COUNCIL OF
COMMITTEE OF MINISTERS
Resolution ResCMN(2005)8
on the implementation of the Framework Convention for the Protection of
National Minorities
by
(Adopted by the Committee of
Ministers on 7 December 2005
at the 950th 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 (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 (97) 10;1
Having regard to the
instrument of ratification submitted by
Recalling that the
Government of Moldova transmitted its state report in respect of the second
monitoring cycle under the Framework Convention on 14 May 2004;
Having also taken
note of comments by other governments,
1) Adopts the
following conclusions in respect of
a) Positive developments
Since the adoption
of the first opinion of the Advisory Committee in March 2002 and of the
resolution of the Committee of Ministers in January 2003, Moldova has continued
to pay due attention to the protection of national minorities.
Building on the Law on National
Minorities of 2001, Moldova has sought to improve and extend the relevant legal
framework and made practical efforts to support national minorities in the
fields of culture and education. Dialogue with persons belonging to national
minorities continued and the Bureau of Interethnic Relations has played a
particularly positive role in this context. National minorities were consulted
and involved in the processes, particularly concerning completed or pending
changes in the Moldovan legislation.
At the time of the adoption of
the Advisory Committee’s first opinion, various tensions were undermining the
climate of intercultural understanding within Moldovan society. This climate
has since improved and there is now a higher level of tolerance and mutual
understanding.
The population census of October
2004 represents a positive development, and should make it easier to monitor
the situation of persons belonging to national minorities, and to promote more
effective policies in this area.
b) Issues of concern
The question of Transnistria remains a serious concern, especially since
this conflict affects a great many developments, political and others, of
importance to the whole population of
Aside from the Transnistria question, efforts have been made in most of
the sectors relevant to the implementation of the Framework Convention in
The action taken to support
preservation and promotion of the cultures, languages and traditions of
national minorities still falls short of expectations of representatives of
national minorities.
National minority cultures and
traditions are still insufficiently reflected in schools and media coverage of
diversity and ethnic relations remains generally unsatisfactory. Moreover, the
measures taken to ensure a more balanced use of the various minority languages
in schools, in the media and in relations with administrative authorities have
not produced the intended results, although there have been some positive
developments. Certain minority languages are not sufficiently used in these
areas.
Concerning tolerance and
intercultural dialogue, shortcomings remain, in particular as regards attitudes
reported within Moldovan society, including the police and the media, to the
Roma and non-traditional religious communities.
Shortcomings persist as regards
participation of persons belonging to national minorities in public affairs. In
particular, these persons are not sufficiently represented in the public
service.
In spite of the efforts made by
the government, the situation of many Roma remains a cause of concern in terms
of equality and freedom from discrimination, and of effective participation in
the socio-economic life of the Moldovan society, education and decision-making.
2. Adopts the following
recommendations in respect of
In addition to the measures to
be taken to implement the detailed recommendations contained in sections I and
II of the opinion of the Advisory Committee, the authorities are invited to
take the following measures to improve further the implementation of the
Framework Convention:
- Examine the shortcomings which
still exist in implementation of the Law on National Minorities and the other
laws governing the protection of national minorities, and take the action
needed to ensure that they are effectively applied in practice, at central and
local level;
- Respond more adequately to the
cultural needs of persons belonging to national minorities;
- Continue efforts to combat
discrimination and promote tolerance and intercultural dialogue, through more
effective monitoring and law enforcement in these areas and take further
awareness-raising measures, addressed inter alia
to the police and the media;
- Continue efforts to secure a
more balanced use of minority languages in fields such as education, media and
relations with the administrative authorities;
- Pay more attention to the
quality of the education, including as regards the teaching of the state
language for persons belonging to national minorities;
- Ensure that suitable school
textbooks are available and take additional measures regarding teacher training
to expand teaching of – and in – the various minority languages;
- Take further action to
reinforce the intercultural and multicultural dimension of education;
- Redouble legislative and
practical efforts to increase and make more effective participation by persons
belonging to national minorities in public affairs, including the numerically
smaller national minorities, and pay special attention to the Roma;
- Give increased political
attention to finding concrete solutions to problems faced by the Roma, in
particular in the socio-economic and educational areas, and adopt more resolute
practical measures in this respect, at central and local level.
3. Invites the Government of
Moldova, in accordance with Resolution (97)10:
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 section 1 and 2
above.
Note
1 In the context of adopting Resolution (97) 10
on 17 September 1997, the Committee of Ministers also adopted the following
rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention
shall be considered to be adopted if two-thirds of the representatives of the
Contracting Parties casting a vote, including a majority of the representatives
of the Contracting Parties entitled to sit on the Committee of Ministers, vote
in favour.”