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DH-MIN(2005)011
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Committee
Of Experts on Issues relating to the Protection of National Minorities (DH-MIN) |
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______ consultation
arrangements concerning national minorities Report prepared by Marc Weller, Director, European
Centre for Minority Issues[1] ______ |
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2nd meeting 26-28 October 2005 Directorate
General of Human Rights Meeting Room (Rez-de-Jardin) |
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Contents:
Introduction
I. Legal Framework
II. Types of Minority
Consultative Bodies
III. Legal Establishment
IV. Mandates and Functions
V. Membership
VI. Working Methods
VII. Conclusions
VIII.
Possible Further Action
Appendix:
Synopsis of the replies to the questionnaire on consultation
arrangements concerning national minorities
On
The questionnaire of the DH-MIN
seeks information on the legal status of the relevant consultative bodies,
their mandate and functions, their membership and working methods. This
structure has also been adopted in this study. The decision of DH-MIN
requesting information from States invited them to provide indications as to
their motivations when choosing a particular set of minority consultative
mechanisms.[3] They were also asked to
offer critical views in relation to their experience thus far. However, very
few, of the answers offer critical engagement with the subject (
It is of course not the aim of this
study to review the performance of the relevant minority consultative
mechanisms in any great detail, or to comment on the claims relating to their
effectiveness that may have been made in the replies. Instead, the study seeks
to exhibit the diversity of minority consultative mechanisms, and to start
extracting from the information provided the first elements of guidance on good
practice. However, where the Advisory Committee on the Framework Convention for
the Protection of National Minorities has offered critical views, these are
noted on occasion in a general way, to help illuminate expectations of good
practice. The study concludes by offering a number of practical steps that
might be taken to further enhance knowledge on this issues area.
I. Legal Framework
Effective political participation of
persons belong to national minorities is well established in international
minority rights law. Provision for effective participation includes mechanisms
to ensure electoral participation and representation in parliament, executive
representation and a variety of other means. Minority consultative mechanisms
play a particularly important role in this respect, especially in situations
where minorities lack direct representation in legislative bodies and/or in the
executive.
The development of the relevant
international legal basis for the right to full and effective participation was
presaged in the OSCE Copenhagen Document of the Conference on the Human
Dimension of 1990. This document affirms the need to respect the right of
persons belonging to national minorities to effective participation in public
affairs.[4]
This right has been fleshed out in greater detail in a number further OSCE
documents.[5]
At the universal level, the United
Nations Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities confirms the right of effective
participation in public life, adding that:
Persons
belonging to minorities have the right to participate effectively in decisions
on the national and, where appropriate, regional level, concerning the minority
to which they belong or the regions in which they live, and in a manner not
incompatible with national legislation.[6]
In the Council of Europe area, the
parties to the Framework Convention for
the Protection of National Minorities have committed themselves to
creating:
… 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.[7]
At a sub-regional level, the Central European Initiative Instrument for
the Protection of Minority Rights of
The official Explanatory Report attached to the Framework Convention for the Protection of National Minorities
expands upon the terms of Article 15 of the Convention, offering detailed
guidance on how effective participation can be achieved. Greatest emphasis is
placed in that report on minority consultative mechanisms and their mandate and
functions.[10] In fact, specific
provision for minority consultative mechanisms was emphasized at the early
stage in the development of the right to effective participation in public
life. Hence, the
12. States
should established advisory or consultative bodes within appropriate
institutional frameworks to serve as channels for dialogue between governmental
authorise and national minorities. Such bodies might also include special
purpose committees for addressing such issues as housing, land, education,
languages and culture.
Particularly intensive consultative
and co-decision mechanisms have also been established in ILO Convention (N°169)
relating to indigenous peoples, on which one might draw by analogy in this
instance.[13] Consultation mechanisms
are also specifically required in relation to certain issue areas addressed by
special instruments, especially those concerning minority identity and culture.
For instance, the European Charter for Regional or Minority Languages indicates
that States shall take into consideration the needs and wishes expressed by
groups using such languages in determining their language policy. To this end
‘they are encouraged to establish bodies, if necessary, for the purpose of
advising the authorities on all matters pertaining to regional or minority
languages.’[14]
The Advisory Committee on the
Framework Convention for the Protection
of National Minorities has repeatedly concerned itself with the issue of
minority consultative mechanisms. It has recommended the firm legal
entrenchment of consultative mechanisms, a broad mandate, widely representative
membership and effective functioning. Where such bodies contain a significant
number of governmental representatives, these bear a special responsibility for
ensuring that the relevant mechanism contributes effectively to participation
in decision-making.[15]
The general absence of any provision for minority consultative mechanisms, or
the failure to establish such bodies if they have been provided for in
legislation, has been criticised by the Advisory Committee and the Committee of
Ministers on a number of occasions, and the governments so criticises have
generally taken measures to improve performance .[16]
In conclusion, one may therefore
note that the right to full and effective participation in public life has been
firmly established in international legal standards. The establishment of
minority consultative mechanisms is frequently referred to in international
authoritative documents and international practice as one of the key mechanisms
towards achieving this aim. However, effective participation of minorities in public
life is no longer considered to be achievable through the provision of one
central consultative body. Instead, the practice of States revealed through the
questionnaire consists of multi-layered and multi-dimensional provisions for
consultation.
One should also note at the outset
(as DH-MIN has done when commissioning the questionnaire) that minority
consultative bodies are only one of several mechanisms that should be deployed
in order to ensure full and effective participation of minorities in public
life.
II. Types of Minority
Consultative Bodies
Minority consultative bodies can be
best distinguished according to the type of consultation activity, and to the
subject area to which it relates.
A. Types of Activities
There are four principal categories
of minority consultative mechanisms. These are:
- Mechanisms of co-decision
- Mechanisms of consultation
- Mechanisms of co-ordination
- Mechanisms of minority self-governance
It will be convenient to consider
each of these in turn.
1. Mechanisms of co-decision
Co-decision occurs where minority
consultative councils must be heard before certain decisions can be taken, or
where minority consultative councils have original decision-making powers.
Co-decision in the former sense will take place mostly where consultative
councils are attached to national or regional parliaments. Generally, minority
consultative councils attached to parliaments, and often also those attached to
government, will at least have the right to review draft legislation of special
interest to them and to offer views. Where such legislation cannot be adopted
without such views at least having been obtained and considered, one may speak
of a soft form of co-decision. In some instances, minority representative
groups or minority consultative councils will have a right of legislative
initiative, and possibly even blocking powers where the adoption of sensitive
legislation affecting their interests is concerned. The latter would be
considered hard powers of co-decision.
In some instances, minority
consultative councils will exercise principal decision-making powers, rather
than merely powers of co-decision. Such functions may relate to programming,
planning and funding issues in relation to minority self-governance. While the
central government will set the general framework of, and funding level for,
minority policy and programmes, implementation of programming decisions may be
left to the relevant minority consultative council. For instance, in its second
Opinion on
2. Mechanisms of
Consultation
The mechanisms of consultation can
be organized in a variety of ways. At the level of central government, there
tend to be three principal models. First, there are minority consultative
councils that are principally composed and organized by minority representative
organizations. These will serve to coordinate and articulate minority interests
from among the broad spectrum of minorities within the State and to represent
these jointly to government or parliament. Such bodies and will mainly be
self-organizing. While at times established in legislation, the minority
representative groups themselves arrange for membership, working methods and
activities. In addition to the external representation of minority interests,
such consultative councils also perform an important function in mobilizing
minority communities and to streamline their own ability to represent
themselves through umbrella organizations.
A sub-group of national minority
councils organized principally by the minorities themselves relates those that
serve to organize and mobilize just one particular national minority. In a
number of cases, provision has been made for national minority councils that
are composed, in the first instance, of the diverse NGOs and other bodies
representing one particular minority. Either, these minority councils will then
have direct access to a governmental contact office or to a minority
consultative mechanism also involving governmental representatives set up
specifically for that specific minority, or the representatives of the individual
national minority council will nominate representatives to a consultative body
where other minorities are represented as well.
A second model would establish a
minority consultative council around a high ranking governmental official, or a
governmental contact office for minority issues. This official will often be
affiliated with the office of the State President or Prime Minister or Federal
Chancellor, or he or she may hold office as a Minister of Minority Issues or
National Coordinator for Minority Affairs. The membership of such councils
tends to be mixed, being composed both of governmental representatives and
minority representative groups. This kind of body gives minorities access to
government at a high level.
A third type of coordination
mechanism would be led by governmental representatives. These may constitute
the majority of the membership and may dominate the process of selection of
other members and the working process. An example of such a mechanism is
provided by the Bulgarian Decree No.333 of 2004, establishing a National
Council for Cooperation on Ethnic and Demographic Issues at the Bulgarian
Council of Ministers. This body is led by a senior minister, there is
representation of 14 ministries and 6 State agencies, and the secretariat lies
in the hands of a governmental Directorate. Membership of minority
representative organizations, on the other hand, is left fairly open, and there
is as yet no practice to indicate whether minority representation will be open
and broad. While it is of course beneficial to place at the disposal of
minorities a significant number of high-ranking members of government,
consultative councils of this kind may be at risk of coming close to mechanisms
of coordination of governmental policy, rather than of genuine consultation
with the minorities.
Similarly, the establishment of
contact offices, say at the office of Prime Minister, or in individual
ministries, can only be regarded as a partial answer to the issue of minority
consultation. In some instances, such contact offices can prove very effective.
For instance, the German minority in
At times, it may happen that there
is competition between bodies set up by the government and by the minorities
themselves. For instance, in the first report of the Advisory Committee on
3. Mechanisms of
coordination
Mechanisms of coordination are not
really minority consultative bodies. Instead, these will be inter-ministerial
working parties, charged with ensuring that minority policy is delivered in a
consistent way throughout all relevant branches of government. For instance,
Occasionally, such expert bodies
will be given a limited role of consultation, for instance by inviting minority
representative organizations to give presentations at meetings, or by
maintaining contacts with relevant NGOs. It should be noted that in a number of
answers to the questionnaire on which this paper is based, governments have
referred to coordination mechanisms, instead of genuine minority consultative
mechanisms, which may have been lacking.
In some instances, less formal
process of coordination may be established, for instance in the form of
presidential round tables. The Advisory Committee has found that to the extent
to which such expert bodies, intended to advise the executive, are lacking in
representativeness of minority organizations and in the ability to influence
legislation, cannot be considered to be genuine consultative mechanisms.[19]
4. Mechanisms of minority
self-governance
Where a minority council has been established
in order to organize or mobilize individual minorities, such bodies will often
have functions that go beyond the external representation of minority
interests. Such minority councils may be provided with decision-making powers
of their own in an internal sense. This will generally be the case where there
is provision for functional or cultural autonomy for minorities at the
national, regional or local level. In such instances, national councils will
function as the executive organ of the respective cultural autonomy. Particular
procedures apply where indigenous populations enjoy extensive powers of
self-governance (Sami Parliament). In such instances, minority self-governance
will be matched by processes of regular contact between the bodes of self-governance
and both the State parliament and the executive.[20]
B. Areas of activities
In addition to these categories of
mechanisms, it is also necessary to distinguish three further points of
interest. These relate to multi-level consultation, to specialized consultative
mechanisms, and to particular mechanisms focusing on just one minority group.
1. Multi-level consultation
Multi-level consultation concerns
what is known as the vertical layering of public authority. That is to say,
most of the modalities of consultation outlined above can be applied throughout
the hierarchy of public power within the State, from the central government to
the local. For instance, within a particular State there may be a national
minority consultative council, a regional minority consultative council as part
of a devolved authority, and local consultative councils on education, language
and culture. Good practice of minority consultation would suggest that
provision should be made at all levels, depending, of course, on the
demographic and geographic distribution of the relevant minority within the State.
2. Specialized consultative
mechanisms
A second feature that is common to
most modalities for minority consultation is that they may also be arranged
according to specific issue areas, or horizontally. Hence, in addition to
general mechanism for minority consultation, one will often find an additional
layer of consultative mechanisms, addressing specific issue areas that are of
special concern to minorities. These issue areas will typically include
education or cultural policy. The relevant State ministries and regional or
local authorities will often establish dedicated consultative mechanisms in
these areas with an expert membership from government and minority representative
group. For instance, the Hungarian Ministry of Education has established a
National Committee of Minorities, based in formal provisions of the Public
Education Act. In addition to advising and consulting, this body even has
certain powers of co-decision. Each national minority delegates one member.
3. Mechanisms focusing on
particular groups
A third feature concerns
specialization according to minority groups. Again, in addition to general
consultative mechanisms, a special process may be established in relation to
minorities that face unique, or particularly pronounced problems. Often, this
is the case where large Roma communities are at risk of structural
disenfranchisement within a given society. Such mechanisms may exist at all
level of governance, and they may also consist of specialized consultative
mechanisms focussing on one particularly vulnerable group (say, Roma
education). However, a number of States also maintain extensive consultative
structures in parallel, for each of the principal national minorities.
It is good practice to balance State-wide
mechanisms focusing on one particular minority with regional bodies of that
kind, where a particular minority is territorially compact, or where it is
threatened with particular difficulties in particular geographic areas (for
instance, Finnish practice relating to Roma populations).
Rather than just providing for
separate consultative bodies just for some groups that may be at particular
risk of exclusion, a number of States grant a separate consultative council to
each of them. In
C. Complex
systems
A few replies to the questionnaire
offer insights into just one particular type of minority consultative mechanisms.
It is noteworthy, however, that an impressive number of answers reveal a
complex mixture of bodies and mechanisms.
This complexity of provision
suggests that it may be useful to devise a matrix that relates the type of State
(centralized, devolved, federal), demographic conditions (number and location
of minorities) to the level of representation of minorities in decision-making
bodies, and to particular problems encountered by them (say in education,
cultural and linguistic matters). One may then relate this data and draw
conclusions regarding the kinds of minority consultative bodies that good
practice would suggest for each type of situation.
III. Legal Establishment
Clearly, practice on the legal
establishment of minority consultative bodies is diverse. At the top end is the
constitutional entrenchment of the existence, membership and mandate of such
bodies. This may be the case in relation to consultative bodies attached to
national parliaments, or bodies established in settlement agreements after
violent ethnic conflict.
In other instances, minority
consultation will be entrenched in superior legislation, for instance minority
laws of constitutional rank (
While principal legislation is
certainly the preferable way of establishing consultative bodies, a significant
number of mechanisms have been established by governmental decree. These will
at times, however, tend to be mechanisms that are billed as being focused on
minority consultation, while they may in practice serve more in the nature of
governmental coordination bodies with some minority representation attached to
it.
Finally, in a few instances, the
relevant consultative bodies appear to be principally unestablished. This would
not meet the requirements stipulated by the Advisory Committee relating to good
practice.
IV. Mandates and Functions
The Lund Recommendations provide for
the following functions of minority consultative bodies:
13. These bodies should be able to raise issues
with decision-makers, prepare recommendations, formulate legislative and other
proposals, monitor developments and provide views on proposed governmental
decisions that may directly or indirectly affect minorities. Governmental
authorities should consult these bodies regularly regarding minority related
legislation and administrative measures in order to contribute to satisfaction
of minority concerns and to the building of confidence. [21]
The Explanatory Report attached to the Framework Convention for the Protection of National Minorities
adds:
-
consultation
with these persons [belonging to national minorities], by means of appropriate
procedures and, in particular, through their representative institutions, when
Parties are contemplating legislation or administrative measures likely to
affect them directly;
-
involving
these persons in the preparation, implementation and assessment of national and
regional development plans and programmes likely to affect them directly;
-
undertaking
studies, in conjunction with these persons, to assess the possible impact on
them of projected development activities;
-
effective
participation of persons belonging to national minorities in the
decision-making processes and elected bodies both at national and local levels.
Obviously, the nature of the
respective consultative mechanism (national, regional or local; co-decision,
consultation or coordination; general, issue-specific, focused on just one
particular group) will have an impact on the mandate and function of the
respective body. However, a review of the practice of States reveals that the
following functions should be covered in relation to each layer of governance
(national and, where minorities are present, regional or local), every
minority, and all issue areas of concern to the respective minorities. These
concern (1) the organization, mobilization and coordination among minority
representative organizations (2) contribution to legislation (3) contribution
to governmental programming and (4) participation in reporting to international
mechanisms.
Functions focused on minority
representative organizations:
- assist in organizing and mobilizing
individual minority communities;
- provide a focus for capacity building
among minority representative groups;
- ensure coordination of interests among
different minority groups and minority representative organizations;
- contribute to the standards of democratic
and transparent governance of minority representative organizations
seeking representation in consultative bodies;
- request and receive information and data
from public authorities;
- assist in maintaining contacts between
minorities and other populations across borders.
The use of consultative mechanisms
to enhance the competence of minority representative organizations and to
assist minority communities in generating representative umbrella bodies that
can be engaged by the State represents an interesting new development (for
instance, developed by the Finnish Advisory Board for Ethnic relations) that
would warrant adoption in a number of other cases. Often, it can be observed
that the effectiveness of minority consultation, even where solid mechanisms
exist towards this end, is severely hampered by the inability of minorities to
arrange for effective representation of their own interests in these bodies,
and generally. Another benefit flowing from this function is the facility of
inter-ethnic dialogue that is particularly useful in States where ethnic
tensions persist.
Legislative involvement:
- take legislative initiatives;
- review and comment on legislative projects
of relevance to minorities;
- campaign in support of legislative
projects of relevance to minority communities;
- contribute to awareness-raising in
relation to legislation that has been adopted and campaign in favour of
implementation action.
It should be noted that virtually
all minority consultative mechanisms operating at a general level provide for
some involvement in relation to legislative initiatives. However, good practice
would indicate that such a right should be clearly established, and it needs to
be meaningful. That is to say, advice given from the consultative council
should be acted upon, or where this is not the case, at least substantive
dialogue should ensue.
Involvement in programming:
- participate in surveys and needs
assessment exercises relating to minorities;
- participate in setting policy priorities
in areas of relevance to minorities;
- educate public officials about minority
sensitivities, concerns and perspectives;
- participate in governmental programming in
relation to minorities, or in relation to issues of particular relevance
to them (education, culture, etc.);
- participate in funding decisions
concerning programme implementation;
- monitor, supervise and evaluate programme
delivery;
- support relations between the centre, the
regions and local units of government in where minority issues are
concerned;
- highlight minority concerns in relation to
the general public and support programmes aimed to combat discrimination
and assist integration;
- contribute to other public education and
awareness raising campaigns.
Involvement in programming serves to
enhance minority participation in public life in a number of ways. First, it
ensures that minority communities build up technical competence in relation to
needs assessment, programme development, implementation and evaluation. Second,
it ensures that minority constituencies feel that they have a genuine stake in
decisions affecting them, or aimed at benefiting them. Third, minority
constituencies will start sharing a sense of responsibility in relation to such
policies and programmes. In this way, rivalry amongst minority consultative
groups can be avoided and unrealistic demands or expectations vis-ŕ-vis the
government may reduce. On the other hand, the government, too, will be involved
in a constant State of dialogue and will be under higher pressure to perform,
and make available resources, as may have been budgeted at the outset.
Relations with international bodies:
- engage in consultations with international
funders of programmes relevant to minorities (EU, UNDP, etc) in relation
to programming priorities, even where the recipient of such programmes is
the government in the first instance;
- contribute to the development of
international standards affecting minorities, in particular the drafting
of minority rights standards, through national authorities and
representation at the international level as may be facilitated by them;
- contribute to reporting to international
human and minority rights monitoring bodies.
It is by now standard practice for
minority organizations to have a role in governmental reporting on minority
policy to international bodies. In some instances, they may either be involved
in the drafting of the report, or may attach separate statements to it. Even
where there is such formal involvement, however, this does not obviate the need
for shadow reports, aiming to add another perspective that has not been
subjected to a process also involving governments.
Minority consultative councils will
now also be met during country visits by the Advisory Committee and their views
are an important source of information for the Committee.
In some instances, minority
consultative councils will be invited to offer views in relation to the
drafting of treaties and their signature and ratification. Particularly
noteworthy as good practice is the inclusion of representatives of minorities
in international delegations addressing issues of special concern to
minorities, including human and minority rights treaties, but also
anti-discrimination more generally, sub-regional development, or international
programmes aimed at supporting particular minorities (Roma Decade).
It is of course unlikely, and
probably undesirable, that one single minority consultative body could best
fulfil all of these functions. Accordingly, they will ordinarily be distributed
across a number of the types of bodies that have been considered in the
preceding section. However, the Advisory Committee has stressed that it is not
sufficient to offer consultation only in certain areas, such as education and
culture.[22] Hence, governments should
ensure that they cover the above issue areas, even if distributed among several
consultative agencies. Again, governments may wish to check whether they
presently cover these functions.
V. Membership
The
The
composition of such bodies should reflect their purpose and contribute to more
effective communication and advancement of minority interests.[23]
The balance of membership from among
minority representative bodies and the government or other public bodies
depends on the type of minority consultative organization and its function.
Bodies devoted principally to minority-self-governance, or acting as umbrella fora
for a specific minority, or a coordination body among them, will generally
be composed only of minority representatives. Accordingly, members of the Sami
parliament are elected. Even in instances of less wide-ranking minority
self-administration through associations and other organizations, compliance
with principles of internal democracy, transparency and accountability is to be
expected. However, instead of inviting governments to take a role in
establishing such criteria of conduct, it would be for the minority
representative organizations to do so. In fact, there might be a role for the
Council of Europe to generate such a voluntary code of good practice.
Where consultative bodies are
attached to parliament and principally created to contribute to legislation,
they will again generally be entirely composed of minority representatives, or
of members of minority representative groups, minority representatives from
parliament (where there are any), and other members of parliament. There are
also instances of mixed mechanisms, where a minority group is given access to a
joint committee composed of parliamentarians and governmental agencies (
In consultative councils that are
composed of a significant number of representatives of government and minority
representative organizations, best practice would suggest a preponderance of
minority representatives, or at least equality of representation. This issue is
a difficult one, as it may well be in the interest of the minorities themselves
to have represented on the consultative council all of the ministries and
governmental agencies that are of relevance to them. On the other hand, as was
already noted above, a preponderance of governmental representation can
significantly impact on the functioning of the consultative council, turning it
rather into a body of governmental coordination. In some situations, minority
representative may well feel intimidated by broad and dominant high level
governmental representation. The working process, which may then resemble that
of governmental agencies, may also not be conducive to producing uninhibited
and effective participation of minority representatives.
When considering the first State
report of
In addition to the question of
balance between governmental members and those from minority representative
groups, the question of the determination of which minorities are to be
represented can cause controversy. While the answer should, in principle, be
that all are entitled to representation, a number of problems may arise:
·
The
legislation or decree establishing the consultative body enumerates exclusively
and expressly the minorities that are to be represented. This can lead to
exclusion of other groups.
·
The
relevant instrument draws on the wider definition by the State of which groups
it considers to be national minorities. This can be general definition of the
term minority (
·
The
relevant instrument limits representation to minority representative bodies
that qualify according to a rather restrictive and at times subjective
catalogue of criteria that are administered by the government.
·
The
relevant instrument limits minority representation to their achievement of
representation in other bodies, for instance in parliament (Romanian National
Minorities Council). Such an attitude would be controversial, given the
particularly pronounced need for representation in consultative bodies of those
minorities that do not have access to processes of co-decision.
·
The
relevant instrument does not appear to restrict membership to certain groups,
but in actual fact certain minority communities are not invited to participate.
The Advisory Committee on the
Framework Convention for the protection of national minorities has repeatedly urged
States to ensure full and comprehensive representation of all communities,
whether recognized by the respective State or not, and including even non-autochthonous
minorities.
In some instances, formulae for
representation have been established. For instance, the Lithuanian Council of
National Communities is composed of members from individual minorities
according to their number (3 seats for minorities of more than 100.000 members,
2 for communities boasting 10.000 to 100.000 members, and one for less numerous
minorities).
There are also different models for
the process of selecting representatives in minority consultative councils. As
was noted above, in cases of minority self-governance, a fully democratic
process can be expected. Similarly, minority associations should ensure that
their nominees for national minority consultative councils have been selected
democratically and according to a transparent process.
Where membership in a minority
consultative body depends on appointment by government, it is good practice to
ensure that minority representative receive automatic appointment if nominated
by their representative groups. If there are grounds for the refusal of an
appointment (say, a criminal record of the nominee), best practice would let
the matter be addressed by the minority consultative council in question,
rather than the government.
In some cases, the government alone
will select the representatives. The lack of consultation with minorities about
the choice of their representatives has been criticized by the Advisory
Committee (
In some cases, the government
concerned will establish criteria for the selection of minority representative
groups that are to be represented on the respective consultative council. These
will include (for instance in the case of the Finnish Advisory Board on Ethnic
Relations):
- Their ability to represent the relevant
communities;
- The size of the group they represent;
- Their expertise as it relates to the
respective council’s mandate;
- The risks of exclusion of the group
represented by an association or NGO;
- The organizational capacity of the
relevant association or NGO.
Such criteria may add to the
transparency when decisions need to be taken about the selection of just some
representative groups in relation to the limited spaces available on a
consultative council. However, overly restrictive criteria, or criteria that
may have the effect of excluding a particular minority group from
representation, are to be avoided.
As was already noted above, where
the organization of minority representation is concerned, it is up to the
relevant communities to arrange for their own minority representative
structures. Where there is just one representative organization that is
accepted by the members of the minority as their umbrella organization, or
perhaps a very small number of these, few difficulties arise. However, in
circumstances where minorities have not managed to arrange for centralized
representation, and NGOs and representative organizations abound, the issue of
selection becomes difficult (
In circumstances where there are
fewer, but competing organizations representing a particular minority, the
Advisory Committee on the Framework Convention for the Protection of National
Minorities has cautioned governments against picking just some of these for
representation. Where there are objective reasons for being unable to
accommodate all major groups in such circumstances, good practice would suggest
that the criteria for selection should be public and the selection process
transparent. An appeal procedure, perhaps administered through the relevant
minority consultative council itself, should be available. In this context,
reference may be made once more to double layered systems, where each minority
will itself, first, generate its own representative council at the local,
regional and/or national level. The leaders of these individual councils can in
turn constitute the core membership of the national minority consultative
council at State level. This method conforms to good practice and places the
burden of selection on the minorities themselves.
VI. Working Methods and
Resourcing
The Advisory Committee has
criticised the failure of consultative councils to meet regularly and offer
frequent consultation and dialogue on issues pertaining to national minorities.[28]
Accordingly, there is an expectation of significant and substantive use of
minority consultative processes.
Ordinarily, consultative bodies with
dominant or significant minority representation will be in charge of
determining their own working procedures. In some instances, governmental
decrees establishing the mechanism will provide for procedural guidance.
Generally, such documents will assign the chairmanship of the body to a senior
governmental representative. Where consultative mechanisms at the State level
are concerned, this will often be a minister or a senior representative of the
Prime Minister or President. In such instances, it is good practice to ensure
that at least the deputy chair is assigned to a minority representative. It is unusual
that a more detailed working practice, such as the setting up of working groups
within a consultative council, is anticipated in a decree (
Where working procedures are
established by government, and there is strong governmental representation on
the consultative council, it is also good practice to ensure that these
procedures focus on ensuring that genuine minority consultation takes place.
For instance, such procedures will ensure that individual members can propose
items for consideration for the agenda and that minority representatives can
force inclusion of such items on the agenda. Minority representative groups
will also have the right to offer information surveys, experts they may
nominate, and any other sources of information they deem relevant for the
consideration of the council.
There should also be provision for
transparency of the work of the council. While it may sometimes be necessary to
agree confidentially for the consideration of specific items, good practice
revealed in the questionnaires and other documents indicates that the outcome
of all deliberations should be public. There should be provision for regular
press briefings, and for dissemination activities relating to the work of the
council.
Minority consultative bodies will
generally establish for themselves a work programme. This programme should in
itself be the result of consultation and consensus among the membership, rather
than simply reflecting the priorities of the government of the day. Work
programmes will generally cover a review of legislative provision on a
nominated issue area, suggestions for improvements in that area, needs
assessments, programming and programme evaluation action, and dissemination
activities. These steps will normally be accompanied by an agreed set of
milestones of achievement that is envisaged, and projected dates for such
achievements.
Many minority representative
councils will organize themselves into working groups that function under the
authority of the overall consultative council. These working groups carry out
the more detailed work according to the work programme they may have drawn up
for approval by the plenary. Good practice requires that steps are taken to
ensure that smaller minorities that may only have limited representation on the
overall minority council can fully contribute to the work of such working
groups.
Good practice revealed through the
questionnaires would also indicate that the decision-making process of minority
consultative bodies should be arranged in a way that dominance by governmental
representatives is precluded. Accordingly, where minority representatives are
not in the majority on the consultative council, they should have the ability
to inhibit decisions to which a significant number among their ranks objects.
However, it is general practice to make special provision for decisions that
have resource implications beyond those means that have been assigned to the
council in the State, regional or local budget for disposition within its
regular mandate. Similarly, it is clear that consultative councils cannot take
decisions that are ulta vires of the
functions or mandate granted to them in their constituent instruments.
An important element for the
credible working of consultative council is that their advice or decisions are
actually acted upon, or at least taken into consideration by the relevant State
bodies. Where the decision does not follow the advice given, it is to be
expected that this fact is at least explained by the relevant State body.[29]
The effective functioning of these
bodies will require that they have adequate resources.[30]
Some may be weary of governmental funding for minority groups, fearing that
this may reduce their independence from government. However, it is a positive
duty of government to offer financial support in order to generate an
environment where full and effective participation of minorities in public life
can take place. Such funding must be given unconditionally. Accordingly, it is
for the government to ensure that funding decisions are not used in a way that
might give the appearance of wishing to stifle genuine minority representation.
As was noted above, good practice would place some decisions on the allocation
of funds in the hands of the minority councils themselves.
Funding should be available for
three areas: (a) the infrastructure costs for the functioning of the
consultative council itself, and (b) funding for projects and activities that
the consultative council is charged with implementing (c) financing for
minority representative groups and association that is channelled through the
minority consultative council. In a few instances, it is to be noted that
minority consultative councils have been unable to function effectively, as
there has not even been made provision for the minimum infrastructure necessary
for the operation of the council itself. Programme funding, too, is often very
limited indeed, and on some occasions, funding that may have been budgeted was
not actually disbursed. This reduces the credibility of the relevant
consultative body.
Where decisions about the funding of
minority representative organizations and associations are taken by the
relevant consultative council, good practice requires that particular care is
taken to ensure transparency in the decision-making process. There should be
objective criteria for judging funding applications. Where some of the
potential recipients are represented on the council, while others are not,
conflict of interest provisions need to be complied with. An appeals procedure
should be available.
VII. Conclusion
The legal obligation to provide for
effective participation of minorities in public life is now firmly entrenched
in minority rights. While effective participation includes many aspects,
including those relating to direct participation of minorities in the
decision-making processes of the State, this also includes provision for
minority consultative mechanisms. Where minorities do not have access to points
of decision-making in areas of special relevance to themselves in the
legislative, governmental or administrative process, the requirement for
effective consultation mechanisms is particularly pronounced.
Minority consultation can no longer
be achieved through the adoption of one single mechanism. Instead, each State
needs to consider, in cooperation with minority representative groups, a whole
menu of steps that needs to be taken to ensure effective participation through
consultative mechanisms. This relates to vertical mechanisms covering all
layers of governance in the State, from the national to the regional and the
local. In addition to general mechanisms covering all aspects of minority
interests, special, issue specific mechanisms are now also becoming a standard
feature, in particular in the areas of education, languages and culture. Moreover,
where particular minority groups are subject to structural exclusion, either
generally or in relation to certain issue areas, it is appropriate also to
establish consultative bodies focusing particularly on that group.
The Advisory Committee on the Framework
Convention for the Protection of National Minorities has, through its
individual opinions, identified a number of elements of good practice. This
guidance is already reflected in a significant examples of practice offered in
the replies of governments to the questionnaire.
First, good practice suggests
entrenchment of the principal minority consultative mechanisms (for instance,
those operating at the national level) in the constitution or in primary
legislation. Principal regional mechanisms in regions where minorities live can
be similarly anchored in the constitutions of constituent republics in the case
of federations, or in regional statutes. Provision of local consultative
mechanisms can be best made in the State-wide provisions on local governance,
where these exist.
It is important not to confuse
between governmental coordination bodies and minority consultative bodies.
Coordination bodies will mainly consist of governmental representatives. They
will operate under a procedure established by the relevant governmental
agencies and may be chaired by governmental officers. Minority representative
groups will often be invited to participate in the proceedings. However, their
role appears subordinate to the aim of inter-ministerial coordination. Genuine
minority consultative bodies, on the other hand, have a wider mandate. Their
membership will typically be dominated by representative of minority groups,
nominated by the respective minority representative groups. Access to true
minority consultative processes should be available to all relevant groups,
whether or not these are recognized specifically as national minorities by the State
in question.
This study has identified, on the basis of the
practice reported by governments and of the guidance contained in the OSCE Lund
Recommendations and the official Explanatory Report that accompanies the
Framework Convention for the Protection of National Minorities, a broad range
of functions of minority consultation. First, these relate to the organization,
mobilization and governance of minority communities themselves. Second, they
concern participation in legislative projects at the national, regional and
local level. Third, they concern participation in programming, programme
monitoring and evaluation. Finally, they concern effective participation in the
development of, and reporting to, international legal instruments and
mechanisms of relevance to minority communities.
Where working processes are
concerned, genuine minority consultative arrangements, even those with sizeable
participation of governmental representatives, will provide for the right of
initiative on the part of minority representatives. Often, minority
consultative bodies will be able to work in an atmosphere of consensus. Where a
decision needs to be taken, good practice would suggest that the minority
representative should have the possibility of obtaining it within the
established mandate of the respective consultative body. Individual minority
representative groups, as well as governmental representatives, should have the
opportunity to dissociate themselves publicly from decisions they have been
unable to support. The work and decisions or recommendations of minority
consultative bodies should be transparent and communicated to the general
public.
Funding for minority consultative
bodies needs to be established to facilitate the effective functioning of the
respective mechanism. This concerns not only technical services, such as
meeting costs, secretariat and dissemination. Minority consultative bodies may
require resources for capacity building for its member organizations, including
especially on programming, programme monitoring and evaluation. Provision may
need to be made for the acquisition of external expertise, for research and
surveys, in particular where needs assessments are concerned. Where minority
consultative bodies decide upon the apportionment or use of public funds for
minority communities or for projects that aim to benefit them, a formal budget
should be publicly generated in advance, in consultation with the relevant
groups, at the time of the drawing up of the State, regional or local budget.
VIII. Possible Further Steps
- DH-MIN may wish to consider whether it
would like to encourage the States that have not yet offered replies to
the questionnaires to do so, and to have their responses reflected in this
study.
- DH-MIN may wish to seek further views form
civil society organizations and minority representative groups in relation
to their experiences with the functioning of minority consultative
mechanisms, either generally, or in relation to States of which they have
particular knowledge. After these views have been digested, a broader
exchange between DH-MIN and such organizations might be envisaged.
- DH-MIN may wish to consider what steps
might be taken to encourage States to enhance minority consultative
processes and mechanisms in terms of comprehensive provision as may be
suitable in individual circumstances and in terms of effectiveness of the
consultative process.
- For instance, DH-MIN might consider
whether it might be useful to invite governments to hold a seminar with
the relevant minority representative groups, to review jointly the
experience of consultation gained thus far and to agree further steps that
might be taken to enhance consultation. The results of such seminars might
be considered by DH-MIN.
- It is, of course, clear that there is not
one single recipe for effective consultation. Instead, each national
system of consultation needs to be fashioned in accordance with the
specificity of the situation. Nevertheless, given the breadth of
consultation needs and mechanisms identified in this study on the basis of
the replies furnished by government, one might also generate a matrix of
situations that would typically suggest the need for consultative
mechanisms at the different levels of the State, and indicate what types
of mechanisms have been found useful in addressing such needs.
- DH-MIN may wish to consider whether it
would be useful to advance upon this study by highlighting in greater
detail individual aspects of good practice as it may relate to
establishment, mandate, membership and working process of the various
different types of minority consultative mechanisms that have been
identified. On this basis, a guide to good practice might be generated and
published.
- In the longer term, it may be possible to
generate a web-based resource, offering guides to good practice, examples
of legislation, sample processes for the selection of representatives of
minority consultative councils, examples of working methods, and other
tools.
- The Council of Europe might also consider
whether it should support an initiative from minority representative
groups to draft their own guide to good practice relating to transparency,
democracy and genuine representativeness in relation to minority
consultative processes.
Appendix: Synopsis of the replies to the questionnaire on consultation
arrangements concerning national minorities
Azerbaijan
|
Establishment |
In 1991 the
Service Adviser on inter-nations relations established – in 1993 extending
its mandate to become the Service of State Adviser on National Policy of the In 2005 the Service of State Adviser on the work with National Minorities and Religious Associations established. A Council for National Minorities (chaired by the State Adviser on National Policy) was set up in 1993 as a consultation structure for national minorities and authorities. However, this body has not been convened in recent years and does not at present constitute a forum for regular and frequent consultation and dialogue for issues pertaining to national minorities. |
|
Location |
-Status of a public body. -Is a structural part of the Presidential Apparatus and operates at a central level |
|
Minority Composition |
-Social Organization of Solidarity “Sodrujestvo” representing all national minorities. -Azerbaijan National Federation of NGO’s with National Minorities Sector. -National-cultural centers. |
|
Minority Representation |
-No minority representative but functions in close cooperation with representatives of national minorities, including them in the decision-making process. |
|
Governmental Representation |
-State officials |
|
Leadership |
-State officials |
|
Procedure |
-Documents/proposals are submitted to the President of the State for approval. |
|
Mandate |
“Established to take part in the preparation of unique State policy on providing the protection of national minorities and tolerance” -Drafting documents/proposals/legislation on state policy on national minority issues. -Coordinating/monitoring the work of central/local authorities as well as state agencies -Cooperating with NGO’s and IO’s |
|
Advisory Function on Programming |
-No local advisory bodies -No advisory bodies at the same level. |
|
Law-Making |
|
|
Executive Functions |
-State budget is the source of funding. |
|
Special Features |
|
Bosnia Herzegovina
|
Establishment |
By Law on
Protection of Rights of National Minorities (“Official Gazette of BiH no.
12/03) from In the BiH legal system, two institutional forms of assembling of national minorities are anticipated, connected to governmental institutions: 1. The Council of National Minorities of BiH, as a separate advisory body within the Parliament Assembly of BiH. 2. The Council of Ministers Roma Advisory Board, an independent working body with advisory character was established in 2001 by the act of Council of Ministers. |
|
Location |
|
|
Minority Composition |
1. The Council of National Minorities will be composed of one representative from each group of the national minorities, listed in Article 3 of the Law on Protection of National Minorities. 2. The Roma Advisory Board in BiH consists of 18 members: 3 members from the level of joint institutions of BiH, 3 members from the level of each entity and 9 appointed Roma representatives.
National minorities in BiH shall have also the right to be represented in the bodies of public authorities and other civil services at all levels, proportionally to their share in the population in BiH in accordance with the last census.
|
|
Minority Representation |
|
|
Governmental Representation |
1. The Council of National Minorities of BiH can nominate an expert in the work of the Constitutional-Legal Commission and the Commission for Human rights in both Houses if the Parliamentary Assembly of BiH.
|
|
Leadership |
|
|
Procedure |
|
|
Mandate |
1. The Council of National Minorities of BiH, after being established, will give its opinions, consultations and recommendations to the Parliamentary Assembly of BiH about all issues related to rights, statutes and national minority interests. It also has received the rights to monitor the implementation of the Action Plan (on educational needs of Roma and other national minorities adopted by cantonal Ministers of Education). 2. The Roma Advisory Board in BiH makes recommendations and gives its opinion on issues concerning national minorities in BiH, particularly Roma. The Council can establish permanent or periodical commissions, working groups or expert teams for some issues or problems. |
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
|
|
Special Features |
|
Bulgaria
|
Establishment |
1. National council for Cooperation on Ethnic and Demographic Issues (NCCEDI) at the Council of Ministers (CM) supported by a special Directorate “Ethnic and Demographic Issues” within the CM administration. 1.1 Commission on the Integration of Roma (within the NCCEDI) Both are established under Decree No. 333/10.12.2004 issued by the Council of Ministers and are state-cum-public bodies. 2. Center for Educational Integration of Children and Pupils Belonging tot Ethnic Minorities (under the supervision of the Minister of Education and Science) is set up under the CM Decree No. 4 /11.01.2005 is a governmental/departmental structure. 3. The Department for Spiritual Development and Cultural Integration (within the Directorate for Secondary Education and the Ministry for Education and Science) is a governmental/departmental structure. 4. The Public Council on Cultural Diversity (within the Ministry of Culture) is a state-cum-public body 5. The Roma Public Council on Culture (within the Ministry of Culture) is a state-cum-public body. 6. The Commission on Human Rights (within the National Police Service) is a governmental/departmental structure. Points 3, 4, 5 & 6 are created under the CM Decrees adopting the Regulations of the relevant ministries.
|
|
Location |
|
|
Minority Composition |
|
|
Minority Representation |
1. The NCCEDI consists of representatives of 14 ministries and 6 state agencies, of associations of Bulgarian citizens belonging to ethnic minorities, and of other non-profit organizations working in the area of inter-ethnic relations. - The associations of persons belonging to ethnic minorities, which are willing to be represented at the Council, submit a formal application with a court certificate of current status and meet specified conditions. 1.1 The members of the NCCEDI, representing the public authorities, are also members of the Commission for the Integration of Roma. The Commission also consists of representatives of the associations of persons, belonging to the Roma community who have accepted to be presented in the Council. |
|
Governmental Representation |
1. The Secretary of the NCCEDI is a high-level civil servant at the Directorate. |
|
Leadership |
|
|
Procedure |
1. The Council meets at least once every 3 months, and the meeting is called by the Chairperson or upon a request of at least one third of its members. Decisions are taken by voting (2/3 majority of the members present at the meeting). The NCCDEI submits an annual report on its activities to the CM. 1.1 The Commission on the Integration of the Roma uses the same working methods as NCCDEI. |
|
Mandate |
1. The NCCEDI, the Commission for the Integration of Roma perform consultative and coordinating functions, supporting the cooperation among the public authorities, the association of Bulgarian citizens belonging to various ethnic minorities, working in the area of inter-ethnic relations and/or democratic development. |
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
1. The obligation to provide financial assistance through the state budget lies within the Directorate of Ethnic and Demographic Issues within the CM administration, which, with staff of 20, supports organizationally and technically the NCCEDI and assists the Chairperson of the Council. |
|
Special Features |
|
Croatia
|
Establishment |
1. The Council for
National Minorities of the 2. In units of regional and local self-government, national minority councils are elected at county, town and municipality areas on the basis of the Constitutional Law. |
|
Location |
1. The Council for National Minorities at the state level is an independent body, which has its own statute. The statute contains detailed provisions on the scope of activities and organization of work of the Council. 2. National minority councils are not-for-profit legal persons. They acquire the status of a legal person by registration in the Register of National Minority Councils. |
|
Minority Composition |
The advisory bodies are composed only of members of national minorities. |
|
Minority Representation |
1. Members of the
Council for National Minorities are appointed by the Government of the - 7 members of national minorities – from among the persons proposed by national minority councils. - 5 members of national minorities – from among the persons proposed by minority councils. - Representatives of national minorities in the Croatian Parliament. 2. Ten members belonging to national minorities are elected to the national minority council of a municipality, fifteen members to the national minority council of a town and twenty-five members to the national minority council of a county. When at least 100 members of a national minority live in the area of a self-government unit, a minority representative is elected for the areas of this self-government unit. Members of national minority councils and representatives of national minorities are elected directly, by secret ballot, for a period of 4 years. |
|
Governmental Representation |
1. Members of the Council include MPs representing national minorities. |
|
Leadership |
|
|
Procedure |
1. The Council for
National Minorities at State level adopts decisions on the distribution of
funds provided from the state budget for the needs of national minorities. The Council also cooperates with the Office
for National Minorities of the Government of the |
|
Mandate |
1. The Council of
National Minorities was established to ensure the participation of national
minorities in the public life of the |
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
1. The Council
informs the Government of the 2. The resources for the work of bodies at local and regional levels are provided by local and regional government and self-government units. The resources for the work of national minority councils are provided by the units of local self-government and they include both the funds for the performance of administrative work and the funds for the implementation of activities set out in the programs of work of national minority councils. |
|
Special Features |
|
|
Establishment |
The Permanent Secretary of the Ministry of Interior acts as the Coordinator of the various Ministries involved with matters concerning the religious groups. The basic task of the Permanent Secretary of the Ministry of Interior, in this capacity, is to examine all issues on a case-by-case basis and to facilitate their implementation.
|
|
Location |
|
|
Minority Composition |
|
|
Minority Representation |
|
|
Governmental Representation |
The Permanent Secretary of the Ministry of the Interior acts as the Coordinator. A Senior Officer acts as Deputy Coordinator and an Administrative Officer acts as Secretary. |
|
Leadership |
|
|
Procedure |
Maters of concern to the religious groups are discussed thoroughly in meetings chaired by the Coordinator and sometimes by the Minister of Interior, in the presence of representatives from all relevant Ministries, with a view to promote and effectively deal with them. |
|
Mandate |
The Ministry of Interior, being the competent Ministry for the protection of the religious groups, has demonstrated sensitivity on the subject and continues to do so by subsidizing, monitoring and supporting matters of concern to the religious groups. |
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
|
|
Special Features |
The representatives of the religious groups consider that there is excellent cooperation between the Permanent Secretary of the Ministry of Interior and the Maronite, Armenian and Latin Representatives on issues relating to their respective religious group. The Government of Cyprus, up to now, has not considered the matter of setting up any other body or forum for this purpose, as it has never been raised officially or appeared as necessary. |
Czech Republic
|
Establishment |
1. Government Council for National Minorities was established in 2001 by the government pursuant to Act No. 273/2001 Col., on Rights of Members of National Minorities and Amendment to Certain Acts. 2. Council of the
Government of the 3. The duty to establish the Advisory Board of the Minister of Culture, Advisory Board of the Minister of Education, Youth and Sports is not explicitly prescribed by any law. These boards were established as a result of a review of needs of members of national minorities and efforts of the relevant ministries to provide assistance in safeguarding their rights. 4. Grants Commission of the Ministry of Culture - Commission for the Program of Support of Dissemination and Receipt of Information in Languages of National Minorities - Commission for the Program of Support of Cultural Activities of Members of National Minorities - Commission for the Program of Support of the Integration of the Roma Community - Grants Commission of the Ministry of Education, Youth and Sports for the Program of Support of Education in Languages of National Minorities and Multicultural Education. are established under Government Regulation No. 98/2002Coll. At the regional level: 5. Regional Committee for National Minorities, established by the regional council (in 4 of 14 regions) is established by the regional council in accordance with Section 78(2) of Act No. 129/2001 Coll., on Regions (Regional Establishment), as amended, which stipulates that the committee is established by the region in whose territorial district there live, according to the last census, at least 5% of citizens declaring other than Czech ethnic origin. 6. Regional Roma Coordinator (in all 14 regions) pursuant to Section 6(7) of Act No. 273/2001 Coll., on Rights of Members of National Minorities and Amendment to Certain Acts, regional authorities manage and coordinate in their territorial districts, inter alia, the performance of the state policy tasks assisting in the integration of Roma community members into the society.
At the local level: 7. Committee for National Minorities, established by the community council (in 35 communities) in accordance with Section 117(3) of Act No. 128/2001 Coll. 8. Roma advisors at the local authorities. According to Section 8 of Act No. 273/2001 Coll., on Rights of Members of National Minorities, the post of Roma advisor is established by the Local Authority with Enlarged Competencies. |
|
Location |
The advisory bodies for affairs of national minorities are established within the public administration, which decides by itself how to use the recommendations of these bodies.
|
|
Minority Composition |
|
|
Minority Representation |
1. The Government Council for National Minorities – the statute of the Council stipulates that its membership consists of representatives of 12 national minorities. At least half of the total number of members of the Council are the representatives of national minorities who were nominated by the associations of members of national minorities (19 members) 4. The representatives of national minorities, nominated by the Council, must be represented in each grants selection commission that assesses projects focusing on activities carried out by or in favor of members of national minorities. Membership of committees at the regional and local levels always includes representatives of those national minorities whose percentage in the relevant community or region reaches the levels stipulated by law. |
|
Governmental Representation |
1. According to the Statute, membership of the Council includes representatives of state administration authorities. The Council has 31 members in total, 12 of which are the representatives of the bodies of public authority i.e. the Chairperson (appointed and recalled by the government based on the proposal of the Prime Minister), two Deputy Chairpersons and/or representatives from various ministries. 2. The Council of
the Government of the 4. Appointment of members in advisory bodies and grants commissions is based on internal instructions of the relevant ministries. Members of these bodies are appointed by the Minister. At the local and regional level, members of the committees or appointed by the local or regional council respectively. |
|
Leadership |
|
|
Procedure |
4. Grants Commissions meet according to grant schedules of ministries, at least once a year. The outputs of these meetings are recommendations for decisions taken by ministries on allocation of grants to projects within the relevant grant program. |
|
Mandate |
2. The principal aim of the Council is to promote integration of the Roma community into society. |
|
Advisory Function on Programming |
All of the foregoing authorities, whether state r local, hold the status of an advisory body to the relevant authority and have no executive or legislative powers. |
|
Law-making |
|
|
Executive Functions |
State administration authorities are funded from the relevant chapters of the State Budget. Regional and local authorities are funded from public budgets. |
|
Special Features |
|
|
Establishment |
1. The Liaison Committee concerning the German Minority was created in 1965. 2. A working group appointed in connection with the work of the Council of Europe’s language Charter set up in 2001. 3. The German Minority’s Secretariat in |
|
Location |
1. The Liaison Committee concerning the German Minority is a public body with advisory functions operating at the national level, but is not competent to make resolutions. 2. The working group is a public body with advisory functions and operates at the national level. It is not competent to make resolutions. It is an informal group with no actual decision-making powers.
|
|
Minority Composition |
|
|
Minority Representation |
|
|
Governmental Representation |
1. The Minister of
the Interior and Health chairs the Committee.
The Minister of Education is Deputy Chairman. The Committee is made up of a
representative of every party represented in Parliament and three
representatives of the German minority, who are appointed on the
recommendation of the minority’s political organization, “Bund deutscher
Nordschleswiger” (Federation of German North Schleswigers). The head of the German Minority’s
Secretariat in 2. The working group is made up of representatives from a number of ministries and the German minority. |
|
Leadership |
3. The German
Minority Secretariat in |
|
Procedure |
1. The agenda of
the meetings of the Liaison Committee has traditionally been established in
collaboration with the German Minority’s Secretariat in 2. Meetings are held as required but at least once every year. |
|
Mandate |
1. The Liaison Committee concerning the German Minority was created in order to assure German minority contact with the Danish Government and Parliament. In this forum, representatives of the German minority together with the Danish Government and members of the political parties represented in Parliament negotiate domestic policy affairs of interest to the minority. 2. The field of activity of the working group is wider than the Language Charter. It facilitates continuous follow-up and discussion of the implementation both of the Framework Convention and the Language Charter. 3. The German Minority
Secretariat in |
|
Advisory Function on Programming |
|
|
Law-making |
1. There is no legal obligation to consult the Liaison Committee concerning the German Minority in the legislative process and other public policy decisions affecting national minorities, but the Liaison Committee is involved if the minority wishes so. |
|
Executive Functions |
1. Any expenditure incurred in connection with the Committee’s activities is borne by the Treasury. 2. Any expenditure incurred in connection with the working group’s activities is borne by the Treasury. 3. The secretariat
is under the provisions of the Budget.
The Danish Government bears about half of the expenses connected with
the operation of the German Minority’s Secretariat in |
|
Special Functions |
The German minority has one seat on the county council of |
Estonia
|
Establishment |
1.The Presidential Roundtable on National Minorities. The first statute was adopted on 2. The Roundtable of National Cultural Societies under 3. Consultative Council of National Minorities of the City
of |
|
Location |
1. The Presidential Roundtable is a permanent body – an expert body and a chamber of representatives of national minorities – with advisory capacity operating under the auspices of the President of the Republic. 2. The Ida-Viruma Roundtabe was convened by the order of Ida-Virumaa County Governor. 3. The Consultative Council of National Minorities of the
City of
|
|
Minority Composition |
1. The Presidential Roundtable – the members are nominated by the President but they are independent in their activities. |
|
Minority Representation |
1. The expert body includes representatives of national cultural societies of national minorities and experts on national minorities. The chamber of representatives comprises approximately 140 representatives of national minority cultural and educational societies. Members include representatives of all national minorities organizations who wish to be represented. |
|
Government Representation |
1.The expert body comprises 23 people including representatives of all political parties represented in the Riigikogu (the Estonian Parliament) 2. Members are appointed by the Cultural Societies. The 3. The members are appointed by the City Government. |
|
Leadership |
|
|
Procedure |
1. Sessions held once every three months. The Roundtable can form working groups. It has in the past worked with committees of the Riigikogu and different ministries. The plenipotentiary of the President of the Republic may enlist the services of specialists and observers. |
|
Mandate |
1. Discuss issues of state/society and work out recommendations/proposals on: - stable democratic society - social-economic, cultural & legal problems - Estonian language/citizenship/remigration - Preservation of cultural/ethnic identity & minorities 2. Support and foster integration different nationalities
living in Ida-Virumaa into society.
Develops recommendations and/or proposals to public authorities at
regional/national level on educational & cultural life of minorities in 3. Advisory committee on minority issues in the City of
|
|
Advisory Function on Programming |
|
|
Law-making |
1. The chamber of representatives of national minorities meets once or twice a year and makes proposals to the expert body of the Roundtable. Their proposals/recommendations/statements are considered adopted when at least 2/3 of Roundtable members vote in favor. The expert body discusses and evaluates draft laws. Proposals/recommendations/statements concerning matters of political/public life are to be forwarded to the President. The Plenipotentiary of the President shall forward the proposals/recommendations to the Riigikogu (including individual commissions concerning those draft laws which are in their review) and to the Government of the Republic. |
|
Executive Functions |
1.Expenses connected with the operations of the Roundtable are covered by the Office of the President of the Republic and therefore the Government of the Republic, contributions from foreign countries and from domestic and international organizations as well as private donations.
|
|
Special Features |
|
Finland
|
Establishment |
- Constitutional arrangements based on legislation - Consultative bodies - Joint projects and boards that include members of the government, other authorities as well as minority representation. 1. Advisory Board on Human Rights 2. Advisory Board on Language Affairs 3. Advisory Board on Minority Issues 4. Advisory Board on Ethnic Relations 5. Advisory Board on Saami Affairs 6. Advisory Board on Romani Affairs 7. The Saami Parliament/Assembly 8. Association of Finnish Local & Regional Authorities 9. 10. The Orthodox Church in 11. Police Department of the Ministry of the Interior |
|
Location |
1.The Advisory Board for Human Rights has the status of a public body that in practice functions as an independent and consultative advisory body of the Ministry for Foreign Affairs (since 1988) 2. According to the Government Decree on the
Implementation of the Language Act (433/2004) the first Advisory Board of
Language Affairs was set up for the period from 3.The legal basis for The Advisory Board for Minority
Issues is the Act on the Ombudsman for Minorities and the Discrimination
Board and the Government Decree on the Ombudsman for Minorities. It is an independent public body that does
not make legally binding decisions.
The Board operates on a national level. The Board was set up for a term of 4. The Advisory Board for Ethnic Relations (ETNO) is an
expert body appointed by the Government for a 3-year term. ETNO comprises a national Advisory Board,
encompassing the entire 5. The Advisory Board for Sami Affairs was established in
1960 by a governmental degree for the
purpose of the reconciliation and consistent preparation of issues concerning
the Sami in 6. The Advisory Board on Romani Affairs was founded in 1956 – first under the name Advisory Board on Gypsy Affairs as a cooperation body between the Roma and the authorities. 7. The Saami Parliament is a public body with an autonomous status. It is independent in relation to public authorities ensured by the Constitution. |
|
Minority Composition |
|
|
Minority Representation |
1.Members of the Advisory Board for Human Rights are appointed by the government from the proposal of organizations upon the request of the Ministry of Foreign Affairs. -Currently there are 17 members of NGOs and political parties, 17 deputy members, 4 experts from academic HR institutes (appointed by Min. of Foreign Affairs) and a secretary (appointed by Min. of F.A.) -A Chairman and 2 vice-chairmen are chosen from among the members. 2. The Advisory Board of Language Affairs is appointed by the Government for a 4-year period. It is a permanent expert and drafting body. It is made up of: -Expert representatives from different sectors of society (judicial system, social welfare, health care, education) -2 permanent consultants -A representative of the office of the Ombudsman of Minorities -A representative of the Swedish Assembly of Finland (an
NGO that supports the Swedish language in -When dealing with issues concerning the Sami population, a permanent representative of the Sami Parliament is present. 4. The Advisory Board for Ethnic Relations has a chairman (the Permanent Secretary of the Ministry of Labor), 2 vice-chairmen (the Permanent Secretary of the Ministry of the Interior and a representative of immigrants) and a maximum of 29 other members and their personal deputies, of which at least 10 of each represent immigrants or ethnic minorities. - Parties represented in Parliament have 8 members and 8 deputies in the Advisory Board, and 4 of these have an immigrant background. - In all 51 officially registered associations, with a total of nearly 5,000 members, are represented in ETNO, either directly or through organizations.
5. There is a chairman (the Governor of Lapland County) and 12 other members on the Board, half of which represent the Sami and the other half relevant ministries (i.e. Agriculture, Justice, Interior, Education, Social Affairs, Health and Environment). The representatives of the Saami are nominated by the Sami Parliament. The whole body is appointed by the Government for a 4-year term. Each member has a similar status (one vote/one person).
6. The Government-appointed Advisory Board on Romani Affairs is linked administratively to the Department for Family and Social Affairs of the Ministry of Social Affairs and Health, for a 3-year term. The Roma Board includes a chairperson and vice-chairperson, and a maximum of 16 other members, half of which represent the Roma population and the other half represent the administrative sectors of the ministries. 7. For the tasks belonging to self-government, the Saami shall choose a Saami Parliament form among themselves at an election. A Saami may be a state official and a member of the Saami Parliament at the same time.
|
|
Governmental Representation |
2.Three civil servants of the Ministry of Justice act as secretaries of the Advisory Board for Linguistic Rights 3. The Advisory Board for Minority Issues comprises a chairman, vice-chairman and at least 14 other members, each of whom will have a personal deputy. These persons are all appointed by the Government, based on the proposals of their organizations, for a term of three years at a time. Members are state officials, social partners and representatives of national minorities and other human rights NGOs. The Ombudsman for Equality is entitled to participate in the work of the Advisory Board. 6. The General Secretary of the Board is a civil servant employed at the Ministry. 7. The Saami
Parliament is the official representative body of the Saami in |
|
Leadership |
1.The Advisory Board for Human Rights’ working committee (chair person, vice chairpersons and experts) decide on their own initiatives the topics and means of action. 4. All members of the Advisory Board for Ethnic Relations act on an equal footing in the Advisory Board. |
|
Procedure |
1.The Advisory Board for Human Rights meets once a month 2.The Advisory Board for Linguistic Affairs meets 4-6 times a year. 5. The Board for Sami Affairs meets approximately once or twice a year to handle different kind of issues with great importance to the Sami and Sami Homeland (i.e. land rights, traditional means of livelihood, linguistic or cultural issues etc.) 6. The Advisory Board convenes every other month, preparing matters to be brought up in meetings. It also established working groups and aims to organize 1-2 seminars annually, to which both authorities and representatives of the Roma population are invited. |
|
Mandate |
1.The Advisory Board for Human Rights provides a channel for contacts between the Ministry and NGO’s and political parties. It is focused on inserting the view of the civil society, including minorities, to the decision making of the government. 2.The Advisory Board for Language Affairs assists the Ministry of Justice in monitoring the enforcement and application of the Language Act, drafts proposals (other than legislative), assists the Government in the preparation of the report to Parliament and prepares recommendations for authorities. The Advisory Board can also: -Take part in monitoring and drafting of legislation concerning languages other than Finnish and Swedish. -Monitor international development & cooperation -By its own initiative, prepare recommendations -Take initiatives to advance linguistic rights and secure equality 3.The Advisory Board for Minority Issues assists the Ombudsman for Minorities in promoting issues concerned with the prevention, monitoring and surveillance of ethnic discrimination and enhancing the cooperation between the different authorities (however it does not investigate individual discrimination claims). Further provisions on the duties, composition and work of the Advisory Board are laid down by Government decree. 4. The Advisory Board for Ethnic Relations promotes interaction between authorities, NGOs, parties represented in Parliament, immigrants and ethnic minorities. 5. The Advisory Board for Sami Affairs follows development of circumstances with regard to legal, economical, social and health issues and employment of the Sami ad how the goals of regional politics have been implemented in the Sami Homeland. 6. The Advisory Board on Romani Affairs’ focus of work is aimed on domestic activities aimed at promoting equal opportunities of the Roma population to participate in society as well as their economic and social position and their culture. 7. The Saami Parliament looks after the Saami language and culture as well as matters related to the status of the Saami people as an indigenous people. |
|
Advisory Functions on Programming |
1.The Advisory Board for Human Rights monitors the Government’s HR policy and actively contributes to its formulation by expressing its opinion on policy issues, legislative reforms and periodic draft reports. It also promotes research and education in the field. 2. The Government reports to Parliament each electoral period on the application of language legislation/securing of linguistic rights etc. – that report is prepared by the Ministry of Justice. According to the Constitution, the Chancellor of Justice of the Government and the Parliamentary Ombudsman have a duty in supervision of legality. 4. The Advisory Board for Ethnic Relations works in connection with the Ministry of Labor. It has a Work Division that is responsible for coordination, preparation and drafting of statements/documents. 5. The Board may take initials, make proposals and give statements to the Government, ministries and other authorities, but it is not a consultative body. 6. The Advisory Board is consulted as an expert body in Parliament when it deals with Romani affairs. 7. The Saami Parliament’s advisory and consultation mechanisms operate in central, regional and local levels and may include international dimensions. It may make statements, initiatives and proposals to the authorities. The Saami Parliament can also be an initiator. |
|
Law-making |
|
|
Executive Functions |
3. Activities and expenses of the Advisory Body are financed by the state. Necessary resources are reserved in the budget and in the administrative sector of the Ministry of Labor. 4. In the budget of the Ministry of Labor for 2005, an approximation of 30,000 Euro is allocated to the Advisory Board for Ethnic Relations (a portion of which goes to the regional Advisory Boards) 6. The appropriation for the activities of the Advisory Board on Romani Affairs is included in the State budget. 7. In the State Budget there are appropriations for the Saami purposes – under the Ministry of Justice and under the Ministry of Education. |
|
Special Features |
5. The authorities have a statutory obligation to negotiate with the Sami Parliament which diminishes the importance of the Board. |
Germany
|
Establishment |
1. Consultative Committee on Issues concerning the Danish Minority at the Federal Ministry of the Interior - based on rules of procedure. 2. Consultative Committee on Issues concerning the Serbian People at the Federal Ministry of the Interior - based on their rules of procedure. 3. Consultative Committee on Issues concerning the Frisian ethnic group at the Federal Ministry of the Interior – based on their rules of procedure. The legal basis for each of the above-mentioned Consultative Committees is rules of procedure drafted by the Federal Ministry of the Interior in consultation with the organizations of the persons affected. 4. Implementation of conferences on the Framework Convention for the Protection of National Minorities and the European Charter for Regional and Minority Languages are based on administrative praxis. 5. German Bundestag working group on national minorities On the regional level: 6. Council for
Sorbian (Wendish) Affairs at the state parliament (Landtag) of 7. Council for
Sorbian Affairs elected by the state parliament (Landtag) of 8. Advisory body
for issues concerning the Frisian ethnic group in the ‘ 9. Commissioner of the Minister-President of the Land of Schleswig-Holstein for Minorities and Culture – the office of Commissioner for Minorities is based on a decision of the Minister-President. |
|
Location |
All of the bodies (1-5) that function at the central federal level are advisory bodies in which parliamentary and government representatives meet with representatives of the minorities’ NGOs. 6. The Sorbian Council is a body under public law and operates at the central level. 7. The Council for
Sorbian Affairs is an advisory body elected by the 8. The Frisian advisory body has an advisory status and operates at the level of the state parliament (Landtag).
9. The Commissioner for Minorities is an honorary office whose holder is chosen by the Minister-President and operates at the central state level (Minister-President’s office). |
|
Minority Composition |
1. Consultative Committee on Issues concerning the Danish Minority at the Federal Ministry of the Interior is composed of minority, government and parliamentary representatives. Each group chooses its own representatives 2. Consultative Committee on Issues concerning the Serbian People at the Federal Ministry of the Interior is composed of minority, government and parliamentary representatives. Each group chooses its own representatives. 3. Consultative Committee on Issues concerning the Frisian ethnic group at the Federal Ministry of the Interior is composed of minority, government and parliamentary representatives. Each group chooses its own representatives. 4. Implementation of conferences on the Framework Convention for the Protection of National Minorities and the European Charter for Regional and Minority Languages are composed of government and minority representatives. The federal and state governments and minority organizations each chose their own representatives. 5. German Bundestag working group on national minorities is composed of minority, government and parliamentary representatives. The rules of procedure (currently being drafted) will provide for the same number of representatives for the minorities and the Bundestag. The minorities will also choose their own representatives. 6. The members of the Sorbian Council are supposed to e members of the Sorbian people. Members of parliament, ministers and administrative personnel take part in Sorbian Council meetings in an advisory capacity. Under the current rules, the Sorbian associations propose candidates for the Sorbian Council and the state parliament elects the members. 7. In accordance with the right of proposing candidates, the Council is usually composed of representatives of the national minority. However, other representatives, such as area specialists, could also be proposed as candidates. 8. The advisory body is made up of members of the parliamentary groups and the SSW, members of the Bundestag, the Minister-President’s Commissioner for Minorities, a representative of the state government and representatives of the Frisian Council, North Section. The president of the state parliament is the chair. The parliamentary groups in the state parliament and the Bundestag choose their representatives; the Frisian ethnic group chooses its own representatives. 9. The Commissioner for Minorities is one individual. |
|
Minority Representation |
1. Consultative Committee on Issues concerning the Danish Minority at the Federal Ministry of the Interior represents one minority. 2. Consultative Committee on Issues concerning the Serbian People at the Federal Ministry of the Interior represents one minority. 3. Consultative Committee on Issues concerning the Frisian ethnic group at the Federal Ministry of the Interior represents one minority. 4. At the
Implementation of conferences on the Framework Convention for the Protection
of National Minorities and the European Charter for Regional and Minority
Languages, the same number of representatives are invited from each national
minority in 5. In the German Bundestag working group on national minorities, the four national minorities are to have the same number of representatives. 7. The Council for Sorbian Affairs represents only one minority. 8. The Frisian advisory body represents only the Frisian ethnic group. |
|
Governmental Representation |
6. The Sorbian Council and its members are independent. The members are elected for the same legislative term as the state parliament. 7. By its nature,
the Council is independent. It is
elected by the 8. The Frisian advisory body is a state parliamentary body. Bundestag members are represented in the body. 9. The Minister-President chooses a Commissioner for Minorities to advise him/her on minority affairs. The status of the office is based on this fact. It is not part of the state administration but works with it on minority issues. |
|
Leadership |
|
|
Procedure |
In bodies 1-5, current issues are discussed in these bodies on the basis of an agenda compiled by the participants and decisions taken as needed on the principle of consensus. 6. The Sorbian Council is to have access to the parliament’s advisory materials. Members of the Sorbian Council have the right to take part in meetings of parliamentary committees in an advisory capacity. Comments of the Sorbian Council regarding draft legislation, petitions or proposed resolutions are to be placed on the agenda of the relevant committee. It functions mainly according to the same principles as a state parliamentary committee. 8. As a rule, the
Frisian advisory body meets twice a year: once in 9. the Commissioner for Minorities advises the Minister-President on concerns related to minority policy. The Commissioner is a member of the Frisian advisory body and represents Schleswig-Holstein in the Consultative Committees of the Federal Ministry of the Interior. |
|
Mandate |
8. The Frisian advisory body regularly discusses all issues concerning the Frisian ethnic group in Schleswig-Holstein with the aim of preserving and promoting the Frisian language, culture and education. |
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
For the bodies 1-3, the Federal Ministry of the Interior provides a secretariat for the Consultative Committees. 4. The Federal Ministry of the Interior organizes the conferences and reimburses the travel expenses for those minority organizations that do not receive public funding. 5. The details will be specified in the future rules of procedure. 6. Members of the
Sorbian Council are unpaid; they receive a compensation allowance. The state parliament administration
provides support for the Sorbian Council (Section 90 of the Rules of
Procedure of the 7. Council members receive compensation form the State Ministry of Research and Art. 9. The Commissioner for Minorities is unpaid and receives a compensation allowance paid from the state government’s budget. |
|
Special Features |
|
Hungary
|
Establishment |
1. National
self-governments of the national and ethnic minorities living in 2. Inter-ministerial Committee on Roma Issues was established by a Government Decree 1048/1999 (V.5) 3. The Council for Roma Issues was established by Government Decree 1140/2002 (VIII.12.) 4. Sector bodies were created as consultation forums between line ministries and minority leaders. These Minorities’ advisory bodies set up for co-operation and consultation with some ministries i.e. - The National Minorities Committee in the Ministry of Education (operating on a normative basis – its legal framework stipulated in Act No LXXIX of 1993 on Public education) - The Cultural Council of Minorities in the Ministry of National Cultural Heritage -
The |
|
Location |
|
|
Minority Composition |
2. Inter-ministerial Committee in Roma Issues has a mixed structure with state officials and Roma representatives, affecting only the Roma minority. 3. The Council for Roma Issues has a mixed structure with experts and Roma representatives, affecting only the Roma minority. It is headed by the Prime Minister. Approximately half of its twenty-one members are Roma politicians, activists and NGO leaders. |
|
Minority Representation |
4. The Sector Bodies are also of mixed structure with state officials and involving the representatives of all minorities. All thirteen minorities are represented in the bodies (delegated by the national minority self-governments), and the co-chair respectively the co-vice-president of the body is also a minority leader. |
|
Governmental Representation |
2. The President of the Committee is the Minister of Youth, Family and Social Affairs and Equal Opportunities. |
|
Leadership |
|
|
Procedure |
2. The Committee meets at least four times a year and the representatives of the ministries are bound to report on the fulfillment of their obligations. The President of the National Roma Self-government is invited as a permanent guest to the sessions of the committee, voicing opinions on the measures and their implementation. |
|
Mandate |
1. Minority self-governments have the rights enshrined in law allowing them to make decisions in their own spheres of authority on the foundation – where self-governments become fully responsible for minority educational and cultural institutions. 2. The Inter-ministerial Committee on Roma is aimed at promoting the social inclusion f the Roma and facilitating the coordinated implementation of the medium-term governmental measures aimed at improving the living conditions and the social status of the Roma population. 3. The Council for Roma Issues is aimed at improving the enforcement of Roma interests in governmental activities. The Council is a consultative body entitled to voice opinions, give advice an to put forward proposals concerning legal regulations and measures directly affecting the living conditions and the social status of the Roma population. It participates in the development of the governmental Roma strategy. |
|
Advisory Function on Programming |
1. As partners of legislative and state administrative bodies, national minority self-governments are consulted in issues concerning the minorities they represent. They have consultation rights in draft legislation whenever minorities are concerned. They have the right to veto in legislation concerning the protection and the preservation of traditional historical minority settlements, architectural monuments as well as issues concerning the core teaching material used in minority public education. 4. The National Minorities Committee is the advisory body to of the Minister of Education in all issues related to minority education. The Ministry is obliged to consult the committees before any book compiled for minority education purposes is officially qualified as a schoolbook. The other 2 bodies; The Cultural Council of Minorities and
the |
|
Law-making |
1. Self-governments do not have the powers of authorities and the local municipal governments are not allowed to grant any regulatory competencies to minority self-governments. |
|
Executive Functions |
|
|
Special Features |
|
Lithuania
|
Establishment |
The Council of National Communities functioning under the
authority of the Department of National Minorities and Lithuanians Living
Abroad to the Government of the Republic of Lithuania (DNMLLA) is the major
advisory body implementing the state policy on the issues of national
minorities. It was established on |
|
Location |
The Council of National Communities is a public institution that possesses no juridical status. A consultative function being implemented by the members of the Council of National Communities is performed at central administration level. |
|
Minority Composition |
The seats in the Council are allocated according to the size of the minority: minority communities of 100.000 members or more are given 3 seats, communities with 10.000 – 100.000 are given 2 seats and communities with less than 10.000 members are given 1 seat. |
|
Minority Representation |
The Council of National Communities is currently composed
of representatives of all officially registered national minority
organizations (26) in |
|
Governmental Representation |
|
|
Leadership |
|
|
Procedure |
The Council of National Communities submits an urgent problem or question to any state institution in a written form. In case a question requires certain law amendments to be made, it is then betaken with members of the Parliament, generally with members of a particular Parliamentary Committee. |
|
Mandate |
The Council of National Communities: - executes the role of an expert and adviser on strategic issues on culture and politics of national minorities. - Safeguards protection of national minority identity - Cultivates national tolerance and to execute the role of a mediator in dispute situations - Encourages minorities to participate/integrate themselves in the public and cultural life in the country. -
Analyze draft laws and other legal acts
related to national minority policy, put forward recommendations and
proposals to the Seimas (Parliamentary) Committee, the President, the
Government and the Department of National Minorities and Lithuanians Living
Abroad to the Government of the
|
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
|
|
Special Features |
Representatives of national minorities who won the mandate to the Parliament do not participate in the Council of National Communities; however, under the regulations of the Council, any member of a political party is entitled to the right to be elected into the Council of National Minorities. |
Moldova
|
Establishment |
The Coordination Council of the Public Ethno-Cultural
Organizations under the Bureau of Interethnic Relations was created in
accordance with the law of The statute of the Council is stipulated in both the Articles 25 para 2 of the Law and the Charter of the Council, approved by the Bureau of Interethnic Relations. |
|
Location |
The Coordinating Council of the Public Ethno-Cultural Organizations under the Bureau of Interethnic Relations is a non-governmental branch organ. |
|
Minority Composition |
|
|
Minority Representation |
According to the latest data of 01.01.2005, there are 85 republican ethno-cultural organizations of the national minorities under the Bureau of Interethnic Relations, registered by the Ministry of Justice, who can and do attend the Council’s activities. Within the Council, there are representatives of 21 national minorities. |
|
Governmental Representation |
|
|
Leadership |
Leaders are the representatives of the public
ethno-cultural organizations of national minorities from the - Head-coordinators/leaders or leaders deputies (no more than one person chosen annually) of the public organizations of national minorities with republican statute, registered in accordance with the legislation in force, accredited under the Bureau. - General director and other representatives of the Bureau of Interethnic Relations (one person) The Secretary of the Council is appointed by the office workers of the Bureau. The ruling Committee consists of 17 persons and is the elective working body of the Council. |
|
Procedure |
The Bureau of Interethnic Relations organizes the sessions of the Council, sets up the necessary acts and fulfills the approved decisions. |
|
Mandate |
The Council is a public consultative organ, which promotes
its activity in accordance with the general principles of the state policy
concerning interethnic relations, based on the Constitution of he
|
|
Advisory Function on Programming |
The consultative structures work under both the district and municipal public authorities (Chisinau, Balti, Soroca) |
|
Law-making |
|
|
Executive Functions |
|
|
Special Features |
|
Netherlands
|
Establishment |
The Consultative Committee on the Frisian Language was
established on |
|
Location |
The Consultative Committee has independent public body status. The advisory committee functions as a central-level advisory body. |
|
Minority Composition |
|
|
Minority Representation |
The Committee is a minority-specific advisory body. It does not include representatives of organizations dedicated to promoting the Frisian language. |
|
Governmental Representation |
Although not explicitly stated in the order establishing
the Committee, members of independent public advisory bodies in |
|
Leadership |
Members are appointed by virtue of their expertise. In selecting members for the committee, an effort is made to find experts in those policy areas that are most important from the standpoint of the European Charter for Regional Languages. The Chair and members of the committee are appointed by the Minister of the Interior and Kingdom Relations, on the recommendation of the province.
|
|
Procedure |
Pursuant to article 2, paragraphs 1 and 3 of the order establishing the body, the Consultative Committee periodically – in practice, at least once every two years – reports to the Minister of the Interior and Kingdom Relations on needs and demands to do with the Frisian language and culture in reference to the ECRML. The Committee also holds hearings once every three years to which representatives of all Frisian-language organizations are invited, as a part of on-the-spot monitoring visits by the Committee of Experts constituted in accordance with article 17 of the Charter of Regional of Minority Languages. Officially the Committee may admit observers to its meetings (by inviting central-government officials and provincial officials). NGOs concerned with promoting the Frisian language and culture have no observer status on the Consultative Committee.
|
|
Mandate |
The Consultative Committee on the Frisian Language advises the Dutch government on all matters concerning the Frisian language by reporting to the Minister of the Interior and Kingdom Relations on needs and demands to do with the Frisians language and culture. |
|
Advisory Function on Programming |
|
|
Law-making |
|
|
Executive Functions |
The members of the Committee are given an allowance. Necessary travel expenses are reimbursed in accordance with established governmental guidelines. Expenses incurred by the chair and members (five in total) and the secretariat of the Consultative Committee are paid by the Ministry of the Interior and Kingdom Relations. |
|
Special Features |
|
Norway
|
Establishment |
- ILO Convention No.169 on Indigenous & Tribal Peoples in Independent Countries - The Government and the Saami Parliament have agreed on normative procedures for consultation – signed by the President of the Saami Parliament and the Minister of Local Government and Regional Development on 11 May 2005. - Dialog between the government and the national minorities is through the ‘Kontaktforum’ (Contact Forum), chaired by the State Secretary for Saami and Minority Affairs - The Ministry of Local Government and Regional Development (the coordinating ministry), other ministries and regional and local authorities have individual responsibility for entering into dialogue with and including national minorities in affairs affecting them. |
|
Location |
- The Ministry of Local Government and Regional Development and other ministries - Saami Parliament |
|
Minority Composition |
- Unclear representation of the various groups. |
|
Minority Representation |
-The Ministry of Local Government and Regional Development has stipulated that contacts between the central authorities and the various groups and organizations must be based on democratic principles. - In formal contracts, the Ministry will primarily cooperate with organizations that can document/provide reasonable evidence of their membership and document that their board has been elected democratically. |
|
Governmental Representation |
|
|
Leadership |
|
|
Procedure |
- The Saami Parliament must be given exhaustive information as early as possible and at all stages in the processing of a case. - The Saami Parliament must be given time to make comments and proposals (to be submitted within specified deadlines) - Saami Parliament and the Government are encouraged to reach an agreement on all matters during a consultation process. - The goal is to reach an agreement on legislation that may have direct effect on the Saami people. |
|
Mandate |
|
|
Advisory Function on Programming |
- The consultation agreement with the Saami Parliament is
a result of the Finnmark Act concerning land right in the - The consultation procedures between the Government and Saami Parliament are a signed agreement between the two parts, and are confirmed by the Government through a Royal Decree - The Contact Forum is a part of the implementation of the ratification of the Framework Convention. - The Contact Forum and other means of consultation with the national minorities are established by a decision by the Ministry of Local Government and Regional Development. |
|
Law-making |
|
|
Executive Functions |
|
|
Special Features |
|
Romania
|
Establishment |
The Government Decision no. 589/2001 states that the Council of National Minorities maintains its stats of advisory body of the Government, coordinated by the Ministry of Public Information (Official Gazette No. 365/July 2001). |
|
Location |
On the basis of the provisions of Art. 107 of the Romanian Constitution, and of Art. 12, Paragraph (1) of Law 90/2001 on the organization and functioning of the Government of Romania adopts the present decision. The National Minorities Council is established as a consultative body of the Government, without juridical personality and coordinated by the Ministry of Public Information. Since 1997, the Council of National Minorities is an independent body (NGO alliance) – on the preference of the national minorities. |
|
Minority Composition |
|
|
Minority Representation |
The National Minorities Council is formed of 3 representatives of each of the organizations of the citizens belonging to the national minorities, represented within the Parliament of Romania. In 2005, the CNM comprises 19 member organizations, all represented in the Romanian Parliament. |
|
Governmental Representation |
The Council for National Minorities is coordinated by the general secretary of the Government. All of the parliamentarians of the national minorities and 3 parliamentarians of the Hungarian Union are members of the CNM, so the collaboration is permanent. The Minister of Public Information and the Secretary of State for Interethnic Relations usually participate in the meeting of the plenum of the Council. |
|
Leadership |
|
|
Procedure |
- The Council carries out its activity in plenum as well as organized on special Committees (6). - The Ministry of Public Information provides the secretariat works of the Council. - The Council shall gather in plenum, in ordinary meeting, quarterly and/or be convoked in extraordinary meeting whenever necessary at the well grounded request of at least 1/3 of the number of Council members. - The Council carries out its activity by gathering at least a half plus one of its members, where decisions are adopted with the simple majority of the present members - Each organization of the citizens belonging to the national minorities represented within the Council has the right to a vote only. The structure and the functioning of the CNM are highly influenced by the political life cycles. |
|
Mandate |
|
|
Advisory Function on Programming |
The specialized Committees of the Council are the following: - The Committee for Legislation - The Committee for Social and Economic-Financial Issues - The Committee for Culture, Denominations and Mass Media, There are also 6 working Commissions of the CNM: - The Commission for Legislation - The Commission for Social and Economical Issues - The Commission for Culture, Cults and Mass Media - The Commission on Education and Youth Issues - The Commission on Relations with Civil Society and International Bodies - The Commission for Financial Issues |
|
Law-making |
|
|
Executive Functions |
The 19 organizations, part of the CNM, continue to be provided with state funding. |
|
Special Features |
|
Serbia & Montenegro
|
Establishment |
Under the National Councils of National Minorities there are 2 main bodies: 1. The legal basis
for the creation of the Council of the 2. The normative
base for establishing the Republican Council for Protection of Rights of
Persons Belonging to National and Ethnic Groups of the |
|
Location |
1. The Council of
the 2. The National Council for the Protection of Rights of National and Ethnic Groups is a public body. |
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Minority Composition |
The National Councils are established under the principle of voluntary association, election, proportionality and democracy.
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Minority Representation |
- Under the Law on Protection of Rights and Freedoms of National Minorities, regulations on the election of the national councils will be stipulated by the law, but in the meanwhile, until the law is adopted, a provisional solution is used, namely the National Councils of National Minorities are elected by electors’ assemblies of national minorities. Electors who have the right to participate in the assembly for the election are federal deputies (MPs). - The electors for the election of the National Council are clearly persons who declare themselves as persons belonging to the national minority. - The election of National Councils is carried out by the Ministry of Human and Minority Rights.
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Government Representation |
1. In addition to
representatives of the national councils of national minorities, its
membership also includes representatives of the Government of the 2. Under Article 76, Paragraph 2 of the Constitution of the Republic of Montenegro, the Republican Council for the Protection of Rights of National and Ethnic Groups of the Republic of Montenegro is headed by the President of Montenegro, whereas under Paragraph 3 the composition and mandate of the Republican Council are established by the Assembly of the Republic of Montenegro. |
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Leadership |
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Procedure |
- When decisions are taken relating to the official use of language and script, education, information in the national minority language or culture, the state authorities, territorial autonomy or local self-government authorities are obliged to request the opinion of the National Council of National Minorities. - According to the
Decree under which the Council is established, it takes decisions b the
majority of votes of all representatives of the Government of the - The Council meets as required at least twice a year. |
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Mandate |
1. The Council of
the |
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Advisory Function on Programming |
The National Councils have an advisory function at all levels of authority where decisions are taken on issues affecting national minorities. |
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Law-making |
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Executive Functions |
The National Councils are financed from the budget and from donations. |
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Special Features |
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Slovak Republic
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Establishment |
1. The Committee of
the National Council of the 2. The Council of
the Government of the 3. The Commission on the Grant System of the Ministry of Culture 4. The Advisor of the Minister of the Interior for Minority Issues 5. The Council of
the Government of the
6. The Office of
the Government of the Plenipotentiary of the Government of the 7. The Team of Experts of the Ministry of Education for Education of Roma, established by the Minister of Education on the basis of the Conception of the Roma children and young people integrated education - approved by the Government on 26 May 2004. 8. The CSF (Community Support Framework) Working Commission on Roma Communities Development was established on the basis of the initiative of the management department for CSF of the Mnistry of Construction and Regional Development. 9. The Advisor of the Head of the Regional Offices for solving problems of Roma community |
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Location |
2. The Council is the
advisory, initiative and coordinating body of the Government of the 3. The Commission on the Grant System of the Ministry of Culture operates under the Minority Cultures Section of the Ministry. The Commissions are advisory bodies of the Minister of Culture with regard to the distribution of grants under the Program “The Culture of National Minorities” of the Grant System.
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Minority Composition |
2. The Council’s independence from state authorities is
assured by the composition of the council – out of 18 members, 15 represent
national minorities and ethnic groups living within the territory of the |
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Minority Representation |
3. There are 12 commissions, one for each national minority. The Commissions have at least 5 and at most 9 members appointed by the Minister upon a proposal of the Director General of the Minority Cultures Section. The Commission consists of representatives of the national minority, civil and public servants of the Ministry of Culture and its organizations and also state servants of other ministries. 4.The post of advisor has been created on |
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Governmental Representation |
1. The Committee of
the National Council of the 2. The Council consists also of 3 state officials – Deputy Prime Minister in charge of national minorities serves as the Council’s Chairperson (has the right to vote), the Minister of Culture serves as its Vice-Chairperson (has the right to vote) and the Director General of the Human Rights and Minorities Section of the Slovak Republic Government serves as its Secretary. 5. The Deputy Prime Minister for European Affairs, human Rights and Minorities is the Chairperson of the Council. Members of the Council are appointed by the Chairperson after the approval of the Government. The Council consists of state officials (17 members) and representatives of non-governmental organizations (22 members). Roma NGOs have 2 representatives in the Council. 6. The Office of the Government of the
Plenipotentiary of the Government of the 7. The team consists of representatives of the Ministry of Education, its organizations and non-governmental organizations. Members of the Team are appointed and recalled by the Minister of Education upon proposals submitted by Director General of the Section of Regional Education of the Ministry of Education. The Chairperson and Vice-Chairperson are elected and recalled by the Team. 5 members of the Team represent the Roma national minority. 8. The Working Commission consists of 31 permanent members. The Chairperson is the State Secretary of the Ministry of Construction and Regional Development – who has the power to appoint and recall other permanent members upon the proposals of state authorities and self-government authorities. There is a Director General of the ministry departments responsible for the implementation of Structural Funds, 2 representatives of the Office of the Plenipotentiary for Roma Communities, representatives of self-government authorities and representatives of NGOs active in Roma affairs. |
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Leadership |
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Procedure |
1. The Committee invites representatives of national minorities to attend the meetings of the Committee when discussing legislative measures affecting them. 2. According to the
Rules of Procedure of the government of the 3. The Commission reviews and recommends the allocation of grants for the cultural projects to be supported from the Grant System. The Commissions review application in accordance with established procedures and methodology. 4. The advisor has mainly a preventative role – to identify sources of possible ethnic tensions and their causes and to propose possible solutions. He may directly intervene in the case of inadequate Police intervention towards the Roma community, he may directly co-operate with relevant state authorities, Police Corps officials and adopt together with them decisions to solve conflict situations. 5. The Council of
the Government of the 6. The Plenipotentiary’s activities are reflecting the need to coordinate the policy and activities of the relevant ministries with regard to Roma communities. The Office of the Plenipotentiary has 5 regional offices with 2 officers and 1 administrator (70% of them are Roma with university education) 7. The Team is responsible for detailed elaboration, monitoring and continuous assessment of the Conception; coordination of the cooperation between state authorities, founders of schools and school facilities and the Office of the Plenipotentiary for Roma Communities. On the basis of analysis it may recommend to the Minister measure to improve Roma education. 8. The CSF
(Community Support Framework) Working Commission on Roma Communities
Development coordinates and monitors effective allocation of the finances
form Structural Funds. The Commission
works on the basis of a partnership cooperation of the ministries involved
and in accordance with the position of the |
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Mandate |
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Advisory Function on Programming |
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Law-making |
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Executive Functions |
2. The Section of Human Rights and Minorities of the Slovak Republic Government Office is responsible for the organizational, administrative and other technical aspects of the functioning of the Council. Expenses related to the functioning of the Council are covered through the budget of the Slovak republic Government Office. 5. Expenses related to the functioning of the Council of
the Government of the 6. Expenses related to the activities of the Plenipotentiary and the Office are covered through the budget of the Government Office. 7. Expenses related to the activities of the Team are covered through the budget of the Ministry of Education. |
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Special Features |
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Slovenia
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Establishment |
1. Representatives
of the National Minorities in the National Assembly of the 2. Government Office for National Minorities (est. 1959) 3. Different ministries, governmental offices and state institutions with public authority that deal with minority issues. 4. The Commission
of the National Assembly of the 5. The Government Commission for National Communities 6. The Government Commission for the Protection of Roma ethnic Community 7. Umbrella organizations of the Italian and Hungarian national minority and Roma ethnic community 8. Human Rights
Ombudsman is based on the Constitution of the
Bodies at the Local Level: Italian national minority and the Hungarian national minority based on Article 64 of the Constitution of the Republic of Slovenia, the Self-Governing Ethnic Communities Act and other statutes: a) councilors in municipal councils b) Commission for minority issues as a permanent commission of the municipal councils Roma ethnic community based on Article 65 of the Constitution of the Republic of Slovenia, nine sector-specific laws, the Government’s Program of Measures for Assisting Roma (1995), Decisions of the Government of the Republic of Slovenia (1999 and 2004) and other statutes. a) Roma councilors b) Roma societies c) Forum of Roma councilors d) Commissions for Roma issues established at municipalities |
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Location |
2. The Government Office for National Minorities is an independent Government office. 8. Article 159 of the Constitution prescribes that the institution of ombudsman for human rights and basic freedoms should be founded in relation to various state bodies, local self-management bodies and bodies in which public authority is invested. The Italian and the Hungarian national minority: - In each coastal municipality, the Italian/Hungarian national community is organized in municipal Italian/Hungarian self-governing communities that are linked with the umbrella organizations through their delegates i.e. elected members, and represent a form of political representation at the municipal level. On the basis of the |
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Minority Composition |
The Italian and Hungarian National Minority: The members of the communities shall establish their own self-governing communities in the geographic areas where they live. - The Council of the Coastal Italian Self-Governing Community has 9 embers; 3 members from the 3 municipal self-governing communities – the applicable statutes stipulate that one of the deputy mayors has to be a member of the Italian national community. |
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Minority Representation |
1. The two national communities (Italian and Hungarian) shall be directly represented in representative bodies of local self-government and in the National Assembly. 4. The Chair of the Commission is always a representative of the minority and members of different political parties are always , irrespective of their political opinion, in favor of minority issues. |
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Governmental Representation |
1. Representatives
of the National Minorities in the National Assembly of the 4. The Commission
of the National Assembly of the
5. The Government Commission for National Communities is chaired by the Minister of Culture and 14 members who are representatives of different ministries and government offices and municipalities where the Roma Community traditionally resides. |
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Leadership |
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Procedure |
2. The basic provisions on the protection of national communities are set out in the Constitution. The relevant ministries are responsible for carrying out the provisions. 4. The Commission presents issues that refer to legislation related to Italian and Hungarian national minority |
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Mandate |
2. The main duty of this Office is global supervision of the realization of the provisions of the law on the protection of nationalities, monitoring the practical effects, drawing attention to problem areas, preparing suggestions and initiatives for the Government and other state bodies and preparing analyses and reports together with the relevant ministries. |
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Advisory Function on Programming |
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Law-making |
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Executive Functions |
1. On the proposal of the self-governing national communities, the state may authorize them to perform certain functions under national jurisdiction and shall provide funds for the performing of such functions. |
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Special Features |
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Sweden
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Establishment |
The basis of the policy on national minorities in 1. The Saami Parliament (est. 1993) is a national administrative authority and at the same time a representative popular elected organ that represents the Saami. 2. The Council on Roma Issues was established in 2002 as an advisory body to the Government. |
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Location |
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Minority Composition |
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Minority Representation |
2. The Council on
Roma Issues has a broad representation form Roma organizations representing
the Roma groups in |
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Government Representation |
1. The decision-making assembly comprises 31 popular elected members who represent parties with various interests and groups. |
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Leadership |
1. The Saami Parliament implements a new organizational structure 2005 after a review by the Swedish National Financial Management Authority. The new organization shall make the roles of the administrative and the elected organ clearer. 2. The Chairman of the Council is responsible for the national minority policy. |
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Procedure |
The national organizations of the national minorities are consultative bodies to which the government submits proposals of legislation and other measure for consideration, when these concern issues affecting the national minorities. Regular consultative meetings are held between representatives of the Government, including the responsible Minister and the organizations of the national minorities. |
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Mandate |
1. The Saami parliament has the task of protecting the interests of the Saami as regards to their culture, business and the work with the Saami language. 2. The task for the Council of Roma Issues is broad and the status is consultative. The Council shall promote the situation of the Roma in Swedish society and develop measures to implement the rights given in the Framework Convention for the Protection of National Minorities and the Charter for Regional and Minority Languages. |
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Advisory Function on Programming |
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Law-making |
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Executive Functions |
Special funds have been allocated to organizations that represent national minorities in order to increase their capacity to influence matters concerning them. 1. According to the Saami Parliament Act, the Saami Parliament shall allocate the funds that have been appropriated by the national budget for Saami culture and Saami organizations that are payable from the Saami fund. |
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Special Features |
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Switzerland
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Establishment |
At the federal level:
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Location |
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Minority Composition |
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Minority Representation |
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Government Representation |
3. There are no state representatives. |
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Leadership |
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Procedure |
3. Consultation on draft law touching upon the Jewish community is decided on a case-by-case basis in relation to a particular draft law and consults members of the Jewish community on the issue in question or intervene by its own initiative. |
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Mandate |
1. The Association of Travelers is the only umbrella organization of travelers of Jenish origin (the majority group in Switzerland) and its role is to serve as intermediary between travelers and authorities, to advise on subjects such as legal assistance, social aid, as well as protecting the interests of travelers and awareness-raising among other traveler and settled populations.
2. The Foundation for Ensuring the Future of Swiss Travelers is aimed at contributing towards the improvement of nomadic travelers’ way of life and to ensure the preservation of their cultural identity. The Foundation is seen as a forum where representatives of travelers from communes and cantons seek solutions to problematic issues. 3. The mandate of the Swiss Federation of Israelite Communities (SWIC) covers the following areas: participation on the consultation procedure, awareness-raising, coordination between various Jewish institutions and communities and dealing with particular cases. |
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Advisory Function on Programming |
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Law-making |
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Executive Functions |
2. The Foundation for Ensuring the Future of Swiss Travelers is an organization created and financed by the Swiss Confederation.
3. The Swiss Federation of Israelite Communities gets no financial aid from the state. |
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Special Features |
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United Kingdom
There are numerous consultative bodies and panels established by public bodies, some of which may focus on minority communities in particular and others which may include minority communities. The DH-MIN questionnaire has been answered incorporating only the 7 consultative bodies concerned with ethnic minorities, established by the Home Office as well as the Northern Ireland Race Equality Forum.
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Establishment |
1. Race Equality Advisory Panel (REAP) launched in June 2003. 2. Laurence Steering Group (LSG) 3. National Local Criminal Justice Board Race Forum was set up by the Home Office’s Criminal Justice System Race Unit in order to draw together good practices and disseminate the lessons across the Criminal Justice System. 4. Community Panel 5. Advisory Board on Naturalization and Integration (ABNI) – an independent advisory board set up in November 2004. 6. Race Advisory Group for the Drugs Strategy 7. Race Advisory Group established under the Chair of the Prison Service Race Equality Adviser, to act as an advisory/consultation body supporting the Prison Service Management Board. 8. The |
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Location |
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Minority Composition |
1. The members of REAP are drawn form Black and Minority Ethnic (BME) communities and are independent of the Home Office. 6. Membership in the Race Advisory Group for the Drugs Strategy is drawn from Government departments and agencies involved in delivery of the Drug Strategy i.e. Drug Strategy Directorate, National Treatment Agency and Police forces and BME associations. The Federation of Black Drugs Workers, community groups and treatment agencies are also represented. |
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Minority Representation |
8. The Forum has representatives from all NI departments, NIO, Home Office, community/voluntary sector, local councils as well as representatives of minority ethnic communities. |
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Governmental Representation |
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Leadership |
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Procedure |
1. REAP does not function as a collective body, rather it is a resource of expert consultants who provide individual and independent advice to Home Office officials. REAP engagements are project based i.e. related to the need to deliver advice on a particular area of policy. Engagement can involve informal/ad hoc meetings between the Home Office policy leaders and usually 2/3 REAP members. There are no pre-arranged meetings of the panel and any activities occur at the request of Home Office colleagues. Three general meetings for all panel members were arranged last year, in addition to the project based meetings, on average one a month (involving smaller groups or individual REAP members). 2. The LSG meets quarterly. 3. The National Local Criminal Justice Board Race Forum meets quarterly. 5. ABNI meets quarterly. 6. The Race Advisory Group for the Drugs Strategy meets quarterly. 7. The Race Advisory Group has a specific remit to consider any potential adverse impact of policies/practices on BME groups. The Advisory Group meets quarterly. 8. An
implementation action plan for the Racial Equality Strategy for |
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Mandate |
1. REAP helps develop the Home Office strategy on race equality, provides ad hoc advice on specific topics/projects, links and builds relationships between Government and communities and advises on implementing and delivery of existing policies and programs. The responsibility for developing and implementing a Home Office service or policy remains with Home Office policy advisors regardless of any REAP contribution. 2. LSG advises Ministers on policies to improve the confidence of BME groups in the criminal justice system, education system etc., oversees the implementation and evaluation of the Stephen Lawrence Inquiry Report recommendations, offers advice to the Home Secretary on other race equality issues, advises on priorities for future work and review progress, reviews and provides views on research findings and promotes engagement with the BME community. 3. The National Local Criminal Justice Board Race Forum provides a forum for local boards and experts within the field of race and criminal justice to: - share advice on all matters pertaining to race, diversity and community engagement - examine how Local Criminal Justice Boards across the country are progressing in this area - assess how to cross-reference proposals to tackle racism and inequalities both centrally and with other Boards - establish how to learn form and disseminate good practice - bring consistency to how race and diversity issues are dealt with across the Local Criminal Justice Boards. 4. The Community Panel provides advice to Stop and Search Action Team (SSAT) and the Delivery Board on the race and community impact of the SSAT work program, scrutinizes and provides ‘reality checks’ on the work of the SSAT and the Delivery Board, identifies issues for consideration by the Panel or by the Delivery Board, promulgates the outputs from the SSAT work program where appropriate and contributes to reports to ministers on progress against the SSAT work program. 5. ABNI: - Advises on the implementation and processes of initial an final assessment of understanding of language and of civic structures as required by the Nationality Immigration and Asylum Act 2002. - Advises on ways in which language and citizenship education resources and support services both in the public and in the voluntary might be developed and better coordinated. - Advises on future development of the program of studies and suggests changes in light of feedback from early participants - Publishes annual report on the administration of the learning and teaching processes involved in naturalization on the integration of immigrants and on immigration law and procedures and educational regulations that directly affect assessment for naturalization. 6. The Group has oversight of the development and implementation of the Drug Strategy forma BME perspective. Its functions are to: - Advise on how the National Drug Strategy should be implemented in respect to their impact on BME communities. - Advise on how the National Drug Strategy might best meet the needs of BME communities and identify new and different ways of reducing the harm associated with crack in BME communities. - Advise on the impact and effectiveness of National Drug Strategy in improving the quality of life experienced by BME communities. 7. The Race Advisory Group’s functions are to: - provide oversight of progress of the Commission for Racial Equality Action Plan - provide individual members an independent oversight of positive projects/work streams - provide regular progress reports - set realistic timescales for the review of projects - agree project reports to Prison Service Management Board and the Commission for Racial Equality - act as a catalyst for active change in local establishments, through links with Race Relations Liaison Officers. 8. The |
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Advisory Function on Programming |
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Law-making |
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Executive Functions |
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Special Features |
8. Section 75 of the Northern Ireland Act 1998 places a statutory obligation on public authorities (Northern Ireland departments, most non-departmental public bodies, District Councils and other bodies including UK departments designated by the Secretary of State) to carry out their functions relating to Northern Ireland with due regard to the need to promote equality of opportunity between persons of different religious belief, political opinion, racial group, age, marital status or sexual orientation, between men and women generally; between persons with disability and persons without, and between persons with dependants and persons without. |