Commissioner of the CBSS

on Democratic Institutions and

Human Rights, including the Rights

of Persons belonging to Minorities

OLE ESPERSEN

9. STUDIES UNDERTAKEN

According to the mandate, one of the duties of the Commissioner is to study the situation of Democratic Institutions and Human Rights, including the Rights of Persons belonging to Minorities in the member states. In order to fulfill this duty various studies have been launched which hopefully will provide the Commissioner with relevant information in order for him to evaluate whether there is a need to make recommendations.

Conditions for obtaining citizenship:

On 22 December 1994 the Commissioner wrote to the Ministers for Foreign Affairs and asked for information concerning:

The situation in a state with regard to the requirements for obtaining citizenship is an issue on which the Council of Europe places great emphasis when assessing whether applicant countries fulfill the conditions for full membership of the organisation.

The subject is obviously of great importance in all member states especially with regard to persons belonging to minorities.

The Commissioner has received replies from 8 countries and hopes to be able to conclude this study by the end of 1995.

Citizens and non-citizens:

On 6 January 1995 the Commissioner wrote to the Ministers for Foreign Affairs and asked for information concerning:

International law has developed certain rather rudimentary minimum standards for the treatment of foreign citizens and of stateless persons apart from basic Human Rights. The international developments encourage the reappraisal of explicit norms towards the persons, who stay for a longer period in a foreign state for economical or personal reasons, or as a consequence of international upheaval.

It is in the interest of both citizens and non-citizens, and of the countries concerned, that discriminatory measures towards non-citizens areas few as possible in order to establish friendly relations between the countries and harmonious coexistence among the residents.

Specific questions were asked concerning the political rights (participation in local and national elections, in political organisations, working as civil servants) as well as social and economic rights (right to buy real estate and pay taxes on the same basis as citizens, the establishment and reunification of families, access to information in one's own language on the rights and duties of non-citizens, and training in the administrative language).

The Commissioner has received replies from 5 countries and hopes to be able to conclude this study by the end of 1995.

Double citizenship:

On 21 February 1995 the Commissioner wrote to the Ministers for Foreign Affairs and asked for information concerning:
- legislation on double citizenship and possible plans to revise legislation on this issue

This study should be seen as a supplement to the study on conditions for obtaining citizenship and was initiated since problems concerning double citizenship seem to be more and more relevant in several member countries.

The Commissioner has received replies from 5 countries and hopes to be able to conclude this study by the end of 1995.