Ministers’ Deputies

Notes on the Agenda

CM/Notes/865/4.1 (restricted) 28 November 2003

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865 Meeting, 10 December 2003
4 Human Rights

4.1 Framework Convention for the Protection of National Minorities
Draft resolutions on the implementation of the Framework Convention for the Protection of National Minorities by Lithuania, Sweden and Switzerland

Item prepared by the GR-H

Reference document
GR-H(2003)CB14

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Action To consider, with a view to their adoption, draft resolutions on the implementation of the Framework Convention by Lithuania, Sweden and Switzerland as they appear in the appendices to the present Notes.

The draft resolutions on the implementation of the Framework Convention were approved by the Rapporteur Group on Human Rights (GR-H) at its meeting on 18 November 2003 (see document GR-H(2003)CB14).

Financing assured: YES

DRAFT DECISIONS

865th meeting –  10 December 2003

Item 4.1

Advisory Committee on the Framework Convention for the Protection of National Minorities

Draft resolutions on the implementation of the Framework Convention for the Protection of National Minorities by Lithuania, Sweden and Switzerland

(GR-H(2003)CB14)

Decisions

The Deputies

1.         adopted Resolution ResCMN(2003).. on the implementation of the Framework Convention for the Protection of National Minorities by Lithuania, as it appears in Appendix .. to the present volume of Decisions ;<see Appendix I to the present Notes>

2.         adopted Resolution ResCMN(2003).. on the implementation of the Framework Convention for the Protection of National Minorities by Sweden, as it appears in Appendix .. to the present volume of Decisions ;<see Appendix II to the present Notes>

3.         adopted Resolution ResCMN(2003).. on the implementation of the Framework Convention for the Protection of National Minorities by Switzerland, as it appears in Appendix .. to the present volume of Decisions.<see Appendix III to the present Notes>

Appendix I

Resolution ResCMN(2003)…

on the implementation of the Framework Convention for the Protection of National Minorities

by Lithuania

(Adopted by the Committee of Ministers on … 2003
at the … meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10[1];

Having regard to the instrument of ratification submitted by Lithuania on 1st July 2000;

Recalling that the Government of Lithuania transmitted its state report in respect of the first monitoring cycle under the Framework Convention on 31 October 2001;

Whereas the Advisory Committee accepted the invitation of the Government of Lithuania to send a delegation to gather further information in Lithuania; this visit taking place from 25 to 28 November 2002;

Whereas the Advisory Committee’s opinion on the implementation of the Framework Convention by Lithuania was adopted on 21 February 2003 and then transmitted to the Permanent Representative of Lithuania and communicated to the permanent representatives of all member states as document CM(2003)78;

Whereas the Government of Lithuania submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the delegations of all member states on 25 September 2003 as an addendum to document CM(2003)78;

Having examined the Advisory Committee’s opinion and the written comments of the Government of Lithuania;

Having also taken note of comments by other governments,

1.             Adopts the following conclusions concerning the implementation of the Framework Convention by Lithuania:

-           Lithuania has chosen an open and flexible approach as regards the personal scope of application of the Framework Convention and has made commendable efforts for the protection of national minorities, including in the legislative field. These efforts have allowed for the preservation and development of the culture and identity of national minorities;

-           The authorities should however proceed with improvement of legislation and its practical implementation in such fields as education, use of minority languages, participation in public affairs and intercultural dialogue. Particular attention should be paid to the discriminatory effect, on persons belonging to national minorities, of the provisions relating to dual citizenship in the new law on citizenship;

-           The authorities should make sure that ongoing legislative reform does not lead to a lower level of protection than that already enjoyed by persons belonging to national minorities. Also, it is essential to ensure that the reforms lead to the establishment of a coherent legal framework for the protection of national minorities. In this respect, further efforts are needed to remedy the legal uncertainty noted as regards the use of minority languages with administrative authorities, and as regards local names, street names and other topographical information;

-           In the field of education, it is essential to ensure a clear and effective legal framework with respect to the instruction of and instruction in minority languages.  The authorities should ensure that in the ongoing reform process there is clarity concerning,  for instance, the number of pupils required and the authorities competent to decide on the opening, maintaining or closing of classes or schools providing such instruction;

-           Despite recent initiatives by the authorities, certain Roma continue to be confronted with real problems, including those of a socio-economic nature. Further efforts are necessary to eliminate such difficulties.

2.             Recommends that Lithuania take appropriate account of the conclusions set out in section 1 above, together with the various comments in the Advisory Committee’s opinion.

3.         Invites the Government of Lithuania, in accordance with Resolution (97) 10:

a.         to continue the dialogue in progress with the Advisory Committee;

b.         to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above.

Appendix II

Resolution ResCMN(2003)…

on the implementation of the Framework Convention for the Protection of National Minorities

by Sweden

(Adopted by the Committee of Ministers on … 2003
at the … meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10[2];

Having regard to the instrument of ratification submitted by Sweden on 9 February 2000;

Recalling that the Government of Sweden transmitted its state report in respect of the first monitoring cycle under the Framework Convention on 5 June 2001;

Whereas the Advisory Committee accepted the invitation of the Government of Sweden to send a delegation to gather further information in Sweden; this visit taking place from 25 to 29 November 2002;

Whereas the Advisory Committee’s opinion on the implementation of the Framework Convention by Sweden was adopted on 20 February 2003 and then transmitted to the Permanent Representative of Swedenand communicated to the permanent representatives of all member states as document CM(2003)79 and subsequently made public by the Government of Sweden;

Whereas the Government of Sweden submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the delegations of all member states as an addendum to document CM(2003)79, dated 25 July 2003;

Having examined the Advisory Committee’s opinion and the written comments of the Government of Sweden;

Having also taken note of comments by other governments,

3.             Adopts the following conclusions concerning the implementation of the Framework Convention by Sweden:

-           Sweden has in recent years begun to develop a legislative framework pertaining to the protection of national minorities and taken an inclusive approach as regards the persons covered by these initiatives. These positive developments concern in particular the five municipalities in northern Sweden in which new minority language legislation applies;

-           There remains a need to expand the scope of legislation protecting national minorities. Furthermore, the principles of the Framework Convention need to be taken more consistently into account in practice. The high degree of decentralisation on many key issues pertaining to the implementation of the Framework Convention means that the local authorities have a central responsibility in monitoring and addressing problems in this respect. Shortcomings are particularly evident as regards support for languages of national minorities in the field of education, but they pertain also to other sectors, including the media, where support for initiatives of persons belonging to national minorities needs to be developed further;

 

-           There is a pressing need to find a balanced solution to, and improve legal certainty on, the issue of land rights in the areas inhabited traditionally by the Sami, with a view to ensuring inter-ethnic harmony in the region and the protection of the culture and identity of persons belonging to this indigenous people;

-           The implementation of the newly-improved legislation regarding ethnic discrimination is important, bearing in mind the discrimination faced by minorities, notably Roma, in such fields as housing and employment;

-           The Swedish authorities should continue to develop consultation structures with a view to improving participation of persons belonging to national minorities in decision-making affecting them;

4.             Recommends that Sweden take appropriate account of the conclusions set out in section 1 above, together with the various comments in the Advisory Committee’s opinion.

3.         Invites the Government of Sweden, in accordance with Resolution (97) 10:

a.          to continue the dialogue in progress with the Advisory Committee;

b.         to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above.

Appendix III

Resolution ResCMN(2003)…

on the implementation of the Framework Convention for the Protection of National Minorities

by Switzerland

(Adopted by the Committee of Ministers on … 2003
at the … meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”),

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

                                                      

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10[3];

Having regard to the instrument of ratification submitted by Switzerland on 21 October 1998;

Recalling that the Government of Switzerland transmitted its state report in respect of the first monitoring cycle of the Framework Convention on 16 May 2001;

Whereas the Advisory Committee accepted the invitation of the Government of Switzerland to send a delegation to gather further information in Switzerland, this visit taking place from 11 to 13 November 2002;

Whereas the Advisory Committee’s opinion on the implementation of the Framework Convention by Switzerland was adopted on 20 February 2003 and then transmitted to the Permanent Representative of Switzerland and communicated to the permanent representatives of all member states as document CM(2003)80 and subsequently made public by the Government of Switzerland;

Whereas the Swiss Government submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the delegations of all member states as an addendum to document CM(2003)80 dated 23 September 2003;

Having examined the Advisory Committee’s opinion and the written comments of the Government of Switzerland;

Having also taken note of comments by other governments,

5.             Adopts the following conclusions concerning the implementation of the Framework Convention by Switzerland:

-           Switzerland has made particularly commendable efforts in a number of fields in respect of its linguistic minorities. The institutional framework enables French-, Italian- and Romanche-speakers, as well as German-speakers of Cantons Fribourg and Valais, to preserve and develop the essential elements of their identities, in particular their language and culture. Moreover, a number of institutional arrangements ensure an extensive political participation of linguistic minorities at all levels;

-           The legal guarantees as concerns the use of minority languages in relations with the administrative authorities are very extensive, and numerous efforts have been undertaken to reinforce the position of Romanche. Increased attention could however be given to the principles enshrined in the Framework Convention when it comes to authorising, at the infra-cantonal level, the use of a minority language in the aforementioned relations;

-           In the field of education, the authorities should ensure that the needs of persons belonging to linguistic minorities as regards instruction in a minority language outside its area of traditional establishment are better taken into account, which is particularly important for the Italian- and Romanche- speakers. In Canton Graubünden, the greatest possible caution should be exercised in examining any change in the language of instruction at the municipal level;

                                                                                                              

-           There is scope for improvement in order to make it possible for Travellers to develop the essential elements of their identity. With a view to remedying the main difficulties these persons are faced with, in particular the lack of stopping places and transit sites, further measures, notably legislative ones, should be taken by the authorities. Furthermore, participation mechanisms for Travellers should be strengthened;

                                                             

2.         Recommends that Switzerland take appropriate account of the conclusions set out in section 1 above, together with the various comments in the Advisory Committee’s opinion.

3.         Invites the Government of Switzerland, in accordance with Resolution (97) 10:

a.         to continue the dialogue in progress with the Advisory Committee;

b.         to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.