COUNCIL OF
COMMITTEE OF MINISTERS
Resolution ResCMN(2006)1
on the implementation of the Framework Convention for the Protection of
National Minorities
by
(Adopted by the
Committee of Ministers on 15 February 2006
at the 956th 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 Estonia transmitted its state report in respect of the
second monitoring cycle under the Framework Convention on 16 July 2004;
Having
examined the Advisory Committee’s second opinion on
Having also
taken note of comments by other governments,
1. Adopts
the following conclusions in respect of
a) Positive
developments
As regards
naturalisation, certain positive measures have been introduced to make the
process more accessible and streamlined, and there has recently been an
increase in the rate of naturalisation.
The obstacles to the
posting of minority language private signs have been reduced through changes in
the practice of the Language Inspectorate.
b) Issues of concern
The number of persons
without citizenship remains disconcertingly high. Despite positive measures
taken to facilitate naturalisation, the language tests and other factors are
still an obstacle for many.
The envisaged transfer
to Estonian as the main language of instruction in secondary schools, involving
at least 60 percent of instruction in Estonian, has not yet been adequately
prepared by the authorities, including as regards teacher training and
procedures for seeking exemptions from the said transfer.
New legal provisions on
optional classes on minority languages have not yielded substantial results in
basic schools. In addition, the initiatives to facilitate contacts between
pupils from different communities have not yet been implemented widely enough
in various levels of education.
Despite some
improvements in the related administrative practices, the Language Act still
contains elements that are problematic from the point of view of the Framework
Convention, including as regards private signs.
The state language
proficiency requirements in employment do not fully take into account the
present practical situation in all affected sectors, such as law-enforcement,
and in the geographic areas concerned.
Persons belonging to
national minorities, in particular young women, in Ida-Virumaa, and elsewhere,
continue to be disproportionately affected by unemployment.
The proportion of
persons belonging to national minorities employed in public service is
relatively low, in particular in higher levels of administration.
The National Minority
Cultural Autonomy Act remains unchanged despite the fact that it is generally
considered to be ineffective.
2. Adopts the following
recommendations in respect of
In addition to the
measures to be taken to implement the detailed recommendations contained in
chapters I and II of the Advisory Committee's opinion, the authorities are
invited to take the following measures to improve further the implementation of
the Framework Convention:
- take further positive
measures to facilitate and encourage naturalisation, including through
increased free-of-charge state language training;
- intensify training and
other efforts required for the transfer to Estonian as the main language of
instruction in secondary schools and establish clear procedures for seeking
exemptions from the said transfer;
- review the functioning
of the legal provisions on optional classes on minority languages in basic
schools;
- take further measures
to facilitate contacts between pupils from different communities;
- take steps to ensure
that the Language Act is fully in line with the Framework Convention, including
as regards private signs;
- review the state
language proficiency requirements in various sectors of employment so as to
ensure that they are realistic, clear and proportional;
- pursue further efforts
to address the disproportionately high unemployment rate amongst persons
belonging to national minorities by launching regional development initiatives
and measures to fight direct and indirect discrimination in the labour market;
- enhance the
recruitment of qualified persons belonging to national minorities in public
service;
- address shortcomings
in the National Minority Cultural Autonomy Act by drawing up, in consultation
with those concerned, legislation that is more inclusive and takes better into
account the present-day concerns of persons belonging to national minorities;
- complete the work to
draw up comprehensive legislation against discrimination.
3. Invites the
Government of Estonia, 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 sections 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.”