Framework Convention for the Protection of National Minorities
Encyclopedia
The Framework Convention for the Protection of National Minorities (FCNM) was signed on February 1995 by 22 member States of the Council of Europe
(not to be confused with similarly named institutions of the European Union
).
The Council of Europe first discussed according specific protection for national minorities in 1949, but it was not until 1990 that the Council of Europe made a firm commitment to protect these minority groups. Recommendation 1134 (1990) contained a list of principles which the Assembly considered necessary for this purpose. The Parliamentary Assembly did in the beginning call for adoption of a protocol to the ECHR.
The Framework was to become active in 1998. The broad aims of the Convention are to ensure that the signatory states respect the rights of national minorities, undertaking to combat discrimination, promote equality, preserve and develop the culture and identity of national minorities, guarantee certain freedoms in relation to access to the media, minority languages and education and encourage the participation of national minorities in public life.
Article 25 of the Framework Convention binds the member states to submit a report to the Council of Europe containing "full information on the legislative and other measures taken to give effect to the principles set out in this framework Convention" (Council of Europe, 1994, 7).
The Framework Convention for the Protection of National Minorities defines a national minority implicitly to include minorities possessing a territorial identity and a distinct cultural heritage.
By 2009, 43 member states have signed and 39 ratified this сonvention, but it has come under some criticism. First of all, not all member states of the Council of Europe have signed and ratified it. France
and Turkey
have done neither. Iceland
, Belgium
, Luxembourg
and Greece
have signed and have yet to ratify. Also, the provisions offer little new on already existing international treaties. Furthermore, they are hedged around with many phrases including 'as far as possible'.
Overall however, Phillips (2002) has argued that because the FCNM is flexible it has allowed such a great number of states to ratify it so quickly. Therefore it should not be considered a failure, but a start. Many authors agree with this arguing that it needs to be implemented in 'good faith' with the political will to support commitment to minority rights.
ethnicity was the only group specifically mentioned as being excluded. On 6 Mar 2007 Andrew George MP raised the question in the House of Commons, "what consideration did the UK government give to the application on behalf of the Cornish for inclusion in the European Framework Convention for the Protection of National Minorities ?" In August 2008 it was announced by Cornwall 2000
that they propose to lodge a case for the proposed inclusion of the Cornish into the Framework Convention for the Protection of National Minorities with the European Court of Human Rights
. The Council of Europe’s Framework Convention ‘Committee of Experts’ on minority rights (the Advisory Committee) and the UK Equality and Human Rights Commission have consistently come out strongly in favour of Cornish inclusion within the Convention.
The UK Government has been criticised for admitting to signing the FCNM convention for the wrong reasons - not to fulfil Convention principles to protect national minorities, but in fact to, “underline its commitment to tackle racial discrimination”.
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
(not to be confused with similarly named institutions of the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
).
The Council of Europe first discussed according specific protection for national minorities in 1949, but it was not until 1990 that the Council of Europe made a firm commitment to protect these minority groups. Recommendation 1134 (1990) contained a list of principles which the Assembly considered necessary for this purpose. The Parliamentary Assembly did in the beginning call for adoption of a protocol to the ECHR.
The Framework was to become active in 1998. The broad aims of the Convention are to ensure that the signatory states respect the rights of national minorities, undertaking to combat discrimination, promote equality, preserve and develop the culture and identity of national minorities, guarantee certain freedoms in relation to access to the media, minority languages and education and encourage the participation of national minorities in public life.
Article 25 of the Framework Convention binds the member states to submit a report to the Council of Europe containing "full information on the legislative and other measures taken to give effect to the principles set out in this framework Convention" (Council of Europe, 1994, 7).
The Framework Convention for the Protection of National Minorities defines a national minority implicitly to include minorities possessing a territorial identity and a distinct cultural heritage.
By 2009, 43 member states have signed and 39 ratified this сonvention, but it has come under some criticism. First of all, not all member states of the Council of Europe have signed and ratified it. France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
have done neither. Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
and Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
have signed and have yet to ratify. Also, the provisions offer little new on already existing international treaties. Furthermore, they are hedged around with many phrases including 'as far as possible'.
Overall however, Phillips (2002) has argued that because the FCNM is flexible it has allowed such a great number of states to ratify it so quickly. Therefore it should not be considered a failure, but a start. Many authors agree with this arguing that it needs to be implemented in 'good faith' with the political will to support commitment to minority rights.
Cornish ethnicity
In the 2006 UK Government's draft 'UK Framework Convention Compliance Report', the CornishCornish people
The Cornish are a people associated with Cornwall, a county and Duchy in the south-west of the United Kingdom that is seen in some respects as distinct from England, having more in common with the other Celtic parts of the United Kingdom such as Wales, as well as with other Celtic nations in Europe...
ethnicity was the only group specifically mentioned as being excluded. On 6 Mar 2007 Andrew George MP raised the question in the House of Commons, "what consideration did the UK government give to the application on behalf of the Cornish for inclusion in the European Framework Convention for the Protection of National Minorities ?" In August 2008 it was announced by Cornwall 2000
Cornwall 2000
Cornwall 2000 is a Cornish nationalist pressure group based in Bodmin, Cornwall, United Kingdom. The group was formed by John Angarrack, who has authored revisionist books on the history of Cornwall and has participated in the Cornish nationalist scene. The organisation is headquartered at John...
that they propose to lodge a case for the proposed inclusion of the Cornish into the Framework Convention for the Protection of National Minorities with the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. The Council of Europe’s Framework Convention ‘Committee of Experts’ on minority rights (the Advisory Committee) and the UK Equality and Human Rights Commission have consistently come out strongly in favour of Cornish inclusion within the Convention.
The UK Government has been criticised for admitting to signing the FCNM convention for the wrong reasons - not to fulfil Convention principles to protect national minorities, but in fact to, “underline its commitment to tackle racial discrimination”.
See also
- European Charter for Regional or Minority LanguagesEuropean Charter for Regional or Minority LanguagesThe European Charter for Regional or Minority Languages is a European treaty adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe...
- Languages of the European UnionLanguages of the European UnionThe languages of the European Union are languages used by people within the member states of the European Union. They include the twenty-three official languages of the European Union along with a range of others...
- UN Sub-Commission on Prevention of Discrimination and Protection of Minorities
- List of Linguistic Rights in Constitutions (Europe)
- Stateless nationStateless nationA stateless nation is a group, usually a minority ethnic group, considered as a nation entitled to its own state for that nation. Since there are few objective criteria for whether a particular group is a nation, or which particular group "has" any given multinational state, usage of the term is...
External links
- Data on Convenction on Council of Europe portal
- Secretariat of the Framework Convention
- State and NGO reports under FCNM
- The Cornish and the Council of Europe Framework Convention for the Protection of National Minorities
- MK and the Framework Convention for the Protection of National Minorities
- Eurominority map of minorities, native peoples and ethnic groups
- European languages
- The International Protection of Minority Rights
- The Rights of Minorities in Europe 2008 - A Commentary on the European Framework Convention for the Protection of National Minorities by Marc Weller
- Recommendations from NGOs for increasing the effectiveness and expanding the ratification of the FCNM 2008