MINELRES: Minority Rights Information System (MIRIS): Newsletter no. 10

[minelres@lists.microlink.lv]

Original sender: Constantin Sergiu <Sergiu.Constantin@eurac.edu>


Dear colleagues and friends,

This is the tenth MIRIS newsletter which contains some of the most
relevant documents that have been stored recently in the Minority Rights
Information System (MIRIS). Please, click on the blue titles of the
documents in order to see the full text.

At the moment, more than 4000 documents on national minorities, from 35
European countries, are stored in MIRIS and can be easily accessed on
the website: http://www.eurac.edu/miris

The use of the database is free of charge. 

Any comments and suggestions from your side are very welcome! 

The MIRIS Team

________________________________________________________________________________
_______

Selection of recently added documents in MIRIS (Newsletter 10 - November
2005) - www.eurac.edu/miris 

 
DOMESTIC LEGISLATION/REGULATION

RUSSIAN FEDERATION
Constitution of Tatarstan - April 30, 2002 - in English 

The Republic of Tatarstan is a democratic constitutional State
associated with the Russian Federation by the Constitution of the
Russian Federation, the Constitution of the Republic of Tatarstan and
the Treaty between the Russian Federation and the Republic of Tatarstan
and a subject of the Russian Federation. The sovereignty of the Republic
of Tatarstan shall consist in full possession of the State authority
(legislative, executive and judicial) beyond the competence of the
Russian Federation and powers of the Russian Federation in the sphere of
shared competence of the Russian Federation and the Republic of
Tatarstan and shall be an inalienable qualitative status of the Republic
of Tatarstan.The status of the Republic of Tatarstan may not be altered
without the mutual consent of the Republic of Tatarstan and the Russian
Federation. The borders of the Republic of Tatarstan may not be altered
without its consent. The Tatar and Russian languages shall be the state
languages in the Republic of Tatarstan. The official languages of the
republic of Tatarstan shall be used on equal terms in all governmental
bodies, self-government entities and official institutions. The Republic
of Tatarstan shall assist in the development of national culture,
language, and the preservation of the identity of Tatars living outside
of the Republic of Tatarstan. Everyone shall have the right to use his
native language, to choose the language of communication, education,
training and creative activity. 

RUSSIAN FEDERATION
Constitution of Chuvash Republic - November 30, 2000 - in English 

Chuvash Republic - Chuvashia is a republic (state) in the structure of
the Russian Federation. Man, his rights and freedoms shall be the
supreme value. Human and civil rights and freedoms shall be recognized
and guaranteed in Chuvash Republic according to the conventional
principles and norms of international law, the Constitution of the
Russian Federation and the Constitution of Chuvash Republic. Chuvash
Republic shall bear responsibility for preservation and development of
culture of the Chuvash people and promote development of culture of all
peoples living in the republic. The state languages of Chuvash Republic
shall be the Chuvash and Russian languages. Everyone shall have the
right to use his/ her native language and to a free choice of the
language of communication, upbringing, education and creative work. 

UNITED KINGDOM
Gaelic Language (Scotland) Act 2005 - June 01, 2005 - in English 

This is an Act of the Scottish Parliament to establish a body having
functions exercisable with a view to securing the status of the Gaelic
language as an official language of Scotland commanding equal respect to
the English language, including the functions of preparing a national
Gaelic language plan, of requiring certain public authorities to prepare
and publish Gaelic language plans in connection with the exercise of
their functions and to maintain and implement such plans, and of issuing
guidance in relation to Gaelic education. 

SPAIN
Decree on the requirement of Catalan Language command in the selection
process for civil service positions in the local bodies of the Balearic
Islands on national level - October 05, 2004 - in English 

The law regulates the requirement to have a command of Catalan language
in the selection process for civil service positions in the local bodies
of the Balearic Islands on national level and puts in concrete form the
required level, the way of accrediting it and the legal measures which
shall be used in case that the local bodies fail to fulfill the
obligations foreseen in the present Decree. 

MACEDONIA
Law on national symbols - July 15, 2005 - in Macedonian 

This law enables ethnic minority to display its flag alongside the
Macedonian flag in areas where that minority constitutes more than 50
percent of the population. It marks the final stage of implementing the
2001 Ohrid peace agreement.The law enables minorities to fly their flag
on official occasions such as national holidays, during the visits of
high-ranking state representatives such as the president or prime
minister, and on holidays of ethnic or religious communities. 

GEORGIA
Resolution of the Parliament of Georgia on the ratification of the
Framework Convention for the Protection of National Minorities - October
13, 2005 - in English 

The Parliament of Georgia ratifies the Strasbourg Framework Convention
for the Protection of National Minorities of 1 February 1995 and takes
into account provisions in order to guarantee the protection of
minorities. 


CASE-LAWS

BULGARIA
Case of the United Macedonian Organisation Ilinden and Ivanov v.
Bulgaria - October 20, 2005 - in English 

The applicants complained under Article 11 (freedom of peaceful
assembly) of the Convention that they had been prevented from holding
peaceful meetings during the period 1998-2003. In their view, the
Bulgarian authorities had used physical and psychological violence with
a view to eliminating Ilinden from the public scene. The Court held
unanimously that there had been a violation of Article 11 of the
Convention. 

BULGARIA
Case of the United Macedonian Organisation Ilinden - Pirin and others v.
Bulgaria - October 20, 2005 - in English 

The applicants complained under Article 11 (right to freedom of
association)of the Convention that UMO Ilinden - PIRIN had been declared
unconstitutional and as a result dissolved. They submitted that this
interference with their freedom of association had not been prescribed
by law. The applicants submitted that interferences with the rights
protected by Articles 10 and 11 of the Convention were justified only
when the exercise of these rights endangered the principles of
democratic government, for example when there was a threat to use
violence and when the political project put forward was incompatible
with the rules of democracy. The Court held unanimously that there had
been a violation of Article 11 of the Convention. 

ROMANIA
Moldovan and others v. Romania (Judgment 1) - July 05, 2005 - in English 

The applicants are all Romanian nationals of Roma origin who lived in
the same village. In September 1993 a row broke out between three Roma
men and another villager that led to the death of the latter?s son who
had tried to intervene. The applicants alleged that the police had
encouraged the crowd to destroy more Roma property in the village. By
the following day, thirteen Roma houses had been completely destroyed
and several more had been very badly damaged. Much of the applicants?
personal property was also destroyed. The Court took note of the
agreement reached between 18 applicants and the Romanian Government that
undertook to pay them sums ranking between 11,000 and 23,000 Euros as
material and moral compensations. Also the Court decided to sever the
applications of the seven applicants who did not wish to reach the
agreement. It decided to adjourn for a separate examination on the
merits the complaints introduced by these seven applicants. 

ROMANIA
Moldovan and others v. Romania (Judgment 2) - July 12, 2005 - in English 

The applicants are Romanian nationals of Roma origin. They used to live
in the village of Hadareni, where on the evening of 20 September 1993 a
row between Roma and non-Roma broke out in a bar which ended with the
death of a non-Roma. The news of this incident caused attacks against
the Roma population in Hadareni. Three people were killed and thirteen
Roma houses belonging to the applicants were destroyed. The applicants
complained that, after the destruction of their houses, they could no
longer enjoy the use of their homes and had to live in very poor,
cramped conditions, in violation of Articles 3 and 8 of the Convention.
The Court held that there had been a violation of Article 3 (prohibition
of inhuman or degrading treatment), Article 6(1) (right to a fair
hearing) on account of the length of the proceedings, Article 8 (right
to respect for private and family life), and Article 14 (prohibition of
discrimination) taken in conjunction with Articles 6(1) and 8. The Court
ordered that the seven applicants be provided with damages totaling
238,000 Euro. Individual awards ranged from 11,000 to 95,000 Euro. 

BULGARIA
Case of Nachova and others v. Bulgaria - July 06, 2005 - in English 

The case concerns the killing on 19 July 1996 of Mr Angelov and Mr
Petkov by a member of the military police who was attempting to arrest
them. All the applicants are Bulgarian nationals of Roma origin. The
applicants complained that Mr Angelov and Mr Petkov had been killed in
violation of Article 2 of the Convention. It was alleged that they had
died as a result of the failure of domestic law and practice to regulate
in a Convention compatible manner the use of firearms by State agents.
The applicants also complained that the authorities had failed to
conduct an effective investigation into the deaths. The European Court
of Human Rights, sitting as a Grand Chamber held that: there has been a
violation of Article 2 of the Convention in respect of the deaths of Mr
Angelov and Mr Petkov;there has been a violation of Article 2 of the
Convention in that the authorities failed to conduct an effective
investigation into the deaths of Mr Angelov and Mr Petkov;there has been
no violation of Article 14 of the Convention taken in conjunction with
Article 2 of the Convention in respect of the allegation that the events
leading to the death of Mr Angelov and Mr Petkov constituted an act of
racial violence;there has been a violation of Article 14 of the
Convention taken in conjunction with Article 2 of the Convention in that
the authorities failed to investigate possible racist motives behind the
events that led to the deaths of Mr Angelov and Mr Petkov. 

TURKEY
Case of Leyla Sahin v. Turkey - June 29, 2004 - in English 

On 12 March 1998, in accordance with the aforementioned circular, the
applicant was denied access by invigilators to a written examination on
oncology because she was wearing the Islamic headscarf. On 20 March 1998
the secretarial offices of the chair of orthopaedic traumatology refused
to allow her to enroll because she was wearing a headscarf. On 16 April
1998 she was refused admission to a neurology lecture and on 10 June
1998 to a written examination on public health, again for the same
reason. The applicant submitted that the ban on wearing the Islamic
headscarf in higher-education institutions constituted an unjustified
interference with her right to freedom of religion, and, in particular,
her right to manifest her religion. She relied on Article 9 (freedom of
religion) of the Convention. The Government denied that there had been
such a breach. In their submission, there had been no interference with
the applicant's right to exercise her freedom of religion. Even if there
had been, it was justified under paragraph 2 of Article 9 of the
Convention. The Court held unanimously that there had been no violation
of Article 9 (freedom of religion) of the European Convention on Human
Rights; and that no separate question arises under Articles 8 and 10,
Article 14 taken together with Article 9 of the Convention, and Article
2 of Protocol No. 1. 


REPORTS

RUSSIAN FEDERATION
Second Report submitted by the Russian Federation pursuant to Article
25, Paragraph 1 of the Framework Convention for the Protection of
National Minorities - April 26, 2005 - in English 


ROMANIA
Second Report submitted by Romania pursuant to Article 25, Paragraph 1
of the Framework Convention for the Protection of National Minorities -
June 06, 2005 - in English 


NORWAY
Second Periodic Report on the Implementation of the Council of Europe's
Framework Convention for the Protection of National Minorities - October
19, 2005 - in English 


ECRI Third Report for the following countries
The European Commission against Racism and Intolerance (ECRI) was
established by the Council of Europe. It is an independent human rights
monitoring body specialised in questions relating to racism and
intolerance. One of the pillars of ECRI's work programme is its
country-by-country approach, whereby it analyses the situation as
regards racism and intolerance in each of the member States of the
Council of Europe and makes suggestions and proposals as to how to
tackle the problems identified. 

United Kingdom - December 17, 2004 - in English 

Sweden - December 17, 2004 - in English 

Poland - December 17, 2004 - in English 

Croatia - December 17, 2004 - in English 

Albania - December 17, 2004 - in English 


INTERNATIONAL ORGANIZATIONS DOCUMENTS

COUNCIL OF EUROPE
Application of the European Charter for Regional or Minority Languages
(Communication by the Secretary General of the Council of Europe) - made
public on September 03, 2005 - in English 

Resolution ResCMN(2005)4 on the implementation of the Framework
Convention for the Protection of National Minorities by "the former
Yugoslav Republic of Macedonia" - made public on June 15, 2005 - in
English 

Recommendation RecChL(2005)1 of the Committee of Ministers on the
application of the European Charter for Regional or Minority Languages
by Austria - made public on January 19, 2005 - in English 

Venice Commission
Opinion on the Draft Law on the Statute of National Minorities living in
Romania adopted by the Venice Commission at its 64th Plenary Session
(Venice, 21-22 October 2005) - made public on October 25, 2005 - in
English 

Opinion on the Draft Law regarding the Religious Freedom and the General
Regime of Religions in Romania adopted by the Venice Commission at its
64th plenary session (Venice, 21-22 October 2005) - made public on
November 4, 2005 - in English 

Second Opinion adopted by the Advisory Committee on the the Framework
Convention for the Protection of National Minorities 

Estonia - made public on February 24, 2005 - in English 

Italy - made public on February 24, 2005 - in English 

Czech Republic - made public on February 24, 2005 - in English 

Denmark - made public on December 09, 2004 - in English 

Moldova - made public on December 09, 2004 - in English 

Croatia - made public on October 01, 2004 - in English 

MINORITY INFO

Roma
The Situation of Roma in Selected Western European Countries - June,
2005 - in English 

COUNTRY INFO
Draft Law on the Statute of National Minorities living in Romania -
June, 2005 - in English 

 
Sergiu Constantin
researcher
_______________________
EURAC research
Viale Druso/Drususallee 1
39100 Bolzano/Bozen
Italy

Tel. +39 0471 055223
Fax  +39 0471 055299 
Email: sergiu.constantin@eurac.edu
Website:
www.eurac.edu

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