Framework Convention
for the Protection of National Minorities
Explanatory Report
Français
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The member States of
the Council of Europe and the other States, signatories to the present
framework Convention,
Considering that the
aim of the Council of Europe is to achieve greater unity between its members
for the purpose of safeguarding and realising the
ideals and principles which are their common heritage;
Considering that one
of the methods by which that aim is to be pursued is the maintenance and
further realisation of human rights and fundamental
freedoms;
Wishing to follow-up
the Declaration of the Heads of State and Government of the member States of
the Council of Europe adopted in
Being resolved to
protect within their respective territories the existence of national
minorities;
Considering that the
upheavals of European history have shown that the protection of national minorities
is essential to stability, democratic security and peace in this continent;
Considering that a
pluralist and genuinely democratic society should not only respect the ethnic,
cultural, linguistic and religious identity of each person belonging to a national
minority, but also create appropriate conditions enabling them to express,
preserve and develop this identity;
Considering that the
creation of a climate of tolerance and dialogue is necessary to enable cultural
diversity to be a source and a factor, not of division, but of enrichment for
each society;
Considering that the realisation of a tolerant and prosperous
Having regard to the
Convention for the Protection of Human Rights and Fundamental Freedoms and the
Protocols thereto;
Having regard to the
commitments concerning the protection of national minorities in United Nations
conventions and declarations and in the documents of the Conference on Security
and Co-operation in Europe, particularly the Copenhagen Document of 29 June
1990;
Being resolved to
define the principles to be respected and the obligations which flow from them,
in order to ensure, in the member States and such other States as may become
Parties to the present instrument, the effective protection of national
minorities and of the rights and freedoms of persons belonging to those
minorities, within the rule of law, respecting the territorial integrity and
national sovereignty of states;
Being determined to
implement the principles set out in this framework Convention through national
legislation and appropriate governmental policies,
Have agreed as
follows:
Section I
Article 1
The protection of
national minorities and of the rights and freedoms of persons belonging to
those minorities forms an integral part of the
international protection of human rights, and as such falls within the scope of
international co-operation.
Article 2
The provisions of this
framework Convention shall be applied in good faith, in a spirit of
understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and co-operation
between States.
Article 3
Every person belonging
to a national minority shall have the right freely to choose to be treated or
not to be treated as such and no disadvantage shall result from this choice or
from the exercise of the rights which are connected to that choice.
Persons belonging to
national minorities may exercise the rights and enjoy the freedoms flowing from
the principles enshrined in the present framework Convention individually as
well as in community with others.
Section II
Article 4
The Parties undertake
to guarantee to persons belonging to national minorities the right of equality
before the law and of equal protection of the law. In this respect, any
discrimination based on belonging to a national minority shall be prohibited.
The Parties undertake
to adopt, where necessary, adequate measures in order to promote, in all areas
of economic, social, political and cultural life, full and effective equality
between persons belonging to a national minority and those
belonging to the majority. In this respect, they shall take due account
of the specific conditions of the persons belonging to national minorities.
The measures adopted
in accordance with paragraph 2 shall not be considered to be an act of
discrimination.
Article 5
The Parties undertake
to promote the conditions necessary for persons belonging to national
minorities to maintain and develop their culture, and to preserve the essential
elements of their identity, namely their religion, language, traditions and
cultural heritage.
Without prejudice to
measures taken in pursuance of their general integration policy, the Parties
shall refrain from policies or practices aimed at assimilation of persons
belonging to national minorities against their will and shall protect these
persons from any action aimed at such assimilation.
Article 6
The Parties shall
encourage a spirit of tolerance and intercultural dialogue and take effective
measures to promote mutual respect and understanding and co-operation among all
persons living on their territory, irrespective of those persons' ethnic,
cultural, linguistic or religious identity, in particular in the fields of
education, culture and the media.
The Parties undertake
to take appropriate measures to protect persons who may be subject to threats
or acts of discrimination, hostility or violence as a result of their ethnic,
cultural, linguistic or religious identity.
Article 7
The Parties shall
ensure respect for the right of every person belonging to a national minority
to freedom of peaceful assembly, freedom of association, freedom of expression,
and freedom of thought, conscience and religion.
Article 8
The Parties undertake
to recognise that every person belonging to a
national minority has the right to manifest his or her religion or belief and
to establish religious institutions, organisations
and associations.
Article 9
The Parties undertake
to recognise that the right to freedom of expression
of every person belonging to a national minority includes freedom to hold
opinions and to receive and impart information and ideas in the minority
language, without interference by public authorities and regardless of
frontiers. The Parties shall ensure, within the framework of their legal systems, that persons belonging to a national minority are
not discriminated against in their access to the media.
Paragraph 1 shall not
prevent Parties from requiring the licensing, without discrimination and based
on objective criteria, of sound radio and television broadcasting, or cinema
enterprises.
The Parties shall not
hinder the creation and the use of printed media by persons belonging to
national minorities. In the legal framework of sound radio and television
broadcasting, they shall ensure, as far as possible, and taking into account
the provisions of paragraph 1, that persons belonging to national minorities
are granted the possibility of creating and using their own media.
In the framework of
their legal systems, the Parties shall adopt adequate measures in order to
facilitate access to the media for persons belonging to national minorities and
in order to promote tolerance and permit cultural pluralism.
Article 10
The Parties undertake
to recognise that every person belonging to a
national minority has the right to use freely and without interference his or
her minority language, in private and in public, orally and in writing.
In areas inhabited by
persons belonging to national minorities traditionally or in substantial
numbers, if those persons so request and where such a request corresponds to a
real need, the Parties shall endeavour to ensure, as
far as possible, the conditions which would make it possible to use the
minority language in relations between those persons and the administrative
authorities.
The Parties undertake
to guarantee the right of every person belonging to a national minority to be
informed promptly, in a language which he or she understands, of the reasons
for his or her arrest, and of the nature and cause of any accusation against
him or her, and to defend himself or herself in this language, if necessary
with the free assistance of an interpreter.
Article 11
The Parties undertake
to recognise that every person belonging to a
national minority has the right to use his or her surname (patronym)
and first names in the minority language and the right to official recognition
of them, according to modalities provided for in their legal system.
The Parties undertake
to recognise that every person belonging to a
national minority has the right to display in his or her minority language
signs, inscriptions and other information of a private nature visible to the
public.
In areas traditionally
inhabited by substantial numbers of persons belonging to a national minority,
the Parties shall endeavour, in the framework of
their legal system, including, where appropriate, agreements with other States,
and taking into account their specific conditions, to display traditional local
names, street names and other topographical indications intended for the public
also in the minority language when there is a sufficient demand for such
indications.
Article 12
The Parties shall,
where appropriate, take measures in the fields of education and research to
foster knowledge of the culture, history, language and religion of their
national minorities and of the majority.
In this context the
Parties shall inter alia provide adequate
opportunities for teacher training and access to textbooks, and facilitate
contacts among students and teachers of different communities.
The Parties undertake
to promote equal opportunities for access to education at all levels for
persons belonging to national minorities.
Article 13
Within the framework
of their education systems, the Parties shall recognise
that persons belonging to a national minority have the right to set up and to
manage their own private educational and training establishments.
The exercise of this
right shall not entail any financial obligation for the Parties.
Article 14
The Parties undertake
to recognise that every person belonging to a
national minority has the right to learn his or her minority language.
In areas inhabited by
persons belonging to national minorities traditionally or in substantial
numbers, if there is sufficient demand, the Parties shall endeavour
to ensure, as far as possible and within the framework of their education
systems, that persons belonging to those minorities have adequate opportunities
for being taught the minority language or for receiving instruction in this
language.
Paragraph 2 of this
article shall be implemented without prejudice to the learning of the official
language or the teaching in this language.
Article 15
The Parties shall
create the conditions necessary for the effective participation of persons
belonging to national minorities in cultural, social and economic life and in
public affairs, in particular those affecting them.
Article 16
The Parties shall
refrain from measures which alter the proportions of the population in areas
inhabited by persons belonging to national minorities and are aimed at
restricting the rights and freedoms flowing from the principles enshrined in
the present framework Convention.
Article 17
The Parties undertake
not to interfere with the right of persons belonging to national minorities to
establish and maintain free and peaceful contacts across frontiers with persons
lawfully staying in other States, in particular those with whom they share an
ethnic, cultural, linguistic or religious identity, or a common cultural
heritage.
The Parties undertake
not to interfere with the right of persons belonging to national minorities to
participate in the activities of non-governmental organisations,
both at the national and international levels.
Article 18
The Parties shall endeavour to conclude, where necessary, bilateral and
multilateral agreements with other States, in particular neighbouring
States, in order to ensure the protection of persons belonging to the national
minorities concerned.
Where relevant, the
Parties shall take measures to encourage transfrontier
co-operation.
Article 19
The Parties undertake
to respect and implement the principles enshrined in the present framework
Convention making, where necessary, only those limitations, restrictions or
derogations which are provided for in international legal instruments, in
particular the Convention for the Protection of Human Rights and Fundamental
Freedoms, in so far as they are relevant to the rights and freedoms flowing
from the said principles.
Section III
Article 20
In the exercise of the
rights and freedoms flowing from the principles enshrined in the present
framework Convention, any person belonging to a national minority shall respect
the national legislation and the rights of others, in particular those of
persons belonging to the majority or to other national minorities.
Article 21
Nothing in the present
framework Convention shall be interpreted as implying any right to engage in
any activity or perform any act contrary to the fundamental principles of
international law and in particular of the sovereign equality, territorial
integrity and political independence of States.
Article 22
Nothing in the present
framework Convention shall be construed as limiting or derogating from any of
the human rights and fundamental freedoms which may be ensured under the laws
of any Contracting Party or under any other agreement to which it is a Party.
Article 23
The rights and
freedoms flowing from the principles enshrined in the present framework
Convention, in so far as they are the subject of a corresponding provision in
the Convention for the Protection of Human Rights and Fundamental Freedoms or
in the Protocols thereto, shall be understood so as to conform to the latter
provisions.
Section IV
Article 24
The Committee of
Ministers of the Council of Europe shall monitor the implementation of this
framework Convention by the Contracting Parties.
The Parties which are
not members of the Council of Europe shall participate in the implementation
mechanism, according to modalities to be determined.
Article 25
Within a period of one
year following the entry into force of this framework Convention in respect of
a Contracting Party, the latter shall transmit to the Secretary General of the
Council of Europe full information on the legislative and other measures taken
to give effect to the principles set out in this framework Convention.
Thereafter, each Party
shall transmit to the Secretary General on a periodical basis and whenever the
Committee of Ministers so requests any further information of relevance to the
implementation of this framework Convention.
The Secretary General
shall forward to the Committee of Ministers the information transmitted under
the terms of this article.
Article 26
In evaluating the
adequacy of the measures taken by the Parties to give effect to the principles
set out in this framework Convention the Committee of Ministers shall be assisted
by an advisory committee, the members of which shall have recognised
expertise in the field of the protection of national minorities.
The composition of
this advisory committee and its procedure shall be determined by the Committee
of Ministers within a period of one year following the entry into force of this
framework Convention.
Section V
Article 27
This framework
Convention shall be open for signature by the member States of the Council of
Europe. Up until the date when the Convention enters into force, it shall also
be open for signature by any other State so invited by the Committee of
Ministers. It is subject to ratification, acceptance or approval. Instruments
of ratification, acceptance or approval shall be deposited with the Secretary General
of the Council of Europe.
Article 28
This framework
Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which twelve member
States of the Council of Europe have expressed their consent to be bound by the
Convention in accordance with the provisions of Article 27.
In respect of any
Article 29
After the entry into
force of this framework Convention and after consulting the Contracting States,
the Committee of Ministers of the Council of Europe may invite to accede to the
Convention, by a decision taken by the majority provided for in Article 20.d of
the Statute of the Council of Europe, any non-member State of the Council of
Europe which, invited to sign in accordance with the provisions of Article 27,
has not yet done so, and any other non-member State.
In respect of any
acceding State, the framework Convention shall enter into force on the first
day of the month following the expiration of a period of three months after the
date of the deposit of the instrument of accession with the Secretary General
of the Council of Europe.
Article 30
Any State may at the
time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or territories for
whose international relations it is responsible to which this framework
Convention shall apply.
Any State may at any
later date, by a declaration addressed to the Secretary General of the Council
of Europe, extend the application of this framework Convention to any other
territory specified in the declaration. In respect of such territory the framework
Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date of receipt of such
declaration by the Secretary General.
Any declaration made
under the two preceding paragraphs may, in respect of any territory specified
in such declaration, be withdrawn by a notification addressed to the Secretary
General. The withdrawal shall become effective on the first day of the month
following the expiration of a period of three months after the date of receipt
of such notification by the Secretary General.
Article 31
Any Party may at any
time denounce this framework Convention by means of a notification addressed to
the Secretary General of the Council of Europe.
Such denunciation
shall become effective on the first day of the month following the expiration
of a period of six months after the date of receipt of the notification by the
Secretary General.
Article 32
The Secretary General
of the Council of Europe shall notify the member States of the Council, other
signatory States and any State which has acceded to this framework Convention,
of:
any signature;
the deposit of any instrument of ratification,
acceptance, approval or accession;
any date of entry into force of this framework
Convention in accordance with Articles 28, 29 and 30;
any other act, notification or communication
relating to this framework Convention.
In
witness whereof the undersigned, being duly authorised
thereto, have signed this framework Convention.
Done
at