The member States of the Council of Europe and the other States,
signatories to the present framework Convention,
Considering that the aim of the Council of Europe is to achieve
greater unity between its members for the purpose of safeguarding
and realising the ideals and principles which are their common
heritage;
Considering that one of the methods by which that aim is to be
pursued is the maintenance and further realisation of human rights
and fundamental freedoms;
Wishing to follow-up the Declaration of the Heads of State and
Government of the member States of the Council of Europe adopted
in Vienna on 9 October 1993;
Being resolved to protect within their respective territories
the existence of national minorities;
Considering that the upheavals of European history have shown
that the protection of national minorities is essential to stability,
democratic security and peace in this continent;
Considering that a pluralist and genuinely democratic society
should not only respect the ethnic, cultural, linguistic and religious
identity of each person belonging to a national minority, but
also create appropriate conditions enabling them to express, preserve
and develop this identity;
Considering that the creation of a climate of tolerance and dialogue
is necessary to enable cultural diversity to be a source and a
factor, not of division, but of enrichment for each society;
Considering that the realisation of a tolerant and prosperous
Europe does not depend solely on co-operation between States but
also requires transfrontier co-operation between local and regional
authorities without prejudice to the constitution and territorial
integrity of each State;
Having regard to the Convention for the Protection of Human Rights
and Fundamental Freedoms and the Protocols thereto;
Having regard to the commitments concerning the protection of
national minorities in United Nations conventions and declarations
and in the documents of the Conference on Security and Co-operation
in Europe, particularly the Copenhagen Document of 29 June 1990;
Being resolved to define the principles to be respected and the
obligations which flow from them, in order to ensure, in the member
States and such other States as may become Parties to the present
instrument, the effective protection of national minorities and
of the rights and freedoms of persons belonging to those minorities,
within the rule of law, respecting the territorial integrity and
national sovereignty of states;
Being determined to implement the principles set out in this framework
Convention through national legislation and appropriate governmental
policies,
Have agreed as follows:
Section I
Article 1
The protection of national minorities and of the rights and freedoms
of persons belonging to those minorities forms an integral part
of the international protection of human rights, and as such falls
within the scope of international co-operation.
Article 2
The provisions of this framework Convention shall be applied in
good faith, in a spirit of understanding and tolerance and in
conformity with the principles of good neighbourliness, friendly
relations and co-operation between States.
Article 3
1 Every person belonging to a national minority shall have the
right freely to choose to be treated or not to be treated as such
and no disadvantage shall result from this choice or from the
exercise of the rights which are connected to that choice.
2 Persons belonging to national minorities may exercise the rights
and enjoy the freedoms flowing from the principles enshrined in
the present framework Convention individually as well as in community
with others.
Section II
Article 4
1 The Parties undertake to guarantee to persons belonging to national
minorities the right of equality before the law and of equal protection
of the law. In this respect, any discrimination based on belonging
to a national minority shall be prohibited.
2 The Parties undertake to adopt, where necessary, adequate measures
in order to promote, in all areas of economic, social, political
and cultural life, full and effective equality between persons
belonging to a national minority and those belonging to the majority.
In this respect, they shall take due account of the specific conditions
of the persons belonging to national minorities.
3 The measures adopted in accordance with paragraph 2 shall not
be considered to be an act of discrimination.
Article 5
1 The Parties undertake to promote the conditions necessary for
persons belonging to national minorities to maintain and develop
their culture, and to preserve the essential elements of their
identity, namely their religion, language, traditions and cultural
heritage.
2 Without prejudice to measures taken in pursuance of their general
integration policy, the Parties shall refrain from policies or
practices aimed at assimilation of persons belonging to national
minorities against their will and shall protect these persons
from any action aimed at such assimilation.
Article 6
1 The Parties shall encourage a spirit of tolerance and intercultural
dialogue and take effective measures to promote mutual respect
and understanding and co-operation among all persons living on
their territory, irrespective of those persons' ethnic, cultural,
linguistic or religious identity, in particular in the fields
of education, culture and the media.
2 The Parties undertake to take appropriate measures to protect
persons who may be subject to threats or acts of discrimination,
hostility or violence as a result of their ethnic, cultural, linguistic
or religious identity.
Article 7
The Parties shall ensure respect for the right of every person
belonging to a national minority to freedom of peaceful assembly,
freedom of association, freedom of expression, and freedom of
thought, conscience and religion.
Article 8
The Parties undertake to recognise that every person belonging
to a national minority has the right to manifest his or her religion
or belief and to establish religious institutions, organisations
and associations.
Article 9
1 The Parties undertake to recognise that the right to freedom
of expression of every person belonging to a national minority
includes freedom to hold opinions and to receive and impart information
and ideas in the minority language, without interference by public
authorities and regardless of frontiers. The Parties shall ensure,
within the framework of their legal systems, that persons belonging
to a national minority are not discriminated against in their
access to the media.
2 Paragraph 1 shall not prevent Parties from requiring the licensing,
without discrimination and based on objective criteria, of sound
radio and television broadcasting, or cinema enterprises.
3 The Parties shall not hinder the creation and the use of printed
media by persons belonging to national minorities. In the legal
framework of sound radio and television broadcasting, they shall
ensure, as far as possible, and taking into account the provisions
of paragraph 1, that persons belonging to national minorities
are granted the possibility of creating and using their own media.
4 In the framework of their legal systems, the Parties shall adopt
adequate measures in order to facilitate access to the media for
persons belonging to national minorities and in order to promote
tolerance and permit cultural pluralism.
Article 10
1 The Parties undertake to recognise that every person belonging
to a national minority has the right to use freely and without
interference his or her minority language, in private and in public,
orally and in writing.
2 In areas inhabited by persons belonging to national minorities
traditionally or in substantial numbers, if those persons so request
and where such a request corresponds to a real need, the Parties
shall endeavour to ensure, as far as possible, the conditions
which would make it possible to use the minority language in relations
between those persons and the administrative authorities.
3 The Parties undertake to guarantee the right of every person
belonging to a national minority to be informed promptly, in a
language which he or she understands, of the reasons for his or
her arrest, and of the nature and cause of any accusation against
him or her, and to defend himself or herself in this language,
if necessary with the free assistance of an interpreter.
Article 11
1 The Parties undertake to recognise that every person belonging
to a national minority has the right to use his or her surname
(patronym) and first names in the minority language and the right
to official recognition of them, according to modalities provided
for in their legal system.
2 The Parties undertake to recognise that every person belonging
to a national minority has the right to display in his or her
minority language signs, inscriptions and other information of
a private nature visible to the public.
3 In areas traditionally inhabited by substantial numbers of persons
belonging to a national minority, the Parties shall endeavour,
in the framework of their legal system, including, where appropriate,
agreements with other States, and taking into account their specific
conditions, to display traditional local names, street names and
other topographical indications intended for the public also in
the minority language when there is a sufficient demand for such
indications.
Article 12
1 The Parties shall, where appropriate, take measures in the fields
of education and research to foster knowledge of the culture,
history, language and religion of their national minorities and
of the majority.
2 In this context the Parties shall inter alia provide adequate
opportunities for teacher training and access to textbooks, and
facilitate contacts among students and teachers of different communities.
3 The Parties undertake to promote equal opportunities for access
to education at all levels for persons belonging to national minorities.
Article 13
1 Within the framework of their education systems, the Parties
shall recognise that persons belonging to a national minority
have the right to set up and to manage their own private educational
and training establishments.
2 The exercise of this right shall not entail any financial obligation
for the Parties.
Article 14
1 The Parties undertake to recognise that every person belonging
to a national minority has the right to learn his or her minority
language.
2 In areas inhabited by persons belonging to national minorities
traditionally or in substantial numbers, if there is sufficient
demand, the Parties shall endeavour to ensure, as far as possible
and within the framework of their education systems, that persons
belonging to those minorities have adequate opportunities for
being taught the minority language or for receiving instruction
in this language.
3 Paragraph 2 of this article shall be implemented without prejudice
to the learning of the official language or the teaching in this
language.
Article 15
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.
Article 16
The Parties shall refrain from measures which alter the proportions
of the population in areas inhabited by persons belonging to national
minorities and are aimed at restricting the rights and freedoms
flowing from the principles enshrined in the present framework
Convention.
Article 17
1 The Parties undertake not to interfere with the right of persons
belonging to national minorities to establish and maintain free
and peaceful contacts across frontiers with persons lawfully staying
in other States, in particular those with whom they share an ethnic,
cultural, linguistic or religious identity, or a common cultural
heritage.
2 The Parties undertake not to interfere with the right of persons
belonging to national minorities to participate in the activities
of non-governmental organisations, both at the national and international
levels.
Article 18
1 The Parties shall endeavour to conclude, where necessary, bilateral
and multilateral agreements with other States, in particular neighbouring
States, in order to ensure the protection of persons belonging
to the national minorities concerned.
2 Where relevant, the Parties shall take measures to encourage
transfrontier co-operation.
Article 19
The Parties undertake to respect and implement the principles
enshrined in the present framework Convention making, where necessary,
only those limitations, restrictions or derogations which are
provided for in international legal instruments. in particular
the Convention for the Protection of Human Rights and Fundamental
Freedoms, in so far as they are relevant to the rights and freedoms
flowing from the said principles.
Section III
Article 20
In the exercise of the rights and freedoms flowing from the principles
enshrined in the present framework Convention, any person belonging
to a national minority shall respect the national legislation
and the rights of others, in particular those of persons belonging
to the majority or to other national minorities.
Article 21
Nothing in the present framework Convention shall be interpreted
as implying any right to engage in any activity or perform any
act contrary to the fundamental principles of international law
and in particular of the sovereign equality, territorial integrity
and political independence of States.
Article 22
Nothing in the present framework Convention s hall be construed
as limiting or derogating from any of the human rights and fundamental
freedoms which may be ensured under the laws of any Contracting
Party or under any other agreement to which it is a Party.
Article 23
The rights and freedoms flowing from the principles enshrined
in the present framework Convention, in so far as they are the
subject of a corresponding provision in the Convention for the
Protection of Human Rights and Fundamental Freedoms or in the
Protocols thereto, shall be understood so as to conform to the
latter provisions.
Section IV
Article 24
1 The Committee of Ministers of the Council of Europe shall monitor
the implementation of this framework Convention by the Contracting
Parties.
2 The Parties which are not members of the Council of Europe shall
participate in the implementation mechanism, according to modalities
to be determined.
Article 25
1 Within a period of one year following the entry into force of
this framework Convention in respect of a Contracting Party, the
latter shall transmit to the Secretary General of the Council
of Europe full information on the legislative and other measures
taken to give effect to the principles set out in this framework
Convention.
2 Thereafter, each Party shall transmit to the Secretary General
on a periodical basis and whenever the Committee of Ministers
so requests any further information of relevance to the implementation
of this framework Convention.
3 The Secretary General shall forward to the Committee of Ministers
the information transmitted under the terms of this Article.
Article 26
1 In evaluating the adequacy of the measures taken by the Parties
to give effect to the principles set out in this framework Convention
the Committee of Ministers shall be assisted by an advisory committee,
the members of which shall have recognised expertise in the field
of the protection of national minorities.
2 The composition of this advisory committee and its procedure
shall be determined by the Committee of Ministers within a period
of one year following the entry into force of this framework Convention.
Section V
Article 27
This framework Convention shall be open for signature by the member
States of the Council of Europe. Up until the date when the Convention
enters into force, it shall also be open for signature by any
other State so invited by the Committee of Ministers. It is subject
to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General
of the Council of Europe.
Article 28
1 This framework Convention shall enter into force on the first
day of the month following the expiration of a period of three
months after the date on which twelve member States of the Council
of Europe have expressed their consent to be bound by the Convention
in accordance with the provisions of Article 27.
2 In respect of any member State which subsequently expresses
its consent to be bound by it, the framework Convention shall
enter into force on the first day of the month following the expiration
of a period of three months after the date of the deposit of the
instrument of ratification, acceptance or approval.
Article 29
1 After the entry into force of this framework Convention and
after consulting the Contracting States, the Committee of Ministers
of the Council of Europe may invite to accede to the Convention,
by a decision taken by the majority provided for in Article 20.d
of the Statute of the Council of Europe, any non-member State
of the Council of Europe which, invited to sign in accordance
with the provisions of Article 27, has not yet done so, and any
other non-member State.
2 In respect of any acceding State, the framework Convention shall
enter into force on the first day of the month following the expiration
of a period of three months after the date of the deposit of the
instrument of accession with the Secretary General of the Council
of Europe.
Article 30
1 Any State may at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession,
specify the territory or territories for whose international relations
it is responsible to which this framework Convention shall apply.
2 Any State may at any later date, by a declaration addressed
to the Secretary General of the Council of Europe, extend the
application of this framework Convention to any other territory
specified in the declaration. In respect of such territory the
framework Convention shall enter into force on the first day of
the month following the expiration of a period of three months
after the date of receipt of such declaration by the Secretary
General.
3 Any declaration made under the two preceding paragraphs may,
in respect of any territory specified in such declaration, be
withdrawn by a notification addressed to the Secretary General.
The withdrawal shall become effective on the first day of the
month following the expiration of a period of three months after
the date of receipt of such notification by the Secretary General.
Article 31
1 Any Party may at any time denounce this framework Convention
by means of a notification addressed to the Secretary General
of the Council of Europe.
2 Such denunciation shall become effective on the first day of
the month following the expiration of a period of six months after
the date of receipt of the notification by the Secretary General.
Article 32
The Secretary General of the Council of Europe shall notify the
member States of the Council, other signatory States and any State
which has acceded to this framework Convention, of:
a any signature;
b the deposit of any instrument of ratification, acceptance, approval
or accession;
c any date of entry into force of this framework Convention in
accordance with Articles 28, 29 and 30;
d any other act, notification or communication relating to this
framework Convention.
In witness whereof the undersigned, being duly authorised thereto,
have signed this framework Convention.
Done at Strasbourg, this 1st day of February 1995, in English
and French, both texts being equally authentic, in a single copy
which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe
and to any State invited to sign or accede to this framework Convention.