01.02.2000
STABILITY PACT FOR SOUTH-EASTERN
EUROPE
WORKING TABLE I
(DEMOCRATISATION AND HUMAN RIGHTS)
Project on Minorities
Draft Report of the Special
Delegation of Council of Europe Advisers on Minorities
Strasbourg, February 2000
"The Promotion of Multi-Ethnic
Society and Democratic Citizenship in South Eastern Europe"
INTRODUCTION
1. At its meeting in Geneva on 18/19 October
1999, the Stability Pact Working Table I (on Democratisation and Human Rights) endorsed
the Council of Europe initiative to launch, in cooperation with the OSCE High Commissioner
on National Minorities, a series of consultations in South-East Europe on human rights and
minority issues. It was understood that the outcome of the consultation would help in the
preparation of the Conference which the Slovenian Government offered to organise on the
matter in early 2000.
2. A Council of Europe Delegation visited in
the period of November - December 1999 the following countries: Croatia, Bosnia and
Herzegovina (including both the Federation of Bosnia and Herzegovina and the Republika
Srpska), Albania and "the Former Yugoslav Republic of Macedonia", for numerous
and intensive talks in the capitals and other places with members of government,
parliament, local authorities, the administration, representatives of ethnic groups and
communities and minorities, educational and research institutions, civil society, as well
as field missions of international organisations (OSCE, EU, UN, etc.). In addition, the
Head of the Delegation had talks in Athens and Budapest (visits are also planned to
Bucarest and Sofia). Questions raised during the Delegation's visits were also discussed
in the framework of contacts with Democratic Forces in the Federal Republic of Yugoslavia,
including authorities of Montenegro (Bratislava Process).
3. The present report summarises the outcome
of the consultations by the Council of Europe Delegation. It contains a description of
basic concepts and objectives as well as an action plan for the promotion and, where
necessary, the rehabilitation of multi-ethnic society combined with the development of
democratic citizenship. It is submitted for comments by the authorities and other persons
consulted by the Delegation as well as by future partners in the implementation of this
Stability Pact project. Thus it may become the draft for a concluding document and action
plan to be adopted by the forthcoming Conference in Slovenia.
DRAFT REPORT
I. BASIC CONCEPTS AND GENERAL
OBJECTIVES
1. The population structure of the countries
of South-East Europe is characterised by often extremely complex patterns or mosaics of
distinct cultural, linguistic, religious and other groups or communities, often referred
to as ethnic groups and communities or minorities. Concepts such as "national
minorities" which have been used in the past to try to cater for this reality are
certainly useful and should as such not be replaced, but it seems necessary to carry the
thinking a step further in order to rally in all parts of South-East Europe the consensus
which is needed as a basis for a peaceful and prosperous future of the whole region. For
one thing, the "nation-state"-terminology is more and more felt to be inadequate
and obsolete. There is an awareness that it is now time to recognise that new concepts,
models and formulas are necessary for coping with the complex realities, which would go
beyond, but include, concepts such as "national minorities". This will also
entail taking a fresh look at the use of certain traditional concepts such as
territoriality as an exclusive factor for attributing minority rights.
2. The concept of "multi-ethnic and
multi-cultural society" is put forward as an important avenue for overcoming the
problems which have resulted from an - often ethnocentric - thinking in rigid categories:
a heritage of exclusivity, exclusion and compartmentalisation which did not allow for a
genuine dialogue between all people, a common forum (both in a political and in a social
sense) for the articulation of the different wishes and needs and a common ground for
living together. It is now urgent to move forward and re-create the pillars of
multi-ethnic and multi-cultural society. This should be done not in an ad hoc manner but
through a principled approach on the basis of existing common European standards that are
directly relevant and should be applied in each country. While there are differences
between countries in the composition patterns of the populations, they all have in common
that these patterns are complex and in a way, each of them is confronted by problems and
challenges that flow from these realities. The consequences of war, which has mainly been
caused by aggressive ethno-nationalism, are still felt regionwide and must be overcome
bearing the regional context in mind. Here and there, ethno-nationalistic tendencies still
exist, and the Kosovo crisis has shown how important it is to contain and overcome these.
3. The international community should now
demonstrate, strongly and unequivocally, its continued adherence to the principles it has
stood up for in regard to Bosnia and Herzegovina and Kosovo: rejection of ethnic cleansing
and other human rights violations and support for democratic and multi-ethnic society.
4. The key objectives of the project are
twofold:
- the promotion and, where necessary,
rehabilitation of multi-ethnic and multi-cultural society, and
- the development of democratic citizenship.
5. These two objectives have to be seen in
conjunction: multi-ethnic and multi-cultural society must be firmly rooted in a common
effort to promote democratic values, especially equal citizenship rights and the equal
empowerment of all citizens for sharing responsibility for the life of the country as a
whole. Genuine democratic society entails - contrary to the communist heritage - a strong
culture of respect for human rights and the rule of law and the free expression of
opinions and pursuit of personal and common objectives by citizens individually and
collectively. In a democratic society, protection of ethnic communities and minorities is
not regarded as a sectarian pursuit but as a matter of concern for society as a whole:
- where different origins, belongings,
identities of people are not perceived negatively but as part of a common heritage of
cultural diversity and richness;
- where all are equal members and everyone has
the right freely to express, preserve and develop his or her identity;
- which is characterised by a culture of
tolerance and inclusion;
- where "ethnicity" is not seen as
an exclusive feature of identity but where forced assimilation is not accepted either;
- where "diversity" goes hand in
hand with "equality" and where different senses of belonging and collective
identity are recognised as a matter of democratic pluralism;
- where solidarity and equal participation by
all are highly valued.
6. Genuine ownership of these concepts in the
countries of South-East Europe will also be an indispensable and extremely significant
achievement from a European perspective, not just in terms of stability but from the point
of view of the process of European integration. Their successful implementation will not
fail to open up real European perspectives for each country so committed. In fact, the
project seeks to advance what may be called a model of society based on European values
and principles, as set out in the legal and political standards of the Council of Europe
and the OSCE as well as the Copenhagen criteria for the enlargement of the European Union.
7. It should be recalled that these very same
principles have guided the international community's involvement in the region in recent
years (see, for example, the 1995 Dayton/Paris Agreements on Bosnia and Herzegovina and
the 1999 UN Security Council Resolution 1244 on Kosovo).
8. It is essential that the concepts of
multi-ethnic society and democratic citizenship are seen as mainstreaming concepts . The
dimension of multi-ethnic society and democratic citizenship should become an integral
part of decision-making in all policy areas. This will be an important aspect of the
activities to be developed in the context of this project.
9. Mainstreaming also means that the project
will be relevant to, and support, the objectives of several other projects which are being
prepared in the framework of the Stability Pact (in areas such as education, media, Roma
issues, return of refugees and internally displaced persons, local authorities, good
governance, Ombudsman and national human rights institutions). Good use will have to be
made of the opportunities for reaching out to, and synergy with, other projects which are
together so important for the overall success of the Stability Pact as a whole.
10. It would be a mistake to believe that
these concepts are new or alien to the region. The history of the region shows that it has
been possible in the past for all members of society to live together peacefully. However,
attempts in recent years to destroy multi-ethnic society in some countries make it
necessary to give a strong impetus to this concept and the above-mentioned values that are
attached to it. For the same reason, it will be necessary in some countries that
rehabilitation of multi-ethnic society actually takes the form of reconstruction of
multi-ethnic society (returns of refugees and internally displaced persons, based on full
respect of the human rights of the persons concerned) and repair (where necessary through
well conceived reconciliation processes) of the damage done to the concept and values of
multi-ethnic society in the hearts and minds of the people.
11. Promotion and where necessary
rehabilitation of multi-ethnic society and development of democratic citizenship should
involve special attention for an often neglected and totally marginalised minority: the
Roma . This will mean: recognition of Roma as a group with its specific features, needs
and wishes; putting an end to the often flagrant forms of discrimination to which they are
subjected; promotion of their integration into society; development and implementation of
adequate forms of affirmative action (in areas such as education, housing, health care,
etc.).
II. ACCEPTANCE AND IMPLEMENTATION OF
INTERNATIONAL STANDARDS
12. The international community has, starting
with the adoption of the Universal Declaration of Human Rights in 1948, elaborated
relevant standards through international human rights instruments. At the regional level,
particular mention should be made of the European Convention on Human Rights (ECHR, 1950).
As concerns specifically the protection of minorities, important standards have been
developed in the Copenhagen Document of the CSCE (1990), the United Nations Declaration on
the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities
(1992), as well as in legally binding instruments of the Council of Europe: the Framework
Convention for the Protection of National Minorities of 1995 (FCNM) and, in the field of
language, the European Charter on Regional or Minority Languages (1992).
13. While a number of countries in the region
have already accepted to be legally bound by the ECHR, the Framework Convention and the
Language Charter , adherence to these instruments which constitute a European
"acquis" is an important common target for all countries of the region. They
should reaffirm their commitment to these standards as their common standards. There is no
reason to amend or replace them; what is important is a firm commitment to take all
necessary measures to ensure full implementation of these standards in practice and to
co-operate fully in their supervisory mechanisms. Respect for human rights and the
principles of pluralist democracy and the rule of law (see Section I above) are essential
for the implementation of these standards.
III. OUTLINE OF MEASURES AND
COMMITMENTS
Introduction
14. Certain measures and initiatives which
contribute to the realisation of the above-mentioned objectives have already been
developed and are being implemented in the countries of the region; these are referred to
hereafter as "good practices". Other such measures and initiatives are currently
being developed; these may be called "good processes". Some of these practices
and processes have been initiated by public authorities (at national, regional or local
level), others stem from non-governmental initiatives. They deserve to be highlighted as
examples of good practice/good processes which - even if they will not always lend
themselves to being copied exactly in other countries - at least merit serious
consideration by and in other countries of the region. As it would be impossible to draw
up an exhaustive list of such good practices and processes (for example, there is a wealth
of grass-roots projects that are being implemented or prepared by NGOs), the first two
baskets described below (of good practices and good processes, respectively) are to be
seen as collections of examples .
15. On the other hand, it is also important
that the countries of the region demonstrate their commitment to take further measures and
initiatives which contribute to the achievement of the objectives concerning multi-ethnic
and multi-cultural society and democratic citizenship as outlined above. Commitments for
such further measures and initiatives are listed hereafter in a third basket.
Basket 1: Good practices
a. Special measures designed to promote
minority representation in parliament;
b. Multi-ethnic composition of governments;
c. Establishment or reinforcement of permanent
common dialogue structures between authorities and ethnic groups and communities and
minorities (consultative structures such as councils for national minorities), which are
inclusive, offer meaningful opportunities for active input in policy-making, with a
responsive attitude on the part of the authorities;
d. Establishment of government offices for
ethnic groups and communities and minorities which are accessible and responsive;
e. Parliamentary commissions on minorities;
f. Decentralisation and development of local
government with positive consequences for the participation and integration of minorities;
g. Law on religious denominations;
h. Establishment of an Ombudsman and/or
national human rights institution (specifically on minorities or more general);
i. Experimental mixed schools/kindergartens as
pilot projects;
j. Close contacts and co-operation between the
leaders of different religious communities;
k. Grass-roots NGO work at the local level,
including transborder projects;
l. Implementation of specific policy
programmes, for example concerning Roma;
m. Good reception and assistance to refugees
and internally displaced persons;
n. Transborder co-operation as a means for
facilitating contacts between citizens;
o. Bilateral agreements concerning minorities;
p. Active participation in regional structures
and their programmes relevant to minorities and multi-ethnic society (e.g. Central
European Initiative and its Torino Document);
q Associations of Roma, possibly organised on
a country-wide basis;
r. Programmes of meetings and common
activities by women from different communities.
Basket 2: Good Processes
a. Implementation of Human Rights Education
Programmes, with emphasis on tolerance and respect for others;
b. Inter-country contacts to promote return of
refugees and displaced persons;
c. Co-operation to promote exchanges or common
projects in the fields of culture, science, youth and sports;
d. Decentralisation processes helping
participation and integration;
e. Transfrontier co-operation between
neighbouring countries, in areas such as energy, trade, employment or the environment,
with the aim of enhancing contacts between people living on different sides of the border
and to improving their living conditions;
f. Common out-of-school activities for young
pupils from different communities;
g. Work of teams of reporters composed of
journalists from different communities;
h. Affirmative action programmes to increase
representation of minorities in the civil service, including the police;
i. Training of the police on community
policing;
j. Examination of history books used in
schools with a view to removing offensive material;
k. Media initiatives to promote communication
and mutual understanding between communities (e.g.: airtime for programmes for minorities;
presence of features on minorities in mainstream programmes; children's programmes
promoting tolerance; local radio projects with participation of minorities and different
ethnic groups);
l. Co-operation between government offices for
ethnic groups and communities and national minorities (as promoted by a Joint Programme on
Minorities between the Council of Europe and the European Commission);
m. Networking and co-operation between NGOs
dealing with inter-ethnic and minority issues;
n. Confidence-building and reconciliation
activities at local level;
o. Networking between universities/academies
of science/scientific and educational institutes etc. with a view to promoting
multi-ethnic and multi-cultural society and protection of minorities.
Basket 3: Commitments for further
initiatives and measures
a. To become bound by, and implement, relevant
existing standards (especially ECHR and FCNM, but also other relevant instruments such as
the Charter for Regional or Minority Languages and the Charter of Local Self-Government of
the Council of Europe) and co-operate fully with their supervisory systems (this may
involve: adoption of constitutional provisions on the protection of minorities and
adoption/amendment of implementing legislation protecting the rights of minorities);
b. To conclude bilateral agreements (as
concerns minorities, the facilitation of transborder crossings, for instance) as a tool
for promoting good ethnic relations;
c. To take into consideration the Hague, Oslo
and Lund Recommendations on national minorities (on education rights, linguistic rights,
and effective participation in public life, respectively) as tools for the implementation
of standards mentioned in Chapter II above, where necessary with expert advice and other
assistance from relevant international organisations);
d. To participate in a future regional meeting
in co-operation with the Venice Commission on Democracy through Law (Council of Europe) in
order to discuss existing constitutional provisions and examine to what extent they
correspond to the concept of multi-ethnic society and democratic citizenship;
e. To develop, where necessary and
appropriate, the reform of educational legislation and institutions to cope with the needs
of ethnic groups and communities and minorities ;
f. To support initiatives of Roma and other
minorities concerning the development/codification of their language;
g. To create the legal conditions (e.g.:
changes in property legislation) necessary for the return of refugees and displaced
persons and solve citizenship issues which still form an obstacle for return and good
inter-ethnic relations ;
h. To agree to specific return programmes for
the Roma ;
i. To agree to implement fully the existing
return programmes and, in this context, to conclude the necessary bi-lateral/tri-lateral
agreements ;
j. To agree on transparency in matters of
policy planning in the field of inter-ethnic relations;
k. For countries having plans for organising a
population census, to commit themselves to do so according to European standards and with
the assistance of international organisations .
IV. COMMON ACTION PROPOSED TO THE
CONFERENCE IN SLOVENIA
Awareness-Raising Campaign
19. It is proposed to launch a wide-ranging
campaign with a view to raising awareness of the values and principles of multi-ethnic and
multi-cultural society and democratic citizenship. This campaign will have to be
significant, vigorous and based on a strong commitment by the countries concerned. This
will entail the setting of specific campaign objectives: it should be a campaign by the
countries concerned themselves and for their populations, and therefore adapted to the
specific situation and prevailing attitudes in each country, but based on support from
Stability Pact resources (political, intellectual and financial as well).
20. The campaign will rely on structures in
the countries themselves: in each of them, a campaign committee will be set up.
21. The campaign will also need a common
Stability Pact structure, which would keep direction and momentum and to which the country
committees can turn for guidance, ideas etc.
22. A "Regional and European Panel"
of well-respected personalities of high moral standing and authority, to be appointed by
the Stability Pact structure, should come out, at the beginning of the campaign, with a
strong public message in support of its objectives and be involved thereafter in
advocating the campaign concepts and participate in its activities. These personalities
would come from the countries of South-East Europe as well as other countries involved in
the Stability Pact. They should represent different sectors such as the arts (creators and
performers), sports, universities, religious communities, science, business, etc.
23. The campaign will also require some
appropriate thematic structures (in fields such as media, culture, education, youth,
science, local government), which would conduct some of the activities (e.g.: youth
exchange programmes, programme of round tables, internet projects for young people,
specific training for professional groups such as civil servants, cultural exchanges
including regional tours of cultural events, study visits, joint media reporting and
programmes, etc).
24. The Conference in Slovenia should agree on
the principle of launching this campaign and call for a meeting of an organising
committee.
Foreign Relations
25. As concerns the field of foreign
relations, participant countries should declare that they will promote the concepts and
objectives set out in this project and contribute to their realisation, for example by
exercising the necessary restraint and moderation in situations and moments of tension.
Commitment to existing standards
26. The countries concerned should express
firm commitments with regard to existing European standards in the field of human rights,
including the protection of minorities: ratify the relevant legal instruments if they have
not done so yet, co-operate fully with the supervisory systems of these instruments, take
all legislative and policy measures necessary for their implementation and facilitate
actively their monitoring.
Non-Discrimination Review and
Programme of Positive Measures to promote full Equality
27. The countries will be invited to undertake
a comprehensive and thorough review of their laws, policies and practices with a view to
identifying and removing discriminatory aspects. This review will be conducted with the
assistance of experts of the Council of Europe, on the basis of a methodology to be
developed in the light of similar exercises in the past (e.g.: examination of
compatibility of legislation and practice with the European Convention of Human Rights).
28. As a corollary to the non-discrimination
review, the countries should express their commitment to elaborate programmes of special
measures ("positive action"), inter alia in the field of recruitment and other
staff policies for all sectors of public administration.
29. The countries will declare that they will
pay special attention to solving the problems of Roma in particular. In the context of the
present project, this concerns the recognition of the Roma minority, the elimination of
discrimination in respect of Roma, and the elaboration of special measures/positive action
programmes aiming at full equality and integration of Roma as part of multi-ethnic
society.
Common Heritage Commission
30. It is proposed that the countries of the
region establish a regional commission of independent experts which would highlight the
contributions made by individual countries to the common heritage of the region, examine
ways and means to remove offensive elements from educational materials and cultural
establishments or works, and to promote a culture of tolerance in the media which avoids
hate speech and prejudice. The Council of Europe could provide expert advice and sponsor a
start-up conference.
Civil Society Conference
31. The Conference in Slovenia should invite
the Council of Europe to convene, later in 2000, a major Civil Society Conference in
South-East Europe in order to promote the present project and examine a wide range of
possibilities for contributions to the project in this sector.
* * *
1. Mr Hans-Peter FURRER, Director General of
Political Affairs of the Council of Europe, Head of the Delegation; Mr Philippe BOILLAT
(Switzerland); Mr Marcin CZAPLINSKI (HCNM); Mr Constantin ECONOMIDES (Greece); Mrs Sonja
MOSER-STARRACH (Austria); Mr Jeroen SCHOKKENBROEK (Council of Europe); Mr Stefan TROEBST
(Germany); Mr Mitja ZAGAR (Slovenia)
2. On this point, the present project is
comparable to the gender project under Working Table I of the Stability Pact. Of course,
this also means that the gender dimension should be integrated in the present project
because account must be taken of the specific handicaps and disadvantages (double bias)
which minority women face.
3. Term which should be understood to include
Roma, Sinti, Egyptians, Ashkali, et al
4. The following States have signed and
ratified the European Convention for the Protection of Human Rights and Fundamental
Freedoms: Albania, Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland,
Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway,
Poland, Portugal, Romania, Russia, San Marino, Slovakia, Slovenia, Spain, Sweden,
Switzerland, "the former Yugoslav Republic of Macedonia", Turkey, Ukraine,
United Kingdom.
The following States have signed and ratified
the Framework Convention for the Protection of National Minorities: Albania, Austria,
Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Hungary,
Ireland, Italy, Liechtenstein, Malta, Moldova, Norway, Romania, Russia, San Marino,
Slovakia, Slovenia, Spain, Switzerland, "the former Yugoslav Republic of
Macedonia", Ukraine, United Kingdom, Armenia. In addition, the following States have
signed the Framework Convention: Georgia, Greece, Iceland, Latvia, Lithuania, Luxembourg,
Netherlands, Poland, Portugal, Sweden.
The following States have signed and ratified
the European Charter for Regional or Minority Languages: Croatia, Finland, Germany,
Hungary, Liechtenstein, Netherlands, Norway, Switzerland. In addition, the following
States have signed the Charter: Austria, Cyprus, Denmark, France, Iceland, Luxembourg,
Malta, Romania, Slovenia, Spain, "the former Yugoslav Republic of Macedonia",
Ukraine.
5. These examples are drawn from different
countries in the region. They may be amplified and could be identified by the countries
themselves in order to illustrate their experience.
6. The examples in this basket are general
(concerning all countries) or more specific (relating to one or several countries:
indications concerning the latter are given in the following respective footnotes). They
are in no way exhaustive, other general or specific proposals will certainly be welcome.
7. For instance, it is envisaged that
"the former Yugoslav Republic of MACEDONIA" will continue its efforts to prepare
reforms in the sphere of higher education in minority languages, in cooperation with the
OSCE High Commissioner on National Minorities and the Council of Europe.
8. This applies in particular to BOSNIA AND
HERZEGOVINA and CROATIA.
9. An important signal, also in terms of
confidence-building, could be a return programme for Roma back home to Bijeljina in the
Republika Srpska (BOSNIA AND HERZEGOVINA).
10. This applies in particular to CROATIA.
11. E.g. ALBANIA, CROATIA. |
