On 15th January 1998,
the UK Government ratified the Council of Europe Framework Convention for the
Protection of National Minorities. Entering into force on 1st February 1998, the Convention is the first legally binding multilateral
international instrument devoted to the specific plight of minorities. A copy
of the Convention document can be found here:
The Convention states that
government must publicise its existence and make known the rights contained
within it. People who have read Scat t’Larrups will know that within ten months
of introducing the Terrorism Act 2006, the Cornish came to know of its
existence and feel its sharp impact.
Yet it is ten years after the introduction of the Framework Convention
and the overwhelming majority of UK citizens are still unaware of its existence
and no mention is made of it in schools. This is nothing new. The UK Government
is always the first to preen itself on the world stage by trumpeting the many
international human rights treaties it has signed, whilst all the time keeping
from the domestic audience the rights and benefits enshrined in such treaties.
Nevertheless, the Convention
preamble, and Comment 24 of the accompanying Explanatory Report, states that
the Convention: reflects the concern of the Council of Europe about the
jeopardy to the existence of national minorities which the: upheavals of
European history have brought about. Article 2 of the Convention states: the
Convention shall be applied in good faith, in a spirit of understanding and
tolerance.
Although the Convention is a
legally binding instrument under international law, the addition of the word
‘Framework’ indicates that the principles contained in the Convention are not
directly applicable in the domestic legal orders of the member states. However,
the preamble to the Convention makes it clear that when signing the Convention,
states give a solemn undertaking to implement Convention Articles through: national legislation and appropriate
governmental policies.
The Convention deals with a
plethora of minority rights issues ranging from non-discrimination, equality
before the law, the avoidance of assimilation and the promotion, through
educational and other programmes, of the minority identity, language,
history and culture.
One weakness of the Convention is
its inability to define the term ‘national minority’ and signatories have been
given a certain degree of latitude to decide which groups should fall within
the scope of the Convention. However, Recommendation 1201 [1993] of the
Parliamentary Assembly to the Council of Europe provides Governments with a
guiding definition of ‘national minority:
Section I — Definition
Article 1
For the purposes of this Convention, the
expression ‘national minority’ refers to a group of persons in a state who:
- reside
on the territory of that state and are citizens thereof ;
- maintain
longstanding, firm and lasting ties with that state ;
- display
distinctive ethnic, cultural, religious or linguistic
characteristics ;
- are
sufficiently representative, although smaller in number than the rest of
the population of that state or of a region of that state ;
- are
motivated by a concern to preserve together that which constitutes their
common identity, including their culture, their traditions, their religion
or their language.
The fact that the Cornish are a
longstanding group of UK citizens in possession of a minority language
recognised by the UK Government for the purposes of the European Charter for
Regional or Minority Languages; often act together to preserve their common
identity, and are motivated enough to lobby government for ten years in respect
of obtaining inclusion within the Convention, is sufficient to satisfy the
Council of Europe definition of ‘national minority’.
Assisted by an ‘Advisory
Committee’ of minority rights experts, the Committee of Ministers of the
Council of Europe monitors the implementation of the Convention. Under the
terms of the Convention, the government must submit 5 yearly progress reports
to the Secretary General. These ‘Compliance Reports’ must detail the
legislative measures, policy initiatives and other steps taken by government to
give effect to the Convention.
The Council of Europe can only
advise government what to do in respect of implementation. If the government
does not wish to heed this advice, the Convention contains no enforcement
mechanism. If groups are unjustly excluded, or feel that government is not
meeting its commitments under the Convention, the only remedy is through the
courts. |
