I. INTRODUCTION

1. The Framework Convention for the Protection of National Minorities is the Council of Europe’s main tool to protect the rights of persons belonging to national minorities, and the Advisory Committee of 18 independent experts, set up in 1998, has a key role in ensuring that the standards of the Convention are implemented in the State Parties. The present Report provides an overview of the developments surrounding the Framework Convention and the work of the Advisory Committee between June 2004 and May 2006.

2. The Framework Convention’s position as the pan-European legal yardstick on minority standards has strengthened over the last two years. The importance of the Framework Convention was highlighted by the Heads of State and Government at the Warsaw Summit in May 2005, and the ratification of the Convention by Georgia, Latvia and the Netherlands in 2005 increased the number of State Parties to 38. As of today, only four Member States of the Council of Europe have not signed the Framework Convention and four Member States have signed but not yet ratified.

3. At the same time, the monitoring of the Framework Convention progressed significantly during the period covered by the present Report. The findings of the 2^nd monitoring cycle in respect of several States, together with comments made at various follow-up activities, make it possible to take stock of the actual impact of the work of the Advisory Committee and of the Committee of Ministers. In section II of the present Report, the Advisory Committee attempts to draw some preliminary conclusions in this respect. In that section, the Advisory Committee also reports on certain procedural novelties that were introduced during the reporting period, including in respect of so-called “ad hoc contacts”, as well as on the exceptional arrangements pursued to monitor the implementation of the Framework Convention in Kosovo.

4. Section III of the present Report describes the steps taken to strengthen thematic reflections by the Advisory Committee. It shows how the Committee’s thematic work has advanced notably in the field of education, which has always been a major theme in the Committee’s activities.

5. The Advisory Committee’s constant calls for increased transparency and public awareness of the Framework Convention’s monitoring process yielded some important results during the reporting period. These results, together with shortcomings that still persist in this area, are reported in section IV of the Report.

6. Section V of the Report is devoted to the Advisory Committee’s co-operation with various partners both within and outside the Council of Europe. This includes latest developments in the Committee’s close co-operation with its traditional partners, but also comments on the emerging contacts with new bodies that were set up during the reporting period, notably with the intergovernmental Committee of Experts on National Minorities (DHMIN) and the Parliamentary Assembly’s Sub-Committee on the Rights of National Minorities.

7. Various organisational developments, including the changes in the composition of the Committee and its Bureau, are detailed in Section VI of the Report. In this context, the Advisory Committee also comments on the resources related to its work.

V. CO-OPERATION WITH OTHER BODIES

1. The Advisory Committee has continued to place great emphasis on synergies within and outside the Council of Europe, and it has maintained close contacts with its traditional partners within the organization and it has established good working relations with the new bodies that have been established during the period covered by the present Report. The Advisory Committee would also like to highlight the support it has received from Mr. Terry Davis, Secretary General of the Council of Europe, with whom the Committee had a constructive exchange of views on 21 February 2005 (see also comments under paragraph 14).

2. The Committee’s co-operation with the Committee of Experts of the European Charter for Regional or Minority Languages has continued to be practical and useful, involving various direct contacts not only between the respective Secretariats, but also between the Committees. At a meeting between the bureau of the Committee of Experts of the European Charter for Regional or Minority Languages and the Advisory Committee on 25 May 2005, various ideas for strengthening co-operation further were discussed, and the Charter’s experts also provided their input to the Advisory Committee’s thematic reflections on education.

3. The Committee’s co-operation with the ECRI has also continued, and this can but be further facilitated by the fact that the new President of ECRI, Ms Eva Smith Asmussen will again join the Advisory Committee in June 2006.

4. The Advisory Committee’s co-operation with the new Commissioner for Human Rights has started on an excellent note. Mr Thomas Hammarberg held an exchange of views with the Advisory Committee in May 2006, and demonstrated great commitment to strengthening contacts and synergies between the Commissioner and the Advisory Committee.

5. The Venice Commission is another important Council of Europe body that deals with minority issues in its work, and the Advisory Committee attached great importance, for example, to inclusive reflections the Commission has initiated on the issue of citizenship criterion in the minority protection.

6. During the period covered by the present Report, two new Council of Europe bodies dealing with national minority questions were set up: the intergovernmental expert committee DH-MIN and the Parliamentary Assembly’s Sub-committee on National Minorities.

1. When the mandate of the DH-MIN was being drafted, the Advisory Committee expressed its support for increased inter-governmental co-operation on minority issues, but it also stressed that the work of the DH-MIN should not interfere with the Advisory Committee’s work. The Committee is pleased to note that, to date, the DH-MIN has fully respected the role of the Advisory Committee and in its work, for example, on the issue of consultative bodies, the DH

2. MIN has drawn on the Advisory Committee’s Opinions, and it could help to increase their impact (on the resource implications, see below under Section VI).
7. The Parliamentary Assembly’s increasing support for the Framework Convention and its monitoring mechanism is greatly appreciated by the Advisory Committee, and the Committee acknowledges the role played by the Parliamentary Assembly and its various committees, for example, in achieving new ratifications of the Framework Convention. The establishment of the Sub-Committee on the Rights of National Minorities in 2004 is another sign of the Parliamentary Assembly’s commitment to minority issues, and the Advisory Committee and the Secretariat of the Framework Convention are pleased to support the Sub-Committee’s work and provide input to its work, which can usefully echo the findings of the Advisory Committee.

8. During the reporting period, the Advisory Committee welcomed the inauguration of the European Roma and Travellers Forum in Strasbourg in 2005. The Advisory Committee has had two meetings with the representatives of the Forum, and it considers that there are excellent prospects for close co-operation between the Advisory Committee and the Forum.

9. The OSCE High Commissioner on National Minorities remained a close partner of the Advisory Committee. In addition to close contacts on specific issues, the High Commissioner held a general exchange of views with the Advisory Committee on 23 November 2005 and his office contributed to the Advisory Committee’s thematic work on education. The OSCE missions in various countries were of significant assistance to the Advisory Committee during its country visits.

10. The Advisory Committee is of the opinion that the support of the European Union is instrumental in ensuring progress on the implementation of the Framework Convention, and it pursued co-operation with various bodies of the union. This included contacts with the European Union Monitoring Centre against Racism (EUMC) facilitated by the fact that the Chairman of the Board of the EUMC, Ms Anastasia Crickley, was also a Member of the Advisory Committee. The Advisory Committee provided input inter alia to a European Parliament’s hearing on “Promoting EU Fundamental Rights Policy: from words to deeds or how to make rights a reality?” in April 2005, the EUMC, and the EU Seminar on “The Contribution of Local and Regional Authorities to the Protection of Minorities and Anti-Discrimination Policies” in Vienna in March 2006. The Committee also took note of the extensive reference to the Framework Convention and the Advisory Committee’s findings in the report on national minorities, published by the EU Network of Independent Experts on Fundamental Rights in 2005. While welcoming the co-operation that exists, the Advisory Committee is of the opinion that the Framework Convention and its monitoring results could be more regularly invoked by various EU bodies as they deal with minority issues. The Advisory Committee’s unique role should also be taken into account in the on-going discussion on the future mandate of the EU Fundamental Rights Agency.

1. The Advisory Committee’s contacts with the United Nations have also continued, partly thanks to the extensive UN experience of Mr Asbjørn Eide, the President of the Advisory Committee. The Advisory Committee has continued its contacts with the UN Working Group on Minorities, and it looks forward to expanding its contacts with Ms Gay McDougall, the UN

2. Independent Expert on Minority Issues, appointed in July 2005. (On co-operation in the Kosovo context, see above section II).
11. The Advisory Committee has continued to reply on NGOs and other civil society partners in its work. In addition to its country-specific contacts and co-operation with minority associations and human rights NGOs during the preparation of the Opinions and on their follow-up, the Advisory Committee has actively taken part in more general capacity building and reflections on NGOs’ role in the monitoring process. For example, the Advisory Committee members and Secretariat provided input to the NGO training on the Framework Convention in 2004 and 2005, organised with the Minority Rights Group, and the Advisory Committee also took part in the brainstorming organised on 08 December 2005 in Strasbourg by the Secretariat of the Framework Convention with the Advisory Committee’s key NGO partners on how to enhance the NGO input role in the monitoring process.

Appendix III

COMMENTARY ON EDUCATION UNDER THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES

1.1 Purpose of the Commentary

Education is today considered as a goal in its own right as well as a forceful tool for transmitting knowledge, attitudes and values. No other issue is given such space in the Framework Convention (FCNM), with three specific provisions (out of sixteen operative provisions in its Section II), Articles 1214, as well as explicit references to education in general provisions concerning equality and intercultural dialogue (Article 6).

In recent years, the Advisory Committee on the Framework Convention for the Protection of National Minorities (hereinafter ‘the Advisory Committee’) has repeatedly discussed the need to summarize its experience and views on specific thematic issues. Important input in this debate was given at the Conference to mark the 5^th Anniversary of the Entry into Force of the Framework Convention in 2003.⁴ The three themes discussed were participation, media and education. Out of these three themes, the Advisory Committee decided to start by an in depth analysis of its experience in the field of education.

The present Commentary aims to cover five distinct but interrelated issues:

-It summarizes the experience of the Advisory Committee in working with and for education rights (mainly Articles 12-14 of the Framework Convention) and with the role of education in promoting a spirit of tolerance and intercultural dialogue as envisaged in Article 6 (1) of the Framework Convention. The present Commentary focuses mainly on Articles 12 and 14 since these two provisions form the core of the monitoring activities of the Advisory Committee in the field of education during the First Monitoring Cycle;

-It underlines the wealth of information existing in State Reports and the broad spectrum of solutions used in different contexts. Such State practice from many different countries around Europe offers a comprehensive image of the implementation of the Framework Convention and allows for further elaboration of the various specific issues raised in this Commentary;

-It identifies issues which require more attention in the future both in the work of the Advisory Committee, in the implementation of the Framework Convention and the reporting by State Parties as well as in the activities of other actors, including non-governmental organisations and academics;

-It makes an effort to situate the work and the views of the Advisory Committee within a broader international discourse;

-It highlights some of the tensions the Advisory Committee has encountered in the field of minority and intercultural education and choices that need to be made consciously by all actors involved, including State Parties and their governments, minorities, parents and students/pupils.

The Commentary draws upon the Opinions of the Advisory Committee on specific countries as well as on State Reports submitted to the Advisory Committee and other sources, in order to substantiate the conclusions which are incorporated under each section of the Commentary.

It is the hope of the Advisory Committee that the Commentary will give practical guidance to State Parties to the Framework Convention and to other actors involved in education related activities. Those actors include educators, pupils or students and their parents⁵, minorities and their organisations, central, local and regional authorities. It should, however, be made clear from the very outset that, in view of the

4 The report of the Conference was published in 2004 by the Council of Europe “Filling the Frame: Five years of monitoring the Framework Convention for the Protection of National Minorities” ISBN 92-871-5472-2.⁵ The Commentary covers not only the education of children but also of older persons (young students, adults etc.)

multiple aims of education and the multitude of factual situations, there are no ‘one-size-fits-all-solutions’ in this field.

The purpose of the present Commentary is not to give an exhaustive analysis of all aspects of minority and intercultural education covered by the Framework Convention. The purpose is to summarise the experience of the Advisory Committee at the first cycle of monitoring and to emphasize some of the most crucial issues the Advisory Committee has encountered in its work. The second monitoring cycle may well include other issues which have not been prominent during the first cycle.⁶

Focus in the Commentary is put on the role of the Framework Convention in the task of balancing, on the one hand, the maintenance and development of the culture and the essential elements of the identity of persons belonging to national minorities and, on the other hand, their free integration and participation in the societies where they live. The Advisory Committee hopes that the present Commentary can be used as a tool in the design and implementation of relevant educational policies in State Parties and also as an additional element in the constructive dialogue it has developed during the first cycle of monitoring with State Parties.

1.2 The Framework Convention as an integral part of International Human Rights Instruments

The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights as provided in Article 1 of the Framework Convention:

‘The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.’

It follows that the right to education and the rights in education for minorities, as guaranteed by the Framework Convention, are an integral part of education rights as entrenched in a number of specific provisions in international instruments, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the UNESCO Convention against Discrimination in Education, the European Convention of Human Rights and Fundamental Freedoms and the Revised European Social Charter.

A number of different rights are covered in these provisions, including:

-the principle of a free and compulsory primary education;

-equal access to education and equal opportunities within the educational system;

-the liberty of parents to choose the kind of education that shall be given to their children according

to their own religious, moral or philosophical convictions;

-the right of individuals and legal entities to establish and direct their own

educational institution;

-the right to language education for migrant workers and their families.

Much guidance in matters concerning the education rights of national minorities can also be found in the OSCE Hague Recommendations Regarding the Education Rights of National Minorities. With regard to issues of minority languages in education, additional guidance is found in the European Charter for Regional or Minority Languages.

⁶ For this reason the Commentary refers only to materials from the first monitoring cycle.

The Framework Convention ensures rights to ‘persons belonging to national minorities’. It is clear that these ‘persons’ can be men or women, children or adults. Indeed, the provisions of the Convention do not only refer to formal school activities, but refer to education and education systems in broader terms. In recent years, the Advisory Committee has been increasingly sensitive to the varying implications of rights for persons belonging to different national minorities, or groups within minority groups, for men and women, for citizens and non-citizens.⁷

However, the Framework Convention not only deals with the rights of minorities to education and specifically to a certain type of education. It is of equal importance for the promotion of awareness and knowledge amongst the majority population concerning the language, culture and traditions of minorities.⁸ Further, Article 14 (3) provides that the educational rights of persons belonging to national minorities to be taught the minority language or receive instruction in this language should not prejudice the learning and teaching of the official language of the State.

As already mentioned, the right to education is a right in itself but it is also instrumental as a precondition for the full enjoyment of many other rights, such as the right to participation, expression, association, etc. For that reason the importance of the place of the Framework Convention in the nexus of human rights provisions is crucial as a guarantee of the full spectrum of human rights of persons belonging to national minorities.

Planning and activity in the field of education needs to take into account the work done in those various fora, including the Treaty Monitoring Bodies of the United Nations (UN), the UN Special Rapporteur on the Right to Education, the European Court of Human Rights and bodies of the Council of Europe (such as the Committee of Experts monitoring the European Charter for Regional or Minority Languages, the Directorate of School, Out-of-School and Higher Education and its Language Policy Division). Rights to and in education need also to be situated within the broader context of States’ commitments regarding human rights education, and in particular of the on-going World Programme for Human Rights Education⁹.

1.3 Aims of Education

The aims of education in diverse societies allow us to look at education within the Framework Convention as having multiple and occasionally contradictory aims which need to be reconciled and balanced. There are many different stakeholders in education: those educated, the educators, parents, minority groups, local, regional and central authorities. Their needs and aspirations may vary and need to be constantly assessed and accommodated to the extent possible. The Convention on the Rights of the Child has placed in a paramount position the needs and wishes of the child, a dimension which was

⁷ For instance the Slovak Republic included in its State Report ACFC/SR(99)8 information on special educational efforts for Roma women. In its State Report ACFC/SR(99)13, the United Kingdom noted that the ‘Government is concerned about the disproportionate number of ethnic minority pupils, particularly African-Caribbean boys, who are … excluded from … schools’. The Advisory Committee noted in its Opinion on the United Kingdom ACFC/INF/OP/I(2002)006 with regard to access to higher education that ‘while certain ethnic groups are well represented …, other groups, such as Bangladeshi women and African and African Caribbean men remain seriously under represented’ (paragraph 85).⁸ See the Advisory Committee Opinion on Cyprus ACFC/INF/OP/I(2002)4, paragraph 30. In other opinions, the need of education of persons belonging to specific professional groups is highlighted. This is the case in the Advisory Committee Opinion on Albania ACFC/INF/OP/I(2003)004 where the Advisory Committee stresses the need for education among professional groups such as law enforcement officers, the judiciary and the media on the situation and needs of Roma and Egyptian communities in order to encourage tolerance (paragraph 94).⁹ For an update and summary of these efforts see: UN General Assembly, Revised draft plan of action for the first phase (2005-2007) of the World Programme for Human Rights Education, A/59/525/Rev.1 (2 March 2005).

lacking in earlier documents. This is of great importance in the field of education where other international documents have earlier given preference to the interests and options of parents or educators at the expense of the views of the child.

The aims of education are extensively outlined in Article 29 of the Convention on the Rights of the Child. It provides:

‘1. State Parties agree that the education of the child shall be directed to:

(a)

The development of the child's personality, talents and mental and physical abilities to their fullest potential;

(b)

The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations;

(c)

The development of respect for the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;

(d)

The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;

(e)

The development of respect for the natural environment […]’

Some of these aims, such as the development of the linguistic capabilities of a child, are understood as primarily instrumental. In these cases education is seen as a tool for the achievement of other goals (e.g. finding employment, or participating in decision-making).

Other aims of education are perceived as primordial in that they are felt as important per se even if there is no other rational or economic justification for this. This is the case with the development of respect for the child’s identity.

At the present time, our understanding of the child as an individual with independent needs and capabilities has reshaped our priorities among the needs of different actors involved in education. All education programmes need therefore to take into account both types of aims, but should do this while trying to ensure the best interest of the child as provided in the UN Convention on the Rights of the Child.¹⁰ Indeed, the distinction between instrumental and primordial aims is to some extent artificial. Respect for a child’s linguistic identity is, for instance, a precondition for additive bilingualism and plurilingualism, i.e. one which develops and strengthens the cognitive and emotional capabilities of the child, and the different languages reinforce each other and the linguistic identity is then both instrumental and a goal in itself at the same time.

It is worth mentioning that very few States address the issue of the aims of education in their Reports. Some States do address the principles of education and educational curricula under Article 6 of the Framework Convention.¹¹ The Advisory Committee discussed the aims of minority education also when noting that Sorbian minority schools had existed for over a hundred years and had not only “an educational function but also contribute to the expression of Sorbian identity in the areas traditionally inhabited by this minority”.¹²

¹⁰ See further Committee on the Rights of the Child, General Comment No. 1, The Aims of Education (2003). ¹¹ See e.g. State Report of Estonia ACFC/SR(99)16, paragraphs 30-31, discussing the aims of the Estonian Education Act and also the State Report of Switzerland ACFC/SR(2001)2, paragraph 153, on the importance of education for intercultural contact and promotion of tolerance. ¹² See Advisory Committee Opinion on Germany ACFC/INF/OP/I(2002)008, paragraph 59.

1.4 Importance of Articles 4 - 6 of the Framework Convention

Parents want their children to have a good quality education ensuring them equality of access and treatment and enabling children to develop their capabilities and personalities, to become full members in the societies in which they live and to live decent lives. All States have an interest in and an obligation to encouraging and facilitating such efforts and in ensuring social cohesion in their territory.

In addition to the specific provisions (Articles 12-14) guaranteeing the right to education and rights in education, Article 6 of the Framework Convention identifies education as an area of specific importance with regard to the necessity of a spirit of tolerance and intercultural dialogue:

‘1. The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

2.The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.’

Articles 4, 5 and 6 form a continuum of core obligations of States.

In the field of education, Article 4 guarantees equal access to education and prohibits discrimination. It also explains that State Parties undertake to adopt, where necessary, positive measures to promote full and effective equality for persons belonging to national minorities. This cannot be sufficiently emphasized. The Framework Convention presupposes that States actively pursue the goals embodied in the Convention. A passive attitude may amount to a violation of the obligations provided for under the Convention. Examples of this are the absence of legislation guaranteeing rights to and in education for persons belonging to national minorities, or minority policies that are of an ad hoc and unsystematic character.¹³ Such -appropriate and necessary -measures introduced in order to promote the full and effective equality of persons belonging to minorities are not considered as such to be acts of discrimination of the majority or of other groups (Article 4.3). Equal access to education is also regulated under Article 12(3).

Article 5 elaborates on the necessity of promoting adequate conditions for maintaining and developing the culture and the essential elements of the identity of persons belonging to national minorities. Articles 1214 are further explanation of what this means in the field of education.

The importance of Articles 4 and 5 lies, as already mentioned, in that they make clear that an active and coherent educational policy is necessary in order to implement the provisions in the Framework Convention.

In addition to the requirement of clear and coherent legislative and institutional guarantees, the existence of basic data in the field of education is a precondition for any active educational policy. In order to implement these provisions (especially Article 5, 12 and 14), all State Parties need to have adequate data on the different groups living within their countries as well as their needs and aspirations in the field of

¹³See for instance the Opinion on Italy ACFC/INF/OP/I(2002)007, paragraph 58, where the Advisory Committee notes that teaching of minority languages should be part of co-ordinated programmes rather than only experimental isolated efforts. In the Opinion on Sweden ACFC/INF/OP/I(2003)006, paragraph 60, the Advisory Committee criticized the absence of legislative guarantees for bilingual education for others than the Sami, in spite of the existence of a clear demand in this regard.

education. The Advisory Committee has been sensitive to the differing needs of different individuals and groups within a single minority group. Concentrated groups and individuals living in urban environments may have different needs and expectations than dispersed minorities or rural populations. For this reason, Article 15 guaranteeing the right of effective participation of persons belonging to minorities needs to be kept in mind, when designing and implementing educational policies, in order to ensure the expression of the multiplicity of needs and wishes of different segments of minority groups.

The Advisory Committee has consistently underlined the need to respect the principle of free self-identification of persons belonging to national minorities and the existence of adequate guarantees in the treatment of demographic, ethnic and other personal data in accordance with Article 3 of the Framework Convention. At the same time it is important that, through a combination of quantitative and qualitative tools, States make needs assessments in the field of education in consultation with those concerned¹⁴. The importance of national baseline data increases as the field of education gets more and more decentralized. The absence of such basic data cannot be used as an excuse for not acting e.g. in the field of minority education.

The Advisory Committee has often noted the absence of gender disaggregated information in the State Reports and as a consequence also in many of the Opinions of the Advisory Committee. In some cases this is the result of absence of basic data on education and on minorities as a whole (in some countries due to legal impediments on the collection of data). In other countries such data exists but does not reflect the positions and achievements of girls and boys, men and women in the educational system. Differences between men and women in the educational sphere often result in difference in the access and status in employment and should be monitored vigorously. Negative stereotypes concerning gender roles - among majorities as well as minorities - must be exposed and debated publicly and concerted efforts must be made to eradicate them in accordance with the obligations of State Parties under the Convention on the Elimination of All Forms of Discrimination against Women (Article 5).¹⁵

Article 6 of the Framework Convention requires that State Parties encourage tolerance, dialogue and mutual understanding among different groups living within the State. In the field of education, this poses demands both as regards the content of education and the choice of form, educators, structures and institutions of education. The link between Article 6 and Article 12 is strong in that both provisions support the core ethos of the Framework Convention as one of intercultural dialogue, integration of minorities in the wider society and social cohesion. State Parties need to review regularly the curricula and textbooks of subjects such as history, religion and literature, but such reviews should also cover the entire curriculum in order to ensure that the diversity of cultures and identities is reflected and that tolerance and intercultural communication are promoted.

With regard to the teaching of history, the Advisory Committee recalls the long lasting efforts of the Council of Europe in this field. These efforts focus on eliminating stereotypes and prejudices in history textbooks and on the potentials of critical thinking through history. While the introduction of elements of intercultural knowledge and dialogue in curricula as well as the need to review curricula, especially in the field of history and religion, have often been included in the Opinions of the Advisory Committee, it must

¹⁴ Also academics and NGOs may be able to assist in the collection and evaluation of such data. See for instance the report ‘The Right to Education of Persons Belonging to National Minorities in Voivodina’, Voivodina Center for Human Rights, Novi Sad, 2005.¹⁵ See also Article 10 of the Convention on the Elimination of All Forms of Discrimination against Women, which deals specifically with equal rights in the field of education, including access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality.

be noted that the Advisory Committee has not had the occasion to pronounce extensively on the issue of religious education or education offered by religious institutions.¹⁶

In international law the established principle requires, on the one hand, that parents may choose the kind of education that shall be given to their children according to their own religious, moral or philosophical convictions (see Article 26, paragraph 3 of the Universal Declaration of Human Rights and Article 2 of Protocol 1 of the European Convention on Human Rights) and on the other, that information and knowledge must be conveyed in an objective, critical and pluralistic manner.¹⁷ In this respect one may also recall the elaborate provisions concerning religion in education in the Vienna Document of the OSCE (1989) including the right of everyone to give and receive religious education in the language of his choice (paragraph 16). All these international documents encourage understanding and dialogue among groups and the suppression of absolutism, intolerance and hatred.

Articles 7 and 8 in the Framework Convention guarantee, for persons belonging to national minorities, the freedom of religion as well as the right to manifest religion and establish religious institutions, organisations and associations. This last mentioned right is also found in the right to education in Article 2 of Additional Protocol I to the European Convention for the Protection of Human Rights and Fundamental Freedoms.¹⁸ Pursuant to Article 17 of the European Convention of Human Rights, on the prohibition of abuse of rights, religious teaching or education, or indeed any other kind of education, should not lead to the violation of the rights of others (whether they are of the same or different religious beliefs). In addition to the school subjects discussed above, all school subjects, including mathematics, gymnastics, music and arts will also need to be reviewed and adapted from a multicultural and intercultural perspective.

¹⁶ In the State Report of Bulgaria ACFC/SR(2003)001, there is a self-critical evaluation on the lack of sufficient inclusion of intercultural elements in Bulgarian curricula, but also information of the efforts of an non-governmental organisation (The Interethnic Initiative on Human Rights Foundation) to address this need in the field of education. The State Report of Switzerland ACFC/SR(2001)2 accounts for efforts of the Swiss Broadcasting Company – SSR through series of broadcasts on different religions in order to encourage intercultural understanding. This shows as well the role of media, and in particular television, as educational tools. The Advisory Committee Opinion on Armenia ACFC/INF/OP/I(2003)001 notes (under Article 12) that culture, history, religion and the traditions of persons belonging to national minorities are only taught in special Sunday classes and ‘not as part of the general teaching curriculum’. ¹⁷ Case of Kjeldsen, Busk Madsen and Pedersen v. Denmark, ECHR, Ser. A, No. 23, 1976, paragraph 50, and Hartikainen v. Finland, Communication No. 40/1978. In this last mentioned case the Human Rights Committee found that compulsory religious education (or history of religion and ethics) is in conformity with the International Covenant on Civil and Political Rights, Article 18(4) only if such instruction is given in a neutral and objective way and respects the convictions of parents and guardians, including when those do not believe in any religion.¹⁸ Article 2 of the additional Protocol states that ‘No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions’. The European Court of Human Rights has had the opportunity to pronounce on this provision on several occasions.

Part II Specific Provisions of the Framework Convention concerning Education

‘Paragraph 1

74. The obligation to recognise the right of every person belonging to a national minority to learn his or her minority language concerns one of the principal means by which such individuals can assert and preserve their identity. There can be no exceptions to this. Without prejudice to the principles mentioned in paragraph 2, this paragraph does not imply positive action, notably of a financial nature, on the part of the State.

Paragraph 2

1. This provision concerns teaching of and instruction in a minority language. In recognition of the possible financial, administrative and technical difficulties associated with instruction of or in minority languages, this provision has been worded very flexibly, leaving Parties a wide measure of discretion. The obligation to endeavour to ensure instruction of or in minority languages is subject to several conditions; in particular, there must be "sufficient demand" from persons belonging to the relevant national minorities. The wording "as far as possible" indicates that such instruction is dependent on the available resources of the Party concerned.

2. The text deliberately refrains from defining "sufficient demand", a flexible form of wording which allows Parties to take account of their countries’ own particular circumstances. Parties have a choice of means and arrangements in ensuring such instruction, taking their particular educational system into account.

3. The alternatives referred to in this paragraph – "opportunities for being taught the minority language or for receiving instruction in this language" – are not mutually exclusive. Even though Article 14, paragraph 2, imposes no obligation upon States to do both, its wording does not prevent the State Parties from implementing the teaching of the minority language as well as the instruction in the minority language. Bilingual instruction may be one of the means of achieving the objective of this provision. The obligation arising from this paragraph could be extended to preschool education.

Paragraph 3

1. The opportunities for being taught the minority language or for receiving instruction in this language are without prejudice to the learning of the official language or the teaching in this language. Indeed, knowledge of the official language is a factor of social cohesion and integration.

2. It is for States where there is more than one official language to settle the particular questions which the implementation of this provision shall entail.’

Part III Core considerations influencing minority and intercultural education

On the basis of the above experience of the Advisory Committee, it is possible to offer a short checklist of core considerations that need to be taken into account when discussing educational policies concerning minorities and intercultural education. In summing up, the Advisory Committee concludes that all minority educational policies need to address the following core questions:

Why? Which are the precise goals of educational policies?

As already indicated, the Framework Convention requires not only the protection of minority cultures and languages, but also the dissemination and development of intercultural contacts and dialogue, the encouragement of a spirit of tolerance in all educational efforts and even an ethos of bilingualism and plurilingualism with regard to languages. Different situations and different groups may need to be treated differently in order to ensure effective equality and access to good quality education for all persons.

Who? Who are the involved and concerned actors?

State Parties need to have access to adequate basic information concerning the situation of different minority groups, their needs and aspirations. Differences in geographic concentration, historical status and experience, kin-state support, level of organisation, gender disparities require different responses from the State and local and regional authorities. The particularly disadvantaged position of the Roma and Travellers needs to be taken into account in all countries that have ratified the Framework Convention.

Many other actors influence the availability and quality of education. Decision-makers at central and local level, teachers and school heads are among the most important. Parents and those receiving education (pupils or adults) are other crucial actors. The wishes of those groups and persons need to be heard and the right of effective participation as enshrined in Article 15 of the Framework Convention should be kept in mind in all decision-making processes, including in the field of education.

How? What tools are available and feasible?

The form and content of education needs to be adapted to the aims discussed above. The introduction of multicultural and intercultural elements in all curricula is one step. Different types of schools and classes is another method to address the varying needs. Training of bilingual and plurilingual teachers with expertise in working in multicultural environments is another important step. These aspects are not exhaustive, but they are crucial in offering access to good quality education to all persons living in a country in a way which supports a climate of tolerance and intercultural dialogue.

The Appendix to the Commentary on Education is available upon request