Framework Convention for the Protection of National Minorities: Difference between revisions
accurate caption |
|||
Line 1: | Line 1: | ||
{{EngvarB|date=October 2013}} |
{{EngvarB|date=October 2013}} |
||
{{Use dmy dates|date=October 2013}} |
{{Use dmy dates|date=October 2013}} |
||
[[File:Member states of the Framework Convention for the Protection on National Minorities.svg|thumb|300px|Signatories in light green |
[[File:Member states of the Framework Convention for the Protection on National Minorities.svg|thumb|300px|Signatories which have not ratified in light green<br/>Signatories which have ratified in dark green<br/>Non-signatory members of the Council of Europe<br/>Non-members of the Council of Europe in grey]] |
||
The '''Framework Convention for the Protection of National Minorities''' (FCNM) is a [[multilateral treaty]] of the [[Council of Europe]] aimed at protecting the [[minority rights|rights of minorities]].<ref name=P8>{{cite web |
The '''Framework Convention for the Protection of National Minorities''' (FCNM) is a [[multilateral treaty]] of the [[Council of Europe]] aimed at protecting the [[minority rights|rights of minorities]].<ref name=P8>{{cite web |
Revision as of 12:51, 18 February 2017
The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities.[1] It came into effect in 1998 and by 2009 it had been ratified by 39 member states.
History
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.[2] The Framework was signed on February 1995 by 22 member States of the Council of Europe and became active in 1998.[1] By 2009, 43 member states had signed and 39 ratified it.[citation needed]
Aims and criticism
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 convention 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'.[citation needed] The convention does not define "national minority" and several countries set their own definition of the term when they ratified the treaty.[1] For example, the United Kingdom ratified the convention on the understanding that it would be applied with reference to "racial groups" within the meaning of Section 3(1) of the Race Relations Act 1976.[3] Since this excluded the Cornish people, this resulted in pressure, including from Cornwall Council, for the UK Government to recognise the Cornish as a national minority.[4] In April 2014, it was announced by the Chief Secretary to the Treasury, Danny Alexander, that the UK Government would recognise the Cornish as a national minority under the FCNM.[5]
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.[citation needed]
See also
- European Charter for Regional or Minority Languages
- Languages of the European Union
- UN Sub-Commission on Prevention of Discrimination and Protection of Minorities
- List of Linguistic Rights in Constitutions (Europe)
- Stateless nation
References
- ^ a b c "The Council of Europe's Framework Convention for the Protection of National Minorities" (PDF). United Nations Guide for Minorities – Pamphlet No. 8. Office of the High Commissioner for Human Rights. Retrieved 8 February 2013.
- ^ RECOMMENDATION 1201 (1993)
- ^ Hansard – Andrew George – March 2007
- ^ "Cornish minority bid gets a big boost". This is Cornwall. 22 April 2010. Retrieved 8 February 2013.
- ^ "Cornish people formally declared a national minority along with Scots, Welsh and Irish". The Independent. 23 April 2014.
{{cite news}}
:|access-date=
requires|url=
(help)
External links
- Data on Conventions on Council of Europe portal
- Secretariat of the Framework Convention
- State and NGO reports under FCNM
- Implementing the Framework Convention for the Protection of National Minorities, by María Amor Martín Estébanez and Kinga Gál, ECMI Report #3 (1999)
- Eurominority map of minorities, native peoples and ethnic groups
- European languages
- European Centre for Minority Issues
- 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
- The re-politicization of minority protection: six cases from the FCNM monitoring process, ECMI Study #7 (2012) by Tove H. Malloy
- Council of Europe treaties
- Politics of Europe
- Ethnic minorities
- Minority rights
- Treaties concluded in 1995
- Treaties entered into force in 1998
- Treaties of Albania
- Treaties of Armenia
- Treaties of Austria
- Treaties of Azerbaijan
- Treaties of Bosnia and Herzegovina
- Treaties of Bulgaria
- Treaties of Croatia
- Treaties of Cyprus
- Treaties of the Czech Republic
- Treaties of Denmark
- Treaties of Estonia
- Treaties of Finland
- Treaties of Georgia (country)
- Treaties of Germany
- Treaties of Hungary
- Treaties of Ireland
- Treaties of Italy
- Treaties of Latvia
- Treaties of Liechtenstein
- Treaties of Lithuania
- Treaties of Malta
- Treaties of Moldova
- Treaties of Montenegro
- Treaties of the Netherlands
- Treaties of Norway
- Treaties of Poland
- Treaties of Portugal
- Treaties of Romania
- Treaties of Russia
- Treaties of San Marino
- Treaties of Serbia and Montenegro
- Treaties of Slovakia
- Treaties of Slovenia
- Treaties of Spain
- Treaties of Sweden
- Treaties of Switzerland
- Treaties of the Republic of Macedonia
- Treaties of Ukraine
- Treaties of the United Kingdom
- 1995 in France
- Treaties extended to Greenland
- Treaties extended to the Faroe Islands