Strasbourg, 20 September 2001 ECRML (2001)3
European Charter for Regional or Minority Languages
APPLICATION OF THE CHARTER IN FINLAND
B. Recommendation of the Committee of Ministers of the Council of Europe on the application of the Charter by Finland
CONTENTS
Chapter I: Background information ………………… Chapter 2: The Committee’s evaluation in respect of Part II and Part III of the Charter ……….. Chapter 3: Findings of the Committee ………………. Appendix I: Instrument of acceptance ……………….. Appendix II: Comments of the Finnish authorities …...
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Strasbourg, 20 September 2001 ECRML (2001) 3
European Charter for Regional or Minority Languages
A. Report of the Committee of Experts on the application of the Charter
presented to the Committee of Ministers of the Council of Europe
in accordance with Article 16 of the Charter
FINLAND
CONTENTS
Chapter 1 Background information
1.1. The work of the Committee of Experts
1.2. Presentation of the regional or minority language situation in Finland
1.3. Particular issues arising in the evaluation of the application of the Charter in Finland
Chapter 2 The Committee’s evaluation in respect of Part II and Part III of the Charter
2.1. The evaluation in respect of Part II of the Charter
2.2. The evaluation in respect of Part III of the Charter
2.2.1. The Swedish language
2.2.2. The Sami language
Chapter 3 Findings
Appendix I Instrument of Acceptance
Appendix II Comments of the Finnish authorities
Chapter 1. Background information
1.1. Work of the Committee of Experts
1.2. Presentation of the regional or minority language situation in Finland
1.3. Particular issues arising in the evaluation of the application of the Charter in Finland
Chapter 2. The Committee’s evaluation in respect of Part II and Part III of the Charter
2.1. The evaluation in respect of Part II of the Charter
Article 7 - Objectives and principles
" In respect of regional or minority languages, within the territories in which such languages are used and according to the situation of each language, the Parties shall base their policies, legislation and practice on the following objectives and principles:
"a. the recognition of the regional or minority languages as an expression of cultural wealth;"
"b. the respect of the geographical area of each regional or minority language in order to ensure that existing or new administrative divisions do not constitute an obstacle to the promotion of the regional or minority language in question;"
"c. the need for resolute action to promote regional or minority languages in order to safeguard them;"
"d. the facilitation and/or encouragement of the use of regional or minority languages, in speech and writing, in public and private life;"
"e. the maintenance and development of links, in the fields covered by this Charter, between groups using a regional or minority language and other groups in the State employing a language used in identical or similar form, as well as the establishment of cultural relations with other groups in the State using different language;"
"f. the provision of appropriate forms and means for the teaching and study of regional or minority languages at all appropriate stages;"
Romany Language
Yiddish
Tatar language
Russian Language
The Committee encourages the Finnish Government to explore further possibilities of resolute action to promote the use of the Russian language, in particular by subsidising Russian day-care centres and increasing the possibilities for instruction in Russian in areas where there is a greater concentration of Russian-speakers.
"g. the provision of facilities enabling non-speakers of a regional or minority language living in the area where it is used to learn it if they so desire;"
"h. the promotion of study and research on regional or minority languages at universities or equivalent institutions;"
"i. the promotion of appropriate types of transnational exchanges, in the fields covered by this Charter, for regional or minority languages used in identical or similar form in two or more States."
"Paragraph 2
The Parties undertake to eliminate, if they have not yet done so, any unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger the maintenance or development of it. The adoption of special measures in favour of regional or minority languages aimed at promoting equality between the users of these languages and the rest of the population or which take due account of their specific conditions is not considered to be an act of discrimination against the users of more widely-used languages."
"Paragraph 3
The Parties undertake to promote, by appropriate measures, mutual understanding between all the linguistic groups of the country and in particular the inclusion of respect, understanding and tolerance in relation to regional or minority languages among the objectives of education and training provided within their countries and encouragement of the mass media to pursue the same objective."
"Paragraph 4
In determining their policy with regard to regional or minority languages, the Parties shall take into consideration the needs and wishes expressed by the groups which use such languages. They are encouraged to establish bodies, if necessary, for the purpose of advising the authorities on all matters pertaining to regional or minority languages."
"Paragraph 5
The Parties undertake to apply, mutatis mutandis, the principles listed in paragraphs 1 to 4 above to non-territorial languages. However, as far as these languages are concerned, the nature and scope of the measures to be taken to give effect to this Charter shall be determined in a flexible manner, bearing in mind the needs and wishes, and respecting the traditions and characteristics, of the groups which use the languages concerned."
2.2. The evaluation in respect of Part III of the Charter
2.2.1. The Swedish language
Article 8 - Education
"Paragraph 1
With regard to education, the Parties undertake, within the territory in which such languages are used, according to the situation of each of these languages, and without prejudice to the teaching of the official language(s) of the State:
Pre-school Education
"a. i . to make available pre-school education in the relevant regional or minority languages;"
Primary Education
"b. .i to make available primary education in the relevant regional or minority languages;"
Secondary education
"c. i. to make available secondary education in the relevant regional or minority languages;"
Technical and vocational education
"d. i. to make available technical and vocational education in the relevant regional or minority languages;"
University and higher education
"e. i. to make available university and other higher education in regional or minority languages;"
Adult and continuing education
"f.i. to arrange for the provision of adult and continuing education courses which are taught mainly or wholly in the regional or minority languages;"
Teaching of history and culture
"g . to make arrangements to ensure the teaching of the history and the culture which is reflected by the regional or minority language;"
Basic and further education of teachers
"h. to provide the basic and further training of the teachers required to implement those of paragraphs a to g accepted by the Party;"
Monitoring
"i. to set up a supervisory body or bodies responsible for monitoring the measures taken and progress achieved in establishing or developing the teaching of regional or minority languages and for drawing up periodic reports of their findings, which will be made public."
The Committee suggests to the Government to encourage the drawing up of periodic reports and make them available to the public.
"Paragraph 2
With regard to education and in respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage or provide teaching in or of the regional or minority language at all the appropriate stages of education."
Article 9 - Judicial authorities
"Paragraph 1
The Parties undertake, in respect of those judicial districts in which the number of residents using the regional or minority languages justifies the measures specified below, according to the situation of each of these languages and on condition that the use of the facilities afforded by the present paragraph is not considered by the judge to hamper the proper administration of justice:
In criminal proceedings:
"a.i. to provide that the courts, at the request of one of the parties, shall conduct the proceedings in the regional or minority languages;"
"a. ii. to guarantee the accused the right to use his/her regional or minority language; if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;"
"a. iii. to provide that requests and evidence, whether written or oral, shall not be considered inadmissible solely because they are formulated in a regional or minority language" - if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;"
"a. iv. to produce, on request, documents connected with legal proceedings in the relevant regional or minority language" - if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;"
in civil proceedings:
"b.i. to provide that the courts, at the request of one of the parties, shall conduct the proceedings in the regional or minority languages;"
"b.ii. to allow, whenever a litigant has to appear in person before a court, that he or she may use his or her regional or minority language without thereby incurring additional expense;" - if necessary by the use of interpreters and translations;"
in proceedings before courts concerning administrative matters:
"c.i. to provide that the courts, at the request of one of the parties, shall conduct the proceedings in the regional or minority languages;"
"c. ii. to allow, whenever a litigant has to appear in person before a court, that he or she may use his or her regional or minority language without thereby incurring additional expense;"
"c. iii. to allow documents and evidence to be produced in the regional or minority languages," - if necessary by the use of interpreters and translations;"
"d. to take steps to ensure that the application of sub-paragraphs i and iii of paragraphs b and c above and any necessary use of interpreters and translations does not involve extra expense for the persons concerned."
"Paragraph 2
"The Parties undertake:
not to deny the validity of legal documents drawn up within the State solely because they are drafted in a regional or minority language;"
"Paragraph 3
"The Parties undertake to make available in the regional or minority languages the most important national statutory texts and those relating particularly to users of these languages, unless they are otherwise provided."
93. All national statutory texts are translated into Swedish. This undertaking is considered fulfilled.
Article 10 - Administrative authorities and public services
"Paragraph 1
"Within the administrative districts of the State in which the number of residents who are users of regional or minority languages justifies the measures specified below and according to the situation of each language, the Parties undertake, as far as this is reasonably possible:
"a. i. to ensure that the administrative authorities use the regional or minority languages;"
94. The use of Swedish by administrative authorities depends on the official language(s) of the district. Administrative authorities are obliged to use Swedish in Swedish-speaking or bilingual municipalities. Before a State authority, a Swedish speaker can always use Swedish in a case that concerns him or her. The problems that arise are connected with the practical and real language skills of the public officials and other employees, which could be improved. The Committee concludes that this obligation is formally fulfilled, but in practice its implementation is not fully satisfactory.
"b. to make available widely used administrative texts and forms for the population in the regional or minority languages or in bilingual versions;"
"c. to allow the administrative authorities to draft documents in a regional or minority language."
"Paragraph 2
In respect of the local and regional authorities on whose territory the number of residents who are users of regional or minority languages is such as to justify the measures specified below, the Parties undertake to allow and/or encourage:
"a. the use of regional or minority languages within the framework of the regional or local authority;"
97. The use of Swedish is guaranteed in Swedish and bilingual local authorities. The Committee considers this undertaking fulfilled.
"b. the possibility for users of regional or minority languages to submit oral or written applications in these languages;"
98. In Swedish-speaking and bilingual municipalities, a citizen may submit an oral or written application in the Swedish language. The Committee considers this undertaking fulfilled.
"c. the publication by regional authorities of their official documents also in the relevant regional or minority languages;"
99. The regional authorities use Swedish as a rule when dealing with Swedish municipalities. The Committee considers this undertaking fulfilled.
"d. the publication by local authorities of their official documents also in the relevant regional or minority languages;"
100. Official notifications (including road and street signs) in unilingual municipalities are given in Swedish or Finnish and in bilingual municipalities in both official languages. The Committee considers this undertaking fulfilled.
"e. the use by regional authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;"
101. The administrative division in Finland does not include elected regional authorities. Therefore, this undertaking seems redundant.
"f. the use by local authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;"
102. The use of Swedish, being the second national language, is guaranteed in Swedish and bilingual local authorities. The Committee considers this undertaking fulfilled.
"g. the use or adoption, if necessary in conjunction with the name in the official language(s), of traditional and correct forms of place-names in regional or minority languages."
"Paragraph 3
With regard to public services provided by the administrative authorities or other persons acting on their behalf, the Parties undertake, within the territory in which regional or minority languages are used, in accordance with the situation of each language and as far as this is reasonably possible:
"a. to ensure that the regional or minority languages are used in the provision of the service";
"Paragraph 4
"With a view to putting into effect those provisions of paragraphs 1, 2 and 3 accepted by them, the Parties undertake to take one or more of the following measures:
"a. translation or interpretation as may be required;"
"b. recruitment and, where necessary, training of the officials and other public service employees required;"
"Paragraph 5
The Parties undertake to allow the use or adoption of family names in the regional or minority languages, at the request of those concerned."
Article 11 - Media
"Paragraph 1
The Parties undertake, for the users of the regional or minority languages within the territories in which those languages are spoken, according to the situation of each language, to the extent that the public authorities, directly or indirectly, are competent, have power or play a role in this field, and respecting the principle of the independence and autonomy of the media:
to the extent that radio and television carry out a public service mission:
"a. iii. to make adequate provision so that broadcasters offer programmes in the rtegional or minority languages;"
"b. i. to encourage and/or facilitate the creation of at least one radio station in the regional or minority languages;"
"c. ii. to encourage and/or facilitate the broadcasting of television programmes in the regional or minority languages on a regular basis;"
"d. to encourage and/or facilitate the production and distribution of audio and audiovisual works in the regional or minority languages;"
"e. i. to encourage and/or facilitate the creation and/or maintenance of at least one newspaper in the regional or minority languages;"
"f. ii. to apply existing measures for financial assistance also to audiovisual productions in the regional or minority languages;"
"Paragraph 2
The Parties undertake to guarantee freedom of direct reception of radio and television broadcasts from neighbouring countries in a language used in identical or similar form to a regional or minority language, and not to oppose the retransmission of radio and television broadcasts from neighbouring countries in such a language. They further undertake to ensure that no restrictions will be placed on the freedom of expression and free circulation of information in the written press in a language used in identical or similar form to a regional or minority language. The exercise of the above-mentioned freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
"Paragraph 3
The Parties undertake to ensure that the interests of the users of regional or minority languages are represented or taken into account within such bodies as may be established in accordance with the law with responsibility for guaranteeing the freedom and pluralism of the media."
Article 12 - Cultural activities and facilities
"Paragraph 1
With regard to cultural activities and facilities - especially libraries, video libraries, cultural centres, museums, archives, academies, theatres and cinemas, as well as literary work and film production, vernacular forms of cultural expression, festivals and the culture industries, including inter alia the use of new technologies - the Parties undertake, within the territory in which such languages are used and to the extent that the public authorities are competent, have power or play a role in this field:
a. to encourage types of expression and initiative specific to regional or minority languages and foster the different means of access to works produced in these languages;"
"b. to foster the different means of access in other languages to works produced in regional or minority languages by aiding and developing translation, dubbing, post-synchronisation and subtitling activities;"
"c. to foster access in regional or minority languages to works produced in other languages by aiding and developing translation, dubbing, post-synchronisation and subtitling activities;"
"d. to ensure that the bodies responsible for organising or supporting cultural activities of various kinds make appropriate allowance for incorporating the knowledge and use of regional or minority languages and cultures in the undertakings which they initiate or for which they provide backing;"
"e. to promote measures to ensure that the bodies responsible for organising or supporting cultural activities have at their disposal staff who have a full command of the regional or minority language concerned, as well as of the language(s) of the rest of the population;"
"f. to encourage direct participation by representatives of the users of a given regional or minority language in providing facilities and planning cultural activities;"
"g. to encourage and/or facilitate the creation of a body or bodies responsible for collecting, keeping a copy of and presenting or publishing works produced in the regional or minority languages;"
"h. if necessary, to create and/or promote and finance translation and terminological research services, particularly with a view to maintaining and developing appropriate administrative, commercial, economic, social, technical or legal terminology in each regional or minority language."
"Paragraph 2
In respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage and/or provide appropriate cultural activities and facilities in accordance with the preceding paragraph."
"Paragraph 3
The Parties undertake to make appropriate provision, in pursuing their cultural policy abroad, for regional or minority languages and the cultures they reflect."
Article 13 - Economic and social life
"Paragraph 1
With regard to economic and social activities, the Parties undertake, within the whole country:
"a. to eliminate from their legislation any provision prohibiting or limiting without justifiable reasons the use of regional or minority languages in documents relating to economic or social life, particularly contracts of employment, and in technical documents such as instructions for the use of products or installations;"
"c. to oppose practices designed to discourage the use of regional or minority languages in connection with economic or social activities;"
"d. to facilitate and/or encourage the use of regional or minority languages by means other than those specified in the above sub-paragraphs."
125. The Committee received no information on any additional measures undertaken by the Finnish authorities.
"Paragraph 2
With regard to economic and social activities, the Parties undertake, in so far as the public authorities are competent, within the territory in which the regional or minority languages are used, and as far as this is reasonably possible:"
"a. to include in their financial and banking regulations provisions which allow, by means of procedures compatible with commercial practice, the use of regional or minority languages in drawing up payment orders (cheques, drafts, etc.) or other financial documents, or, where appropriate, to ensure the implementation of such provisions;"
126. According to the financial and banking regulations, Swedish can be used for drafting financial documents, if so agreed. This undertaking is fulfilled.
"b. in the economic and social sectors directly under their control (public sector), to organise activities to promote the use of regional or minority languages;"
"c. to ensure that social care facilities such as hospitals, retirement homes and hostels offer the possibility of receiving and treating in their own language persons using a regional or minority language who are in need of care on grounds of ill-health, old age or for other reasons;"
"d. to ensure by appropriate means that safety instructions are also drawn up in regional or minority languages;"
"e. to arrange for information provided by the competent public authorities concerning the rights of consumers to be made available in regional or minority languages."
Article 14 - Transfrontier exchanges
The Parties undertake:
"a. to apply existing bilateral and multilateral agreements which bind them with the States in which the same language is used in identical or similar form, or if necessary to seek to conclude such agreements, in such a way as to foster contacts between the users of the same language in the States concerned in the fields of culture, education, information, vocational training and permanent education;"
"b. for the benefit of regional or minority languages, to facilitate and/or promote co-operation across borders, in particular between regional or local authorities in whose territory the same language is used in identical or similar form."
2.2.2. The Sami language
Article 8 - Education
"Paragraph 1
With regard to education, the Parties undertake, within the territory in which such languages are used, according to the situation of each of these languages, and without prejudice to the teaching of the official language(s) of the State:
Pre-school education
"a. i. to make available pre-school education in the relevant regional or minority languages;"
Primary education
"b.i. to make available primary education in the relevant regional or minority languages;"
Secondary education
"c. i. to make available secondary education in the relevant regional or minority languages;"
Technical and vocational education
"d. ii. to make available a substantial part of technical and vocational education in the relevant regional or minority languages;"
University and higher education
"e. ii. to provide facilities for the study of these languages as university and higher education subjects;"
Adult and continuing education
"f. ii. to offer such languages as subjects of adult and continuing education;"
Teaching of the history and the culture
"g. to make arrangements to ensure the teaching of the history and the culture which is reflected by the regional or minority language;"
Basic and further training of teachers
"h. to provide the basic and further training of the teachers required to implement those of paragraphs a to g accepted by the Party;"
Monitoring
"i. to set up a supervisory body or bodies responsible for monitoring the measures taken and progress achieved in establishing or developing the teaching of regional or minority languages and for drawing up periodic reports of their findings, which will be made public."
"Paragraph 2
With regard to education and in respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage or provide teaching in or of the regional or minority language at all the appropriate stages of education."
Article 9 - Judicial authorities
"Paragraph 1
The Parties undertake, in respect of those judicial districts in which the number of residents using the regional or minority languages justifies the measures specified below, according to the situation of each of these languages and on condition that the use of the facilities afforded by the present paragraph is not considered by the judge to hamper the proper administration of justice:
In criminal proceedings:
"a. ii. to guarantee the accused the right to use his/her regional or minority language; and/or if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;"
"a.iii. to provide that requests and evidence, whether written or oral, shall not be considered inadmissible solely because they are formulated in a regional or minority language; and/or if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;".
"a. iv. to produce, on request, documents connected with legal proceedings in the relevant regional or minority language,"
In civil proceedings:
"b. ii. to allow, whenever a litigant has to appear in person before a court, that he or she may use his or her regional or minority language without thereby incurring additional expense; and/or if necessary by the use of interpreters and translations;"
149. The same rules of the Act on the Use of the Sami Language before Authorities apply to civil proceedings. The Committee considers, as for criminal proceedings, that this undertaking is only formally fulfilled since there exist serious problems in its implementation.
"b.iii. to allow documents and evidence to be produced in the regional or minority languages, and/or or if necessary by the use of interpreters and translations."
150. Documents and evidence are admissible in Sami. The Committee considers this undertaking fulfilled.
In proceedings before courts concerning administrative matters:
"c.ii.o allow, whenever a litigant has to appear in person before a court, that he or she may use his or her regional or minority language without thereby incurring additional expense; and/or or if necessary by the use of interpreters and translations involving no extra expense for the persons concerned;."
151. The same rules of the Act on the Use of the Sami Language before Authorities apply to proceedings before courts concerning administrative matters, since the Sami Homeland is covered by the jurisdiction of the administrative court, too. Nevertheless, the same problems in implementation also arise. The Committee considers this undertaking partly fulfilled.
"c.iii. o allow documents and evidence to be produced in the regional or minority languages, if necessary by the use of interpreters and translations;"
152. Documents and evidence are admissible in Sami. The Committee considers this undertaking fulfilled.
"d. to take steps to ensure that the application of sub-paragraphs i and iii of paragraphs b and c above and any necessary use of interpreters and translations does not involve extra expense for the persons concerned."
153. Since judges or officials do not speak Sami, the Act on the Use of the Sami Language before Authorities is usually implemented by using interpretations and translations, without, however, entailing any extra expense for the Sami speaker. The Committee considers this undertaking fulfilled.
"Paragraph 2
The Parties undertake:
"a.not to deny the validity of legal documents drawn up within the State solely because they are drafted in a regional or minority language;"
154. In accordance with the Act on the Use of the Sami Language the authorities do not deny the validity of documents drafted in Sami. However, if Sami is used before an authority outside the scope of the Act, the authority shall obtain a valid translation at the expense of the submitting party. The Committee considers this undertaking fulfilled.
"Paragraph 3
The Parties undertake to make available in the regional or minority languages the most important national statutory texts and those relating particularly to users of these languages, unless they are otherwise provided."
155. The main national statutory texts are available in Sami. Most national statutory texts of especial interest or related to the Sami people (on reindeering, forestry, fishing, etc.), are translated into North Sami and published. Although there are very few translations in Inari and Skolt Sami, this undertaking seems to be fulfilled.
Article 10 - Administrative authorities and public services
"Paragraph 1
Within the administrative districts of the State in which the number of residents who are users of regional or minority languages justifies the measures specified below and according to the situation of each language, the Parties undertake, as far as this is reasonably possible:"
"a.iii. to ensure that users of regional or minority languages may submit oral or written applications and receive a reply in these languages;"
156. The Act on the Use of the Sami Language before Authorities applies to State administrative authorities which handle appeals brought in matters that have been initiated before the authorities covered by the same Act as well as other State authorities in the administrative districts which cover all or part of the Sami Homeland. The Committee considers this undertaking fulfilled.
"b. to make available widely used administrative texts and forms for the population in the regional or minority languages or in bilingual versions;"
157. Widely used administrative texts and forms are made available in North Sami or in bilingual versions. However, because of the poor command of the written Sami language, most people fill them in Finnish. The Committee considers this undertaking fulfilled for North Sami.
"c. to allow the administrative authorities to draft documents in a regional or minority language."
158. The Act on the Use of the Sami Language allows the authorities in the Sami Homeland to draft documents in Sami. Public notifications, announcements and proclamations or other documents are written in Sami. The Committee considers this undertaking fulfilled.
"Paragraph 2
In respect of the local and regional authorities on whose territory the number of residents who are users of regional or minority languages is such as to justify the measures specified below, the Parties undertake to allow and/or encourage:
"a. the use of regional or minority languages within the framework of the regional or local authority;"
159. The Act on the Use of the Sami Language before Authorities applies also to regional and local authorities in the administrative districts that cover all or part of the Sami Homeland as well as to the municipal authorities in the four municipalities of the Sami Homeland. It also applies to the Lapland Union, a consortium of municipalities. A member of a municipal or joint municipal council, executive council or other corresponding body has the right to use the Sami language. The Committee considers this undertaking fulfilled.
"b. the possibility for users of regional or minority languages to submit oral or written applications in these languages;"
160. The users of Sami may submit their applications in Sami in the Sami Homeland. The Committee considers this undertaking fulfilled.
"c. the publication by regional authorities of their official documents also in the relevant regional or minority languages;"
161. According to the Act on the use of the Sami Language before the authorities, the County of Lapland is obliged to use Sami when addressing Sami matters. The Committee considers this undertaking fulfilled.
"d. the publication by local authorities of their official documents also in the relevant regional or minority languages;"
162. The official documents are published in Sami by some local authorities. The Committee concludes that this undertaking seems to be fulfilled.
"e. the use by regional authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;"
163. According to the Finnish administrative division, there are no regional elected bodies or assemblies. Therefore, this undertaking does not apply.
"f. the use by local authorities of regional or minority languages in debates in their assemblies, without excluding, however, the use of the official language(s) of the State;"
164. Sami can be used in debates in local assemblies. However, this is rarely done in practice, since interpretation is not always available and the speakers would allegedly be stigmatised. Although the use of Sami in local assemblies is, according to the information received, within the competence of the local authorities, the Committee considers that the Finnish national authorities are still obliged to encourage the use of Sami in the concerned assemblies. The Committee has not received information on the existence of any measures of encouragement in that respect and must therefore conclude that this undertaking seems not to be fulfilled.
"g. the use or adoption, if necessary in conjunction with the name in the official language(s), of traditional and correct forms of place-names in regional or minority languages."
165. The place names in the Sami Homeland are available in North Sami and, sometimes, in Skolt and Inari Sami. The Committee considers this undertaking fulfilled.
"Paragraph 3
With regard to public services provided by the administrative authorities or other persons acting on their behalf, the Parties undertake, within the territory in which regional or minority languages are used, in accordance with the situation of each language and as far as this is reasonably possible:
"b. to allow users of regional or minority languages to submit a request and receive a reply in these languages; or"
166. In providing the public services the administrative authorities have a legal obligation to use the Sami language. However, the report states that this is not always done in a satisfactory manner, since the personnel does not speak Sami. The Committee considers this undertaking formally fulfilled but is aware of the need for measures enabling this right to be operational.
"Paragraph 4
With a view to putting into effect those provisions of paragraphs 1, 2 and 3 accepted by them, the Parties undertake to take one or more of the following measures:
"a. translation or interpretation as may be required;
167. According to the State report, the language rights of the Sami speakers are mainly implemented by means of interpretation and translation. In practice, however, interpretation is not always available in meetings of municipal authorities and bodies. The Committee considers this undertaking partially fulfilled but observes a need to make its implementation operational.
"b. recruitment and, where necessary, training of the officials and other public service employees required;"
168. The number of people who would be qualified to work in the public service and who would have sufficient command of Sami is very low. Therefore, in practice, there is generally no language requirement in the recruitment of the civil servants. However, under law, a civil servant may obtain paid leave to study Sami and get a raise in his/her salary if he/she proves a command of Sami. This right seems to be restricted to the State officials.
169. The Committee acknowledges the efforts made in the field of training, but they will prove their effectiveness only in the medium term. Further initiatives should be taken to secure the necessary language skills of public servants. These initiatives could be a part of those taken to diminish the unemployment rate among Sami.
170. The Committee considers that this undertaking seems to be fulfilled as regards state officials, but not in respect of other public officials.
"Paragraph 5
The Parties undertake to allow the use or adoption of family names in the regional or minority languages, at the request of those concerned."
171. The use or adoption of family names in Sami is in no way prevented or impeded. The Committee considers this undertaking fulfilled.
Article 11 - Media
"Paragraph 1
The Parties undertake, for the users of the regional or minority languages within the territories in which those languages are spoken, according to the situation of each language, to the extent that the public authorities, directly or indirectly, are competent, have power or play a role in this field, and respecting the principle of the independence and autonomy of the media:
to the extent that radio and television carry out a public service mission:
"a.iii. to make adequate provision so that broadcasters offer programmes in the regional or minority languages;"
172. The freedom to use Sami is covered by the general clause of the Constitution Act on freedom of expression and by the relevant provisions of the Act on the Freedom of the Press. In addition, the Act on the Finnish Broadcasting Company obliges the company to produce services in the Sami language as a part of its minority language service. The Committee concludes that this undertaking is fulfilled.
"b.i. to encourage and/or facilitate the creation of at least one radio station in the regional or minority languages;"
173. In Northern Finland, there is a Sami language radio station. Almost 90% of its programmes are in North Sami, but some programs are in Skolt and Inari Sami. Sami Radio broadcasts 8 hours a day five days a week. However, it is faced with a lack of human resources. The radio will soon be able to have digital technology. Today internet services exist in the three Sami languages, in Finnish and in English. They supplement radio services outside of the coverage area of Sami Radio. The Committee concludes that this undertaking is fulfilled
"c.ii. to encourage and/or facilitate the broadcasting of television programmes in the regional or minority languages on a regular basis;"
174. There is no TV programme in Sami on a regular basis. However, there are occasionally some programmes in Sami on national TV. There is a Sami language teletext service which provides daily news and service pages. However, the users complain of the very high fees for decoders. The Committee concludes that this undertaking is not fulfilled as, according to the information received, programmes in Sami are not broadcast on a regular basis.
"d. to encourage and/or facilitate the production and distribution of audio and audiovisual works in the regional or minority languages;"
175. According to the information gathered, the government finances the audio-visual productions in the form of production aid. The Committee concludes that this undertaking is fulfilled.
"e.i. to encourage and/or facilitate the creation and/or maintenance of at least one newspaper in the regional or minority languages;"
176. There are no newspapers in Sami printed in Finland. Subscription to Norwegian newspapers in North Sami is possible. The Committee concludes that this undertaking is not fulfilled.
f. ii. to apply existing measures for financial assistance also to audiovisual productions in the regional or minority languages;"
177. The grants for production and distribution of audio and audio-visual works in Sami apply the same criteria as for Finnish language productions. The government claims that, if necessary, the strategy of positive discrimination is applied. The Committee concludes that this undertaking is fulfilled.
"Paragraph 2
The Parties undertake to guarantee freedom of direct reception of radio and television broadcasts from neighbouring countries in a language used in identical or similar form to a regional or minority language, and not to oppose the retransmission of radio and television broadcasts from neighbouring countries in such a language. They further undertake to ensure that no restrictions will be placed on the freedom of expression and free circulation of information in the written press in a language used in identical or similar form to a regional or minority language. The exercise of the above-mentioned freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
178. Norwegian and Swedish radio stations collaborate with the Sami Radio, though no specific legislation exists on transfrontier transmissions. However, TV programmes from Norway or Sweden cannot be received and are very rarely transmitted. The Committee considers that Finland has fulfilled this undertaking but would encourage the government to look into the possibilities of retransmitting the programmes of neighbouring countries in order to improve reception of programmes in Sami.
"Paragraph 3
The Parties undertake to ensure that the interests of the users of regional or minority languages are represented or taken into account within such bodies as may be established in accordance with the law with responsibility for guaranteeing the freedom and pluralism of the media."
179. The Board of Directors of the Finnish Broadcasting Company is a parliamentary body supervising the programme objectives and projects and their support. There is, at present, no Sami-speaking member of this body. However, the director of Sami Radio is a native Sami speaker. The Committee has received no information as to how the interests of the Sami are taken into account. Therefore, the Committee is not in a position to judge whether this undertaking is fulfilled or not.
Article 12 - Cultural activities and facilities
"Paragraph 1
With regard to cultural activities and facilities - especially libraries, video libraries, cultural centres, museums, archives, academies, theatres and cinemas, as well as literary work and film production, vernacular forms of cultural expression, festivals and the culture industries, including inter alia the use of new technologies - the Parties undertake, within the territory in which such languages are used and to the extent that the public authorities are competent, have power or play a role in this field:
"a. to encourage types of expression and initiative specific to regional or minority languages and foster the different means of access to works produced in these languages;"
180. The Constitution Act of Finland guarantees the right of the Sami people "to maintain and develop their own languages and cultures". Funding of the activities is secured from the fund for the promotion of cultural activities and publications of groups representing minority cultures for preserving their own cultures and identities. In addition, a separate appropriation is granted annually in the national budget, for the promotion of the Sami culture and the activities of Sami organisations. In 1998, it amounted to FIM 1.000.000. Also, the 1998 Library Act states that "the needs of both the Sami and Finnish-speaking population have to be met on an equal basis in the municipalities of the Sami Homeland". The Committee considers this undertaking fulfilled.
"b. to foster the different means of access in other languages to works produced in regional or minority languages by aiding and developing translation, dubbing, post-synchronisation and subtitling activities;"
181. The subsidised activities include translations of written works, publications of books, films and music presentations and other cultural events. The Committee considers this undertaking fulfilled.
"c. "to foster access in regional or minority languages to works produced in other languages by aiding and developing translation, dubbing, post-synchronisation and subtitling activities;"
182. On the basis of information obtained, the Committee concludes that access is made available also to works in other languages. The Committee considers this undertaking fulfilled.
"d. to ensure that the bodies responsible for organising or supporting cultural activities of various kinds make appropriate allowance for incorporating the knowledge and use of regional or minority languages and cultures in the undertakings which they initiate or for which they provide backing;"
183. On the basis of information obtained the Committee considers this undertaking fulfilled.
"e. to promote measures to ensure that the bodies responsible for organising or supporting cultural activities have at their disposal staff who have a full command of the regional or minority language concerned, as well as of the language(s) of the rest of the population;"
184. The Committee received no specific information on this undertaking other than the general policy statement summarized under sub-paragraph a.
"f. to encourage direct participation by representatives of the users of a given regional or minority language in providing facilities and planning cultural activities;"
185. The body responsible for proposing the allocations of the budget is the Sami Parliament. The Committee considers this undertaking fulfilled.
"g. to encourage and/or facilitate the creation of a body or bodies responsible for collecting, keeping a copy of and presenting or publishing works produced in the regional or minority languages;"
186. The Helsinki University library and the Provincial Library of Lapland in Rovaniemi specialise in collecting printed works published in Sami. The Committee received no information with regard to audio or audiovisual and other works. Therefore, the Committee considers this undertaking fulfilled as regards written materials. The Committee cannot judge whether this undertaking is fulfilled in respect of other works.
"h. if necessary, to create and/or promote and finance translation and terminological research services, particularly with a view to maintaining and developing appropriate administrative, commercial, economic, social, technical or legal terminology in each regional or minority language."
187. The Research Institute for the Languages in Finland was established with the aim of promoting and developing languages used in Finland including the Sami languages. The Committee considers this undertaking fulfilled.
"Paragraph 2
In respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage and/or provide appropriate cultural activities and facilities in accordance with the preceding paragraph".
188. The Sami Parliament is autonomous in deciding about the cultural activities outside the Sami Homeland. Their cultural activities cover the entire Finnish territory. The Committee considers this undertaking fulfilled.
"Paragraph 3
The Parties undertake to make appropriate provision, in pursuing their cultural policy abroad, for regional or minority languages and the cultures they reflect."
189. The Finnish cultural centres abroad also comprise Sami art and culture. The Sami Parliament provides the necessary assistance. The Committee considers this undertaking fulfilled.
Article 13 - Economic and social life
"Paragraph 1
With regard to economic and social activities, the Parties undertake, within the whole country:
"a. to eliminate from their legislation any provision prohibiting or limiting without justifiable reasons the use of regional or minority languages in documents relating to economic or social life, particularly contracts of employment, and in technical documents such as instructions for the use of products or installations;"
190. There are no provisions in Finnish legislation prohibiting the use of Sami in economic and social activities. The Committee considers this undertaking fulfilled.
"c. to oppose practices designed to discourage the use of regional or minority languages in connection with economic or social activities;"
191. The use of Sami in practice is threatened by the predominance of Finnish even in typical Sami affairs, such as reindeering. As there are more non-Sami speakers working in these affairs, contracts, laws and other documents are issued or used only in Finnish. The very rich traditional Sami terminology is therefore disappearing due to its absence from economic life. The Committee estimates that positive action is necessary to reverse this tendency.
192. Owing to the lack of information, the Committee is not in a position to judge whether this undertaking is fulfilled or not.
"d. to facilitate and/or encourage the use of regional or minority languages by means other than those specified in the above sub-paragraphs."
193. The Committee has received no information that any such special measure is being undertaken.
"Paragraph 2
With regard to economic and social activities, the Parties undertake, in so far as the public authorities are competent, within the territory in which the regional or minority languages are used, and as far as this is reasonably possible:
"b. in the economic and social sectors directly under their control (public sector), to organise activities to promote the use of regional or minority languages;"
194. According to the information provided by the government, the Finnish authorities are promoting the use of Sami through the school and language legislation. Nevertheless, the Committee has not received any concrete information on the kind of activities organised within the public sector.
"c. to ensure that social care facilities such as hospitals, retirement homes and hostels offer the possibility of receiving and treating in their own language persons using a regional or minority language who are in need of care on grounds of ill-health, old age or for other reasons;"
195. According to the information available it is not always possible to obtain social and health services in Sami, since there is a lack of staff speaking the language. The existing salary bonus for persons with the necessary language skills does not seem to result in an increase of such skills. The Committee considers that positive action is necessary to improve this situation.
Article 14 - Transfrontier exchanges
The Parties undertake:
"a. to apply existing bilateral and multilateral agreements which bind them with the States in which the same language is used in identical or similar form, or if necessary to seek to conclude such agreements, in such a way as to foster contacts between the users of the same language in the States concerned in the fields of culture, education, information, vocational training and permanent education;"
196. There are many transfrontier exchanges between the Sami people of the Nordic countries through various bodies, such as the Sami Council, the Parliamentary Sami Council, the Arctic Council or the Nordic Sami Institute, in the field of education, labour relations, culture or economy. Therefore, the Committee concludes that this undertaking is fulfilled.
"b. for the benefit of regional or minority languages, to facilitate and/or promote co-operation across borders, in particular between regional or local authorities in whose territory the same language is used in identical or similar form."
197. Finland has treaties with Nordic countries and with the Russian Federation. The purpose of the latter is to support the preservation of the indigenous nature of the Finnish and Finno-Ugric peoples in Russia. The Sami language and culture in the Kola Peninsula in Russia fall under the scope of this agreement. The Committee concludes that this undertaking is fulfilled.
Chapter 3. Findings and proposals for recommendations
The Committee hereby presents its general findings on the application of the undertakings of the Charter in Finland.
A. The protection of regional or minority languages in Finland is an important long-term policy of the Finnish authorities. Finland has two national languages, Finnish and Swedish, the latter being the less widely used official language. Finland has therefore elaborated a consistent legal framework and important policy measures to promote the use of Swedish. Finland has also provided for the protection and promotion of the Sami language and culture through both legal acts and policy measures.
B. The authorities have furthermore underlined the importance of protecting other traditionally used languages on the Finnish territory. While the existing legal framework has mainly been constructed for the Swedish and Sami languages, the needs of the other languages (mainly Russian and Romany) have been addressed through constitutional and legal provisions and through various state regulations covering mainly the fields of education, justice, administration, media, cultural and social life. Policy measures have also resulted in the improvement of the status of the languages in other fields, such as transfrontier exchanges and economic life. This approach to the existing regional or minority languages in Finland is confirmed by the different level of protection granted to these languages within the Charter.
C. Within their instrument of acceptance, the Finnish authorities identified Swedish and the "Sami language" as the languages to be protected under Part III of the Charter. According to the information gathered by the Committee, there are three variants of the Sami language: Inari, Skolt and North Sami. Most of the measures taken so far by the authorities concern only North Sami, which is the most widely used variant. Owing to the assimilation policy of the past, a rapid decline of social and economic status and the widespread stigmatisation of Sami speakers, the number of Sami-speaking population in general and the size of the Inari and Skolt Sami-speakers in particular, has considerably decreased. As a result of these factors, Skolt and Inari Sami are in danger of extinction and need an immediate positive action.
D. According to the information gathered by the Committee, the languages concerned by Part II of the Charter are the Russian, Romany and Tatar languages as well as Yiddish. The Committee noted that whereas the needs of Romany language have been addressed through different measures by the authorities, this has only been partly the case for Russian, and not at all yet for Yiddish and the Tatar language (apart from the university level). According to the authorities, the reason for the lack of support for these last two languages, is that their speakers have not so far requested any support. The Committee considers that the State has an obligation to continue informing speakers of all regional or minority languages of the possibilities and the existing measures aimed at protecting these languages and to give them the possibility of being consulted. Structures such as the Swedish Assembly, the Sami Parliament and the Advisory Board on Roma Affairs are involved in the decision-making process concerning their respective languages. Representatives of the Russian, Tatar and Yiddish languages can advocate their rights within the framework of FIBLUL, which understands the Committee, is consulted by the Finnish authorities in the matters related to minority languages policies.
E. According to the information gathered, the Committee observed that Romany community at large is reluctant to accept a broader implementation of some of the undertakings accepted by Finland in respect of this language. The main fields of interest so far have been education and the media. The Committee acknowledges the important efforts made by the Finnish authorities to support the Romany language, while respecting the wishes of its speakers. Nevertheless, the Committee observes that there is still a need for teaching materials and trained teachers.
F. Even if the status of the Swedish and Sami languages is on a different level, the Committee has observed that there are obstacles to the implementation of the Charter with regard two both languages. In spite of the satisfactory legal framework, it must be stated that there is, sometimes, a serious lack of adequate means of implementing the existing legislation and therefore many of the concrete objectives of the official policy are difficult to attain.
G. In the field of education, the Committee notes that the lack of trained teachers and of teaching materials are serious impediments attaining the relevant objectives for Sami. This applies to all school levels, but particularly to pre-school and secondary education. Owing to the loss of the language by a whole generation, the teaching of Sami to adults and in particular to parents plays a significant role in the process of preserving and revitalising the language. The Committee noted that much also needs to be done in relation to the Part II languages.
H. In judicial matters, there are serious practical problems due to a lack of language skills on the part of the relevant authorities. One of the reasons identified is the low level of language skills required for judges and employees in Swedish. There are no language requirements for judges and other staff (clerks, police, prosecutors, etc) posted in the Sami Homeland or with jurisdiction over the Sami Homeland. The result is that Sami-speakers can only rarely use Sami before the courts. As Sami and Swedish-speakers are bilingual, the above-mentioned obstacles oblige them to forgo the possibility of using those languages. The use of language in relations with the administrative authorities faces similar problems to those concerning the judiciary.
I. The situation with the media and culture in Swedish is very satisfactory, while there is still room for improvement with regard to Sami. The lack of regular newspapers and television programmes has a particularly negative impact in the case of languages which, like Sami, very much need the contribution of media to revitalise them.
J. The Committee took note that the Finnish authorities are aware of some of the above-mentioned difficulties in implementation and are already taking some concrete steps to remove the obstacles identified. The Language Act and the Sami Language Act are under revision and working groups have been established to suggest amendments likely to improve, inter alia, the situation of languages within the judicial and administrative fields.
The Finnish government was invited to comment on the content of this report in accordance with Article 16.3 of the Charter. The comments received are attached in Appendix II.
On the basis of this report and its findings the Committee of Experts submitted its proposals to the Committee of Ministers for recommendations to be addressed to Finland. At the same time it emphasised the need for the Finnish authorities to take into account, in addition to these general recommendations, the more detailed observations contained in the body of the report.
At its 765th meeting on 19 September 2001, the Committee of Ministers adopted its Recommendation addressed to Finland, which is set out in Part B of this document.
APPENDIX I
INSTRUMENT OF ACCEPTANCE
Finland : |
Declarations contained in the instrument of acceptance, deposited on 9 November 1994 - Or. Engl.
Finland declares, according to Article 2, paragraph 2, and Article 3, paragraph 1, that it applies to the Saami language which is a regional or minority language in Finland, the following provisions of Part III of the Charter:
In Article 8 :
Paragraph 1, sub-paragraphs a (i), b (i), c (i), d (ii), e (ii), f (ii), g, h, i
Paragraph 2
In Article 9 :
Paragraph 1, sub-paragraphs a (ii), a (iii), a (iv), b (ii), b (iii), c (ii), c (iii), d
Paragraph 2, sub-paragraph a
Paragraph 3
In Article 10 :
Paragraph 1, sub-paragraphs a (iii), b, c
Paragraph 2, sub-paragraphs a, b, c, d, e, f, g
Paragraph 3, sub-paragraph b
Paragraph 4, sub-paragraphs a, b
Paragraph 5
In Article 11 :
Paragraph 1, sub-paragraphs a (iii), b (i), c (ii), d, e (i), f (ii)
Paragraph 2
Paragraph 3
In Article 12 :
Paragraph 1, sub-paragraphs a, b, c, d, e, f, g, h
Paragraph 2
Paragraph 3
In Article 13 :
Paragraph 1, sub-paragraphs a, c, d
Paragraph 2, sub-paragraphs b, c
In Article 14 :
Paragraph a
Paragraph b.
Period covered: 01/03/98 -
The preceding statement concerns Article(s): 10, 11, 13, 14, 2, 3, 8, 9
Declaration contained in the instrument of acceptance, deposited on 9 November 1994 - Or. Engl.
Finland declares, according to Article 2, paragraph 2, and Article 3, paragraph 1, that it applies to the Swedish language which is the less widely used official language in Finland, the following provisions of Part III of the Charter:
In Article 8 :
Paragraph 1, sub-paragraphs a (i), b (i), c (i), d (i), e (i), f (i), g, h, i
Paragraph 2
In Article 9 :
Paragraph 1, sub-paragraphs a (i), a (ii), a (iii), a (iv), b (i), b (ii), b (iii), c (i), c (ii), c (iii), d
Paragraph 2, sub-paragraph a
Paragraph 3
In Article 10 :
Paragraph 1, sub-paragraphs a (i), b, c
Paragraph 2, sub-paragraphs a, b, c, d, e, f, g
Paragraph 3, sub-paragraph a
Paragraph 4, sub-paragraphs a, b
Paragraph 5
In Article 11 :
Paragraph 1, sub-paragraphs a (iii), b (i), c (ii), d, e (i), f (ii)
Paragraph 2
Paragraph 3
In Article 12 :
Paragraph 1, sub-paragraphs a, b, c, d, e, f, g, h
Paragraph 2
Paragraph 3
In Article 13 :
Paragraph 1, sub-paragraphs a, c, d
Paragraph 2, sub-paragraphs a, b, c, d, e
In Article 14 :
Paragraph a
Paragraph b.
Period covered: 01/03/98 -
The preceding statement concerns Article(s): 10, 11, 12, 13, 14, 2, 3, 8, 9
Declaration contained in the instrument of acceptance, deposited on 9 November 1994 - Or. Engl.
Finland declares, referring to Article 7, paragraph 5, that it undertakes to apply, mutatis mutandis, the principles listed in paragraphs 1 to 4 of the said Article to the Romanes language and to the other non-territorial languages in Finland.
Period covered: 01/03/98 -
The preceding statement concerns Article(s): 7
APPENDIX II
COMMENTS BY THE GOVERNMENT OF THE REPUBLIC OF FINLAND CONCERNING THE REPORT OF THE COMMITTEE OF EXPERTS
The Committee of Experts has evaluated the measures taken by the Government of Finland for the implementation of the requirements set out in the European Charter for Regional or Minority Languages. In the light of this, the Committee of Experts has made proposals to the Committee of Ministers for the preparation of the recommendations that the latter might wish to address to Finland. The Report of the Committee of Experts is based on the situation as it was when the Charter entered into force in Finland (in March 1998) and when the Government of Finland submitted its initial periodic report on the application of the European Charter for Regional or Minority Languages (in March 1999), and on later information given to the Committee of Experts e.g. on the occasion of the visit made by the Committee to Finland on 19 to 21 December 1999.
The periodic reports of Finland on human rights conventions are based on the principle of openness. The reports should not only give account of improvements made but also openly admit the problems that may exist. In the light of this, the Government of Finland finds it important to maintain an open and constructive dialogue with the bodies responsible for monitoring the implementation of the Charter, i.e. the Committee of Experts and the Committee of Ministers.
The Report of the Committee of Experts has been subject to careful consideration by various authorities. These comments by the Government of Finland have been prepared in the Legal Department of the Finnish Ministry for Foreign Affairs, and are based on written opinions submitted by the following authorities: Ministry of Justice, Ministry of Social Affairs and Health, Ministry of the Interior, Ministry of Education, Ministry of Labour, Ministry of Transport and Communications and Provincial Government of Åland.
It may be concluded from the said opinions that the Committee of Experts has succeeded in the identification of the legal and de facto status of the minority languages falling within the scope of application of the Charter in respect of Finland
. The Committee of Experts has in fact paid attention to and suggested improvements in respect of such questions and problems for which solutions have constantly been sought in Finland in order to fully implement the rights of national minorities in the continuously developing society. The Government notes with satisfaction that the Committee emphasises the positive measures taken by Finland to improve the status of those languages.With respect to the Report of the Committee of Experts, it may be observed in general that the legislative framework given in the initial report was based on the earlier Constitution Act of 1919, as the new Constitution (731/1999) did not enter into force until on 1 March 2000. However, the provisions on fundamental rights were already reformed in 1995 and were included as such in the new Constitution.
Both the Sami language and the Roma language, as well as the sign language, enjoy a special status based on law. The other minority languages referred to in the Report of the Committee of Experts, i.e. Russian, Tatar and Yiddish, are not particularly protected by the law. With respect to the educational system in Finland, the same applies to such languages as Vietnamese and Somali which are spoken by significant numbers of refugees, and Estonian which is spoken by a large number of immigrants. All persons speaking one of the languages falling within this category are, under certain circumstances, taught their native language and supported in respect of teaching materials, training of teachers and interpretation, in cooperation between the home and the school.
It may indeed be observed that the education offered to minorities in Finland is at a high European level and public funds have been allocated for that purpose to a significant extent, with due consideration to the freedom of choice. In its Report, the Committee of Experts does perhaps not in all respects pay enough attention to the needs and special wishes that the minorities themselves have. As regards Tatar and Yiddish, the Committee of Experts has taken into account the fact that these minorities have not themselves expressed any specific wishes concerning education. The Committee has also paid attention for example to the difficulties in increasing the availability of teaching materials in the Roma language due to cultural restrictions.
However, the Committee does not adopt any position on the danger of social exclusion and unemployment that children speaking Inari and Skolt Sami might later have, when finding that these children must be ensured education in their own language throughout the educational system, including vocational education. The Government observes that many Sami parents seem to rather place their children in Finnish groups even in those municipalities where education is offered in the different Sami languages. The parents apparently want that the children learn Finnish already at an early stage, in order to ensure their later possibilities of employment. It would also seem that many Russian parents feel the same way.
Apart from Finnish, Swedish is an official language of Finland, the status of which is based on law. The English text of the Report gives reason to suspect that the Committee of Experts has not fully taken account of the fact that the Finnish educational system operates in two languages, Finnish and Swedish. In the Swedish-speaking school sector, including the training of teachers, all education is given in Swedish. A great part of public officials working in the Swedish Department of the National Board of Education are Swedish-speaking. The Committee of Experts has not given many suggestions for the improvement of the status of the Swedish language.
The Government wishes to correct a possible misunderstanding in paragraph 191 of the Report, where it is stated that the "contracts, laws or other documents" relating to typical Sami affairs "are issued or used only in Finnish". By virtue of the Act on the Use of the Sami Language before Authorities (516/1991), the most important Acts and Decrees relating to the Sami have regularly been translated either into North Sami or Skolt Sami, depending on the target group of the statute.
In paragraph 34 the Committee mentions that it "has been informed that work is in progress to establish an advisory board for regional or minority languages, which could be especially welcomed by Russian-speakers". However, the Government is not aware of such work. This might be a misunderstanding based on the fact there have also been representatives of the Russian-speaking minority participating in the work of the Finnish section (FIBLUL) of the European Bureau for Lesser Used Languages (EBLUL). It may further be observed in this respect that, apart from the Tatar and Jewish minorities and certain other minorities, also the Russian-speaking minority is represented in the Advisory Board for Ethnic Relations (ETNO) which is a representative consultative body subordinate to the Ministry of Labour, working with issues pertaining to refugees, immigrants, racism and ethnic relations. The Advisory Board further aims at enhancing interaction between the relevant authorities and non-governmental organisations and immigrants and ethnic minorities.
The Committee of Experts criticises the Government of Finland for not having complied with its obligation under Article 15, paragraph 2 of the Charter to publish its initial report. The initial report of the Government of Finland on the application of the European Charter for Regional or Minority Languages has been published in English on the Internet home pages of the Ministry for Foreign Affairs (at
http://virtual.finland.fi). There is also a paper copy available in Finnish, Swedish and English. A copy of the Finnish text was sent out to the relevant authorities and non-governmental organisations after it was published. Upon request, the Ministry for Foreign Affairs has also delivered any language version of the report in the form of a paper copy or electronic file to other authorities, non-governmental organisations or individual persons. The Ministry has often enclosed the text of the Charter which has been translated into Finnish, Swedish and Sami. As regards the following periodic reports, more attention will be paid to their publication and general and increased availability.The European Charter for Regional or Minority Languages is a dynamic instrument. Its spirit, which is reflected in both the Explanatory report and in the aims and principles set out in Article 7, requires continuing measures in order to improve the status of the languages falling within its scope of application.
Under Article 3, paragraph 2, any Party may, at any subsequent time, raise the level of protection of any of the languages falling within the scope of application of the Charter in respect of that Party. When the amendments to legislation proposed by the Language Act Committee and the Sami Language Board have been made, Finland might be able to consider to submit a notification to that effect to the Secretary General.
In 2000 the Legal Department of the Ministry for Foreign Affairs has started with intensified monitoring of the implementation of recommendations given by treaty bodies. As a first step, the Department discusses the matter with the competent authorities for the purpose of assessing what kind of measures will be necessary for the implementation of the recommendations. This intensified monitoring will also encompass any recommendations given by the Committee of Ministers of the Council of Europe, with respect to the implementation of the European Charter for Regional or Minority Languages.
European Charter for Regional or Minority Languages
B. Recommendation of the Committee of Ministers
of the Council of Europe on the application of the Charter
by Finland
(adopted on 19 September 2001 at the 765th meeting
of the Ministers’ Deputies)
COUNCIL OF EUROPE
Recommendation RecChL(2001)3
on the application of the European Charter for Regional or
Minority Languages by Finland
(Adopted by the Committee of Ministers
on 19 September 2001
at the 765th meeting of the Ministers’Deputies)
The Committee of Ministers,
In accordance with Article 16 of the European Charter for Regional or Minority Languages;
Bearing in mind the instrument of acceptance submitted by Republic of Finland on 9 November 1994;
Having taken note of the evaluation made by the Committee of Experts of the Charter with respect to the application of the Charter by the Republic of Finland;
Having taken note of the comments submitted by the Finnish authorities on the content of the report of the Committee of Experts;
Bearing in mind that this evaluation is based on information submitted by Finland in its initial periodical report, supplementary information given by the Finnish authorities, information submitted by bodies and associations legally established in Finland and on the information obtained by the Committee of Experts during its "on-the-spot" visit;
Recommends that the Republic of Finland take account of all the observations of the Committee of Experts and, as a matter of priority:
1. take immediate measures to strengthen the position of the Sami language in the field of education. Special efforts should be devoted to pre-school and primary education and to making available the necessary teacher training and teaching materials for Skolt and Inari Sami which seem to be in danger of extinction;
2. increase the presence of Sami within the media, in particular by encouraging, through concrete measures, the creation of newspapers and the broadcasting of regular television programmes;
3.a. provide favourable conditions to encourage the use of Swedish, the less widely used official language, before the judicial and administrative authorities, in particular by taking measures aimed at improving the Swedish language skills of legal officials and administrative personnel;
b. provide favourable conditions to encourage the use of Sami before judicial and administrative authorities in the Sami Homeland, in particular by taking measures aimed at improving the Sami language skills of legal officials and administrative personnel;
4. ensure the provision of services in Swedish and Sami in the health care and social welfare sectors to those who so wish;
5. make its periodical reports on the application of the Charter public, thus ensuring that organisations and persons concerned are informed of the rights and duties established under the Charter and its implementation.