Strasbourg, 6 June 2005 Restricted
CDL-MIN(2005)001
Study 294 / 2004 Engl.
only
EUROPEAN COMMISSION
FOR DEMOCRACY THROUGH LAW
(VENICE COMMISSION)
NON-CITIZENS AND MINORITY RIGHTS
Background
information
and issues for
discussion
A. Background
1. The protection of
national minorities forms an integral part of the international protection of
human rights. While the right to full and effective equality and the
prohibition of discrimination are of particular relevance for persons belong to
national minorities, it is to be stressed that minority protection goes beyond
the granting of fundamental freedoms and the right to equality coupled with the
prohibition of discrimination. Indeed, States are also expected to create and
promote the conditions necessary for persons belonging to national minorities
to maintain and develop the essential elements of their identity.
2. The issue of whether and
to what extent non-citizens should benefit from the specific minority
protection is a long-debated one. The controversial approach to it depends
largely on the absence of a legally-binding and even generally accepted
definition of “minority”.
3. Efforts made under the
auspices of the United Nations have gradually led to the abandonment of the
citizenship requirement as a precondition for the enjoyment of rights that are
relevant for persons belonging to minorities. This evolution is, inter alia,
evidenced by the stance taken in 1994 by the Human Rights Committee of the
United Nations. This body pointed out, in the context of its monitoring of the
implementation of the International Covenant on Civil and Political Rights,
that Article 27 ICCPR,
setting out the minority rights, is not limited to citizens. In the same vein,
the General Recommendation No 30 on “Discrimination against non-citizens”,
adopted by the Committee on the Elimination of Racial Discrimination at its 64th
session on 12 March 2004, stresses the potential discriminatory effect
of the citizenship requirement in a number of fields, including economic,
social and cultural rights.
4. The trends observed at
the European level seem to go in the same direction. The range of bodies and
organisations involved makes it, however, difficult to make a global
assessment.
5. In 1991, the Venice Commission prepared a “Proposal for a European
Convention for the Protection of Minorities”, which contained a draft
definition of the term “minority” making an explicit reference to the
citizenship criterion. The
opinions issued by the Venice Commission in more recent years,
however, show a tendency to abandon the citizenship requirement, although the
Commission has not said that such element would be inconsistent with the
international rules of minority protection.
6. The Parliamentary
Assembly of the Council of Europe (PACE) adopted Recommendation 1201 (1993) on
an additional protocol on the rights of national minorities to the European
Convention on Human Rights, making an explicit reference to the citizenship
criterion is its proposed definition of a “national minority”. The PACE
returned to this issue in Recommendation 1492(2000), but it focused on the
necessity to reinforce the effectiveness of the Framework Convention in
recommendation 1623(2003) rather than on the elaboration of a definition
including a reference to the citizenship criterion.
7. The Framework Convention
for the Protection of National Minorities, which was adopted in 1995, makes no
reference whatsoever to the citizenship requirement. The Advisory Committee, which is tasked to
monitor the implementation of this instrument for the Committee of Ministers, has expressed the view that it is important to
address the issue of the personal scope of application on an article-by-article
basis, and that the implementation of this treaty by the State Parties should
not be a source of arbitrary or unjustified distinctions, including as regards
the citizenship issue.
8. The Committee of Experts
of the European Charter for Regional or Minority Languages also tends to
disregard the citizenship requirement in its country-by-country monitoring work
since it is mainly concerned with the protection of languages as such.
9. As regards the OSCE, the
High Commissioner on National Minorities has always been of the opinion that
there is no legitimate basis upon which to make an a priori distinction
between citizens and non-citizens in terms of their equal enjoyment of human
rights, and that any exceptions to the equality principle must be narrowly
construed.
B. The work of the VeniceCommission’s working group on this matter
10. In the light of the
recent trends and the recurrent discussions on this subject, upon the
initiative of Mr Franz Matscher, a group of members of the Commission (Messrs.
Matscher, Malinverni and Van Dijk) decided to carry out further reflection on
the opportunity of retaining the citizenship requirement in the enjoyment of
minority rights.
11. A meeting was
consequently held in Strasbourg on 28 May 2004, which was attended, in addition
to the members of the Working Group, by Mr Asbjørn Eide, on behalf of both the
Advisory Committee on the Framework Convention for the Protection of National
Minorities and the Working Group on Minorities within the UN Sub-Commission on
Human Rights; Mr Emyr Lewis, on behalf of the Committee of Experts on the European
Charter on Regional or Minority Languages; Ms Danielle Coin, on behalf of the Committee
on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council
of Europe and Ms Dzenana Hadziomerovic, on behalf of the OSCE High Commissioner
on National Minorities.
12. The Sub-Commission on the
Protection of Minorities subsequently asked the working group to
prepare a study aimed at identifying the specific minority rights and the
criterion/a (such as long-standing lawful residence) which could, if
appropriate, replace the citizenship one. It was agreed that this work would be
carried out in consultation with the above-mentioned international bodies.
C.
Constitutional and legal framework in European States
13. Constitutions of many
European states in particular, those of countries of Central and Eastern Europe, refer to “minorities” and “minority rights”. In a number of
constitutions, the right to preserve and develop one’s ethnic and cultural
identity and language is explicitly guaranteed and construed as a foundation
stone for minority rights. It is to be noted that in a number of countries this
right is not conditioned by a citizenship requirement. In certain cases, however, specific domestic
legislation limits the enjoyment of guaranteed minority rights to citizens. The right to preserve and develop one’s ethnic
and cultural identity and language is often followed by the right to preserve
religious identity as well, and special rights regarding education.
14. Several constitutions
also provide for the rights of minorities to participate in the public life of
the state.
15. The constitutions do not,
however, attempt a definition of the term “minority”.
16. The countries that have
adopted specific laws on minorities attempt to define the term “minority” to
varying degrees of specificity. These include: Bosnia and Herzegovina, Croatia, Czech Republic, Estonia, Hungary, Moldova, Serbia and Montenegro and Ukraine. Most definitions, which are sometimes
accompanied by a list of the groups protected, use as defining characteristics
a combination of the following criteria :
-
citizenship
-
numerical
importance
-
territory
-
historic
link with the country of residence
-
ethnic,
cultural, linguistic, religious or traditional features or characteristics, which
are different from those of the rest of the population
-
a
will/wish to be considered minority and to preserve and develop their identity,
language and culture.
17. A number of other
countries are in the process of preparing a framework legislation on protection
of the rights of minorities.
18. Some examples of the
definition of “minority” established by national legislation are reproduced in
Appendix I to this document.
D.
Analysis of the declarations/reservations under Framework Convention
Overview of existing declarations
19. The absence of any
definition of the concept of “national minority” in the Framework Convention
itself,
coupled with the particular sensitivity of the issue, prompted many States to
enter declarations upon signature or ratification,
with a view to giving further precisions on the groups to be protected.
20. Most of these
declarations contain a definition of the term “national minority” for the
purpose of the Framework Convention and/or a list of the groups protected. A few
other declarations neither contain a definition nor list the groups protected,
but express a view - at least indirectly - on the citizenship requirement.
21. Out of the 13
declarations containing a definition and/or listing the groups protected, 7
explicitly mention the citizenship (or the nationality) of the state of
residence as a condition for persons belonging to national minorities to enjoy
the protection of the Framework Convention. The
other 6 declarations, however, do not make any reference to the citizenship
requirement.
22. Among the States that
have entered a declaration making an explicit link to the citizenship
requirement, some of them have thereby simply echoed an already existing
condition entrenched in their constitutional legal order. For
some others, restricting minority rights to citizens is not dictated by the
actual wording of their Constitution: this step is rather inspired by relevant
provisions of their legal order and/ or is simply part of a general policy
towards national minorities formulated in the context of the implementation of
the Framework Convention.
23. When considering the text
of the declarations, it is also important to bear in mind that an explicit
reference to the citizenship criterion does not necessarily fully reflects the
practice followed by the State concerned in the different fields covered by the
Framework Convention. In the context of its monitoring work, the Advisory
Committee has on occasions noticed that despite the official approach of their
Government, some authorities were not too strictly relying on the citizenship
requirement when dealing with persons belonging to national minorities in their
concrete sphere of competences.
24. Another element inviting
to take the wording of declarations with caution is that even in States that
have given their own definition of the term “national minority” and/or a list
of the groups protected without mentioning the citizenship criterion, an
analysis of the related practice may indeed reveal that most rights and
facilities are de facto available to citizens only.
Position of the States that have not entered declarations
25. In order to have a
meaningful overview of the State practice pertaining to the citizenship
requirement under the Framework Convention, it is necessary to briefly examine
whether those States that have not entered a declaration on the personal scope
of application have nevertheless expressed a view on this issue. This is all
the more important that the majority of State Parties to the Framework
Convention have not submitted any declaration.
26. A first groups of States
is made up of those which have unequivocally indicated they considered the
Framework Convention to be applicable to citizens only. Such statements have
been made already in the first State Reports or
in the subsequent stages of the monitoring procedure. Here
again, some of the States concerned have thereby simply reiterated what is
already enshrined in their constitutional legal order. For
some others, restricting minority rights to citizens only does not seems to
result from the wording of their Constitution.
27. A second group of States
is composed of those which have not stated that they considered the Framework
Convention to be applicable to citizens only. While it is rather certain that
some of these States do not intend to make any difference between citizens and
non-citizens when it comes to granting rights and facilities to persons
belonging to a national minority, the
situation is less clear in some other States which have not formulated a
position of principle on the issue. While it may be argued that some of them
tend to disregard the citizenship criterion in practice,
others seem to rely on this criterion at least in sectoral fields, depending on
the various rights and facilities at stake.
Preliminary findings
28. This overview of the
position taken by the States signatories to the Framework Convention as regards
the citizenship criterion clearly shows that there is a great variety of
approaches by the different States. These approaches may in some cases be
dictated by clear constitutional criteria, but appear more frequently guided by
the existence of relevant legislative provisions and/ or the formulation of a
general policy towards national minorities.
29. An analysis of the
declarations entered upon signature or ratification of the Framework Convention
indicates that several states clearly consider the citizenship requirement a
precondition for persons belonging to national minorities to benefit from the protection
offered by this instrument. A roughly equal number of States, however, have
made no link whatsoever to citizenship in their declarations. Moreover, it
should be borne in mind that the majority of State Parties to the Framework
Convention have not entered any declaration, although they may have taken a
clear position or at least followed a certain approach in favour or against the
citizenship requirement in the context of the monitoring work.
30. A closer examination of
national situations, as is done in the context of the monitoring under the
Framework Convention, would probably reveal that even for States that have
taken a clear position on the citizenship requirement, be it in a declaration
or not, that position is not always consistently reflected in practice. Indeed,
domestic authorities may appear more flexible vis-à-vis the citizenship
requirement when dealing with practical cases in their concrete sphere of
competences.
31. The present overview
therefore makes it difficult to identify a dominant trend under the Framework
Convention as regards the position taken by the States on the citizenship
criterion since a meaningful pattern of national examples exist in both
directions. In addition, it must be borne in mind that this topic is under constant
evolution. The monitoring of the Framework Convention indeed shows that certain
States have reconsidered their approach on the issue on the basis of the
results of the first cycle and this shall become more apparent in the
subsequent stages of the monitoring.
D.
Issues to be discussed
32. There appears to be a
growing consensus, at the international level, on the fact that the citizenship
requirement should not be included in domestic provisions dealing generally
with the scope of application of minority protection instruments: such a
requirement could, instead, be contained only in some specific provisions
dealing with issues where citizenship may be deemed essential.
33. It is proposed that the
following issues be discussed within the sub-commission :
1) Are there strong arguments against the
enjoyment by all persons, irrespective of their citizenship, of the right to
preserve and develop one’s ethnic and cultural identity?
2) Depending on the meaning given to it, the
concept of cultural rights may cover a range of rights and facilities in the
fields of:
o
Education
(right to minority language and/or culture teaching);
o
Media
(right to have access to state-run media, right to create and use private
media);
o
Use of a
minority language in private and in public life (including right to make use,
under certain conditions, of a minority language in relations with certain
authorities).
Among these so-called cultural rights, which
ones should be open to all persons belonging to national minorities,
irrespective of the citizenship criterion?
3) Under the heading “effective participation in
public affairs”, a number of rights and mechanisms may be covered:
o
Political
rights (right to vote and stand for elections, both a the state and local
level);
o
Right to
be consulted through appropriate structures (minority councils, minority
self-governments, advisory bodies, etc.);
o
Civil
service (right to access civil service so as to reach an adequate
representation).
Although it is often considered admissible to
restrict political rights to citizens only, is there anyhow a need to
distinguish between the state and local level? As regards participatory rights
other than the right to vote and stand for elections, should the citizenship
criterion have the same relevance?
4) For those rights for which the citizenship
criterion should not be retained, what element/s could be used instead?
(long-standing lawful residence?)
5) As a general point concerning the enjoyment of
minority rights and the relevance of the citizenship criterion, is there a need
to make a distinction between the situation of foreigners and that of
non-citizens in that the latter would need a stronger protection?
6) Should the prohibition of discrimination
between EU citizens have an impact on the debate on the relevance of the
citizenship criterion for the enjoyment of minority rights?
7) Would it be useful to elaborate guidelines as
regards the citizenship criterion in the enjoyment of minority rights so as to
help States to avoid making arbitrary or unreasonable distinctions? What form
would these guidelines take? Would it be possible/useful to elaborate them
together or in consultation with the other international bodies dealing with
minority protection?
* * *
Appendix I: overview of relevant constitutional
and legal provisions
CROATIA
Constitution
Preambule
… the Republic of Croatia is established as the
national state of the Croatian nation and the state of the members of
autochthonous national minorities: Serbs, Czechs, Slovaks, Italians,
Hungarians, Jews, Germans, Austrians, Ukrainians and Ruthenians and the others
who are citizens, and who are guaranteed equality with citizens of Croatian
nationality and the realization of national rights in accordance with the
democratic norms of the United Nations Organization and the countries of the
free world.
Constitutional Law
Article 5
A national minority in the sense of this Constitutional Law shall be a
group of croatian citizens whose members have been traditionally settled in the
territory of Republic of Croatia and who have ethnic, linguistic, cultural
and/or religious characteristics which are different than those of other
citizens and who are guided by the wish for the preservation of those
characteristics.
CZECH REPUBLIC
Constitution (Charter of Fundamental Rights and
Freedoms)
Article 25
(1) Citizens who constitute national or ethnic minorities are guaranteed all-
round development, in particular the right to develop with other members of the
minority their own culture, the right to disseminate and receive information in
their language, and the right to associate in ethnic associations. Detailed
provisions in this respect shall be set by law.
Act on on rights of members of national minorities and amendment of some
acts
Article 2
(1) A national minority is a community of citizens of the Czech Republic
who live on the territory of the present Czech Republic and as a rule differ
from other citizens by their common ethnic origin, language, culture and
traditions; they represent a minority of citizens and at the same time they
show their will to be considered a national minority for the purpose of common efforts to preserve and develop their
own identity, language and culture and at the same time express and preserve
interests of their community which has been formed during history.
(2) The member of a national minority is a
citizen of the Czech Republic who professes other than Czech
ethnic origin and wishes to be considered a member of a national minority in
common with the others who profess the same ethnic origin.
ESTONIA
Constitution
Article 49.
Everyone shall have the
right to preserve his or her ethnic identity.
Article
50.
Ethnic
minorities shall have the right, in the interests of their national culture, to
establish institutions of self-government in accordance with conditions and
procedures determined by the Law on Cultural Autonomy for Ethnic Minorities
Law on cultural autonomy for ethnic minorities
Article 1.
This Law
considers as national minorities citizens of Estonia who:
- reside on the territory of Estonia;
- maintain longstanding, firm and
lasting ties with Estonia;
- are distinct from Estonians on
the basis of their ethnic, cultural, religious, or linguistic
characteristics;
- are motivated by a concern to
preserve together their cultural traditions, their religion or their
language which constitute the basis of their common identity
Article 2.
(1) For
the purposes of the present Law, cultural autonomy for national minorities is
defined as the right of individuals belonging to a national minority to
establish cultural autonomy in order to achieve the cultural rights given to
them by the constitution.
(2)
National minority cultural autonomy may be established by persons belonging to
German, Russian, Swedish and Jewish minorities and persons belonging to
national minorities with a membership of more than 3000.
FINLAND
Constitution
Article 17
The Sami, as an indigenous people, as well as the Roma
and other groups, have the right to maintain and develop their own language and
culture. Provisions on the right of the Sami to use the Sami language before
the authorities are laid down by an Act. The rights of persons using sign
language and of persons in need of interpretation or translation aid owing to
disability shall be guaranteed by an Act
HUNGARY
Constitution
Article 68.
The national and ethnic minorities living in the Republic of Hungary
participate in the sovereign power of the people: they represent a constituent
factor of the State. (2) The Republic of Hungary shall
provide for the protection of national and ethnic minorities. It shall ensure
their collective participation in public affairs, the fostering of their
cultures, the use of their own languages, education in their own languages and
the use of names in their own languages. (3) The laws of the Republic of Hungary shall
ensure representation of the national and ethnic minorities living within the
country. (4) National and ethnic minorities shall have the right to form local
and national self-governments.
(5) A majority of two-thirds of the votes of the Members of Parliament present
is required to pass the statute on Act LXXVII of 1993 on the Rights
of National and Ethnic Minorities
Law on the Rights of National
and Ethnic Minorities
Preambule
/…/ the right to national and ethnic identity
as a universal human right, that the special individual and collective rights
of national and ethnic minorities are fundamental rights of freedom, which it
will respect and enforce in the Republic of Hungary.
In their
entirety these rights are neither a gift from the majority nor the privilege of
the minority, nor is their basis the numerical proportion of the national and
ethnic minorities within the majority nation, but the right to be different,
which is based on respect for the freedom of the individual and for social
harmony.
Article
1
(1) This
Act applies to all persons of Hungarian citizenship living in the Republic of Hungary who consider themselves members of
any national or ethnic minority and to the communities of these people.
(2) For
the purposes of the present Act a national or ethnic minority (hereinafter
'minority') is any ethnic group with a history of at least one century of
living in the Republic of Hungary, which represents a numerical minority among
the citizens of the state, the members of which are Hungarian citizens, and are
distinguished from the rest of the citizens by their own language, culture and
traditions, and at the same time demonstrate a sense of belonging together,
which is aimed at the preservation of all these, and the expression and
protection of the interests of their communities, which have been formed in the
course of history.
LATVIA
Constitution
Article 114
Persons
belonging to ethnic minorities have the right to preserve and develop their
language and their ethnic and cultural identity.
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”
Constitution
Preambule
The citizens of the
Republic of Macedonia, the Macedonian people, as well as, citizens living
within its borders, who are part of the Albanian people, the Turk people, the
Vlach people, the Serb people, the Roma people, the Bosniaks people and others
…/…/
Article 48 (amendment 2001 – annex to Ohrid agreement)
1) Members
of communities have a right freely to
express, foster and develop their identity and community attributes, and to use
their community symbols.
(2) The
Republic guarantees the protection of the ethnic, cultural, linguistic and
religious identity of all communities.
(3)
Members of communities have the right to establish institutions for culture,
art, science and education, as well as scholarly and other associations for the
expression, fostering and development of their identity.
(4)
Members of communities have the right to instruction in their language in
primary and secondary education, as determined by law. In schools where
education is carried out in another language, the Macedonian language is also
studied.
MOLDOVA
Constitution
Article
10
/…/
(2) The State recognizes and guarantees all
its citizens the right to preserve, develop and express their ethnic, cultural,
linguistic and religious identity.
Law
concerning the rights of persons belonging to the national minorities and the
legal status of the organizations thereof
Article 1
For the purposes of
this law, a person belonging to a national minority shall mean any person who
resides on the territory of the Republic of Moldova and is a citizen thereof,
and is further characterized by ethnic, cultural, linguistic, and religious
particularities which distinguish said person from the majority of the
population – the Moldovans –, and who considers himself or herself to be of a
different ethnic origin.
Article 2
Persons belonging to
a national minority have the right to choose freely whether they belong to the
respective minority. This choice or the exercise of rights in connection
therewith shall not place the individual exercising such choice in an
unfavorable position.
STATE UNION OF SERBIA AND MONTENEGRO
Charter on Human and
Minority Rights and Fundamental Freedoms ( March 2003)
Article
7
Human and minority rights guaranteed by
universally accepted rules of international law, as well as by international
treaties in force in the state union are guaranteed by this charter and are
directly applicable.
Article
10
Human and minority rights guaranteed by
this charter shall be interpreted in the manner promoting the values of an open
and free democratic society and in accordance with the valid international
guarantees of human and minority rights and practice of international bodies
supervising their implementation.
Article 47
The rights of
persons belonging to national minorities shall be exercised in accordance with
international-legal protection of human and minority rights.
Persons belonging to national minorities shall have
individual and collective rights, rights that are exercised individually or in
community with others, in accordance with the law and international standards.
Collective rights imply that persons belonging to
national minorities shall, directly or through their elected representatives,
take part in decision taking process or decide on issues related to their
culture, education, information and the use of language and script, in
accordance with the law.
For the purposes of exercising their right to autonomy
in the fields of culture, education, information and the official use of
language and script, persons belonging to national minorities may elect their
national councils, in accordance with the law.
In addition to the term "national minorities",
other terms established by the constitutions and laws of the member states may
be equally used.
Article 48
Freedom to express national origin shall be
guaranteed.
No one shall be obliged to declare his national
origin.
UKRAINE
Law on National Minorities
(June 1992)
Article 3.
To national minorities belong groups of Ukrainian citizens, who are not of
Ukrainian nationality, but show feeling of national self-awareness and
affinity.
Appendix II: list of declarations/reservations
entered upon signature and/or ratification of the Framework Convention for the
Protection of National Minorities
List of declarations
made with respect to treaty No. 157
|
Framework Convention for the Protection
of National Minorities
|
Status as of: 17/5/2005
Declaration contained in the
instrument of ratification deposited on 31 March 1998
- Or. Engl.
The Republic of Austria declares that, for itself, the term "national
minorities" within the meaning of the Framework Convention for the
Protection of National Minorities is understood to designate those groups which
come within the scope of application of the Law on Ethnic Groups (Volksgruppengesetz, Federal Law Gazette
No. 396/1976) and which live and traditionally have had their home in
parts of the territory of the Republic of Austria and which are composed of
Austrian citizens with non-German mother tongues and with their own ethnic
cultures.
Period covered: 1/7/1998
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of accession deposited on 26 June 2000
- Or. Eng.
The Republic of Azerbaijan, confirming its adherence to the universal values
and respecting human rights and fundamental freedoms, declares that the
ratification of the Framework Convention for the Protection of National Minorities
and implementation of its provisions do not imply any right to engage in any
activity violating the territorial integrity and sovereignty, or internal and
international security of the Republic of Azerbaijan.
Period covered: 1/10/2000
-
|
The preceding statement concerns
Article(s) : -
|
Reservation accompanying the
signature of the instrument on 31 July 2001
- Or. Fr.
The Kingdom of Belgium
declares that the Framework Convention applies without prejudice to the
constitutional provisions, guarantees or principles, and without prejudice to
the legislative rules which currently govern the use of languages. The Kingdom of Belgium declares that the
notion of national minority will be defined by the inter-ministerial conference
of foreign policy.
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of ratification deposited on 7 May 1999
- Or. Eng./Bulg.
Confirming its adherence to the values of the Council of Europe and the desire
for the integration of Bulgaria into the European structures, committed to the
policy of protection of human rights and tolerance to persons belonging to
minorities, and their full integration into Bulgarian society, the National
Assembly of the Republic of Bulgaria declares that the ratification and
implementation of the Framework Convention for the Protection of National
Minorities do not imply any right to engage in any activity violating the
territorial integrity and sovereignty of the unitary Bulgarian State, its
internal and international security.
Period covered: 1/9/1999
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in a Note
Verbale dated 22 September 1997, handed to the Secretary General at
the time of deposit of the instrument of ratification, on
22 September 1997 - Or. Engl.
In connection with the deposit of the instrument of ratification by Denmark of the
Framework Convention for the Protection of National Minorities, it is hereby
declared that the Framework Convention shall apply to the German minority in South
Jutland of the Kingdom of Denmark.
Period covered: 1/2/1998
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of ratification, deposited on 6 January 1997
- Or. Est./Engl.
The Republic of Estonia understands the term "national minorities",
which is not defined in the Framework Convention for the Protection of National
Minorities, as follows: are considered as "national minority" those
citizens of Estonia who
- reside on the territory of Estonia;
- maintain longstanding, firm and lasting ties with Estonia;
- are distinct from Estonians on the basis of their ethnic, cultural, religious
or linguistic characteristics;
- are motivated by a concern to preserve together their cultural traditions,
their religion or their language, which constitute the basis of their common
identity.
Period covered: 1/2/1998
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in a letter
from the Permanent Representative of Germany, dated 11 May 1995, handed to the
Secretary General at the time of signature, on 11 May 1995 - Or. Ger./Engl. -
and renewed in the instrument of ratification, deposited on 10 September 1997
- Or. Ger./Engl.
The Framework Convention contains no definition of the notion of national
minorities. It is therefore up to the individual Contracting Parties to
determine the groups to which it shall apply after ratification. National
Minorities in the Federal Republic of Germany are the Danes of German
citizenship and the members of the Sorbian people with German citizenship. The
Framework Convention will also be applied to members of the ethnic groups
traditionally resident in Germany, the Frisians
of German citizenship and the Sinti and Roma of German citizenship.
Period covered: 1/2/1998
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of ratification deposited on 18 November 1997
- Or. Fr.
The Principality of Liechtenstein declares that Articles 24 and 25, in
particular, of the Framework Convention for the Protection of National
Minorities of 1 February 1995 are to be understood having regard to
the fact that no national minorities in the sense of the Framework Convention
exist in the territory of the Principality of Liechtenstein. The Principality
of Liechtenstein considers its ratification of the Framework Convention as an
act of solidarity in the view of the objectives of the Convention.
Period covered: 1/3/1998
-
|
The preceding statement concerns
Article(s) : 24, 25
|
Declaration contained in a letter
from the Permanent Representative of Luxembourg, dated 18 July 1995,
handed to the Secretary General at the time of signature, on 20 July 1995
- Or. Fr.
The Grand Duchy of Luxembourg understands by "national minority" in
the meaning of the Framework Convention, a group of people settled for numerous
generations on its territory, having the Luxembourg
nationality and having kept distinctive characteristics in an ethnic and
linguistic way.
On the basis of this definition, the Grand Duchy of Luxembourg is induced to
establish that there is no "national minority" on its territory.
|
The preceding statement concerns Article(s)
: -
|
Reservation contained in the
instrument of ratification, deposited on 10 February 1998
- Or. Engl.
The Government of Malta reserves the right not to be bound by the provisions of
Article 15 insofar as these entail the right to vote or to stand for election
either for the House of Representatives or for Local Councils.
Period covered: 1/6/1998
-
|
The preceding statement concerns
Article(s) : 15
|
Declaration contained in the
instrument of ratification, deposited on 10 February 1998
- Or. Engl.
The Government of Malta declares that Articles 24 and 25, in particular, of the
Framework Convention for the Protection of National Minorities of 1 February
1995 are to be understood having regard to the fact that no national minorities
in the sense of the Framework Convention exist in the territory of the
Government of Malta. The Government of Malta considers its ratification of the
Framework Convention as an act of solidarity in the view of the objectives of
the Convention.
Period covered: 1/6/1998
-
|
The preceding statement concerns
Article(s) : 24, 25
|
Declaration contained in a Note
verbale from the Permanent Representation of the Netherlands
deposited with the instrument of acceptance, on 16 February 2005
- Or. Engl.
The Kingdom of the Netherlands
will apply the Framework Convention to the Frisians.
Period covered: 1/6/2005
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in a Note
verbale from thePermanent Representation of the Netherlands
deposited with the instrument of acceptance, on 16 February 2005
- Or. Engl.
The Government of the Netherlands assumes that the protection afforded by
Article 10, paragraph 3, does not differ, despite the variations in wording,
from that afforded by Article 5, paragraph 2, and Article 6, paragraph 3 (a)
and (e), of the European Convention for the Protection of Human Rights and
Fundamental Freedoms.
Period covered: 1/6/2005
-
|
The preceding statement concerns
Article(s) : 10
|
Declaration contained in the
instrument of acceptance deposited on 16 February 2005
- Or. Engl.
The Kingdom of the Netherlands
accepts the Framework Convention for the Kingdom in Europe.
Period covered: 1/6/2005
-
|
The preceding statement concerns
Article(s) : 30
|
Declaration contained in a Note
Verbale, handed at the time of deposit of the instrument of ratification on 20
décembre 2000 - Or. Fr.
Taking into consideration the fact, that the Framework Convention for the
Protection of National Minorities contains no definition of the national
minorities notion, the Republic
of Poland
declares, that it understands this term as national minorities residing within
the territory of the Republic
of Poland
at the same time whose members are polish citizens.
Period covered: 1/4/2001
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in a Note
Verbale, handed at the time of deposit of the instrument of ratification on 20
décembre 2000 - Or. Fr.
The Republic of Poland
shall also implement the Framework Convention under Article 18 of the
Convention by conclusion of international agreements mentioned in this Article,
the aim of which is to protect national minorities in Poland and minorities
or groups of Poles in other States.
Period covered: 1/4/2001
-
|
The preceding statement concerns
Article(s) : 18
|
Declaration contained in the
instrument of ratification deposited on 21 August 1998
- Or. Rus./Engl./Fr.
The Russian Federation
considers that none is entitled to include unilaterally in reservations or
declarations, made while signing or ratifying the Framework Convention for the
Protection of National Minorities, a definition of the term "national
minority", which is not contained in the Framework Convention. In the
opinion of the Russian
Federation, attempts to
exclude from the scope of the Framework Convention the persons who permanently
reside in the territory
of States Parties
to the Framework Convention and previously had a citizenship but have been
arbitrarily deprived of it, contradict the purpose of the Framework Convention
for the Protection of National Minorities.
Period covered: 1/12/1998
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in a Note
Verbale from the Permanent Representation of Slovenia, dated
23 March 1998, handed to the Secretary General at the time of deposit
of the instrument of ratification, on 25 March 1998 - Or. Engl.
Considering that the Framework Convention for the Protection of National
Minorities does not contain a definition of the notion of national minorities
and it is therefore up to the individual Contracting Party to determine the
groups which it shall consider as national minorities, the Government of the
Republic of Slovenia, in accordance with the Constitution and internal
legislation of the Republic of Slovenia, declares that these are the
autochthonous Italian and Hungarian National Minorities. In accordance with the
Constitution and internal legislation of the Republic of Slovenia, the provisions
of the Framework Convention shall apply also to the members of the Roma
community, who live in the Republic of Slovenia.
Period covered: 1/7/1998
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of ratification deposited on 9 February 2000
- Or. Eng.
The national minorities in Sweden are Sami,
Swedish Finns, Tornedalers, Roma and Jews.
Period covered: 1/6/2000
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of ratification deposited on 21 October 1998
- Or. Fr.
Switzerland declares that in Switzerland national minorities in the sense of
the framework Convention are groups of individuals numerically inferior to the
rest of the population of the country or of a canton, whose members are Swiss
nationals, have long-standing, firm and lasting ties with Switzerland and are
guided by the will to safeguard together what constitutes their common
identity, in particular their culture, their traditions, their religion or
their language.
Period covered: 1/2/1999
-
|
The preceding statement concerns
Article(s) : -
|
Declaration contained in the
instrument of ratification deposited on 21 October 1998
- Or. Fr.
Switzerland declares that the provisions of the framework Convention governing
the use of the language in relations between individuals and administrative
authorities are applicable without prejudice to the principles observed by the
Confederation and the cantons in the determination of official languages.
Period covered: 1/2/1999
-
|
The preceding statement concerns
Article(s) : -
|
|
|
|
the former Yugoslav Republic of Macedonia :
|
Declaration contained in a letter
from the Minister of Foreign Affairs, dated 16 April 2004, registered at the
Secretariat General on 2 June 2004 - Or. Engl.
Referring to the Framework Convention, and taking into account the latest amendments
to the Constitution of the Republic of Macedonia, the Minister of Foreign
Affairs of Macedonia submits the revised declaration to replace the previous
two declarations on the aforesaid Convention:
The term "national minorities" used in the Framework Convention and
the provisions of the same Convention shall be applied to the citizens of the
Republic of Macedonia who live within its borders and who are part of the
Albanian people, Turkish people, Vlach people, Serbian people, Roma people and
Bosniac people.
Period covered: 2/6/2004
-
|
The preceding statement concerns
Article(s) : -
|
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