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RS 0.441.1 Framework Convention of 1er February 1995 for the Protection of National Minorities

Original Language Title: RS 0.441.1 Convention-cadre du 1er février 1995 pour la protection des minorités nationales

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0.441.1

Original text

Framework Convention for the Protection of National Minorities

Conclue in Strasbourg on 1 Er February 1995

Approved by the Federal Assembly on September 21, 1998 1

Instrument of ratification deposited by Switzerland on 21 October 1998

Entry into force for Switzerland on 1 Er February 1999

(Status on 31 October 2006)

The member States of the Council of Europe and the other States, signatories to this Framework Convention,

Considering that the aim of the Council of Europe is to achieve a closer union among its members in order to safeguard and promote the ideals and principles which are their common heritage;

Considering that one of the means of achieving this goal is the safeguarding and the development of human rights and fundamental freedoms;

Wishing to follow up on 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;

Resolved to protect the existence of national minorities in their respective territories;

Considering that the upheavals of European history have shown that the protection of national minorities is essential to the stability, democratic security and peace of the continent;

Considering that a pluralist and truly democratic society must not only respect the ethnic, cultural, linguistic and religious identity of any person belonging to a national minority, but also create conditions To be able to express, preserve and develop that identity;

Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source, as well as a factor, not division, but of enrichment for each society;

Considering that the development of a tolerant and prosperous Europe depends not only on cooperation between states but also on cross-border cooperation between local and regional authorities that respect the constitution and The territorial integrity of each State;

Taking into account the Convention for the Protection of Human Rights and Fundamental Freedoms 2 And its Protocols 3 ;

Taking into account the commitments relating to the protection of national minorities contained in the conventions and declarations of the United Nations, as well as in the documents of the Conference on Security and Cooperation in Europe, including Copenhagen of 29 June 1990;

Resolved to define the principles to be observed and the obligations arising therefrom in order to ensure effective protection of national minorities in the Member States and other States which become Parties to this instrument. The rights and freedoms of persons belonging to the latter in accordance with the rule of law, territorial integrity and national sovereignty;

Being determined to implement the principles set out in this Framework Convention by means of national legislation and appropriate governmental policies,

Agreed to the following:

Part I

Art. 1

The protection of national minorities and the rights and freedoms of persons belonging to these minorities is an integral part of the international protection of human rights and, as such, constitutes an area of international cooperation.

Art. 2

The provisions of this Framework Convention shall be applied in good faith, in a spirit of understanding and tolerance, and in respect of the principles of good neighbourliness, friendly relations and cooperation between States.

Art. 3

1 Any 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 that choice or the exercise of the rights connected therewith.

2 Persons belonging to national minorities may individually and in common with others exercise the rights and freedoms arising from the principles set out in this Framework Convention.

Part II

Art. 4

1 The Parties undertake to guarantee to all persons belonging to a national minority the right to equality before the law and to equal protection of the law. In this respect, any discrimination based on belonging to a national minority is prohibited.

2 The Parties undertake to adopt, as appropriate, appropriate measures to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a minority And those belonging to the majority. In this respect, they shall take due account of the specific conditions of persons belonging to national minorities.

3 The measures adopted in accordance with par. 2 are not considered an act of discrimination.

Art. 5

1 The Parties undertake to promote the conditions for persons belonging to national minorities to maintain and develop their culture, as well as to preserve the essential elements of their identity, which are their religion, Their language, traditions and cultural heritage.

2 Without prejudice to measures taken within the framework of their general integration policy, the Parties shall refrain from any policy or practice aimed at assimilation against the will of persons belonging to national minorities and Protect these persons from any action intended for such assimilation.

Art. 6

1 The Parties shall promote the spirit of tolerance and intercultural dialogue, as well as take effective measures to foster mutual respect and understanding and cooperation among all persons living on their own Territory, regardless of their ethnic, cultural, linguistic or religious identity, particularly in the fields of education, culture and the media.

2 The Parties undertake to take all appropriate measures to protect persons who may be victims of threats or acts of discrimination, hostility or violence because of their ethnic, cultural, linguistic or ethnic identity or Religious.

Art. 7

The Parties shall ensure that all persons belonging to a national minority respect the rights to freedom of peaceful assembly and freedom of association, freedom of expression and freedom of thought, conscience and religion.

Art. 8

The Parties undertake to recognize the right of all persons belonging to a national minority to manifest one's religion or belief, as well as the right to establish religious institutions, organizations and associations.

Art.

1 The Parties undertake to recognize that the right to freedom of expression of any person belonging to a national minority includes freedom of opinion and the freedom to receive or communicate information or ideas in the language Minority, without interference by public authorities and without regard for borders. In access to the media, the Parties will ensure, within their legislative system, that persons belonging to a national minority are not discriminated against.

2 The s. 1 does not prevent the Parties from submitting to a non-discriminatory authorization regime based on objective criteria, radio, television or film undertakings.

3 The Parties shall not impede the creation and use of mass media by persons belonging to national minorities. In the legal framework of radio and television, they shall ensure, to the extent possible and taking into account the provisions of s. 1, to give persons belonging to national minorities the opportunity to create and use their own media.

4 Within the framework of their legislative system, the Parties will adopt adequate measures to facilitate the access of persons belonging to national minorities to the media, to promote tolerance and to enable cultural pluralism.

Art. 10

1 The Parties undertake to recognize the right of all persons belonging to a national minority to use their minority language freely and without hindrance in private, as in public, orally and in writing.

2 In the geographical areas of substantial or traditional settlement of persons belonging to national minorities, where such persons request and respond to a real need, the Parties shall endeavour to ensure, in As far as possible, conditions permitting the use of the minority language in the relations between these persons and the administrative authorities.

3 The Parties undertake to guarantee the right of every person belonging to a national minority to be informed, within the shortest period of time, and in a language which he understands, the reasons for his arrest, the nature and the cause of the accusation And to defend herself in that language, if necessary with the free assistance of an interpreter.

Art. 11

1 The Parties undertake to recognise the right of all persons belonging to a national minority to use their name (surname) and their names in the minority language as well as the right to their official recognition, in accordance with the terms and conditions Provided by their legal system.

2 The Parties undertake to recognize to any person belonging to a national minority the right to present in their minority language signs, inscriptions and other information of a private nature exposed to the sight of the public.

3 In regions traditionally inhabited by a substantial number of persons belonging to a national minority, the Parties, within the framework of their legislative system, including, where appropriate, agreements with other States, shall endeavour, in accordance with the Taking into account their specific conditions, to present local traditional names, street names and other topographical information intended for the public, in the minority language as well, where there is sufficient demand For such indications.

Art. 12

1 The Parties shall, if necessary, take measures in the field of education and research to promote knowledge of the culture, history, language and religion of their national minorities as well as of the majority.

2 In this context, the Parties will, inter alia, provide training opportunities for teachers and access to textbooks, and facilitate contacts between pupils and teachers from different communities.

3 The Parties undertake to promote equal opportunities in access to education at all levels for persons belonging to national minorities.

Art. 13

1 Within the framework of their education system, the Parties recognize the right of persons belonging to a national minority to create and manage their own private educational and training institutions.

2 The exercise of this right does not imply any financial obligation for the Parties.

Art. 14

1 The Parties undertake to recognize the right of all persons belonging to a national minority to learn their minority language.

2 In the geographical areas of substantial or traditional settlement of persons belonging to national minorities, if there is sufficient demand, the Parties shall endeavour to ensure, to the extent possible and within the framework of their Educational system, whether persons belonging to these minorities have the opportunity to learn the minority language or to receive instruction in that language.

3 The s. 2 of this Article shall be implemented without prejudice to the learning of the official language or the teaching in that language.

Art. 15

The Parties undertake to create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life, as well as in public affairs, in particular those concerning them.

Art. 16

The Parties shall refrain from taking measures which, by changing the proportions of the population in a geographical area in which persons belonging to national minorities reside, are intended to infringe rights and freedoms Arising from the principles set out in this Framework Convention.

Art. 17

1 The Parties undertake not to hinder the right of persons belonging to national minorities to establish and maintain, freely and peacefully, contacts across borders with persons on a regular basis in others States, in particular those with which they share an ethnic, cultural, linguistic or religious identity, or a cultural heritage.

2 The Parties undertake not to impede the right of persons belonging to national minorities to participate in the work of non-governmental organizations both nationally and internationally.

Art. 18

1 The Parties shall endeavour to conclude, if necessary, bilateral and multilateral agreements with other States, including neighbouring States, to ensure the protection of persons belonging to the national minorities concerned.

2 Where appropriate, the Parties shall take appropriate measures to encourage cross-border cooperation.

Art. 19

The Parties undertake to respect and implement the principles contained in this Framework Convention by providing, where necessary, the only limitations, restrictions or derogations provided for in the international legal instruments, In particular in the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, insofar as they are relevant to the rights and freedoms arising from those principles.

Part III

Art.

In the exercise of the rights and freedoms arising from the principles set out in this Framework Convention, persons belonging to national minorities shall respect national law and the rights of others, in particular those of Persons belonging to the majority or other national minorities.

Art.

None of the provisions of this Framework Convention shall be interpreted as implying for an individual any right to engage in an activity or to perform an act contrary to the fundamental principles of international law, in particular to Sovereign equality, territorial integrity and the political independence of states.

Art.

None of the provisions of this Framework Convention shall be construed as limiting or derogating from human rights and fundamental freedoms which may be recognized in accordance with the laws of any Party or any other Convention to which that Contracting Party is a party.

Art.

The rights and freedoms arising from the principles set out in this Framework Convention, to the extent that they have their counterpart in the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, shall be heard In accordance with the latter.

Part IV

Art. 24

1 The Committee of Ministers of the Council of Europe shall be responsible for ensuring the implementation of this Framework Convention by the Contracting Parties.

2 Parties that are not members of the Council of Europe will participate in the implementation mechanism according to modalities to be determined.

Art. 25

1 Within one year of 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 complete information on the legislative measures and Other than it has taken to give effect to the principles set out in this Framework Convention.

2 Subsequently, each Party shall transmit to the Secretary General, periodically and whenever requested by the Committee of Ministers, any other information relevant to the implementation of this Framework Convention.

3 The Secretary General shall transmit to the Committee of Ministers any information communicated in accordance with the provisions of this Article.

Art. 26

1 In assessing the adequacy of the measures taken by a Party to give effect to the principles set out in this Framework Convention, the Committee of Ministers shall be assisted by an advisory committee whose members have competence Recognised in the field of protection of national minorities.

2 The composition of this advisory committee and its procedures shall be fixed by the Committee of Ministers within one year of the entry into force of this Framework Convention.

Part V

Art. 27

This Framework Convention is open for signature by the member states of the Council of Europe. Until the date of its entry into force, it is also open for signature by any other State invited to sign it by the Committee of Ministers. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 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 after the date on which twelve member States of the Council of Europe have expressed their consent to be bound by the Framework Convention in accordance with the provisions of Art. 27.

2 For any Member State which subsequently expresses its consent to be bound by the Framework Convention, it 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.

Art.

1 After the entry into force of this Framework Convention and after consultation of the Contracting States, the Committee of Ministers of the Council of Europe may invite to accede to this Framework Convention, by a decision taken by a majority of Art. 20, point d, of the Statute of the Council of Europe, any non-member state of the Council of Europe which, invited to sign it in accordance with the provisions of Art. 27, will not have done so yet, and any other non-member state.

2 For 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 deposit of the instrument of accession with the Secretary General of the Council of Europe.

Art.

1 Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories for which it is responsible for the international relations to which the Present Framework Convention.

2 Any State may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Framework Convention to any other territory designated in the declaration. The Framework Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

3 Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Art.

1 Any Party may, at any time, denounce this Framework Convention by sending a notification to the Secretary General of the Council of Europe.

2 The denunciation shall take effect 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.

Art. 32

The Secretary General of the Council of Europe shall notify the member States of the Council, the other signatory States and any State which has acceded to this Framework Convention:

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 its Art. 28, 29 and 30;
D.
Any other act, notification or communication relating to this Framework Convention.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Framework Convention.

Done at Strasbourg, 1 Er February 1995, in English and French, the two texts being equally authentic, in a single copy which will 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.

(Suivent signatures)

Scope of application on 12 September 2006 4

States Parties

Ratification Accession (A)

Entry into force

Albania

28 September

1999

1 Er January

2000

Germany *

10 September

1997

1 Er February

1998

Armenia

July 20

1998

1 Er November

1998

Austria *

March 31

1998

1 Er July

1998

Azerbaijan *

26 June

2000 A

1 Er October

2000

Bosnia and Herzegovina

24 February

2000 A

1 Er June

2000

Bulgaria *

7 May

1999

1 Er September

1999

Cyprus

4 June

1996

1 Er February

1998

Croatia

11 October

1997

1 Er February

1998

Denmark *

22 September

1997

1 Er February

1998

Spain

1 Er September

1995

1 Er February

1998

Estonia *

6 January

1997

1 Er February

1998

Finland

3 October

1997

1 Er February

1998

Georgia

22 December

2005

1 Er April

2006

Hungary

September 25

1995

1 Er February

1998

Ireland

7 May

1999

1 Er September

1999

Italy

3 November

1997

1 Er March

1998

Latvia *

6 June

2005

1 Er October

2005

Liechtenstein *

18 November

1997

1 Er March

1998

Lithuania

23 March

2000

1 Er July

2000

Macedonia *

10 April

1997

1 Er February

1998

Malta *

10 February

1998

1 Er June

1998

Moldova

20 November

1996

1 Er February

1998

Montenegro

11 May

2001 A

6 June

2006

Norway

March 17

1999

1 Er July

1999

Netherlands * A

February 16

2005

1 Er June

2005

Poland *

20 December

2000

1 Er April

2001

Czech Republic

18 December

1997

1 Er April

1998

Romania

11 May

1995

1 Er February

1998

United Kingdom

15 January

1998

1 Er May

1998

Russia *

August 21

1998

1 Er December

1998

San Marino

5 December

1996

1 Er February

1998

Serbia

11 May

2001 A

1 Er September

2001

Slovakia

September 14

1995

1 Er February

1998

Slovenia *

25 March

1998

1 Er July

1998

Sweden *

February 9

2000

1 Er June

2000

Switzerland *

21 October

1998

1 Er February

1999

Ukraine

26 January

1998

1 Er May

1998

*

Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe.

Reservations and declarations

Switzerland

Switzerland declares that, in Switzerland, national minorities within the meaning of this Framework Convention constitute groups of persons who are numerically inferior to the rest of the population of the country or of a canton, are of Swiss nationality, Have longstanding, solid and lasting ties with Switzerland and are motivated by the will to preserve together what makes their common identity, including their culture, traditions, religion or language.

Switzerland declares that the provisions of the Framework Convention governing the use of language in relations between individuals and administrative authorities are applicable without prejudice to the principles observed by the Confederation and the cantons in Identification of official languages.


RO 2002 2630 ; FF 1998 1033


1 RO 2002 2629
2 RS 0.101
3 RS 0.101.06 /.07/.09
4 A version of the updated scope of application is published on the DFAE website (ttp://www.eda.admin.ch/eda/de/home/topics/intorg/euroc/coswtr/monito.html).


Status October 31, 2006