Negotiate The Framework Convention For The Protection Of National Minorities

Original Language Title: to negotiate the Framework Convention for the Protection of National Minorities

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46575&nr=96~2F1998~20Sb.&ft=txt

96/1998. The Ministry of Foreign Affairs, Ministry of Foreign Affairs, informs that on 1 February 1995 in Strasbourg adopted the Framework Convention for the Protection of National Minorities. On behalf of the Czech Republic, the Convention was signed in Strasbourg on 28 April 1995. The Convention approved by the Parliament of the Czech Republic, and approved it in accordance with Article 39, paragraph. 4 of the Constitution of the Czech Republic as an international treaty on human rights and fundamental freedoms in accordance with Article 10 of the Constitution of the Czech Republic. The President of the Republic ratified the Convention. The instrument of ratification was deposited with the Secretary General of the Council of Europe, the depositary of the Convention, on 18 December 1997. The Convention entered into force by virtue of Article 28, paragraph. 1 on 1 February 1998 and for the Czech Republic in accordance with paragraph 2 of that article came into force on 1 January. April 1998. The Czech translation of the Convention shall be open simultaneously. Framework Convention for the Protection of National Minorities in the Member States of the Council of Europe and the other States which have signed this 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 realizing the ideals and principles which are their common heritage; Considering that one of the methods by which this is to be achieved is the maintenance and further realization of human rights and fundamental freedoms; Wishing to manage the Declaration of the Heads of State and Government of the Member States of the Council of Europe, adopted on 9 October 1993 in Vienna; Determined to protect their 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, it 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 every person belonging and national minorities but also create appropriate conditions enabling that identity's express, preserve and develop; Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be for each company source and a factor, not of division, but of enrichment; Considering that the creation of a tolerant and prosperous Europe does not depend only on the co-operation between States but also requires transfrontier cooperation between local and regional authorities, without being at the constitution and territorial integrity of each State; Bearing in mind the European Convention on Human Rights and the Protocols thereto; Bearing in mind the commitments concerning the protection of national minorities contained in the conventions and declarations of the United Nations and the documents of the Conference on Security and Cooperation in Europe, particularly the Copenhagen Document of 29 June 1990; Determined that define the principles to be respected and the obligations arising therefrom so that Member States and other countries that may become party to this instrument, ensuring effective protection of national minorities and the rights and freedoms of persons belonging to those minorities, within the rule of law, respecting the territorial integrity and national sovereignty of states; determined by the principles set out in this framework Convention through national legislation and appropriate governmental policies, Have agreed as follows: Article I, SECTION 1 of The protection of national minorities and 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 cooperation. Article 2 The provisions of this framework Convention shall be implemented in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighborliness, friendly relations and cooperation between states. Article 3 1. Every person belonging and national minority has the right to freely choose whether or not it wishes to be considered for such member, and no disadvantage shall result from this choice or from the exercise of the rights associated with it. Second national minorities belonging it may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as together with others. Section II Article 4 1. The Parties undertake that guarantee members of national minorities the right of equality before the law and equal protection of the law. In this respect, any discrimination based on belonging and national minority shall be prohibited. 2. The Parties undertake that, where necessary, adopt appropriate measures that promote the full and effective equality between persons belonging to the national minorities and that those belonging to the majority in all areas of economic, social, political and cultural life. In this respect, they shall take due account of the specific conditions of the persons belonging to the national minorities it. 3. Measures taken in accordance with paragraph 2 shall not be considered an act of discrimination. Article 5 1. The Parties undertake to promote the conditions that necessary for persons belonging to the national minorities that it maintain and develop their culture and preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage. 2. Without prejudicing the measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to the national minorities it 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 that promote mutual respect and understanding and cooperation among all persons living on their territory, regardless of their ethnic, cultural, linguistic or religious identity, especially in education, culture and the media. 2. The Parties undertake that adopt 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 rights of persons belonging to the national minorities this freedom of peaceful assembly, freedom of association, freedom of expression and freedom of thought and religion, the funding. Article 8 The Parties undertake to recognize that every person's belonging's and national minority has the right to profess one's religion or belief and to establish religious institutions, organizations and associations. Article 9 1. The Parties undertake that recognize that the right to freedom of expression of every person belonging and national minority includes freedom to hold opinions and to receive and impart information and ideas in the minority language, without interference by public authority and regardless of frontiers. In the framework of their legal systems, the Parties shall ensure that persons belonging to the national minorities that are not discriminated against in their access to the media. 2. Paragraph 1 shall not prevent Parties from requiring the licensing of broadcasting or cinema, without discrimination and based on objective criteria. 3. The Parties belonging to the national minorities do not hinder the creation and use of printed media. The legal framework for broadcasting to ensure, if possible, and having regard to the provisions of paragraph 1, that persons belonging to the national minorities that allow creating and using their own media. 4. In the framework of their legal systems, the Parties shall adopt adequate measures that facilitate the access of national minorities to the media and measures that promote tolerance and permit cultural pluralism. Article 10 1. The Parties undertake to recognize that every person's belonging's and national minority has the right freely and without interference his or minority language games, in private and in public, orally and in writing. 2. In areas inhabited by persons belonging to the national minorities that traditionally or in substantial numbers, if those persons so request and where such a request corresponds and real need, the Parties shall, if possible, seek to ensure the conditions that would allow the use of the minority language in relations between those persons and the administrative authorities. 3. The Parties undertake that guarantee the right of every person belonging and national minorities to be informed promptly, in a language they understand, informed of the reasons for his arrest and of the nature and cause of the accusation against him and to defend himself in this language, if necessary with the free assistance of an interpreter. Article 11 1. The Parties undertake to recognize that every person's belonging's and national minority has the right to use his last name (father's name) and first names in the minority language and the right to official recognition of the manner determined by the law. 2. The Parties undertake to recognize that every person's belonging's and national minority has the right to minority language deploy publicly visible signs, inscriptions and other information of a private nature. 3. In areas traditionally inhabited by substantial numbers of persons belonging to the national minorities, and the Parties shall endeavor, in the framework of its 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 sufficient demand for such indications. Article 12 1. Where appropriate, in the sphere of education and research are taking measures that foster knowledge of the culture, history, language and religion of their national minorities and 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 this access to education for ethnic minorities at all levels. Article 13 1. Within the framework of their education systems, the Parties shall recognize that persons belonging to the national minorities that have the right to set up and manage their own private educational institutions. 2. The exercise of this right of parties not entail any financial obligation. Article 14 1. The Parties undertake to recognize that every person's belonging's and national minority has the right to learn his or minority language games. 2. In areas inhabited by persons belonging to the national minorities that traditionally or in substantial numbers Parties shall endeavor, if there is sufficient demand, to ensure as far as possible and within the framework of their education systems, that persons belonging that 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 being at 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 the national minorities it in cultural, social and economic life and in public affairs, in particular those which concern them. Article 16 The Parties shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to the national minorities and that are aimed at restricting the rights and freedoms flowing from the principles enshrined in the Framework Convention. Article 17 1. The Parties undertake not to interfere with the rights of members of national minorities to establish and maintain cross-border free and peaceful contacts with persons lawfully staying in other states, particularly 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 rights of national minorities that participate in the activities of non-governmental organizations, both at the national and international levels. Article 18 1. The Parties shall endeavor, where necessary, bilateral and multilateral agreements with other States, particularly neighboring States, in order to ensure the protection of persons belonging to the national minorities concerned it. 2. Where it is, the Parties shall take measures that encourage cross-border cooperation. Article 19 The Parties undertake that respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations or exceptions that allow them to international legal instruments, in particular the European Convention on Human Rights, and if it's relating 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 the national minorities and it shall respect the national legislation and the rights of others, especially the rights belonging to the majority or other 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 which is contrary to the fundamental principles of international law, particularly the principles of 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 State Party or any other agreement to which it is a party. Article 23 of The rights and freedoms flowing from the principles enshrined in the Framework Convention when they are subject to the corresponding provisions of the European Convention on Human Rights or the protocols to the Convention are understood to be in line with the provisions of this Convention and the protocols thereto. SECTION IV Article 24 Following the first implementation of the Framework Convention the Committee of Ministers lists services for Parties of the Council of Europe. 2. The Parties which are not members of the Council of Europe, will participate in the implementation mechanism in a manner to be determined. Article 25 1. Within one year after the entry into force of the Framework Convention for the Contracting Party concerned shall grant the party Secretary General of the Council of Europe full information on legislative and other measures taken by the principles enshrined in the Framework Convention. 2. Thereafter, each Party shall regularly and whenever the Committee of Ministers lists services for so requests the Secretary General of the Council of Europe any additional information relating to the implementation of the Framework Convention. 3. The Secretary shall submit the information provided under this Article, the Committee of Ministers lists services for. Article 26 1. In evaluating the adequacy of the measures taken by Parties that implement the principles enshrined in this framework Convention the Committee of Ministers lists services for assisted by an advisory committee, whose members are recognized experts in the field of protection of national minorities. 2. The composition of this advisory committee and its procedure shall be determined by the Committee of Ministers lists services for within one year after the entry into force of the Framework Convention. The SECTION in Article 27 of This framework Convention is open for signature by the member States of the Council of Europe. Pending its entry into force shall be open for signature by any State which has so invited by the Committee of Ministers lists services for. 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 from 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 Article 27. 2. With respect to 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 three months from the date of the deposit of its instrument of ratification, acceptance or approval. Article 29 1. After the entry into force of the Framework Convention and in consultation with States Parties, the Committee of Ministers lists services for of the Council of Europe on the basis of a decision taken by the majority stipulated in Article 20 d of the Statute of the Council of Europe invite to access any non-member State of the Council of Europe, which was invited this sign and have done so , and any other non-member state. 2. For the acceding state of the Framework Convention enters into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 30 1. At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, any State may specify the territories for which or for whose international relations it is responsible to which it will apply this framework Convention. 2. Any State may at any later declaration addressed to the Secretary General, extend the application of this framework Convention to any other territory specified in the declaration. In respect of such territory the framework Convention on the first day of the month following the expiration of a period of three months from the date of receipt of such declaration by the Secretary General. 3. Any declaration made under the two paragraphs "preceding may, in respect of any territory specified in such declaration, be withdrawn by 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 from the date of receipt of such notification by the Secretary General. Article 31 1. Any Party may denounce this Convention by notification addressed framework 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 from the date of receipt of such 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:) any signature; (b)) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry) into the 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 authorized, have signed this framework Convention. Done in Strasbourg on 1 February 1995, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. Certified copies to the Secretary General of the Council of Europe to all Member States of the Council of Europe and to any State invited it to sign or accede to this framework Convention.