Application of the European Charter for Regional or Minority Languages (2021-2022)
Report by the Secretary General of the Council of Europe to the Parliamentary Assembly
Communication
| Doc. 15743
| 13 April 2023
- Author(s):
- Secretary General of the Council of Europe
1 Introduction
1. The European Charter for Regional
or Minority Languages (hereinafter “the Charter”; ETS No. 148) is the
only international legally binding instrument for the preservation,
protection and promotion of our common linguistic heritage.
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”.
3. This eleventh report by the Secretary General, covering the
period 2021-2022,
Note takes
stock 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 action taken to improve the
impact of the Charter at local level and strengthen the Committee
of Experts’ ties with other sectors of activity of the Council of
Europe, with the European Union and other international organisations
and institutions.
4. This report is also an opportunity to draw attention to the
key role that the Parliamentary Assembly can play in raising awareness
of the Charter and policies for the protection and promotion of
regional or minority languages traditionally spoken in Europe.
Note
2 Signatures
and ratifications of the Charter by Council of Europe member states:
the state of play
5. 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, Czech Republic,
Denmark, Finland, Germany, Hungary, Liechtenstein, Luxembourg, Montenegro,
the Netherlands, Norway, Poland, Romania, Serbia, the 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.
Note
6. A further eight states have signed it,
Note including Portugal during the
reference period (in September 2021). Five states that committed
themselves to ratifying the Charter on acceding to the Council of
Europe have not yet done so, despite the work undertaken in the
past to this end.
Note The
Council of Europe stands ready to provide these states with all
the assistance they need and to help them overcome the obstacles
that prevent them from completing the ratification process. The
support of the Parliamentary Assembly can be an important lever
in this regard.
7. In Europe, more than 80 regional or minority languages currently
benefit from protection. Their use is promoted in education, justice,
public administration and services, media, cultural activities and
facilities, economic and social life and transfrontier co-operation.
Thanks to the Charter, some languages threatened with extinction
have been successfully revitalised.
8. Over the past two years, two States Parties have agreed to
review their level of commitment to the Charter in order to reflect
improvements in the situation with regard to regional or minority
languages traditionally spoken on their territory:
- On 6 January 2021, Germany notified
the Council of Europe that it had accepted additional Part III undertakings
with regard to Danish, North Frisian and Low German in the Land
of Schleswig-Holstein, covering administrative documents, place
names and cultural activities;
- On 14 October 2021, Norway decided to apply Part III of
the Charter to Lule Sámi and Southern Sámi.Note
9. The Council of Europe regularly encourages Council of Europe
member states that have not yet done so to sign and ratify the Charter,
and invites member states that have ratified it to regularly review
their level of commitment in order to reflect improvements in the
situation with regard to their regional or minority languages. It
provides legal advice as part of its co-operation activities, organises
awareness-raising exercises and holds regular discussions with the
competent national authorities.
3 Monitoring the application of the
European Charter for Regional or Minority Languages in the States Parties
10. The implementation of the Charter
has been overseen since 1998 by the independent experts who sit on
the Charter’s Committee of Experts (hereinafter “the Committee”).
The Committee of Experts consists of 25 experts, mainly lawyers
and linguists, elected for a six-year term (which may be renewed
once) from a list of individuals “of the highest integrity and recognised
competence in the matters dealt with in the Charter”. Its role is
to examine the reality of the situation with regard to regional
or minority languages in the States Parties, to report to the Committee
of Ministers on its evaluation of states’ compliance with their
undertakings and, where appropriate, to encourage them to gradually
reach a higher level of commitment. The Committee of Ministers,
for its part, adopts recommendations and decisions as part of the
process of monitoring the application of the Charter in the States
Parties.
11. In its decision of 28 November 2018 on “strengthening the
monitoring mechanism of the European Charter for Regional or Minority
Languages”,
Note in
the wake of the High-Level Conference held in Strasbourg on 18 and
19 June 2018 by the Croatian Presidency of the Committee of Ministers,
the Committee of Ministers approved a comprehensive reform of the
Charter’s monitoring mechanism, which came into force on 1 July 2019.
12. The Charter’s monitoring procedure now consists of several
stages: submission of a national periodical report every five years;
an on-the-spot visit by the Committee of Experts to the state concerned;
adoption of the evaluation report by the Committee of Experts, after
which the report is sent to the national authorities for comments;
automatic publication of the evaluation report not later than two
months after it is sent to the state concerned; and, lastly, submission
of the evaluation report and any comments by the state to the Committee of
Ministers which adopts a recommendation. During this cycle, information
on the implementation of a limited number of recommendations (the
ones identified by the Committee of Experts in its evaluation report
as being for immediate action) is provided by the state concerned
two and a half years after submitting its periodical report.
Note
13. The reference period provided an opportunity to gauge the
positive impact of the reform of the monitoring mechanism. The extension
of the monitoring cycle from three to five years means that national
authorities have more time to write their periodical reports. The
automatic publication of the evaluation reports within two months after
they are sent to the state concerned has helped to reinforce the
impact of the Committee of Experts’ work by ensuring that its reports
are still fully relevant at the time when they are published. In
addition, the possibility afforded the Committee of Experts to make
a proposal to the Committee of Ministers about starting an evaluation
without a periodical report whenever the report is more than twelve
months late gives states a major incentive to adhere to the schedule
for submission of periodical reports, as decided by the Committee
of Ministers in 2018.
14. During the reference period, the Committee of Experts carried
out ten on-the-spot visits (Austria, Cyprus, Germany, the Netherlands,
Norway, Poland, Serbia, Sweden, Switzerland, Ukraine). The backlogs
caused by the Covid-19 pandemic are thus in the process of being
cleared.
3.1 Recommendations and decisions of the
Committee of Ministers
15. 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
2021
- 16 June, Slovak
Republic, decisions
CM/Del/Dec(2021)1407/10.4b, evaluation of the implementation of the recommendations
for immediate action contained in the fifth evaluation report;
- 16 June, Spain, decisions
CM/Del/Dec(2021)1407/10.4c, evaluation of the implementation of the recommendations
for immediate action contained in the fifth evaluation report;
- 16 June, United Kingdom, decisions
CM/Del/Dec(2021)1407/10.4a, evaluation of the implementation of the recommendations
for immediate action contained in the fifth evaluation report;
- 20 October, Slovenia, decisions
CM/Del/Dec(2021)1415/10.7, evaluation of the implementation of the recommendations
for immediate action contained in the fifth evaluation report;
- 8 December, Armenia, decisions
CM/Del/Dec(2021)1420/10.2, evaluation of the implementation of the recommendations
for immediate action contained in the fifth evaluation report.
2022
- 16 February, Cyprus, recommendation
CM/RecChL(2022)1, sixth evaluation report;
- 16 February, Poland, recommendation
CM/RecChL(2022)2, third evaluation report;
- 30 March, Norway, recommendation
CM/RecChL(2022)3, eighth evaluation report;
- 11 May, Croatia, decisions
CM/Del/Dec(2022)1434/10.2b, evaluation of the implementation of the recommendations
for immediate action contained in the sixth evaluation report;
- 5 October, Bosnia and Herzegovina, recommendation
CM/RecChL(2022)4, third evaluation report;
- 23 November, Germany, recommendation
CM/RecChL(2022)5, seventh evaluation report;
- 23 November, Switzerland, recommendation
CM/RecChL(2022)6, eighth evaluation report.
16. 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 is an important
contribution to the independent monitoring mechanism.
3.2 Recommendations by the Committee of
Experts
17. An analysis of the various
recommendations made by the Committee of Experts during the reference period
shows that some States Parties continue to face systemic difficulties
in applying the Charter. Many recommendations have been reiterated
over the various monitoring cycles, particularly in relation to
education and speakers’ dealings with the administrative authorities
and public services, and in relation to the effective use of regional
or minority languages before the courts and in the media. Furthermore,
in their reporting in connection with the recommendations for immediate
action, some countries failed to provide the Committee of Experts
with the information needed to fully assess compliance. In some
cases, speakers' representatives were not consulted.
18. For example, in some countries, the teaching of regional or
minority languages calls for more structure, additional investment
in teacher recruitment and training, and new teaching materials
so that they are suitable for all levels, including pre-school.
Sometimes the number of teaching hours is lower than what countries undertook
to ensure under the Charter. Too often, the history and culture
surrounding regional or minority languages are not taught, especially
to non-speakers.
19. As regards relations with administrative authorities and regional
and/or local public services (undertakings under Article 10 of the
Charter), several countries still apply a threshold requiring that
20% of the population belong to a national minority. The Committee
of Experts has repeatedly encouraged, and continues 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, irrespective
of thresholds, and to apply the undertakings ratified under Article
10 in those areas on a sustainable basis.
20. The use of minority or regional languages in the media of
the States Parties too often falls short of the Charter provisions
accepted. Some languages are insufficiently present in the media
while others are absent altogether. In Germany, an example of good
practice can be found in the 2021 broadcasting agreement for the regional
channel NDR, which expressly provides that regional or minority
languages must be regularly and adequately included in the broadcaster's
offering.
21. The 2021-2022 monitoring cycle also looked at the use of regional
or minority languages during the Covid-19 pandemic, mostly highlighting
the patent lack of communication on health conditions and appropriate protective
measures in the regional or minority languages of the States Parties
to the Charter.
3.3 Statements by the Committee of Experts
22. During the reference period,
the Committee of Experts took the opportunity to publish several
pieces of work and statements.
23. On 5 November 2022, to coincide with the 30th anniversary
of the signing of the Charter, the Bureau of the Committee of Experts
took stock of the implementation of the Charter in the States Parties,
pointing out that over the years, the existing mechanism had become
a major reference point but that many challenges remained. It called
on all Council of Europe member states to ratify this instrument.
Note
24. On 15 June 2022, in response to one of the arguments invoked
by the Russian Federation as a pretext for its aggression against
Ukraine, namely the situation with regard to Russian as a minority
language in Ukraine, the Committee of Experts published a statement
in which it condemned the aggression in the strongest possible terms
and pointed out that nothing in the Charter could be interpreted
as implying any right to engage in any activity or perform any action
in contravention of the purposes of the Charter of the United Nations
or other obligations under international law, including the principle
of the sovereignty and territorial integrity of states.
Note
25. Also, in response to the rise of artificial intelligence (“AI”),
which can facilitate the everyday use of regional or minority languages
and support the authorities in promoting these languages in accordance
with the Charter, the Committee of Experts issued a statement in
March 2022, encouraging states to promote the inclusion of regional
or minority languages into research and study on AI with a view
to supporting the development of relevant applications, and to develop,
in co-operation with the users of these languages and the private
sector, a structured approach to the use of AI applications in the
different fields covered by the Charter.
Note
26. On 8 February 2022, the Committee of Experts published a statement
in which it expressed concern about the reduction in funding for
regional or minority language education in Poland and the subsequent decrease
in the number of hours for minority language teaching targeting
German. It noted that these developments were a step back compared
with the previous situation and went against the objectives and principles
of the Charter. The Committee suggested holding a follow-up meeting
to discuss this matter.
3.4 Visibility of the work of the Committee
of Experts
27. In order to facilitate understanding
of the Charter and its basic texts, the publication in May 2021
of the 2nd edition of the collected texts of the Charter brought
together all the relevant material.
Note In addition, in June 2021, the Charter
secretariat published a booklet highlighting examples of good practice
that could serve as models for knowledge transfer between stakeholders.
Note Lastly, a HUDOC search tool, specifically
dedicated to the Charter, is being developed. It will provide access
not only to all the reports and statements of the Committee of Experts,
but also to comments made by states, recommendations of the Committee
of Ministers and the Secretary General’s reports. When it goes online
in spring 2023, this new tool will help to improve the dissemination
and consistency of the Committee of Experts' work.
4 Action taken to improve the impact
of the Charter at local level and strengthen inter-institutional
and international relations
4.1 Promoting the Charter at local level
28. 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 local level so that local and regional authorities
which have expressed an interest in the Charter can implement its
provisions in accordance with their competences and so provide a
basis for any policy to promote minority or regional languages.
29. In the States Parties to the Charter, these initiatives serve
to ensure a higher degree of protection for regional or minority
languages that are already protected. For example, in 2021, a local
charter was adopted by the municipality of Kanjiža/Magyarkanizsa
in Serbia to provide greater protection for Hungarian.
30. In Council of Europe member states that have not yet ratified
the Charter, such initiatives can serve as “pilot” schemes, providing
an opportunity to simulate its application at local level prior
to ratification at national level and to thus facilitate its implementation
in the future. In France, following on from similar initiatives launched
by various local authorities in Alsace in 2014 and 2015, 49 municipalities
in the Communauté d'Agglomération du Pays-Basque signed local versions
of the Charter on 11 March 2022 to promote the use of Basque in
various areas of public life.
4.2 Strengthening inter-institutional
and international relations
4.2.1 Relations with the Parliamentary Assembly
31. 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 is essential, particularly to
increase the number of ratifications of the Charter and the number
of undertakings given by States Parties. Exchanges of views between
parliamentarians and Charter experts can take place during monitoring
visits or at hearings held by the Parliamentary Assembly. The Assembly
may also refer matters to the Venice Commission, which can provide
legal expertise to states on any constitutional or legislative issue.
In addition, written questions may be put to the Committee of Ministers
on matters relating to the Charter.
Note
4.2.2 Relations with the Committee of Ministers
32. Quite apart from the central
role it plays in adopting recommendations and decisions as part
of the monitoring of the application of the Charter in the States
Parties, the Committee of Ministers elects the members of the Committee
of Experts. During the reference period, the Ministers' Deputies
elected or re-elected 11 members of the Committee of Experts (seven
new experts in respect of the following states: Austria, Finland,
Hungary, Liechtenstein, Romania, Switzerland and Ukraine, and six
former members of the Committee in respect of the following states:
Armenia, Croatia, Montenegro, the Netherlands, Norway and Poland).
In addition, exchanges of views are held with the Committee of Ministers'
Rapporteur Group on Legal Co-operation (GR-J).
33. The Hungarian Presidency of the Committee of Ministers of
the Council of Europe placed increased effective protection for
national minorities high on its agenda. Among the various events
held was a high-level conference on “Council of Europe norms and
standards on national minority rights: results and challenges” on 29
June 2021, which provided an opportunity to assess the achievements
and identify the remaining challenges in the field of minority rights
protection in Europe, in the light of the functioning of the Council
of Europe’s protection mechanisms for national minorities and the
experiences of the Parliamentary Assembly, the Venice Commission
and the European Court of Human Rights. At the Conference, Vesna
Crnić-Grotić, in her capacity as Chair of the Committee of Experts,
spoke about the work of the Committee of Experts.
34. On 7 September 2021, the Hungarian Presidency of the Committee
of Ministers of the Council of Europe also held a conference on
“The role of NGOs and research institutes in promoting Council of
Europe norms and standards on national minority rights”. The event highlighted the role
and contribution of civil and non-governmental organisations, as
well as research institutes, in promoting international standards
for the protection of national minorities and the norms and standards
of the Council of Europe in particular. Beate Sibylle Pfeil, member
of the Committee of Experts, together with the secretariat of the
Division of National Minorities and Minority Languages, spoke about
the extensive interaction that takes place with the Committee of
Experts in the course of its monitoring work.
4.2.3 Relations with the Advisory Committee
on the Framework Convention for the Protection of National Minorities
35. As emphasised by the Committee
of Ministers in its decision of 28 November 2018 on “strengthening the
monitoring mechanism of the European Charter for Regional or Minority
Languages”,
Note the Charter and the Framework
Convention for the Protection of National Minorities (hereinafter
“the Framework Convention”; ETS No. 157) have distinct aims and
purposes and remain two separate instruments, giving rise to distinct obligations,
with separate monitoring mechanisms and expert committees.
36. In that same decision, however, the Committee of Ministers
decided to align the periodical reports on the Charter and the Framework
Convention, by following a specific schedule. This move was one
of the main objectives of the 2018 reform and has been welcomed
by the States Parties. In this context and at the request of certain
States Parties to the two conventions, on-site visits co-ordinated
between the Committee of Experts and the Advisory Committee on the
Framework Convention (Norway, the Netherlands, Switzerland, Austria) took
place. They demonstrated the potential for greater co-operation
between the two bodies, facilitated by the decision to bring their
respective secretariats together under one administrative entity
(Division of Minorities and Minority Languages within Directorate
General II – Democracy and Human Dignity).
4.2.4 Relations with other Council of Europe
bodies
37. Other Council of Europe bodies,
such as the European Court of Human Rights, the Venice Commission, the
Commissioner for Human Rights,
Note the Congress of Local and Regional
Authorities
Note 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.
38. There has also been contact recently with the Observatory
on History Teaching in Europe, the Steering Committee on Anti-discrimination,
Diversity and Inclusion (CDADI),
Note which advises the Committee of Ministers
on matters that may relate to discrimination on grounds of language,
and with the Gender Equality Commission. Such interaction provides
an opportunity to explore ways of achieving more transversal co-operation
in the Organisation’s activities.
39. The Committee of Experts also appointed a new Gender Equality
Rapporteur (GER) at its 73rd plenary meeting (June 2022) and adopted
a roadmap to better incorporate the gender dimension in its work
and activities. A project to translate the Council of Europe's campaign
“Sexism: See it. Name it. Stop it” into the regional or minority
languages protected by the Charter was launched by the secretariat
with the support of the Committee's experts.
Note On 8 March 2021, to mark
International Women’s Rights Day, the Chair of the Committee of
Experts posted a video online emphasising the importance of education
in the fight for gender equality.
Note
4.2.5 Relations with the European Union
40. As a reference treaty on minority
languages, the Charter's monitoring mechanism is of particular interest to
the European Union. For the Charter, the European Union plays a
key role in providing assistance and support to states preparing
to ratify the Charter (legal advice, capacity building, awareness
raising) through the joint programmes between the EU and the Council
of Europe. In 2022, within the framework of the Horizontal Facility
(II) for the Western Balkans and Türkiye and for the first time
in Bosnia and Herzegovina, a number of official bilingual signs
in official and minority languages were inaugurated in five municipalities
in Republika Srpska in Bosnia and Herzegovina. These signs display
traditional place names in minority languages and/or indicate sites
related to national minorities such as churches, thus raising awareness
of the traditional presence of these languages and the groups that
use them.
4.2.6 Non-governmental organisations in
member and non-member states
41. The Committee of Experts has
particularly close relations with three major organisations active
in the field, namely the Federal Union of European Nationalities
(FUEN), the Network to Promote Linguistic Diversity (NPLD) and the
European Language Equality Network (ELEN). It regularly participates
in events organised by these organisations.
Note
4.2.7 Co-operation with other international
organisations and institutions
42. 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).
5 Challenges to be addressed before
2024
43. The ongoing challenge is still
to ensure the sustainability and effectiveness of the reformed system.
To this end, it is essential that states submit their periodical
reports on time so as not to disrupt the Committee's work programme.
In addition, a more direct link should be established between the
recommendations made by the Committee of Ministers and the Committee
of Experts and co-operation activities (including those carried out
under joint programmes between the EU and the Council of Europe),
in partnership with the speakers of regional or minority languages.
On this basis, co-operation projects targeting the main issues identified
by the Committee of Experts should be proposed to all States Parties
immediately after the relevant evaluation report is published and
should become a regular feature of the process of assessing implementation
of commitments.
44. Action taken at local level to adopt local charters should
be continued and intensified, in particular in those Council of
Europe member states which have not yet ratified the Charter.
45. 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 education, public administration and services, media and culture
and the rise of artificial intelligence. The Committee of Experts' statement
on the promotion of regional or minority languages through artificial
intelligence is effectively a guideline for its work in this respect.
46. Lastly, the gender dimension in the evaluation work needs
to be further developed in the Committee of Experts’ evaluation
reports and related activities.
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 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, Luxembourg, Montenegro, the Netherlands,
Norway, Poland, Romania, Serbia, the 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, the 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 – Recommendations
for immediate action by the States Parties in the evaluation reports published
from 2021 to 2022 – country overview
GERMANY (seventh report MIN-LANG(2022)7): identify, in co-operation with the speakers, ways
of strengthening educational provision for Romani; support initiatives
using Romani in the media, in co-operation with the speakers; Land of Schleswig-Holstein: take
further steps to increase the availability of Danish-language radio
and television broadcasts, in particular with respect to duration
and frequency; provide a clear legal basis for the use of Danish
in civil and administrative court proceedings, in accordance with
the undertakings ratified; strengthen the provision of North Frisian
in education, including by providing a sufficient number of teachers
and the required teaching materials; take further steps to increase
the availability of programmes in North Frisian in broadcasting
media, with a sufficient frequency and duration; further strengthen the
provision of Low German in education at primary and secondary levels,
including by ensuring adequate teacher training; Free State of Saxony: ensure that
a sufficient number of teachers are available for Upper Sorbian
education at all levels; increase the availability of television
programmes in Upper Sorbian, in particular in terms of frequency
and duration; Land of Brandenburg:
extend and strengthen the provision of Lower Sorbian in pre-school,
primary and secondary education, including by providing for it as
an integral part of the curriculum more consistently; ensure that
a sufficient number of teachers are available for Lower Sorbian education
at all levels; strengthen efforts to develop adequate educational
provision for Low German; Land of Lower
Saxony: encourage the provision of at least a substantial
part of pre-school education in Sater Frisian and strengthen educational
provision for Sater Frisian at all appropriate levels; take further
steps to increase the availability of programmes in Sater Frisian
in broadcasting media, with a sufficient frequency and duration; further
strengthen the educational provision for Low German at all appropriate
levels; Land of North Rhine-Westphalia:
continue efforts to develop adequate educational provision for Low
German; Land of Saxony-Anhalt:
take resolute action to develop adequate educational provision for
Low German; Free Hanseatic City of Bremen:
take measures to provide at least for a substantial part of education
in Low German at pre-school level, and provide for the teaching
of Low German in primary and secondary education as a separate subject and
as an integral part of the curriculum; facilitate the broadcasting
of television programmes in Low German on a regular basis; Free Hanseatic City of Hamburg:
take concrete steps to promote Low German in education, at pre-school,
primary and secondary level, including by ensuring adequate teacher
training; encourage the publication of newspaper articles, including
online, in Low German on a regular basis; Land
of Mecklenburg-Western Pomerania: continue measures strengthening
Low German in education at all levels, including by ensuring adequate
teacher training; take practical measures encouraging the use of
Low German in administration, in accordance with the undertakings
ratified.
BOSNIA AND HERZEGOVINA (third report MIN-LANG(2022)2): increase awareness of the Charter among the speakers
and all authorities responsible for implementation; provide appropriate
forms and means for the teaching of Albanian, Czech, German, Hungarian,
Italian, Polish, Romani, Romanian, Slovak, Slovenian, Turkish and
Ukrainian at all stages concerned by ratification, inform students
and parents directly about what teaching is available and encourage
them to make use of it; establish a scheme for financing activities
and facilities relating to the promotion of Albanian, Czech, German,
Hungarian, Italian, Polish, Romani, Romanian, Slovak, Slovenian,
Turkish and Ukrainian; increase awareness of Ladino as a minority
language in Bosnia and Herzegovina; increase awareness of Yiddish
as a minority language in Bosnia and Herzegovina; provide appropriate
forms and means for the revitalisation of Ladino and Yiddish; clarify
the situation with regard to the Ruthenian language in Bosnia and
Herzegovina.
CYPRUS (sixth report MIN-LANG(2021)16): facilitate training of teachers of Armenian; consider
creating a Chair of Armenian and make efforts in order to start
a study programme in Armenian at the University of Cyprus; introduce
a scheme for the basic and further training of teachers of Cypriot
Maronite Arabic; introduce pre-school education in Cypriot Maronite
Arabic and teaching of this language in secondary education.
NORWAY (eighth report MIN-LANG(2021)20): take measures to ensure a stronger presence of Kven
in the media, including reintroducing Kven in radio broadcasting;
improve the status of Kven in primary and secondary education and
enhance provision of Kven language nests in kindergartens; ensure
that there are incentives for students who have opted for Kven,
Lule Sámi, North Sámi or South Sámi as a second language in compulsory
education to continue these studies at upper secondary level, as
this is the recruitment base for teacher training for Kven, Lule
Sámi, North Sámi and South Sámi; ensure that the new administrative
division does not have a negative impact on Lule Sámi in education;
ensure that health and social care facilities such as hospitals
and retirement homes offer services in North Sámi; encourage the
use of Romanes and Romani in speech and writing in public life,
particularly in education in co-operation with the speakers; promote
the inclusion of respect, understanding and tolerance in relation
to Romanes and Romani among the objectives of education, teacher
training and media; provide forms and means for the teaching and
study of South Sámi at all appropriate stages, including through
distance learning.
POLAND (third report MIN-LANG(2021)15): take steps to develop teaching in/of Armenian, Czech,
Russian and Slovak at all levels, including by providing the required
teacher training and textbooks; take measures to increase the use
of Armenian, Czech, Russian and Slovak in the media (broadcasting
media, online and print media, audio-visual works); make education
in Belarusian, German, Kashub, Lemko and Ukrainian available at
pre-school, primary and secondary levels, including by providing
the required teacher training and textbooks; take concrete measures
to implement the ratified provisions of Article 10 regarding Belarusian,
German, Kashub, Lemko, Lithuanian and Ukrainian in all those local
and regional administrative units where the speakers are traditionally
present in sufficient numbers, even if they do not attain the 20%
threshold, and reinstall the bilingual place-name signs removed
as a result of the extension of the city of Opole (in the case of German);
promote awareness and tolerance in Polish society as a whole vis-à-vis
the Belarusian, German, Lemko and Ukrainian languages and the cultures
they represent, as an integral part of the cultural heritage of Poland;
take concrete measures to facilitate the creation of one public
radio station and one public television station in Kashub covering
the territories in which Kashub is spoken; draw up, in co-operation
with the minorities concerned, an action plan for the revitalisation
of Karaim, Tatar and Yiddish; draw up, in co-operation with the
minority, an action plan for the revitalisation of Yiddish, in particular
by introducing teaching in/of Yiddish at all appropriate levels;
ensure the necessary textbooks for teaching in Lithuanian at all
levels; take concrete measures to facilitate the creation of one
public radio station and one public television channel in Lithuanian
covering the territories in which Lithuanian is spoken; draw up,
in co-operation with the speakers, an action plan for the implementation
of the Charter with respect to Romani.
SWITZERLAND (eighth report MIN-LANG(2022)8): take additional measures promoting the use of Italian
and Romansh in economic and social life, including in the public
sector; clarify to what extent the school inspectorate of the Canton
of Graubünden/Grischun/Grigioni carries out the tasks foreseen by
Article 8.1.i and, if needed, extend its mandate accordingly; adopt
cantonal and/or local legislation on the use of French in public life
in the municipality of Murten/Morat (Canton of Fribourg/Freiburg);
prepare, in the context of the implementation of the “Regulation
on support of initiatives promoting bilingualism”, a strategy on
the promotion of French in Murten/Morat; adopt cantonal and/or local
legislation on the use of German in public life in the municipalities
where German is a non-official minority or majority language; make
available German language education from pre-school to secondary
levels for those municipalities where German is a non-official minority or
majority language.
Appendix 3 – Statement
by the Bureau of the Committee of Experts on the occasion of the
30th anniversary of the European Charter for Regional or Minority
Languages
5 November 2022, Strasbourg
The European Charter for Regional
or Minority Languages celebrates its 30th anniversary
On 5 November 1992, 11 member states of the Council of Europe
signed the European Charter for Regional or Minority Languages in
Strasbourg, considering that the preservation and development of
Europe's cultural traditions and wealth depended on the protection
of its regional or minority languages.
This unique convention, which entered into force in 1998,
brings together 25 states parties and applies to about 80 regional
or minority languages. It promotes their active use in education,
justice, administration, media, culture, economic and social life
and cross-border co-operation.
Over its thirty-year existence, it has become a major reference
point in this field. The recommendations adopted by the Committee
of Ministers and the Committee of Experts have provided guidance
to the states parties in the implementation of the Charter's provisions.
The observations made by the Committee of Experts during its
field visits to the states parties and the important contacts it
maintains with all stakeholders enable it to be as close as possible
to the concerns and expectations of speakers and local, regional
and national authorities.
As a result, some languages that were threatened with extinction
only a few years ago have been successfully revitalised. They are
now an integral part of the lives of local communities and of the
cultural, economic and social fabric of the territories where they
are spoken. Other languages have seen their protection increased over
time through the acceptance of more provisions, but also through
the adoption of more ambitious laws at national level.
The Charter system, as a living instrument, also continues
to evolve and reform. The decisions taken in the wake of the High-Level
Conference held in Strasbourg in June 2018 on the occasion of the
20th anniversary of the entry into force of the Charter have led
to significant improvements in the monitoring mechanism.
The Committee of Experts also takes into account new issues
in its assessment, such as the development of artificial intelligence,
new technologies and social media, which have a direct impact on
the protection and promotion of regional or minority languages.
However, these successes should not conceal the fact that
many challenges remain. The Covid-19 pandemic and the politicisation
of language issues in too many European states remind us that the
progress made is not irreversible and requires constant vigilance.
Moreover, the participation of all Council of Europe member
states remains necessary to ensure that regional and minority languages
continue to be safeguarded, protected and promoted within our “common
home”. Twenty-one states have still not ratified the Charter, even
though some of them undertook to do so when they joined the Council
of Europe. These states, whether or not they are already signatories,
should be invited to identify the measures which prevent them from
initiating or completing the ratification process. As for member states
that have ratified the Charter, they should be invited to regularly
review their level of commitment and to ensure the full implementation
of their undertakings.
For thirty years, the Charter has played a decisive role in
safeguarding our linguistic heritage and promoting and developing
multilingualism. By contributing to the formation of new generations
of multilingual Europeans, it promotes closer union between peoples,
embodying the principles and objectives of the Council of Europe.
Appendix 4 – Statement
by the Committee of Experts of the European Charter for Regional
or Minority Languages on the Russian Federation’s aggression against
Ukraine
15 June 2022, Strasbourg
The Committee of Experts of the European Charter for Regional
or Minority Languages condemns in the strongest possible terms the
aggression of the Russian Federation against Ukraine. It expresses
its deep concern and its solidarity with all people of Ukraine.
The Committee of Experts finds it unacceptable that the Russian
Federation continues to use the situation of Russian as a minority
language in Ukraine as a pretext for aggression.
The Committee of Experts recalls that, in accordance with
Article 5 of the Charter, nothing in it “may be interpreted as implying
any right to engage in any activity or perform any action in contravention
of the purposes of the Charter of the United Nations or other obligations
under international law, including the principle of the sovereignty
and territorial integrity of States.” As a signatory to the Charter,
the Russian Federation remains under the obligation not to defeat
the object and purpose of the treaty, as provided for by the Vienna
Convention on the Law of Treaties.
In the context of the ongoing 4th monitoring cycle in respect
of Ukraine, the Committee of Experts conducted an on-the-spot visit
in July 2021. The Committee could notice the efforts of the Ukrainian
authorities, but as well areas where measures were needed in order
to provide adequate protection to all minority languages in the
country. The Committee stands ready to continue its support to the
Ukrainian authorities in implementing the Charter and reiterates
that the Council of Europe is the appropriate forum to address by
dialogue and co-operation any issues related to the protection and
promotion of minority languages.
Appendix 5 – Statement
of the Committee of Experts of the European Charter for Regional
or Minority Languages on the promotion of regional or minority languages
through artificial intelligence
16 March 2022, Strasbourg
Since the drafting of the European Charter for Regional or
Minority Languages in the 1980s, different new technologies have
improved the conditions for its implementation by the States Parties.
The Committee of Experts has already examined how new social media
help to increase the media offer in regional or minority languagesNote.
The rise of AI marks a new era of technology which can also
facilitate the everyday use and promotion of regional or minority
languages and hence support states parties in implementing the Charter
provisions which they have ratified. The Council of Europe is currently
preparing a legal framework on AI, based on the Council of Europe’s
standards on human rights, democracy and the rule of law.
The Committee of Experts welcomes the development of AI applications
using regional or minority languages. This requires the gathering
of natural language data, which is of particular importance for
the documentation of less-widely used languages. It needs to be
borne in mind that AI constitutes an addition to the learning and use
of regional or minority languages. Particular attention must be
paid to developing and/or including appropriate administrative and
legal terminology in each regional or minority language. Once developed,
AI applications facilitate the daily use of regional or minority
languages, disseminate such languages to larger audiences, raise
their visibility and prestige, and encourage more people to learn,
use and transmit them to the next generations.
With the help of AI applications, authorities can fairly quickly
make available an offer for users of regional or minority languages,
including in less-widely used languages. The use of AI therefore
supports authorities in taking “resolute action to promote regional
or minority languages in order to safeguard them”, which is one
of the central objectives and principles of the Charter.
Having taken note of the study “Facilitating the Implementation
of the European Charter for Regional or Minority Languages through
Artificial Intelligence”,Note the
Committee of Experts encourages states:
- to include the promotion of the use of regional or minority
languages in their policies, legislation and practice on digitalisation,
- to promote the inclusion of regional or minority languages
into research and study on AI with a view to supporting the development
of applications facilitating their use in public and private life,
- to develop, in co-operation with the users of regional
or minority languages and the private sector, a structured approach
to the use of AI applications in the different fields covered by
the Charter.
