MINELRES: Minority Rights Group International: EU Constitution risks letting states of the hook on minority rights

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Minority Rights Group International 

Press Release           
08 October 2003                 

For immediate Release

EU Constitution risks letting states off the hook on minority rights

The draft European Constitution currently fails to address issues of
minority rights among its fundamental principles, missing an important
opportunity for a common European commitment to minorities. This is in
contrast to the Copenhagen Criteria for new EU membership accession
states, which stipulates conditions for entry concerning minority
rights. If the EU Constitution fails to be consistent with these strict
criteria, the risk is that new member states will have much less
commitment to the protection of minorities once within the EU, than they
did outside.

The Intergovernmental Conference (IGC), which began in Rome on 04
October, creates the opportunity to amend this omission. The inclusion
of minority provisions will ensure that EU states, both existing and
newly acceded, have a strong constitutional obligation to the protection
of ethnic, religious and linguistic minorities. Minority Rights Group
International (MRG) has highlighted the fact that a European
Constitution risks repeating the major problem of the Treaty of
Amsterdam which also failed to consider minority rights among the
guiding principles of the Union. Of those due to join the EU in 2004,
Latvia stands out as cause for concern, because to date it is the only
one of ten accession states not to have ratified the Council of Europe's
Framework Convention for the Protection of National Minorities (FCNM).
MRG highlighted in April 2003 that some existing EU states including the
Netherlands, Belgium, Luxembourg, France and Greece have also not
ratified the Convention.

In a positive move, endorsed by MRG, Hungary have also proposed
inclusion of reference to minority rights in the basic provisions of the
Constitution, a move which President Chirac and Prime Minister Simitis
have expressed support for. At the very least, MRG has called for
Article 57, relating to EU accession, to be amended to include specific
reference to the Copenhagen Criteria, including that of minority
protection. Director of MRG, Mark Lattimer, stated that: 'There is still
a risk that future EU applicants, such as Turkey and countries in the
western Balkans, will argue that there is no legal basis requiring them
to comply with criteria on minority protection for membership.'

Mr Lattimer highlighted that the non-discrimination provision,
fundamental to minority rights, within the draft Constitution is
problematic, since in its current form it would require unanimity for
future EU laws in this area. This, MRG suggests, would be almost
impossible to achieve in an enlarged Union of over twenty-five states.
The EU has recognized the important role of minority rights in
contributing to stability and conflict prevention, notably in regard to
Central and Eastern Europe, and in its requirements of new member states
in this respect. However, in its current form, the draft Constitution
continues to neglect this link by continuing to omit reference to
minority rights provisions, including reference to protection of
religious and linguistic rights. MRG believes that the language of an EU
Constitution should reflect the full ethnic, religious, cultural and
linguistic diversity which exists within Europe.   

'Minority rights will remain key in all the countries that are still
discussing accession, including the western Balkans' stated Mr.
Lattimer. 'Minorities exist within every state in Europe and the process
of formulating a Constitution which adequately addresses their rights is
a vital step towards true equality and non-discrimination. These are
fundamental principles of international law and must be treated as
such.'

The IGC has the task of finalizing the text of the draft Constitution
which is due to be concluded by May 2004. Minority Rights Group
International strongly supports calls by NGO networks and environmental,
social, human rights and development actors, to ensure that the process
and negotiations should be transparent, consultative and participatory.
The EU's pressure can lead to significant improvements in minority
protection in all the countries of the Union and those that wish to
join.

Notes for editors: 

For interviews or further information please contact the Press Office at
MRG on 
+44 (0) 20 7978 9498 x205 or 
07734768223 (mobile), 
email: graham.fox@mrgmail.org 

Minority Rights Group International (MRG) is a non-governmental
organization working to secure the rights of ethnic, religious and
linguistic minorities and indigenous peoples worldwide, and to promote
cooperation and understanding between communities.

www.minorityrights.org