Framework
Convention for the protection of National Minorities
Council of Europe - European Treaty Series Nº 157
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
1.
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.
2.
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
1.
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.
2.
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.
3.
The measures adopted in
accordance with paragraph 2 shall not be considered to be an act of
discrimination.
Article
5
1.
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.
2.
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
1.
The Parties shall
encourage a spirit of tolerance and intercultural dialogue and take effective
measures to promote mutual respect and understanding and co-operation among all
persons living on their territory, irrespective of those persons' ethnic,
cultural, linguistic or religious identity, in particular in the fields of
education, culture and the media.
2.
The Parties undertake to
take appropriate measures to protect persons who may be subject to threats or
acts of discrimination, hostility or violence as a result of their ethnic,
cultural, linguistic or religious identity.
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
1.
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.
2.
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.
3.
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.
4.
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
1.
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.
2.
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.
3.
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
1.
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.
2.
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.
3.
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
1.
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.
2.
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.
3.
The Parties undertake to
promote equal opportunities for access to education at all levels for persons
belonging to national minorities.
Article
13
1.
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.
2.
The exercise of this
right shall not entail any financial obligation for the Parties.
Article
14
1.
The Parties undertake to
recognise that every person belonging to a national minority has the right to
learn his or her minority language.
2.
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.
3.
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
1.
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.
2.
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
1.
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.
2.
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
1.
The Committee of
Ministers of the Council of Europe shall monitor the implementation of this
framework Convention by the Contracting Parties.
2.
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
1.
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.
2.
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.
3. The Secretary General shall forward to the Committee of Ministers the information transmitted under the terms of this Article.
Article
26
1.
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.
2.
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
1.
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.
2.
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
1.
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.
2.
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
1.
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.
2.
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.
3.
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
1.
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.
2.
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.