October 2003
Language Charter requires that States Parties “base their policies, legislation
and practice” on, inter alia, “the need for resolute action to promote regional
and minority languages in order to safeguard them,” and “the facilitation and/or
encouragement of the use of regional or minority languages, in speech […] in
public and private life”. In Article 7(3), the Parties undertake to encourage the
mass media to promote “mutual understanding between all the linguistic
groups of the country”. The Convention on the Rights of the Child, in Article
17(d), stipulates that “States Parties shall encourage the mass media to have
particular regard to the linguistic needs of the child who belongs to a minority
group or who is indigenous”.
OSCE participating States have undertaken to create conditions for persons
belonging to national minorities to have equal opportunity to be effectively
involved in the public life, economic activities, and building of their societies
(Chapter IV of the Geneva Document). Article 15 of the Framework
Convention states that “The Parties shall create the conditions necessary for the
effective participation of persons belonging to national minorities in cultural,
social and economic life and in public affairs, in particular those affecting
them”. In paragraph 33 of the Copenhagen Document, OSCE participating
States have undertaken when adopting measures to, inter alia, protect the
linguistic identity of national minorities, and to conduct “due consultations,
including contacts with organizations or associations of such minorities, in
accordance with the decision-making procedures of each State”. In Chapter III
of the Geneva Document, OSCE participating States have recognized that
appropriate democratic participation of persons belonging to national
minorities or their representatives in decision-making or consultative bodies
constitutes an important element of effective participation in public affairs.
Article 11(3) of the European Language Charter requires Parties to ensure that
the interests of minority language users are represented or taken into account
specifically within broadcast media regulatory bodies.
6)
The need for independent regulatory bodies derives from the principles of
democracy and good governance and from international best practices. The
Council of Europe’s Committee of Ministers Recommendation No. R (99) 1 to
Member States on Measures to Promote Media Pluralism notes that “national
bodies responsible for awarding licences to private broadcasters should pay
attention to pluralism in the discharge of their mission” (Appendix, item I,
Regulation of ownership: broadcasting and the press). More specifically, the
1998 Oslo Recommendations regarding the Linguistic Rights of National
Minorities states in Recommendation 10 that public media bodies “overseeing
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