COUNCIL OF EUROPE
European Treaties
ETS No. 157
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CONSEIL DE L'EUROPE
Traités Européens
STE N° 157
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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The Parties undertake to promote equal opportunities for access to education
at all levels for persons belonging to national minorities.
Article 13
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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.
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The exercise of this right shall not entail any financial obligation for
the Parties.
Article 14
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The Parties undertake to recognise that every person belonging to a national
minority has the right to learn his or her minority language.
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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.
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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
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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.
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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
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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.
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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
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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
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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.
Friesen