Framework Convention for the Protection of National Minorities
Framework
Convention for the Protection of National Minorities
(ETS No. 157),
entered
into force January 2, 1998
The member States of the Council
of Europe and the other States, signatories to the present framework Convention,
Considering that the aim of the Council of Europe is to achieve greater unity
between its members for the purpose of safeguarding and realising the ideals and
principles which are their common heritage;
Considering that one of the methods by which that aim is to be pursued is the
maintenance and further realisation of human rights and fundamental freedoms;
Wishing to follow-up the Declaration of the Heads of State and Government of the
member States of the Council of Europe adopted in Vienna on 9 October 1993;
Being resolved to protect within their respective territories the existence of
national minorities;
Considering that the upheavals of European history have shown that the
protection of national minorities is essential to stability, democratic security
and peace in this continent;
Considering that a pluralist and genuinely democratic society should not only
respect the ethnic, cultural, linguistic and religious identity of each person
belonging to a national minority, but also create appropriate conditions
enabling them to express, preserve and develop this identity;
Considering that the creation of a climate of tolerance and dialogue is
necessary to enable cultural diversity to be a source and a factor, not of
division, but of enrichment for each society;
Considering that the realisation of a tolerant and prosperous Europe does not
depend solely on co-operation between States but also requires transfrontier
co-operation between local and regional authorities without prejudice to the
constitution and territorial integrity of each State;
Having regard to the Convention for the Protection of Human Rights and
Fundamental Freedoms and the Protocols thereto;
Having regard to the commitments concerning the protection of national
minorities in United Nations conventions and declarations and in the documents
of the Conference on Security and Co-operation in Europe, particularly the
Copenhagen Document of 29 June 1990;
Being resolved to define the principles to be respected and the obligations
which flow from them, in order to ensure, in the member States and such other
States as may become Parties to the present instrument, the effective protection
of national minorities and of the rights and freedoms of persons belonging to
those minorities, within the rule of law, respecting the territorial integrity
and national sovereignty of states;
Being determined to implement the principles set out in this framework
Convention through national legislation and appropriate governmental policies,
Have agreed as follows:
Section I
Article 1
The protection of national
minorities and of the rights and freedoms of persons belonging to those
minorities forms an integral part of the international protection of human
rights, and as such falls within the scope of international co-operation.
Article 2
The provisions of this framework
Convention shall be applied in good faith, in a spirit of understanding and
tolerance and in conformity with the principles of good neighbourliness,
friendly relations and co-operation between States.
Article 3
Every person belonging to a
national minority shall have the right freely to choose to be treated or not
to be treated as such and no disadvantage shall result from this choice or
from the exercise of the rights which are connected to that choice.
Persons belonging to national
minorities may exercise the rights and enjoy the freedoms flowing from the
principles enshrined in the present framework Convention individually as
well as in community with others.
Section II
Article 4
The Parties undertake to
guarantee to persons belonging to national minorities the right of equality
before the law and of equal protection of the law. In this respect, any
discrimination based on belonging to a national minority shall be
prohibited.
The Parties undertake to adopt,
where necessary, adequate measures in order to promote, in all areas of
economic, social, political and cultural life, full and effective equality
between persons belonging to a national minority and those belonging to the
majority. In this respect, they shall take due account of the specific
conditions of the persons belonging to national minorities.
The measures adopted in
accordance with paragraph 2 shall not be considered to be an act of
discrimination.
Article 5
The Parties undertake to
promote the conditions necessary for persons belonging to national
minorities to maintain and develop their culture, and to preserve the
essential elements of their identity, namely their religion, language,
traditions and cultural heritage.
Without prejudice to measures
taken in pursuance of their general integration policy, the Parties shall
refrain from policies or practices aimed at assimilation of persons
belonging to national minorities against their will and shall protect these
persons from any action aimed at such assimilation.
Article 6
The Parties shall encourage a
spirit of tolerance and intercultural dialogue and take effective measures
to promote mutual respect and understanding and co-operation among all
persons living on their territory, irrespective of those persons' ethnic,
cultural, linguistic or religious identity, in particular in the fields of
education, culture and the media.
The Parties undertake to take
appropriate measures to protect persons who may be subject to threats or
acts of discrimination, hostility or violence as a result of their ethnic,
cultural, linguistic or religious identity.
Article 7
The Parties shall ensure respect
for the right of every person belonging to a national minority to freedom of
peaceful assembly, freedom of association, freedom of expression, and freedom
of thought, conscience and religion.
Article 8
The Parties undertake to
recognise that every person belonging to a national minority has the right to
manifest his or her religion or belief and to establish religious
institutions, organisations and associations.
Article 9
The Parties undertake to
recognise that the right to freedom of expression of every person belonging
to a national minority includes freedom to hold opinions and to receive and
impart information and ideas in the minority language, without interference
by public authorities and regardless of frontiers. The Parties shall ensure,
within the framework of their legal systems, that persons belonging to a
national minority are not discriminated against in their access to the
media.
Paragraph 1 shall not prevent
Parties from requiring the licensing, without discrimination and based on
objective criteria, of sound radio and television broadcasting, or cinema
enterprises.
The Parties shall not hinder
the creation and the use of printed media by persons belonging to national
minorities. In the legal framework of sound radio and television
broadcasting, they shall ensure, as far as possible, and taking into account
the provisions of paragraph 1, that persons belonging to national minorities
are granted the possibility of creating and using their own media.
In the framework of their legal
systems, the Parties shall adopt adequate measures in order to facilitate
access to the media for persons belonging to national minorities and in
order to promote tolerance and permit cultural pluralism.
Article 10
The Parties undertake to
recognise that every person belonging to a national minority has the right
to use freely and without interference his or her minority language, in
private and in public, orally and in writing.
In areas inhabited by persons
belonging to national minorities traditionally or in substantial numbers, if
those persons so request and where such a request corresponds to a real
need, the Parties shall endeavour to ensure, as far as possible, the
conditions which would make it possible to use the minority language in
relations between those persons and the administrative authorities.
The Parties undertake to
guarantee the right of every person belonging to a national minority to be
informed promptly, in a language which he or she understands, of the reasons
for his or her arrest, and of the nature and cause of any accusation against
him or her, and to defend himself or herself in this language, if necessary
with the free assistance of an interpreter.
Article 11
The Parties undertake to
recognise that every person belonging to a national minority has the right
to use his or her surname (patronym) and first names in the minority
language and the right to official recognition of them, according to
modalities provided for in their legal system.
The Parties undertake to
recognise that every person belonging to a national minority has the right
to display in his or her minority language signs, inscriptions and other
information of a private nature visible to the public.
In areas traditionally
inhabited by substantial numbers of persons belonging to a national
minority, the Parties shall endeavour, in the framework of their legal
system, including, where appropriate, agreements with other States, and
taking into account their specific conditions, to display traditional local
names, street names and other topographical indications intended for the
public also in the minority language when there is a sufficient demand for
such indications.
Article 12
The Parties shall, where
appropriate, take measures in the fields of education and research to foster
knowledge of the culture, history, language and religion of their national
minorities and of the majority.
In this context the Parties
shall inter alia provide adequate opportunities for teacher training
and access to textbooks, and facilitate contacts among students and teachers
of different communities.
The Parties undertake to
promote equal opportunities for access to education at all levels for
persons belonging to national minorities.
Article 13
Within the framework of their
education systems, the Parties shall recognise that persons belonging to a
national minority have the right to set up and to manage their own private
educational and training establishments.
The exercise of this right
shall not entail any financial obligation for the Parties.
Article 14
The Parties undertake to
recognise that every person belonging to a national minority has the right
to learn his or her minority language.
In areas inhabited by persons
belonging to national minorities traditionally or in substantial numbers, if
there is sufficient demand, the Parties shall endeavour to ensure, as far as
possible and within the framework of their education systems, that persons
belonging to those minorities have adequate opportunities for being taught
the minority language or for receiving instruction in this language.
Paragraph 2 of this article
shall be implemented without prejudice to the learning of the official
language or the teaching in this language.
Article 15
The Parties shall create the
conditions necessary for the effective participation of persons belonging to
national minorities in cultural, social and economic life and in public
affairs, in particular those affecting them.
Article 16
The Parties shall refrain from
measures which alter the proportions of the population in areas inhabited by
persons belonging to national minorities and are aimed at restricting the
rights and freedoms flowing from the principles enshrined in the present
framework Convention.
Article 17
The Parties undertake not to
interfere with the right of persons belonging to national minorities to
establish and maintain free and peaceful contacts across frontiers with
persons lawfully staying in other States, in particular those with whom they
share an ethnic, cultural, linguistic or religious identity, or a common
cultural heritage.
The Parties undertake not to
interfere with the right of persons belonging to national minorities to
participate in the activities of non-governmental organisations, both at the
national and international levels.
Article 18
The Parties shall endeavour to
conclude, where necessary, bilateral and multilateral agreements with other
States, in particular neighbouring States, in order to ensure the protection
of persons belonging to the national minorities concerned.
Where relevant, the Parties
shall take measures to encourage transfrontier co-operation.
Article 19
The Parties undertake to respect
and implement the principles enshrined in the present framework Convention
making, where necessary, only those limitations, restrictions or derogations
which are provided for in international legal instruments, in particular the
Convention for the Protection of Human Rights and Fundamental Freedoms, in so
far as they are relevant to the rights and freedoms flowing from the said
principles.
Section III
Article 20
In the exercise of the rights
and freedoms flowing from the principles enshrined in the present framework
Convention, any person belonging to a national minority shall respect the
national legislation and the rights of others, in particular those of persons
belonging to the majority or to other national minorities.
Article 21
Nothing in the present framework
Convention shall be interpreted as implying any right to engage in any
activity or perform any act contrary to the fundamental principles of
international law and in particular of the sovereign equality, territorial
integrity and political independence of States.
Article 22
Nothing in the present framework
Convention shall be construed as limiting or derogating from any of the human
rights and fundamental freedoms which may be ensured under the laws of any
Contracting Party or under any other agreement to which it is a Party.
Article 23
The rights and freedoms flowing
from the principles enshrined in the present framework Convention, in so far
as they are the subject of a corresponding provision in the Convention for the
Protection of Human Rights and Fundamental Freedoms or in the Protocols
thereto, shall be understood so as to conform to the latter provisions.
Section IV
Article 24
The Committee of Ministers of
the Council of Europe shall monitor the implementation of this framework
Convention by the Contracting Parties.
The Parties which are not
members of the Council of Europe shall participate in the implementation
mechanism, according to modalities to be determined.
Article 25
Within a period of one year
following the entry into force of this framework Convention in respect of a
Contracting Party, the latter shall transmit to the Secretary General of the
Council of Europe full information on the legislative and other measures
taken to give effect to the principles set out in this framework Convention.
Thereafter, each Party shall
transmit to the Secretary General on a periodical basis and whenever the
Committee of Ministers so requests any further information of relevance to
the implementation of this framework Convention.
The Secretary General shall
forward to the Committee of Ministers the information transmitted under the
terms of this article.
Article 26
In evaluating the adequacy of
the measures taken by the Parties to give effect to the principles set out
in this framework Convention the Committee of Ministers shall be assisted by
an advisory committee, the members of which shall have recognised expertise
in the field of the protection of national minorities.
The composition of this
advisory committee and its procedure shall be determined by the Committee of
Ministers within a period of one year following the entry into force of this
framework Convention.
Section V
Article 27
This framework Convention shall
be open for signature by the member States of the Council of Europe. Up until
the date when the Convention enters into force, it shall also be open for
signature by any other State so invited by the Committee of Ministers. It is
subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the
Council of Europe.
Article 28
This framework Convention shall
enter into force on the first day of the month following the expiration of a
period of three months after the date on which twelve member States of the
Council of Europe have expressed their consent to be bound by the Convention
in accordance with the provisions of Article 27.
In respect of any member State
which subsequently expresses its consent to be bound by it, the framework
Convention shall enter into force on the first day of the month following
the expiration of a period of three months after the date of the deposit of
the instrument of ratification, acceptance or approval.
Article 29
After the entry into force of
this framework Convention and after consulting the Contracting States, the
Committee of Ministers of the Council of Europe may invite to accede to the
Convention, by a decision taken by the majority provided for in Article 20.d
of the Statute of the Council of Europe, any non-member State of the Council
of Europe which, invited to sign in accordance with the provisions of
Article 27, has not yet done so, and any other non-member State.
In respect of any acceding
State, the framework Convention shall enter into force on the first day of
the month following the expiration of a period of three months after the
date of the deposit of the instrument of accession with the Secretary
General of the Council of Europe.
Article 30
Any State may at the time of
signature or when depositing its instrument of ratification, acceptance,
approval or accession, specify the territory or territories for whose
international relations it is responsible to which this framework Convention
shall apply.
Any State may at any later
date, by a declaration addressed to the Secretary General of the Council of
Europe, extend the application of this framework Convention to any other
territory specified in the declaration. In respect of such territory the
framework Convention shall enter into force on the first day of the month
following the expiration of a period of three months after the date of
receipt of such declaration by the Secretary General.
Any declaration made under the
two preceding paragraphs may, in respect of any territory specified in such
declaration, be withdrawn by a notification addressed to the Secretary
General. The withdrawal shall become effective on the first day of the month
following the expiration of a period of three months after the date of
receipt of such notification by the Secretary General.
Article 31
Any Party may at any time
denounce this framework Convention by means of a notification addressed to
the Secretary General of the Council of Europe.
Such denunciation shall become
effective on the first day of the month following the expiration of a period
of six months after the date of receipt of the notification by the Secretary
General.
Article 32
The Secretary General of the
Council of Europe shall notify the member States of the Council, other
signatory States and any State which has acceded to this framework Convention,
of:
any signature;
the deposit of any instrument
of ratification, acceptance, approval or accession;
any date of entry into force
of this framework Convention in accordance with Articles 28, 29 and 30;
any other act, notification
or communication relating to this framework Convention.
In witness whereof the
undersigned, being duly authorised thereto, have signed this framework
Convention.
Done at Strasbourg, this 1st day of February 1995, in English and French, both
texts being equally authentic, in a single copy which shall be deposited in
the archives of the Council of Europe. The Secretary General of the Council of
Europe shall transmit certified copies to each member State of the Council of
Europe and to any State invited to sign or accede to this framework
Convention.
