MINELRES: MRG publication: Policy paper and Briefing paper on the Framework Convention

[MINELRES moderator]

Original sender: Alan Phillips <aphillips@gmx.net>


THE FRAMEWORK  CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES: 
A  Briefing Paper

Alan Phillips

Published by Minority Rights Group International 
September 2002

Summary:  
 
This paper has been written to explore the FCNM and how it is being
developed by the Council of Europe (CoE), by States and by minorities
during the first four years of the Convention coming into force. The
FCNM is the first ever legally binding multilateral instrument devoted
to the protection of national minorities and its implementation has
worldwide ramifications, through the precedent that is being set.

MRG has taken considerable interest in this Convention from the outset
and a detailed Policy Paper complements a shorter Brief that is being
published simultaneously by MRG. Both have been written by Alan
Phillips, who was actively involved in promoting the FCNM when he was
the Director of MRG and who has fresh insights from his recent four year
membership of the FCNM, Advisory Committee, where he was the UK
Independent Expert and the First Vice President. 

The Brief draws on information, which is in the public domain,
emphasising many operational policy issues. It examines the architecture
of the Convention, the way in which States and the Council of Europe
have interpreted who are national minorities and how the monitoring of
the implementation of the FCNM has taken place. It outlines how
processes have developed, how civil society, minorities, State
institutions and the CoE have successfully created a new dynamic of
mutual ownership of minority protection by using the FCNM. It points to
further work that is needed, including examining how each article of the
FCNM has been interpreted. 

A fuller policy paper is also available from Minority Rights Group
identifying a set of issues for change, including the need to take
specific action to respond to unacceptable time delays in monitoring,
recognising the maxim that justice delayed is justice denied.
Conclusions are drawn and 10 major recommendations are made, common to
both papers, that would strengthen minority rights in Europe.

Printed copies of the papers are available from Minority Rights Group 
minority.rights@mrgmail.org  or copies are on the web site 
www.minorityrights.org

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>From the MINELRES moderator: 
the full texts of the Briefing paper (42 Kb in .doc file) and teh Policy
paper (141 Kb) are available from the MINELRES moderator by request
Boris
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