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COUNCIL OF EUROPE
European Treaties
ETS No.
157
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CONSEIL
DE L'EUROPE
Traités Européens
STE N°
157
|
FRAMEWORK CONVENTION FOR THE PROTECTION
OF NATIONAL MINORITIES
Strasbourg, 1.II.1995
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:
a any signature;
b the deposit of any instrument of
ratification, acceptance, approval or accession;
c any date of entry into force of this
framework Convention in accordance with Articles 28, 29
and 30;
d 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.
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