OSCE's van der Stoel on National Minorities in Greece
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Date: Thu, 26 Aug 1999 08:16:45 +0300 (EET DST)
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Subject: OSCE's van der Stoel on National Minorities in Greece
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OSCE's van der Stoel on National Minorities in Greece
ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE
http://www.osce.org/inst/hcnm/news/stat-hcnm-99.htm
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Statement of High Commissioner on National Minorities
In the last few weeks, a number of requests have reached me to give my
opinion on the ongoing discussion in Greece regarding the question of
national minorities. In that light I should like to make the following
comments.
On 28 June 1990, the then Government of Greece, led by Mr. Constantine
Mitsotakis, together with the governments of the other states
participating in the OSCE, agreed to the Document of the Copenhagen
Meeting of the Conference on the Human Dimension of the OSCE. The
Copenhagen Document commits governments i.a. to provide persons
belonging to national minorities the right freely to express, preserve
and develop (individually as well as in community with other members
of their group) their ethnic, cultural, linguistic and religious
identity and to maintain and develop their culture in all its aspects,
to profess and practice their religion, and to establish and maintain
organizations or associations.
The discussion in Greece during the last few weeks on the subject of
national minorities gives me the impression that there is a certain
confusion about the commitments contained in the Copenhagen Document.
Some comments give the impression that the recognition in the
Copenhagen Document of the right of persons belonging to national
minorities freely to express, preserve and develop their ethnic,
cultural, linguistic and religious identity is tantamount to
recognizing the right of self-determination of persons belonging to
national minorities. In reality, however, these are two completely
different concepts. The right of self-determination relates to the
status of territory. In this relation paragraph 38 of the Copenhagen
Document makes it clear that none of the commitments mentioned in the
Copenhagen Document may be interpreted as implying any right to engage
in any activity or any action in contravention of the principle of
territorial integrity of States. This means for instance that a State
with a population which has predominantly the same ethnicity as that
of an ethnic minority in another State will never be able to refer to
the commitments contained in the Copenhagen Document as a
justification for territorial claims against the State which has such
a minority living on its territory. The Copenhagen Document makes it
clear that the principle of respect for territorial integrity
prevails. Similarly, an ethnic minority will not be able to interpret
the commitments of the Copenhagen Document as a justification for
efforts to secede. In other words: the right of persons belonging to
national minorities to express, preserve and develop their identity is
to be exercised within the existing boundaries of the State.
Paragraph 35 of the Copenhagen Document does refer to the formula of
territorial autonomy "as one of the possible means" to create
conditions for promotion of the identity of persons belonging to
national minorities. However, territorial autonomy is mentioned as an
option, not as a right or an obligation.
A second misunderstanding is that in order to acquire or enjoy the
rights mentioned in the Copenhagen Document a minority will have to be
formally recognized by the State. The Copenhagen Document makes it
clear that this is not necessary. Paragraph 31 states: "persons
belonging to national minorities have the right to exercise fully and
effectively their human rights and fundamental freedoms without any
discrimination and in full equality before the law." The same
principles of non-discrimination and equality before the law apply
pursuant to Article 14 of the European Convention on Human Rights.
However, when an association of persons belonging to a national
minority wants to acquire legal personality for purposes of enjoying
one of their enumerated rights, Greek law obliges them to be
registered. But the requirements for registration cannot be different
from those for associations not composed of persons belonging to
national minorities. To require otherwise would constitute a violation
of the principle of non-discrimination. Nor can registration be
refused because of the mere fact that it is an association of persons
belonging to a national minority; this would be a violation of the
commitments of the Copenhagen Document as well as a violation of
Article 11 of the European Convention on Human Rights and Article 12
of the Greek Constitution regarding the freedom of association. On the
other hand, Article 105 of the Greek Civil Code opens a possibility to
dissolve any association with aims different from those laid down in
its memorandum of association or if its object (or actions) proves to
be contrary to the law.
Finally, there seems to be confusion about the relationship between
the Treaty of Lausanne of 1923 and the Copenhagen Document. The Treaty
of Lausanne (Article 45) deals with the religious rights of the
"Muslim minority" in Greece. But that does not mean that the
Copenhagen Document has no relevance for persons belonging to the
Muslim minority in Greece. Within the wider religious group, there are
smaller groups with an ethnic or linguistic identity of their own,
such as Turks, Roma and Pomaks to which the provisions of the
Copenhagen Document do apply.
Max van der Stoel
OSCE High Commissioner on National Minorities
---------------------------------------------
For further information contact Walter Kemp, senior advisor, OSCE High
Commissioner on National Minorities, The Hague, Netherlands, tel.:
(+31 70) 312 55 06
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