situation of regional or minority languages in the states
parties, in line with their commitments under the Charter. In this
framework it adopts recommendations for both immediate and further actions,
and reports to the Committee of Ministers on its evaluation of states’
compliance. Based on the evaluation reports and recommendations
of the Committee of Experts, the Committee of Ministers, for its
part, also adopts recommendations and decisions, as part of the
process of monitoring the application of the Charter in the states
parties.
Note
12. Following the clearance of the backlogs caused by the Covid-19
pandemic, the Committee of Experts carried out eleven on-the-spot
visits during the reference period, namely to Croatia, Cyprus, Czechia, Denmark,
Finland, Montenegro, Poland, Romania, Slovenia, Spain, and to the
United Kingdom and the Isle of Man. It also examined the implementation
of recommendations for immediate action in respect of six states parties.
3.1 Recommendations
and decisions of the Committee of Ministers
13. During the reference period,
the Committee of Ministers adopted and published the following recommendations
and decisions, relating to the respective evaluation reports of
the Committee of Experts.
Note
2023
- 19 April, the Netherlands, recommendation
CM/RecChL(2023)1 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by the Netherlands;
- 19 April, Sweden, recommendation CM/RecChL(2023)2 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Sweden;
- 28 June, Cyprus, decision CM/Del/Dec(2023)1470/10.2b, evaluation by the Committee of Experts on the implementation
of the recommendations for immediate action contained in the Committee
of Experts’ sixth evaluation report on Cyprus;
- 28 June, Norway, decision CM/Del/Dec(2023)1470/10.2c, evaluation by the Committee of Experts on the implementation
of the recommendations for immediate action contained in the Committee
of Experts’ eighth evaluation report on Norway;
- 4 October, Austria, recommendation CM/RecChL(2023)3 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Austria;
- 4 October, Serbia, recommendation CM/RecChL(2023)4 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Serbia;
- 13 December, Montenegro, recommendation CM/RecChL(2023)5 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Montenegro;
- 13 December, Romania, recommendation CM/RecChL(2023)7 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Romania;
2024
- 7 February, Switzerland, decision CM/Del/Dec(2024)1488/10.3, evaluation by the Committee of Experts on the implementation
of the recommendations for immediate action contained in the Committee
of Experts’ eighth evaluation report on Switzerland;
- 5 April, Denmark, recommendation CM/RecChL(2024)1 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Denmark;
- 7 May, Sweden, decision CM/Del/Dec(2024)1498/10.1a, evaluation by the Committee of Experts on the implementation
of the recommendations for immediate action contained in the Committee
of Experts’ eighth evaluation report on Sweden;
- 1 July, Croatia, recommendation CM/RecChL(2024)2 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Croatia;
- 1 July, Czechia, recommendation CM/RecChL(2024)3 of the Committee of Ministers on the application of
the European Charter for Regional or Minority Languages by Czechia;
- 9 October, Finland, recommendation CM/RecChL(2024)4 of the Committee of Ministers to member States on the
application of the European Charter for Regional or Minority Languages
by Finland;
- 9 October, the Netherlands, decision CM/Del/Dec(2024)1509/10.2c, evaluation by the Committee of Experts on the implementation
of the recommendations for immediate action contained in the Committee of
Experts’ seventh evaluation report on the Netherlands;
- 9 October, Germany, decision CM/Del/Dec(2024)1509/10.2b, evaluation by the Committee of Experts on the implementation
of the recommendations for immediate action contained in the Committee
of Experts’ seventh evaluation report on Germany;
- 19 November, United Kingdom, recommendation CM/RecChL(2024)6 of the Committee of Ministers to member States on the
application of the European Charter for Regional or Minority Languages
by the United Kingdom;
- 19 November, Spain, recommendation CM/RecChL(2024)5 of the Committee of Ministers to member States on the
application of the European Charter for Regional or Minority Languages
by Spain.
14. As has been the case since
2001, the recommendations addressed by the Committee of Ministers
to the states parties tie in with the proposals made by the Committee
of Experts in its evaluation reports. This practice constitutes
a significant sign of political support to the independent monitoring
mechanism of the Charter.
15. In 2023, the HUDOC ECRML database was launched.
Note It contains the evaluation reports
of the Committee of Experts of the Charter, the evaluations of the
implementation of the recommendations for immediate action, the
subsequent recommendations and decisions of the Committee of Ministers,
the reports by the Secretary General to the Parliamentary Assembly
on the application of the Charter, as well as statements by the
Committee of Experts. This tool contributes to facilitate the work
of states parties to the Charter, both at national and local levels,
as well as of academic researchers and of non-governmental organisations.
It also contributes to increasing the visibility and dissemination
of the monitoring work conducted in the framework of the Charter.
3.2 Recommendations
by the Committee of Experts: trends and recurring issues
16. Bearing in mind the various
recommendations made by the Committee of Experts during the reference period,
the following trends can be identified.
17. The Committee of Experts often recalls that as parties to
the Charter, states have a legal obligation to oversee, co-ordinate
and support the implementation of the provisions undertaken therein.
It also pointed out multiple times during the referred period that
state authorities are to take a more proactive approach to enhance the
protection of minority languages. The Committee of Experts repeatedly
emphasised that having a specific policy and/or a strategy at national
level in place contributes to a more effective implementation of
the obligations stemming from the provisions of the Charter. In
addition, adequate and consistent financing is imperative to achieve
results.
18. It is of utmost importance that the representatives of the
speakers are included and consulted in designing and/or implementing
national policy or strategy relevant to the protection and promotion
of their respective regional or minority languages. The Committee
of Experts often noted however that states’ authorities miss this
obligation. In some cases, speakers' representatives were not consulted
neither during the drafting of the periodic report, nor during the
mid-term reporting procedure, which is contrary to the spirit of
the Charter.
Note
19. Some states parties continue to face systemic difficulties
in applying the Charter. Many recommendations have been reiterated
over the various monitoring cycles. For example, the Committee of Experts
regularly reminds state authorities about the importance of promoting
and teaching regional or minority languages at all levels of education
to effectively secure their protection and transmission to the next generations.
The use of regional or minority languages in pre-school education
forms the basis for a comprehensive knowledge of the language. To
achieve better results in general, the Committee of Experts often
invites the state authorities to consider the possibility of supporting
this aim, also financially, including by addressing teacher recruitment
and training, and investing in new teaching materials. All these
shall be achieved in close co-operation with relevant regional and/or
local authorities, and in consultation with representatives of the
speakers.
20. The shortage of trained language teachers has been a problem
in many states parties. Addressing this issue requires a more comprehensive
approach than aiming at recruiting people with appropriate knowledge of
the language. States parties need to have long-term strategies to
attract the younger generation not only to invest more in their
language proficiency, but to be ready to engage in this profession
by offering a predictable professional career cycle to teachers
of regional or minority languages, with adequate job and financial
security in a long term.
21. In addition, the insufficient use of minority or regional
languages in the media continues to be addressed in the recommendations
of the Committee of Experts, as well as in relations to the administrative
authorities and regional and/or local services. With regards to
these provisions, the Committee of Experts continued to encourage
all states parties to the Charter to determine, in co-operation
with the speakers, in what areas regional or minority language speakers
are traditionally present in sufficient numbers for the purposes
of the undertakings entered into under Article 10 (administrative
authorities and public services), irrespective of thresholds, and
to apply the undertakings ratified under Article 10 in those areas
on a sustainable basis.
22. Finally, the Committee of Experts regularly observes that
the society as a whole is not adequately informed of the presence
of regional or minority languages in their respective countries,
and that the history and culture surrounding these languages are
not, or not adequately, present in school curricula or taught otherwise
to non-speakers.
3.3 Ongoing
challenges
23. First, it is essential that
states submit their periodic reports on time in order to ensure
the sustainability and effectiveness of the monitoring procedure.
Delays not only disrupt the work programme of the Committee of Experts,
but more importantly, endanger the effectiveness of the evaluation
of the implementation of the recommendations for immediate action
by the Committee of Experts, contained in their previously adopted evaluation
reports. The delays in the monitoring procedure ultimately puts
at risk the reform agreed upon in 2018, and the related achievements
to strengthen the effectiveness of the entire monitoring mechanism.
24. As for many other Council of Europe instruments, the implementation
of the recommendations made by the Committee of Ministers and the
Committee of Experts is an ongoing challenge. It is often recalled
in this respect that a more direct link should be established between
these recommendations and the co-operation activities by the Council
of Europe (including those carried out under joint programmes with
the EU). On this basis, whenever possible, co-operation projects
targeting the main issues identified by the Committee of Experts
should be proposed to all states parties after the relevant evaluation
report is published and should become a regular feature of the implementation
process of the Charter. They should equally be integral parts of
Council of Europe action plans. Successful implementation is based
on ownership. States parties, together with all relevant national
stakeholders shall be driving the process of implementation. In
this context, the added value and importance of follow up activities,
such as the implementation roundtables, organised by the Council of
Europe and the state authorities is to be emphasised. Their aim
is not only to promote and inform about the procedure, but also
to identify effective ways to implement the recommendations of the
Committee of Experts.
Note Such
roundtables shall be organised more regularly, and states parties
shall be more engaged in this process. It is important to note that
adequate and regular funding is essential to achieve results in implementing
recommendations.
25. As the Charter is a living instrument, its provisions must
continue to be interpreted in the light of current living conditions
and developments in our society, such as digitalisation in the fields
of public administration and services, or media and the rise of
artificial intelligence. The Committee of Experts regularly addresses these
developments and assesses its own working methods and analysis accordingly.
During the Committee of Experts’ 80th plenary
meeting, in November 2024, a thematic session was dedicated to the
digital inclusion of endangered/regional or minority languages,
where two exchanges were organised. The objective of the first exchange
was to explore the current landscape of new media and their potential
role in promoting regional and minority languages. In the context
of the second, the experts discussed the digital inclusion of endangered indigenous
languages with the representatives of Lenovo and Motorola, its technical
and financial implications, the importance of community acceptance
and of language-related scientific support during the process. Further thought
must be given to ensuring that the monitoring work of experts takes
into account current advances, particularly in new technologies,
and their potential contribution to the promotion and protection
of regional or minority languages.
26. Lastly, more efforts shall be done in reaching out to the
youth and actively engage them in the promotion and protection of
regional and minority languages, as an expression of cultural wealth.
Good examples in states parties show that against existing generation
gaps, with comprehensive strategy and amplified efforts, endangered
languages can be revitalised, and younger generation can be interested
in learning the regional and minority languages of their ancestors.
3.4 Recent
developments in strengthening protection and further recommendations
27. In addition to raising awareness
of the Charter and promoting its signature and ratification, the Committee
of Experts continues to invite its states parties to regularly accept
additional undertakings under the Charter to reflect improvements
in the situation with regard to their regional or minority languages,
for example in the case of Serbia.
Note Moreover, the Council of Europe provides
legal advice as part of its co-operation activities, organises awareness-raising
events and holds discussions with the competent national authorities to
this end.
28. During the current reporting period, two states parties extended
their commitments under the Charter, which is a welcomed development:
- On 22 January 2024, the Netherlands
notified the Council of Europe that they have accepted the application
of the provisions of the Charter to be extended to the Caribbean
Part of the Netherlands (the islands of Bonaire, Sint Eustatius
and Saba), as well as the extension of the Charter’s provisions
under Part III to the Papiamentu language on the Island of Bonaire.
Furthermore, on 1 July 2024, the Netherlands notified the Council
of Europe of the extension of the protection of the Papiamento/Papiamentu
language under Part II to the European part of the Kingdom of the
Netherlands.
- On 28 February 2024, Czechia notified the Council of Europe
that it will apply Part III of the Charter to German in a part of
the territory where German is traditionally used, namely in the
districts of Cheb, Karlovy Vary, Sokolov, Liberec, Ústí nad Labem,
Český Krumlov, Opava and Svitavy.
29. Czechia, Denmark, Germany and the United Kingdom are preparing
the upgrading of their ratification instruments to extend the protection
to regional or minority languages. In the Netherlands, the Province
of Limburg intends to improve the use and visibility of the Limburgish
language in the years to come with a view of extending its protection
also to Part III of the Charter.
Note
30. The Advisory Committee on the Framework Convention for the
Protection of National Minorities also plays a role in this respect
and has in several opinions invited states parties to the Framework
Convention to ratify the Charter.
Note It also calls on the
authorities of those states parties who have committed to do so,
to comply with their post-accession commitment by ratifying the
Charter.
31. Lastly, the Council of Europe action plans aiming at supporting
specific countries’ efforts to bring their legislation, institutions
and practice further in line with Council of Europe standards regarding
human rights, democracy and the rule of law can be additional catalysators
to effectively prepare for the ratification of the Charter.
Note
3.5 Statements
by the Committee of Experts and awareness raising activities
32. During the reference period,
in particular in the context of the 25th anniversary
of the entry into force of the Charter, a number of tools and pieces
of work were published, together with a statement issued by the Committee
of Experts.
33. In November 2023, a new booklet
Note was published, highlighting the relevance
of the Charter for European regional or minority languages and the
work of its Committee of Experts. The brochure aims at providing
information on the monitoring process and illustrating the standards
the Charter requires. It was translated and published in nine languages
and is disseminated during on-the-spot visits, conferences and events.
34. The updated third edition of the collected texts
Note of the Charter was published in October
2023, followed by the fourth edition
Note in October 2024, containing, along
with the text of the Charter and its explanatory report, the most
relevant and recent decisions of the Committee of Ministers and
the Rules of Procedure of the Committee of Experts. It further provides
the state of signatures and ratifications as well as reservations
and declarations. In addition to having a user-friendly compilation
of all important texts related to the Charter, the publication aims
at raising awareness of the most recent developments, targeting
government experts, representatives of regional or minority language speakers
and non-governmental organisations or other interested parties.
35. On 25 September 2023, on the occasion of the European Day
of Languages (26 September) and in the context of the 25th anniversary
of the entry into force of the Charter, a video
Note was published, presenting its impact.
The video also showcases specific examples of measures put in place
in states parties to the Charter, in different sectors from private
and public life to guarantee speakers of regional or minority languages
to use them in their daily life. It is available in English and
French, with sub-titles in German, Hungarian, Romanian and Spanish.
36. On 1 March 2023, on the occasion of the 25th anniversary
of the entry into force of the Charter, Aleksandra Oszmiańska-Pagett,
Chair of the Committee of Experts issued a statement underlining
its unique nature, importance and added value to human rights protection
in general. The statement also emphasised the need of promoting
further this important instrument and that the accession to the
Charter remains a necessary precondition for all regional and minority
languages in Europe to continue to be safeguarded, protected and promoted.
Note
37. The Committee of Experts adopted a statement on the legal
framework for the implementation of the Charter in Ukraine at their
76th plenary meeting on 16 June 2023.
Note In their statement, the Committee
of Experts “
welcomes the opinion on the
Law on National Minorities (Communities) of Ukraine, adopted by
the Venice Commission at its 135th Plenary Session (Venice, 9-10
June 2023), which provides important guidance to the Ukrainian authorities
on how to improve the protection of national minorities and minority
languages in Ukraine”. The statement also aimed at providing
guidance to the Ukrainian authorities on how to strengthen the protection
of minority languages protected under the Charter.
38. On the occasion of the International Romani Language Day,
the Division of National Minorities and Minority Languages and the
Roma and Travellers Division of the Council of Europe and the European
Roma Institute for Arts and Culture (ERIAC) co-hosted the 5th edition
the “Safeguarding Romani Language” conference, in Strasbourg (5
November 2024).
Note During the conference experts and
practitioners of Romani language, educators and academics debated
on Council of Europe standards and promising policies relevant to
the protection, promotion and harmonisation of the Romani language.
A presentation was delivered focusing on the findings and recommendations
of the Committee of Experts of the Charter, as well as promising practices
in states parties.
39. Lastly, within the 12th edition
of the World Forum for Democracy (6 – 8 November 2024) organised annually
in the Council of Europe, a Forum Talk on “How to Counter Discrimination
and Promote Equality and Diversity to Transcend Divides in Society?’
was organised by the Anti-discrimination Department of the Council of
Europe. A representative of the Committee of Experts participated
in this panel discussion and underlined the importance of protecting
and promoting the linguistic rights of national minorities, particularly
in relation to the European Charter for Regional or Minority Languages.
4 Actions
taken to improve the impact of the Charter at regional and local
level and strengthen inter-institutional and international relations
4.1 The
role of local and regional authorities
40. The Committee of Experts has
confirmed in its reports that the role of local and regional authorities
in protecting and promoting regional or minority languages is essential.
This can especially be noted in fields such as education, local
and regional administration, transfrontier exchanges, media, culture
or health services, as these activities and services fall under
the responsibility of local and regional authorities in line with
the principle of subsidiarity. The Committee of Experts however
regularly pointed out the lack of effective information flow from
the state to local authorities and that these latter are often not
aware of the international commitments undertaken under the Charter
by the respective state party.
41. In order to support and promote the Charter in the states
parties and among those Council of Europe member states which have
not yet ratified it, several initiatives have been conducted at
regional and local level so that those authorities which have expressed
an interest in the Charter can implement its provisions in accordance
with their competences.
Note Representatives
of the users of different minority languages also underline the
importance of these initiatives. The Committee of Experts has been
always welcoming such pro-active approach at the level of municipalities
to the application of the Charter, which also allows to build or reinforce
the good co-operation between the authorities and the users of minority
languages.
42. Adopting “local charters” in the states parties to the Charter
can be successful initiatives to ensure a higher degree of protection
for regional or minority languages that are already protected. Such
was the case for example in the municipality of Kula (Vojvodina,
Serbia), which adopted a decision to apply additional or stronger
Part III undertakings falling into its competences concerning Hungarian,
Ruthenian, Ukrainian and German, triggering also other municipalities
in Vojvodina to prepare the adoption of comparable decisions concerning
additional minority languages.
Note
43. Finally, a good example for awareness raising during the reference
period is a public event hosted by the University of Glasgow’s College
of Social Sciences and Centre for Public Policy on 13-14 December
2023. Organised alongside the University of Edinburg, the event
aimed at presenting both the Charter and the Framework Convention
for the Protection of National Minorities, and the latest recommendations
from the previous monitoring cycle concerning the United Kingdom,
with a focus on Scotland. With representatives of both the Committee
of Experts and the Advisory Committee on the Framework Convention,
as well as Scottish government officials and civil society actors,
thematic discussions were also held on topics, linked to the effective
protection of national minorities, including with a language focus.
The event and the approach taken provided the opportunity for a
more effective awareness raising, by communicating reinforcing and complementing
messages.
4.2 Strengthening
inter-institutional and international relations
4.2.1 Relations
with the Parliamentary Assembly
44. The Parliamentary Assembly
has a key role in raising awareness of the Charter and policies
for the protection and promotion of regional or minority languages
traditionally used in Europe. The recommendations of the Committee
of Experts and the Committee of Ministers provide a basis for action
by members of the Parliamentary Assembly to promote regional or
minority languages in the states parties. The support of the Parliamentary
Assembly and national parliaments continues to be essential, particularly
to increase the number of ratifications of the Charter and the number
of undertakings given by states parties.
45. Exchanges of views between parliamentarians and Charter experts
can take place during monitoring visits or at hearings held by the
Parliamentary Assembly. The Parliamentary Assembly may also refer
matters to the Venice Commission (European Commission for Democracy
Through Law), which can provide legal expertise to states on any
constitutional or legislative issue relating to linguistic rights.
In addition, written questions may be put to the Committee of Ministers
on matters relating to the Charter.
46. To mark the 25th anniversary of
the entry into force of the Charter a hearing was organised by the
Sub-Committee on the Rights of Minorities of the Parliamentary Assembly
of the Council of Europe on 27 April 2023 in Strasbourg (France).
Note During the event, the President
Note of
the Parliamentary Assembly highlighted the importance of this unique
legal instrument and reiterated the special role that the Parliamentary
Assembly should play to enhance its visibility. He equally highlighted
his commitment to the promotion of the ratification of the Charter
and to continue this work in the context of his official visits
also in the future.
47. On 5 December 2024, the President
Note of the
Parliamentary Assembly addressed a keynote speech in the Interparliamentary
Conference on ‘Cultural Heritage and the Identity of National Communities’
in Budapest (Hungary). He recalled the importance of the Council
of Europe mechanisms and legal instruments in terms of protection
and promotion of national minorities and regional or minority languages,
stressing that the Framework Convention for the Protection of National
Minorities and the European Charter for Regional or Minority Languages
"
provide a widely recognised normative
scheme in terms of minority protection". The President
underlined that “
the protection of national
minorities and their languages is not only a matter of justice but
also an imperative for the preservation of our cultural identity
and social cohesion. In an increasingly multicultural world, safeguarding
diversity is the foundation for a peaceful and just future”.
Note
4.2.2 Relations
with the Committee of Ministers
48. The Committee of Ministers
plays a central role in adopting recommendations and decisions as
part of the monitoring of the application of the Charter in the
states parties. In addition, it elects the members of the Committee
of Experts. During the reference period, the Ministers' Deputies
elected or re-elected six members of the Committee of Experts (four
new experts in respect of the following states: Denmark, Germany, Luxembourg
and the United Kingdom; two re-elected members of the Committee
in respect of Cyprus and Serbia).
49. Exchanges of views are held with the Committee of Ministers'
Rapporteur Group on Legal Co-operation (GR-J). Recommendations and
decisions are discussed first in this framework before their adoption
by the Committee of Ministers. On 13 June 2023, the Chair of the
Committee of Experts held an exchange of views with the Rapporteur
Group on Legal Co-operation, highlighting the challenges in the
implementation of the Charter and the positive impact of the 2018
reform of its monitoring mechanism. The Chair also called on the member
states of the Council of Europe, who have not yet done so, to ratify
the Charter.
4.2.3 Relations
with other Council of Europe bodies
50. On 1 January 2024, the Steering
Committee on Anti-discrimination, Diversity and Inclusion (CDADI) started
its work under its new Terms of Reference.
Note In this framework, the CDADI
is engaged to promote and facilitate awareness raising of Council
of Europe standards, among others, in relation to regional or minority languages.
Accordingly, the CDADI shall carry out a study on recurrent problematic
areas in the field of regional or minority language protection and
identify good practices in Council of Europe member states, as well
as study data collection in relation to the rights of persons belonging
to national minorities and the use of regional or minority languages
and identify good practices. The CDADI has set up a working group
for this purpose. The Committee of Experts of the Charter is a participant
at CDADI. A member of the Committee of Experts as well as the Secretariat
of the Division of National Minorities and Minority Languages are
following this work closely.
51. It is in this context that on 7 December 2023, the Chair of
the Committee of Experts participated in an exchange of views with
the CDADI. She emphasised that the study to be carried out on recurrent
problematic areas in the field of regional or minority language
protection and identification of good practices in member states
could contribute to supporting states parties in fully implementing
the Charter and the related monitoring recommendations and to encouraging
more states to ratify it.
52. Contacts are also regular with other Council of Europe entities
working on matters that may relate to discrimination, or multiple
discrimination.
53. Other Council of Europe bodies, such as the European Court
of Human Rights, the Venice Commission, the Commissioner for Human
Rights, the Congress of Local and Regional Authorities and the various monitoring
bodies regularly refer to the Charter and the conclusions of the
Committee of Experts in their work, while at the same time enhancing
the impact of the Charter’s principles and specific provisions in
their own ways.
54. Having an appointed Gender Equality Rapporteur (GER) in the
Committee of Experts reinforces, inter alia the important work carried
out by the Gender Equality Division of the Council of Europe. In
this framework, the online HELP course on gender equality and gender
mainstreaming, the Toolkit on gender mainstreaming in Council of
Europe monitoring mechanisms: Gender mainstreaming in practice,
as well as the Guidelines for the use of language as a driver of
inclusivity were presented and disseminated in the Committee of
Experts.
4.2.4 Relations
with the Advisory Committee on the Framework Convention for the
Protection of National Minorities
55. In its decision of 28 November
2018 on “strengthening the monitoring
mechanism of the European Charter for Regional or Minority Languages”,
the Committee of Ministers emphasised that the Charter and the Framework
Convention for the Protection of National Minorities have distinct
aims and purposes and remain two separate instruments, giving rise
to distinct obligations, with separate monitoring mechanisms and
expert committees.
56. Strengthening relations between these two important treaties,
unique in the world for protecting minority rights, has continued
during the current reporting period. This is ensured on one hand
by the Division of National Minorities and Minority Languages, assuming
both respective secretariats together under one administrative entity
within Directorate General II – Democracy and Human Dignity of the
Council of Europe. As a tangible result of the greater cooperation
of the two monitoring bodies was the launch of a common website
to celebrate the 25th anniversary of
the entry into force of both treaties.
Note The joint anniversary webpage featured
a statement from the Chair of the Committee of Experts, facts and
figures about the Charter and a quiz.
57. The yearly meetings of the Heads of the Monitoring and Advisory
Bodies of the Council of Europe are also opportunities to highlight
relevant activities and enhance relations not only between the Committee
of Experts and the Advisory Committee on the Framework Convention
for the Protection of National Minorities, but with other monitoring
and advisory bodies.
4.2.5 Relations
with the European Union
58. As a reference treaty on minority
languages, the Charter's monitoring mechanism is of particular interest to
the European Union. The recommendations and findings of the Committee
of Experts are important benchmarks for assessing the progress made
by candidate states in the accession to the European Union. Through
the joint programmes between the EU and the Council of Europe, the
European Union has traditionally played a key role in providing
assistance and support to states preparing to ratify the Charter
(legal advice, capacity building, awareness raising) and/or to the
implementation of the recommendations made by the Committee of Experts.
59. Contacts are regular at secretariat level between the European
Union and the Council of Europe and meetings take place to exchange
information, in particular on countries which are in the process
of acceding to the European Union.
60. On 11 December 2024, the Head of the Division of National
Minorities and Minority Languages participated at a conference entitled
“Challenges and prospects for national minority protection in Europe”, organised
in the framework of the Hungarian Presidency of the Council of the
European Union in Brussels (Belgium), presenting the Charter, its
important impact over the past decades, the challenges faced and
the future prospects.
4.2.6 Civil
society organisations and research institutes
61. The Committee of Experts has
continued to be in contact with relevant civil society organisations. Representatives
of the speakers are systematically met by members of the Committee
of Experts during country visits. A webpage dedicated to the civil
society organisations is available and contains information on how
to contribute to the monitoring work.
Note Meetings organised by civil society
organisations, in particular the European Language Equality Network
(ELEN) were also attended by the members of the Committee of Experts during
the current reporting period.
62. On 20 June 2024, the Committee of Experts held an exchange
of views with researchers from the European Centre for Minority
Issues (ECMI) on the initial results of their research “A pathway to expanding the ratification of
the European Charter for Regional or Minority Languages”,
which identifies key obstacles to ratification in seven Council
of Europe member states and propose strategic recommendations for
overcoming these obstacles. Members of the Committee of Experts
were also involved in conferences organised by ECMI and contributed
to its work during the reporting period. On 19 November 2024, at
its 80th plenary meeting, the Committee
of Experts held an exchange of views to explore the current landscape
of new media and their potential role in promoting regional and
minority languages. A representative of the European Association
of Daily Newspapers in Minority and Regional Languages (MIDAS),
as well as a researcher from ECMI were invited as guest speakers
to present their relevant work.
4.2.7 Co-operation
with other international organisations and institutions
63. The Committee of Experts of
the Charter and its secretariat co-operate on an ad hoc basis with
other international organisations and institutions (United Nations;
OSCE High Commissioner on National Minorities).
64. In 2023 and 2024 respectively, a representative of the Committee
of Experts of the Charter and the Head of Division of National Minorities
and Minority Languages of the Council of Europe addressed the annual session
of the United Nations Forum on Minority Issues in Geneva (Switzerland),
where bilateral meetings also took place to enhance synergies with
other international organisations and/or relevant partners. On 8
July 2023, the representative of the Committee of Experts participated
at the advocacy meeting on a draft treaty on international minority
rights, proposed by the United Nations Special Rapporteur on minority
issues to the Human Rights Council. The meeting provided the opportunity
to recall the Charter as a unique international treaty in protecting
and promoting traditional regional and minority languages, as well
as to underline its added value, also internationally.
65. To mark the 25th anniversary of
the entry into force of the two key legal instruments of the Council
of Europe pertaining to national minorities, the Framework Convention
and the Charter, as well as the 30th anniversary
of the opening of the office of the OSCE High Commissioner on National
Minorities in The Hague, a compilation of texts on national minority
standards from the Council of Europe and the OSCE High Commissioner
on National Minorities were presented and a dedicated joint website
was launched.
Note The joint webpage illustrates the
long-standing and strong co-operation between and complementarity
of the two organisations and is the resource of key documents in
several languages.
5 Conclusion
66. Today, more than 80 regional
or minority languages benefit from protection in the states parties
to the Charter.
Note Their use is promoted in education,
justice, public administration and services, media, cultural activities
and facilities, economic and social life and transfrontier co-operation.
The implementation of the provisions of the Charter contributes
to the process of revitalisation of languages threatened with extinction
and the Committee of Experts continues to be engaged in supporting
these processes.
67. As Secretary General, I would like to reiterate that the Council
of Europe continues to stand ready to provide states with all the
assistance they need to complete the ratification process, as well
as to implement the recommendations of the Committee of Ministers
and the Committee of Experts. The support of the Parliamentary Assembly
is an essential lever in this regard, and I invite its members to
continue playing an important role in promoting and safeguarding
diversity in Europe, as a basis for peace and stability in our continent.
Appendix 1 – Brief overview
of the Charter and the situation regarding signature and ratification
The European Charter for Regional or Minority
Languages is a convention designed to protect and promote States
Parties’ traditional minority languages and enable speakers of these
languages to use them in both private and public life. It requires
states parties to actively promote the use of regional or minority
languages in education, courts, administration, media, culture,
economic and social life, and cross-border co-operation.
The Charter goes beyond minority protection and anti-discrimination,
requiring its states parties to take active promotional measures
for the benefit of minority languages. The Council of Europe ensures
that the Charter is implemented in practice and regularly monitors
the commitments made by the states parties.
By imposing promotional obligations on states, the Charter
complements the individual rights of minority language speakers
arising from national and international minority protection. These
provisions seek to give momentum to the implementation of minority
rights in daily life. Together with the Framework Convention for the
Protection of National Minorities, the Charter constitutes the Council
of Europe's commitment to protect national minorities.
The Charter is based on an approach that fully respects national
sovereignty and territorial integrity. It does not conceive the
relationship between official languages and regional or minority
languages in terms of competition or antagonism. Development of
the latter must not obstruct knowledge and promotion of the former.
Regional or minority languages are part of Europe’s cultural
heritage and their protection and promotion contribute to the building
of a Europe based on democracy and cultural diversity. The Charter
applies to over 80 regional and minority languages, territorial or non-territorial languages and less widely
used official languages. It covers only the languages traditionally
used within a state’s territory, not those connected with recent
migratory movements or dialects of the official language.
Drawn up on the basis of a text put forward by the Standing
Conference of Local and Regional Authorities of Europe, now the
Congress of Local and Regional Authorities, the Charter was adopted
as a convention open for accession by non-Council of Europe states (ETS
No. 148) on 25 June 1992 by the Committee of Ministers of the Council
of Europe. The Charter was opened for signature on 5 November 1992
and has been in force since 1 March 1998.
To date, the following 25 states have ratified the Charter
(listed in alphabetical order): Armenia, Austria, Bosnia and Herzegovina,
Croatia, Cyprus, the Czech Republic, Denmark, Finland, Germany,
Hungary, Liechtenstein, Luxemburg, Montenegro, the Netherlands,
Norway, Poland, Romania, Serbia, Slovak Republic, Slovenia, Spain,
Sweden, Switzerland, Ukraine and the United Kingdom. In addition,
the Charter applies in the Isle of Man, an official British Crown
dependency.
Eight Council of Europe member states have signed but not
ratified the Charter: Azerbaijan, France, Iceland, Italy, Malta,
North Macedonia, Republic of Moldova and Portugal. Five states undertook
to ratify the Charter at the time of their accession to the Council
of Europe but have not yet done so: Albania, Azerbaijan, Georgia, North
Macedonia and the Republic of Moldova.
Appendix 2 – Statement
by the Chair of the Committee of Experts of the European Charter
for Regional or Minority Languages on the 25th anniversary of the
entry into force of the European Charter for Regional or Minority
Languages
1 March 2023, Strasbourg
Regional and minority languages are part of Europe's cultural
and intangible heritage. The Council of Europe, aware that their
protection and promotion contribute to the construction of a Europe
based on respect for human rights, democracy and the rule of law,
adopted the European Charter for Regional or Minority Languages
in 1992, on the basis of preliminary work initiated in 1957 by the
Parliamentary Assembly of the Council of Europe.
This treaty, which today marks the 25th anniversary of its
entry into force, obliges the 25 States Parties that have ratified
it to actively promote the use of these languages in education,
justice, administration, media, culture, economic and social life
and cross-border cooperation.
The system of commitments adopted in the Charter allows for
adaptation to the situation of each language, taking into account
the social, political and economic contexts which shape them. It
makes it possible to guarantee the use of each of the more than
80 regional and minority languages currently protected by the Charter
in all sectors of everyday life. The Charter unquestionably contributes
to the consolidation of a closer union between our people, while
reinforcing the cultural diversity which is the strength of our
continent.
For 25 years, the Committee of Independent Experts (COMEX),
which monitors the implementation of the Charter, has been able
to count on the support of national and European organisations for
the promotion of regional or minority languages, which are essential
partners in the pursuit of this common objective. Their expertise
on the ground enables the COMEX to gather valuable information during
its on-the-spot visits to the countries concerned.
On the basis of the COMEX evaluation reports and recommendations,
as well as the recommendations of the Committee of Ministers of
the Council of Europe, the States Parties have useful tools at their
disposal to better develop and deploy policies on the use of regional
and minority languages on a daily basis. As the Charter is a living
instrument and is assessed in the light of current living conditions,
new issues and challenges are now taken into consideration, such
as the place given to regional and minority languages in new technologies,
in social media or in the development of artificial intelligence.
For a quarter of a century, the European Charter for Regional
or Minority Languages has been an instrument for rationalising and
objectifying discussions on the protection and promotion of regional
and minority languages. It must therefore be understood as such
by all Council of Europe member states. Their accession to the Charter
remains a necessary precondition for regional and minority languages
to continue to be safeguarded, protected and promoted.
