Council of Europe
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:
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:
- any signature;
- the deposit of any instrument of ratification, acceptance,
approval or accession;
- any date of entry into force of this framework Convention in
accordance with Articles 28, 29 and 30;
- 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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