has drafted thematic commentaries on education and on participation in economic, social and
cultural life by minorities that give helpful discussions on good practice in the application of
FCNM standards.
European Charter on Regional and
Minority Languages:
The European Charter on Regional and Minority
Languages in designed to protect and promote
the minority languages which are a threatened
part of Europe’s cultural heritage and to enable
speakers of those languages to use them in
public and in private. The Charter came into
force in 1998 and currently has 23 States parties.
The Charter includes protection for languages
which are “traditionally used within a given territory of a State by nationals of that State who
form a group numerically smaller than the rest
of the State’s population; and different from the
official language(s) of that State” (article 1 (a)). It
excludes languages that are dialects of the official languages of the State and the languages of
recent immigrants.
In addition to the principles, Part 3 of the Charter
contains 68 specific measures on the promotion
of regional and minority languages in public life.
States must select at least 35 measures to apply
to each regional language. This gives States the
flexibility to take different measures depending
on the situation of each language. States are
encouraged to increase the number of measures they take as their legal situation changes
or financial resources increase. The specific measures relate to the following areas: education,
judicial authorities, administrative authorities
and public services, media, cultural activities and
facilities, economic and social life and trans-frontier exchanges.
A committee of independent experts monitors State implementation of the Charter. States
submit reports to the Committee of Experts,
which considers them, visits the States and
prepares its evaluation including proposals for
recommendations. The report is submitted to
the Committee of Ministers, which takes the final
decision on whether to make the report public
and on what recommendations to make to the
State. Minority CSOs report that the recommendations made by the Committee of Experts are
good. However, there is a lack of knowledge
and awareness of the Charter at the national
level that impedes implementation of these
recommendations.
European Commission against Racism and
Intolerance (ECRI)
ECRI is a statutory body of the Council of Europe
providing independent monitoring and evaluation of state practice in the area of combating
racism, xenophobia, anti-Semitism and intolerance. It prepares regular country reports on all CoE
member States in a 4-5 year cycle. Significantly, the
independent experts of ECRI undertake country
visits in preparation for the final report, giving
a wider scope for engagement with minorities
locally. ECRI also adopted several General Policy
Recommendations focusing on broad themes
and specific communities, including General
Policy Recommendation No. 3: Combating
racism and intolerance against Roma/Gypsies
in 1998 and General Policy Recommendation
No. 5 Combating intolerance and discrimination
against Muslims in 2000.
12.5.3 European Union (EU)
The EU has different minority protection
requirements for existing member States and
for States wishing to join the EU. In 1993, the EU
established a set of criteria that accession States
must meet in order to join – the ‘Copenhagen
criteria’. These criteria include “respect for and
protection of minorities”. In addition, since 1997,
for States in the Western Balkans there is another
set of membership requirements that include
the State’s “credible commitment to democratic
reforms and progress in compliance with the
generally recognized standards of human and
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