The Framework Convention for the Protection of National Minorities (FCNM) was signed on February 1995 by 22 member States of the Council of Europe (not to be confused with similarly named institutions of the European Union).
The Council of Europe first discussed according specific protection for national minorities in 1949, but it was not until 1990 that the Council of Europe made a firm commitment to protect these minority groups. Recommendation 1134 (1990) contained a list of principles which the Assembly considered necessary for this purpose.
The Framework was to become active in 1998. The broad aims of the Convention are to ensure that the signatory states respect the rights of national minorities, undertaking to combat discrimination, promote equality, preserve and develop the culture and identity of national minorities, guarantee certain freedoms in relation to access to the media, minority languages and education and encourage the participation of national minorities in public life.
Article 25 of the Framework Convention binds the signatory states to submit a report to the Council of Europe containing "full information on the legislative and other measures taken to give effect to the principles set out in this framework Convention" (Council of Europe, 1994, 7).
The Framework Convention for the Protection of National Minorities defines a national minority implicitly to include minorities possessing a territorial identity and a distinct cultural heritage.
By 2008, 39 member states have signed and ratified this European Convention, but the convention has come under some criticism. First of all, not all member states of the Council of Europe have signed and ratified it. France has done neither. Luxembourg and Belgium have signed and have yet to ratify. Also, the provisions offer little new on already existing international treaties. Furthermore, they are hedged around with many phrases including 'as far as possible'.
Overall however, Phillips (2002) has argued that because the FCNM is flexible it has allowed such a great number of states to ratify it so quickly. Therefore it should not be considered a failure, but a start. Many authors agree with this arguing that it needs to be implemented in 'good faith' with the political will to support commitment to minority rights.
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Cornish ethnicity
In the 2006 UK Government's draft 'UK Framework Convention Compliance Report', the Cornish ethnicity was the only group specifically mentioned as being excluded. On 6 Mar 2007 Andrew George MP raised the question in the House of Commons, "what consideration did the UK government give to the application on behalf of the Cornish for inclusion in the European Framework Convention for the Protection of National Minorities ?"[1] In August 2008 it was announced by Cornwall 2000 that they propose to lodge a case for the proposed inclusion of the Cornish into the Framework Convention for the Protection of National Minorities with the European Court of Human Rights. The Council of Europe’s Framework Convention ‘Committee of Experts’ on minority rights (the Advisory Committee) and the UK Equality and Human Rights Commission have consistently come out strongly in favour of Cornish inclusion within the Convention.[2]
The UK Government has been criticised for admitting to signing the FCNM convention for the wrong reasons - not to fulfil Convention principles to protect national minorities, but in fact to, “underline its commitment to tackle racial discrimination”.[3]
See also
- European Charter for Regional or Minority Languages
- Languages of the European Union
- UN Sub-Commission on Prevention of Discrimination and Protection of Minorities
References
- ^ Hansard - Andrew George - March 2007
- ^ The Cornish Fighting Fund
- ^ John Angarrack - ‘Scat t'Larrups?' p172 May 2008
External links
- Data on Convenction on Council of Europe portal
- Secretariat of the Framework Convention
- State and NGO reports under FCNM
- Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
- The Cornish and the Council of Europe Framework Convention for the Protection of National Minorities
- MK and the Framework Convention for the Protection of National Minorities
- Eurominority map of minorities, native peoples and ethnic groups
- European languages
- The International Protection of Minority Rights
- The Rights of Minorities in Europe 2008 - A Commentary on the European Framework Convention for the Protection of National Minorities by Marc Weller
- Recommendations from NGOs for increasing the effectiveness and expanding the ratification of the FCNM 2008
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