COUNCIL
OF
COMMITTEE OF MINISTERS
Resolution ResCMN(2004)12 on the implementation of the Framework Convention
for the Protection of National Minorities by
(Adopted by the Committee of Ministers on 17 November 2004
at the 904th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of
Articles 24 to 26 of the Framework Convention for the Protection of National
Minorities (hereinafter referred to as “the Framework Convention”);
Having regard to Resolution No. R (97) 10 of 17
September 1997 setting out rules adopted by the Committee of Ministers on the
monitoring arrangements under Articles 24 to 26 of the Framework Convention;
Having regard to the voting rule adopted in the
context of adopting Resolution No. R (97) 10;1
Having regard to the instrument of accession
submitted by
Recalling that the Government of Serbia and
Whereas the Advisory Committee accepted the invitation
of the Government of Serbia and Montenegro to send a delegation to gather
further information in Serbia and Montenegro, this visit taking place from
27 September to 3 October 2003;
Whereas the Advisory Committee's opinion on the
implementation of the Framework Convention by Serbia and Montenegro was adopted
on 27 November 2003 and then transmitted to the Permanent Representative of
Serbia and Montenegro and communicated to the Permanent Representatives of all
member states as document CM(2004)5 and subsequently made public by the
Government of Serbia and Montenegro;
Whereas the Government of Serbia and Montenegro
submitted its written comments on the opinion of the Advisory Committee, these
written comments having been communicated to the Permanent Representatives of
all member states as an addendum to document CM(2004)5, dated 18 May 2004;
Having examined the Advisory Committee's opinion
and the written comments of the Government of Serbia and
Having also taken note of comments by other
governments,
1. Adopts the following conclusions concerning
the implementation of the Framework Convention by
– While the constitutional structures have
undergone fundamental changes, the authorities of
– In the legislative field, a number of
shortcomings remain. There is, for example, a need to clarify the legal status
of the legislation concerning national minorities adopted by the former federal
authorities. In
– The main problems in the protection of
national minorities in
- Inter-ethnic relations are still affected by
the difficult legacy of the past regime and the deteriorating social
conditions. Despite marked progress, manifestations of inter-ethnic tension are
still reported and raise concern. Efforts to build tolerance and trust, which
have been valuable, for example in respect of Albanian minority in southern
Serbia, need to be expanded further in other parts of Serbia and Montenegro
including notably in Vojvodina. The protection of
national minorities should receive greater attention from law-enforcement
agencies regarding especially the effective investigation and prevention of
violent incidents recently committed against persons belonging to Hungarian and
some other national minorities. All attempts to exploit inter-ethnic tensions
for political purposes, be it locally, nationally or
internationally, should be immediately stopped and unconditionally condemned.
- Further improvements should be achieved in the
representation of the Bosniac and other national
minorities in the law-enforcement agencies as well as within the judiciary.
– Both legislative and practical measures are
needed to improve the implementation of the principles of non-discrimination
and full and effective equality. In this respect, the serious difficulties
faced by displaced and other Roma merit urgent attention including through the
adoption and implementation of a comprehensive Roma strategy. These
difficulties are particularly apparent in such fields as health, housing and
employment as well as in education, where the problem of undue placing of Roma
children in schools for persons with mental disabilities needs to be addressed
as a matter of high priority.
– There are variations between regions in terms
of the efforts made to protect the languages and cultures of national
minorities. Whereas in Vojvodina a number of
commendable initiatives have been introduced, the situation is less developed,
for example, with respect to the protection of the Vlach
national minority in north-eastern
2. Recommends that
3. Invites the Government of Serbia and
a. to continue the
dialogue in progress with the Advisory Committee;
b. to keep the Advisory
Committee regularly informed of the measures it has taken in response to the
conclusions and recommendations set out in sections 1 and 2 above.