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Minority RightsFramework Convention for the Protection of National Minorities
Adopted at Strasbourg on 1 February 1995
Member States of the Council of Europe and other signatory States of the present Framework Convention,
Considering that the aim of the Council of Europe is to achieve a greater unity among its members for the securing and realization of the ideals and principles which constitute their common heritage;
Considering that one of the means of achieving that aim may be pursued through the preservation and further realization of human rights and fundamental freedoms;
Desiring to follow the Declaration adopted in Vienna on 9 October 1993 by the Heads of State and Government of the member States of the Council of Europe;
Having decided to protect minorities in their own country;
Considering that the upheavals in European history have shown that the protection of national minorities is essential for stability, democratic security and peace on this continent;
Considering that a pluralistic and genuinely democratic society requires not only respect for the ethnic, cultural, linguistic and religious identity of the national minority of which each person is a member, but also the creation of favorable conditions enabling them to express, preserve and develop that identity;
Considering that the creation of a climate of tolerance and dialogue necessitates cultural diversity as a resource and factor for the enrichment of each society, not its division;
Considering that the realization of a tolerant and prosperous Europe requires not only cooperation between States, but also cross-border cooperation between local and regional authorities, without prejudice to the constitutional order and territorial integrity of each State;
Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols;
Considering the commitments made in United Nations conventions and declarations on the protection of national minorities and in documents of the Conference on Security and Cooperation in Europe, in particular the Copenhagen Document of 29 June 1990;
To ensure the effective protection of the rights and freedoms of national minorities and persons belonging to national minorities, within the rule of law, in the Member States and in other States that may become parties to this instrument, with respect for the territorial integrity and national sovereignty of the States; deciding to define the principles to be respected and the obligations arising from them;
Determined to implement the principles set forth in this Framework Convention through national legislation and appropriate management policies;
Have agreed on the following provisions:
PART I
Article 1
The protection of the rights and freedoms of national minorities and persons belonging to these minorities constitutes an integral part of the international protection of human rights and is therefore 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 accordance with the principles of good neighborliness, friendly relations and cooperation between States.
Article 3
1. Every person belonging to a national minority has the right freely to choose whether to be treated as a member of that minority or not, and this choice or the exercise of the rights connected with that choice shall not prejudice him.
2. Persons belonging to national minorities, both individually and collectively with others, may enjoy the rights and freedoms deriving from the principles set forth in this Framework Convention.
CHAPTER II
Article 4
3. The Parties undertake to guarantee the right of persons belonging to national minorities to equality before the law and to equal protection by the law. In this regard, any discrimination based on membership of a national minority is prohibited.
4. The Parties undertake to take adequate measures, where necessary, to promote full and effective equality between persons belonging to national minorities and those belonging to the majority in all spheres of economic, social, political and cultural life. In this regard, they take into account the specific circumstances of persons belonging to national minorities.
5. Measures taken pursuant to paragraph 2 are not considered discriminatory.
Article 5
1. The Parties undertake to provide the conditions necessary for persons belonging to national minorities to maintain and develop their own culture and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.
2. Without prejudice to the measures taken in line with their general integration policies, the Parties shall refrain from policies and practices aimed at the assimilation of persons belonging to national minorities against their will, and shall protect them against any action aimed at such assimilation.
Article 6
1. The Parties shall promote the spirit of intercultural dialogue and tolerance and promote mutual respect and understanding and cooperation among all persons living in their countries, regardless of their ethnic, cultural, linguistic or religious identity, particularly in the fields of education, culture and mass communication. take effective measures.
2. The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or intimidation because of their ethnic, cultural, linguistic or religious identity.
Article 7
The Parties shall ensure that 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 is respected.
Article 8
The Parties undertake to recognize that every person belonging to a national minority has the right to manifest his religion or belief and to found religious institutions, organizations and associations.
Article 9
1. The parties; undertake to recognize that the right of a person belonging to a national minority to freedom of expression includes the freedom to hold opinions in the minority language and to receive and impart information and ideas, without interference by public authorities and regardless of their borders. Parties shall ensure, within the framework of their legal order, that persons belonging to national minorities are not discriminated against in their access to mass media.
2. Paragraph 1 shall not prevent Parties from making radio or television broadcasting or the operation of cinemas subject to a system of permits based on objective criteria and without discrimination.
3. Parties may not prevent persons belonging to national minorities from establishing and using the written mass media. They shall ensure, to the extent possible, within the legal framework of radio and television broadcasting, and taking into account the provisions of paragraph 1, the possibility for persons belonging to national minorities to establish and use their own means of communication.
4. The Parties, within their legal order, shall take adequate measures to facilitate access to the mass media by persons belonging to national minorities and to promote tolerance and facilitate cultural pluralism.
Article 10
1. The Parties undertake to recognize that every person belonging to a national minority has the right to use his or her own language freely and without interference, in private and in public, orally and in writing.
2. In regions where persons belonging to national minorities traditionally or in significant numbers live, the Parties shall endeavor to provide, to the extent possible, the conditions enabling the use of the minority language in the relations between these persons and administrative authorities, if they so request and such a request corresponds to a genuine need. they do.
3. The Parties undertake to guarantee the right of every person belonging to a national minority to be informed as soon as possible of the reasons for his arrest, the nature and grounds of the charge against him, in a language he understands, and to defend himself in that language, if necessary, with the free assistance of an interpreter.
Article 11
1. The Parties undertake to recognize that every person belonging to a national minority has the right to use his name and surname in the minority language and to have them officially recognized, in accordance with the procedures laid down by their legal order.
2. The Parties undertake to recognize that every person belonging to a national minority has the right to use the minority language in signage, writing and other public statements of a private nature.
3. In areas where substantial numbers of national minorities traditionally live, the Parties, within their legal order and taking into account the specific circumstances, where appropriate, including through agreements with other States, shall, if there is sufficient demand for such signs, include traditional local names, street names and they strive to use minority language in other topographical signs for the public.
Article 12
1. The Parties shall, when necessary, take measures in the fields of education and research to improve the cultural, historical, linguistic and religious knowledge of national minorities and the majority.
2. In this framework, the Parties shall, inter alia, provide adequate opportunities for teacher training and access to textbooks and facilitate relations between students and teachers of different communities.
3. The Parties undertake to promote equal opportunities for persons belonging to national minorities to access education at all levels.
Article 13
1. The Parties recognize that, within the framework of their educational arrangements, persons belonging to national minorities have the right to establish and manage their private educational and training institutions.
2. The exercise of this right does not impose any financial obligations on the Parties.
Article 14
1. The Parties undertake to recognize that every person belonging to a national minority has the right to learn his or her own language.
2. Where there is sufficient demand in areas where persons belonging to national minorities traditionally or in significant numbers live, the Parties shall endeavor to ensure, to the extent possible and within the framework of their educational arrangements, that persons belonging to these minorities have adequate opportunities to be taught or to be educated in the minority language. they do.
3. Paragraph 2 of this article applies without prejudice to learning or training in the official language.
Article 15
The Parties shall create the necessary conditions for the effective participation of persons belonging to national minorities in cultural, social and economic life and, in particular, in public affairs concerning them.
Article 16
The Parties refrain from measures that alter the population proportions in the regions where persons belonging to national minorities live and that aim to restrict the rights and freedoms deriving from the principles contained in this Framework Convention.
Article 17
1. The Parties undertake not to interfere with the right of persons belonging to national minorities to establish and maintain free and peaceful cross-border relations with persons lawfully living in other States, in particular 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 right of persons belonging to national minorities to participate in the activities of non-governmental organizations, both at the national and international level.
Article 18
1. The Parties shall endeavor, as necessary, to conclude bilateral and multilateral agreements with other States, in particular neighboring States, to ensure the protection of persons belonging to the national minorities concerned.
2. When necessary, the Parties shall take measures to encourage cross-border cooperation.
Article 19
The Parties agree to apply and respect the principles contained in this Framework Convention, to the extent that they are applicable to the rights and freedoms arising from these principles, when necessary, only by using the restrictions, limitations and contrary measures stipulated in international legal instruments, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms. they commit.
CHAPTER III
Article 20
In exercising his rights and freedoms arising from the principles set forth in this Framework Convention, every person belonging to a national minority shall respect national legislation and the rights of others, in particular the rights of persons belonging to the majority or other national minorities.
Article 21
Nothing in this Framework Convention shall be construed to recognize the right to engage in any activity or to take any action contrary to the fundamental principles of international law, and in particular the sovereign equality, territorial integrity and political independence of States.
Article 22
Nothing in this Framework Convention shall be interpreted as derogating from or derogating from any of the human rights and fundamental freedoms recognized by the laws of a Contracting Party or any other treaty to which it is a Party.
Article 23
Rights and freedoms arising from the principles contained in this Framework Convention shall be understood in accordance with these provisions to the extent that they are the subject of a similar provision in the Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional Protocols.
CHAPTER IV
Article 24
1. The Committee of Ministers of the Council of Europe shall oversee the implementation of this Framework Convention by the Contracting Parties.
2. Parties that are not members of the Council of Europe shall participate in the implementation mechanism in accordance with the procedures to be determined.
Article 25
1. Within one year after this Framework Convention enters into force for a Contracting Party, that Contracting Party shall convey to the Secretary General of the Council of Europe full information on the legislative and other measures it has taken to give effect to the principles set forth in this Framework Convention.
2. Thereafter, each Party shall transmit to the Secretary-General at regular intervals any other information relating to the implementation of this Framework Convention and whenever the Committee of Ministers makes such a request.
3. The Secretary-General shall convey to the Committee of Ministers the information communicated to him under the provisions of this Article.
Article 26
1. In order to evaluate the appropriateness of the measures taken by the Parties to give effect to the principles set forth in this Framework Convention, the Committee of Ministers will receive the assistance of an advisory committee composed of members with recognized expertise in the protection of national minorities.
2. The composition and procedures of this advisory committee shall be determined by the Committee of Ministers within a period of one year following the entry into force of this Framework Convention.
CHAPTER V
Article 27
This Framework Convention shall be open for signature by member States of the Council of Europe. Until the day the Convention enters into force, the Convention shall also be open for signature by any other State invited by the Committee of Ministers. The contract 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
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 twelve member States of the Council of Europe have expressed their consent to be bound by this Convention in accordance with the provisions of Article 27.
2. For any Member State that has subsequently expressed its consent to be bound by it, this Framework Convention shall enter into force on the first day of the month following the expiry of a period of three months from the date of deposit of its instrument of ratification, acceptance or ratification.
Article 29
1. After the entry into force of this Framework Convention and after consultation with the Contracting Parties, the Committee of Ministers of the Council of Europe, by a majority decision set out in Article 20 (d) of the Statute of the Council of Europe, has not yet taken this action and signed the Convention in accordance with the provisions of Article 27. invite any non-member State of the Council of Europe and any other non-member State to accede to the Convention.
2. For any State acceding to the Convention, the Framework Convention shall enter into force on the first day of the month following the expiry of a period of three months from the date on which the instrument of accession is deposited with the Secretary General of the Council of Europe.
Article 30
1. Any State may, at the date of signing or deposit its instrument of ratification, acceptance, approval or accession, designate the country or countries to which this Framework Convention applies, for whose international relations it is responsible.
2. Any State may, at any later date, extend the scope of application of this Framework Convention to any country other than that indicated in the previous declaration, by a declaration addressed to the Secretary General of the Council of Europe. For this country, the Framework Convention shall enter into force on the first day of the month following the expiry of a period of three months after the receipt of the said declaration by the Secretary-General.
3. Any declaration made under either of the above paragraphs may be withdrawn, with respect to the country designated in that declaration, by a notification addressed to the Secretary General of the Council of Europe. This withdrawal shall take effect on the first day of the month following the expiry of a period of three months from the date of receipt of such notification by the Secretary-General.
Article 31
1. Any Party may at any time denounce its commitment to this Framework Convention by notification addressed to the Secretary General of the Council of Europe.
2. Such termination shall take effect on the first day of the month following the expiration of a period of six months from the date of receipt of this notification by the Secretary-General.
Article 32
The Secretary General of the Council of Europe shall notify the member States of the Council, the other signatory States and any State acceding to this framework Convention:
1. a) Any signature;
2. b) depositing any instrument of ratification, acceptance, approval or accession;
3. c) any date on which this Framework Convention enters into force in accordance with Articles 28, 29 and 30;
4. d) Any other act, notice or communication relating to this Framework Agreement.
This Framework Agreement has been signed by the persons duly authorized to sign, in the WITNESS of the undersigned persons.
Done at Strasbourg, this 1st day of February 1995, in English and French, both texts being equally authentic, deposited in a single copy in the archives of the Council of Europe. The Secretary-General shall forward certified copies to each member State of the Council of Europe and to any State invited to sign or accede to this Framework Convention.
Source: Human Rights Foundation of Turkey