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protocol to the ECHR included in Assembly Recommendation 1201 (1993) and other proposals.
This examination culminated in the report of the CDDH to the Committee of Ministers of 8
September 1993, which included various legal standards which might be adopted in this area
and the legal instruments in which they could be laid down. In this connection, the CDDH noted
that there was no consensus on the interpretation of the term “national minorities”.
5.
The decisive step was taken when the Heads of State and Government of the Council of
Europe’s member States met in Vienna at the summit of 8 and 9 October 1993. There, it was
agreed that the national minorities which the upheavals of history have established in Europe
had to be protected and respected as a contribution to peace and stability. In particular, the
Heads of State and Government decided to enter into legal commitments regarding the
protection of national minorities. Appendix II of the Vienna Declaration instructed the
Committee of Ministers:
–
to draft with minimum delay a framework convention specifying the principles
which contracting States commit themselves to respect, in order to assure the protection
of national minorities. This instrument would also be open for signature by non-member
States;
–
to begin work on drafting a protocol complementing the European Convention
on Human Rights in the cultural field by provisions guaranteeing individual rights, in
particular for persons belonging to national minorities.
6.
On 4 November 1993, the Committee of Ministers established an ad hoc Committee for
the Protection of National Minorities (CAHMIN). Its terms of reference reflected the decisions
taken in Vienna. The committee, made up of experts from the Council of Europe’s member
States, started work in late January 1994, with the participation of representatives of the CDDH,
the Council for Cultural Co-operation (CDCC), the Steering Committee on the Mass Media
(CDMM) and the European Commission for Democracy through Law. The High Commissioner
on National Minorities of the CSCE and the Commission of the European Communities also
took part, as observers.
7.
On 15 April 1994, CAHMIN submitted an interim report to the Committee of Ministers,
which was then communicated to the Parliamentary Assembly (Doc. 7109). At its 94th session
in May 1994, the Committee of Ministers expressed satisfaction with the progress achieved
under the terms of reference flowing from the Vienna Declaration.
8.
A certain number of provisions of the framework Convention requiring political
arbitration as well as those concerning the monitoring of the implementation were drafted by the
Committee of Ministers (517bis meeting of Ministers’ Deputies, 7 October 1994).
9.
At its meeting from 10 to 14 October 1994, CAHMIN decided to submit the draft
framework Convention to the Committee of Ministers, which adopted the text at the 95th
Ministerial Session on 10 November 1994. The framework Convention was opened for
signature by the Council of Europe’s member States on 1 February 1995.