REPORT OF THE CSCE MEETING OF EXPERTS ON NATIONAL
MINORITIES, GENEVA 1991
The representatives of Albania, Austria, Belgium, Bulgaria,
Canada, Cyprus, the Czech and Slovak Federal Republic, Denmark,
Finland, France, Germany, Greece, the Holy See, Hungary, Iceland,
Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco,
the Netherlands-European Community, Norway, Poland, Portugal,
Romania, San Marino, Spain, Sweden, Switzerland, Turkey, the Union
of Soviet Socialist Republics, the United Kingdom, the
United States of America and Yugoslavia met in Geneva from
1 to 19 July 1991 in accordance with the relevant provisions of the
Charter of Paris for a New Europe.
An opening address to the Meeting was delivered by
H.E. Rene Felber, Federal Councillor, Head of the Federal
Department of Foreign Affairs of Switzerland, on behalf of the host
country. Opening statements were made by H.E. Catharina Dales,
Minister of the Interior of the Netherlands on behalf of the
Netherlands-European Community, and by Heads of Delegation of the
participating States. Contributions to the Meeting were made by
Ms. Catherine Lalumiere, Secretary General of the Council of
Europe, and Mr. Jan Martenson, Under-Secretary-General in charge of
the United Nations Centre for Human Rights in Geneva. The State
Secretary for Foreign Affairs of the host country,
Mr. Klaus Jacobi, delivered a closing address to the Meeting.
In accordance with the relevant provisions of the Charter of
Paris, the representatives of the participating States had a
thorough discussion on the issues of national minorities and of the
rights of persons belonging to them that reflected the diversity of
situations and of the legal, historical, political and economic
backgrounds. They had an exchange of views on practical experience
with national minorities, in particular on national legislation,
democratic institutions, international instruments and other
possible forms of co-operation. Views were expressed on the
implementation of the relevant CSCE commitments, and the
representatives of the participating States also considered the
scope for the improvement of relevant standards. They also
considered new measures aimed at improving the implementation of
the aforementioned commitments.
A number of proposals were submitted for consideration by the
Meeting and, following their deliberations, the representatives of
the participating States adopted this Report.
The text of the Report of the Geneva Meeting of Experts on
National Minorities will be published in each participating State,
which will disseminate it and make it known as widely as possible.
The representatives of the participating States note that the
Council will take into account the summing up of the Meeting, in
accordance with the Charter of Paris for a New Europe.
I.
Recognizing that their observance and full exercise of human
rights and fundamental freedoms, including those of persons
belonging to national minorities, are the foundation of the New
Europe,
Reaffirming their deep conviction that friendly relations among
their peoples, as well as peace, justice, stability and democracy,
require that the ethnic, cultural, linguistic and religious
identity of national minorities be protected, and conditions for
the promotion of that identity be created,
Convinced that, in States with national minorities, democracy
requires that all persons, including those belonging to national
minorities, enjoy full and effective equality of rights and
fundamental freedoms and benefit from the rule of law and
democratic institutions,
Aware of the diversity of situations and constitutional systems in
their countries, and therefore recognizing that various approaches
to the implementation of CSCE commitments regarding national
minorities are appropriate,
Mindful of the importance of exerting efforts to address national
minorities issues, particularly in areas where democratic
institutions are being consolidated and questions relating to
national minorities are of special concern,
Aware that national minorities form an integral part of the
society of the States in which they live and that they are a factor
of enrichment of each respective State and society,
Confirming the need to respect and implement fully and fairly
their undertakings in the field of human rights and fundamental
freedoms as set forth in the international instruments by which
they may be bound,
Reaffirming their strong determination to respect and apply, to
their full extent, all their commitments relating to national
minorities and persons belonging to them in the Helsinki Final Act,
the Madrid Concluding Document and the Vienna Concluding Document,
the Document of the Copenhagen Meeting of the Conference on the
Human Dimension of the CSCE, the Document of the Cracow Symposium
on the Cultural Heritage as well as the Charter of Paris for a New
Europe, the participating States present below the summary of their
conclusions.
The representatives of the participating States took as the
fundamental basis of their work the commitments undertaken by them
with respect to national minorities as contained in the relevant
adopted CSCE documents, in particular those in the Charter of Paris
for a New Europe and the Document of the Copenhagen Meeting of the
Conference on the Human Dimension of the CSCE, which they fully
reaffirmed.
II.
The participating States stress the continued importance of a
thorough review of implementation of their CSCE commitments
relating to persons belonging to national minorities.
They emphasize that human rights and fundamental freedoms are the
basis for the protection and promotion of rights of persons
belonging to national minorities. They further recognize that
questions relating to national minorities can only be
satisfactorily resolved in a democratic political framework based
on the rule of law, with a functioning independent judiciary. This
framework guarantees full respect for human rights and fundamental
freedoms, equal rights and status for all citizens, including
persons belonging to national minorities, the free expression of
all their legitimate interests and aspirations, political
pluralism, social tolerance and the implementation of legal rules
that place effective restraints on the abuse of governmental power.
Issues concerning national minorities, as well as compliance with
international obligations and commitments concerning the rights of
persons belonging to them, are matters of legitimate international
concern and consequently do not constitute exclusively an internal
affair of the respective State.
They note that not all ethnic, cultural, linguistic or religious
differences necessarily lead to the creation of national
minorities.
III.
Respecting the right of persons belonging to national minorities
to effective participation in public affairs, the participating
States consider that when issues relating to the situation of
national minorities are discussed within their countries, they
themselves should have the effective opportunity to be involved, in
accordance with the decision-making procedures of each State. They
further consider that appropriate democratic participation of
persons belonging to national minorities or their representatives
in decision-making or consultative bodies constitutes an important
element of effective participation in public affairs.
They consider that special efforts must be made to resolve
specific problems in a constructive manner and through dialogue by
means of negotiations and consultations with a view to improving
the situation of persons belonging to national minorities. They
recognize that the promotion of dialogue between States, and
between States and persons belonging to national minorities, will
be most successful when there is a free flow of information and
ideas between all parties. They encourage unilateral, bilateral
and multilateral efforts by governments to explore avenues for
enhancing the effectiveness of their implementation of CSCE
commitments relating to national minorities.
The participating States further consider that respect for human
rights and fundamental freedoms must be accorded on a
non-discriminatory basis throughout society. In areas inhabited
mainly by persons belonging to a national minority, the human
rights and fundamental freedoms of persons belonging to that
minority, of persons belonging to the majority population of the
respective State, and of persons belonging to other national
minorities residing in these areas will be equally protected.
They reconfirm that persons belonging to national minorities have
the right freely to express, preserve and develop their ethnic,
cultural, linguistic or religious identity and to maintain and
develop their culture in all its aspects, free of any attempts at
assimilation against their will.
They will permit the competent authorities to inform the Office
for Free Elections of all scheduled public elections on their
territories, including those held below national level. The
participating States will consider favourably, to the extent
permitted by law, the presence of observers at elections held below
the national level, including in areas inhabited by national
minorities, and will endeavour to facilitate their access.
IV.
The participating States will create conditions for persons
belonging to national minorities to have equal opportunity to be
effectively involved in the public life, economic activities, and
building of their societies.
In accordance with paragraph 31 of the Copenhagen Document, the
participating States will take the necessary measures to prevent
discrimination against individuals, particularly in respect of
employment, housing and education, on the grounds of belonging or
not belonging to a national minority. In that context, they will
make provision, if they have not yet done so, for effective
recourse to redress for individuals who have experienced
discriminatory treatment on the grounds of their belonging or not
belonging to a national minority, including by making available to
individual victims of discrimination a broad array of
administrative and judicial remedies.
The participating States are convinced that the preservation of
the values and of the cultural heritage of national minorities
requires the involvement of persons belonging to such minorities
and that tolerance and respect for different cultures are of
paramount importance in this regard. Accordingly, they confirm the
importance of refraining from hindering the production of cultural
materials concerning national minorities, including by persons
belonging to them.
The participating States affirm that persons belonging to a
national minority will enjoy the same rights and have the same
duties of citizenship as the rest of the population.
The participating States reconfirm the importance of adopting,
where necessary, special measures for the purpose of ensuring to
persons belonging to national minorities full equality with the
other citizens in the exercise and enjoyment of human rights and
fundamental freedoms. They further recall the need to take the
necessary measures to protect the ethnic, cultural, linguistic and
religious identity of national minorities on their territory and
create conditions for the promotion of that identity; any such
measures will be in conformity with the principles of equality and
non-discrimination with respect to the other citizens of the
participating State concerned.
They recognize that such measures, which take into account, inter
alia, historical and territorial circumstances of national
minorities, are particularly important in areas where democratic
institutions are being consolidated and national minorities issues
are of special concern.
Aware of the diversity and varying constitutional systems among
them, which make no single approach necessarily generally
applicable, the participating States note with interest that
positive results have been obtained by some of them in an
appropriate democratic manner by, inter alia:
-
advisory and decision-making bodies in which minorities are
represented, in particular with regard to education, culture and
religion;
-
elected bodies and assemblies of national minority affairs;
-
local and autonomous administration, as well as autonomy on a
territorial basis, including the existence of consultative,
legislative and executive bodies chosen through free and periodic
elections;
-
self-administration by a national minority of aspects concerning
its identity in situations where autonomy on a territorial basis
does not apply;
-
decentralized or local forms of government;
-
bilateral and multilateral agreements and other arrangements
regarding national minorities;
-
for persons belonging to national minorities, provision of
adequate types and levels of education in their mother tongue with
due regard to the number, geographic settlement patterns and
cultural traditions of national minorities;
-
funding the teaching of minority languages to the general public,
as well as the inclusion of minority languages in teacher-training
institutions, in particular in regions inhabited by persons
belonging to national minorities;
-
in cases where instruction in a particular subject is not provided
in their territory in the minority language at all levels, taking
the necessary measures to find means of recognizing diplomas issued
abroad for a course of study completed in that language;
-
creation of government research agencies to review legislation and
disseminate information related to equal rights and
non-discrimination;
-
provision of financial and technical assistance to persons
belonging to national minorities who so wish to exercise their
right to establish and maintain their own educational, cultural and
religious institutions, organizations and associations;
-
governmental assistance for addressing local difficulties relating
to discriminatory practices (e.g. a citizens relations service);
-
encouragement of grassroots community relations efforts between
minority communities, between majority and minority communities,
and between neighbouring communities sharing borders, aimed at
helping to prevent local tensions from arising and address
conflicts peacefully should they arise; and
-
encouragement of the establishment of permanent mixed commissions,
either inter-State or regional, to facilitate continuing dialogue
between the border regions concerned.
The participating States are of the view that these or other
approaches, individually or in combination, could be helpful in
improving the situation of national minorities on their
territories.
V.
The participating States respect the right of persons belonging to
national minorities to exercise and enjoy their rights alone or in
community with others, to establish and maintain organizations and
associations within their country, and to participate in
international non-governmental organizations.
The participating States reaffirm, and will not hinder the
exercise of, the right of persons belonging to national minorities
to establish and maintain their own educational, cultural and
religious institutions, organizations and associations.
In this regard, they recognize the major and vital role that
individuals, non-governmental organizations, and religious and
other groups play in fostering cross-cultural understanding and
improving relations at all levels of society, as well as across
international frontiers.
They believe that the first-hand observations and experience of
such organizations, groups, and individuals can be of great value
in promoting the implementation of CSCE commitments relating to
persons belonging to national minorities. They therefore will
encourage and not hinder the work of such organizations, groups and
individuals and welcome their contributions in this area.
VI.
The participating States, concerned by the proliferation of acts
of racial, ethnic and religious hatred, anti-semitism, xenophobia
and discrimination, stress their determination to condemn, on a
continuing basis, such acts against anyone.
In this context, they reaffirm their recognition of the particular
problems of Roma (gypsies). They are ready to undertake effective
measures in order to achieve full equality of opportunity between
persons belonging to Roma ordinarily resident in their State and
the rest of the resident population. They will also encourage
research and studies regarding Roma and the particular problems
they face.
They will take effective measures to promote tolerance,
understanding, equality of opportunity and good relations between
individuals of different origins within their country.
Further, the participating States will take effective measures,
including the adoption, in conformity with their constitutional law
and their international obligations, if they have not already done
so, of laws that would prohibit acts that constitute incitement to
violence based on national, racial, ethnic or religious
discrimination, hostility or hatred, including anti-semitism, and
policies to enforce such laws.
Moreover, in order to heighten public awareness of prejudice and
hatred, to improve enforcement of laws against hate-related crime
and otherwise to further efforts to address hatred and prejudice in
society, they will make efforts to collect, publish on a regular
basis, and make available to the public, data about crimes on their
respective territories that are based on prejudice as to race,
ethnic identity or religion, including the guidelines used for the
collection of such data. These data should not contain any
personal information.
They will consult and exchange views and information at the
international level, including at future meetings of the CSCE, on
crimes that manifest evidence of prejudice and hate.
VII.
Convinced that the protection of the rights of persons belonging
to national minorities necessitates free flow of information and
exchange of ideas, the participating States emphasize the
importance of communication between persons belonging to national
minorities without interference by public authorities and
regardless of frontiers. The exercise of such rights may be
subject only to such restrictions as are prescribed by law and are
consistent with international standards. They reaffirm that no one
belonging to a national minority, simply by virtue of belonging to
such a minority, will be subject to penal or administrative
sanctions for having had contacts within or outside his/her own
country.
In access to the media, they will not discriminate against anyone
based on ethnic, cultural, linguistic or religious grounds. They
will make information available that will assist the electronic
mass media in taking into account, in their programmes, the ethnic,
cultural, linguistic and religious identity of national minorities.
They reaffirm that establishment and maintenance of unimpeded
contacts among persons belonging to a national minority, as well as
contacts across frontiers by persons belonging to a national
minority with persons with whom they share a common ethnic or
national origin, cultural heritage or religious belief, contributes
to mutual understanding and promotes good-neighbourly relations.
They therefore encourage transfrontier co-operation arrangements
on a national, regional and local level, inter alia, on local
border crossings, the preservation of and visits to cultural and
historical monuments and sites, tourism, the improvement of
traffic, the economy, youth exchange, the protection of the
environment and the establishment of regional commissions.
They will also encourage the creation of informal working
arrangements (e.g. workshops, committees both within and between
the participating States) where national minorities live, to
discuss issues of, exchange experience on, and present proposals
on, issues related to national minorities.
With a view to improving their information about the actual
situation of national minorities, the participating States will, on
a voluntary basis distribute, through the CSCE Secretariat,
information to other participating States about the situation of
national minorities in their respective territories, as well as
statements of national policy in that respect.
The participating States will deposit with the CSCE Secretariat
copies of the contributions made in the Plenary of the CSCE Meeting
of Experts on National Minorities which they wish to be available
to the public.
VIII.
The participating States welcome the positive contribution made by
the representatives of the United Nations and the Council of Europe
to the proceedings of the Geneva Meeting of Experts on National
Minorities. They note that the work and activities of these
organizations will be of continuing relevance to the CSCE's
consideration of national minorities issues.
The participating States note that appropriate CSCE mechanisms may
be of relevance in addressing questions relating to national
minorities. Further, they recommend that the third Meeting of the
Conference on the Human Dimension of the CSCE consider expanding
the Human Dimension Mechanism. They will promote the involvement
of individuals in the protection of their rights, including the
rights of persons belonging to national minorities.
Finally, the representatives of the participating States request
the Executive Secretary of the Meeting to transmit this Report to
the third Meeting of the Conference on the Human Dimension of the
CSCE.
The representatives of the participating States express their
profound gratitude to the people and Government of Switzerland for
the excellent organization of the Geneva Meeting and the warm
hospitality extended to the delegations that participated in the
Meeting.
Geneva, 19 July 1991
