1. Why is it called a “Framework” Convention?
2. Which countries have ratified the Framework Convention?
3. What commitments do states undertake when they ratify the FCNM?
4. Who is responsible for monitoring of the Framework Convention?
5. Which linguistic freedoms does the Framework Convention include?
6. Who is responsible for monitoring of the Framework Convention?
7. What is the Advisory Committee?
8. How is states’ compliance with the Framework Convention monitored?
9. What have the FCNM and its monitoring mechanism achieved?
1. Why is it called a “Framework” Convention?
Whilst the Convention is a legally binding instrument under international law, the word “Framework” highlights the scope for member states to translate the Convention’s provisions to their specific country situation through national legislation and appropriate governmental policies.
2. Which countries have ratified the Framework Convention?
The Framework Convention has been ratified by 39 states: Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Georgia, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Ukraine and the United Kingdom. Belgium, Greece, Iceland and Luxembourg have signed it, but not ratified it. Andorra, France, Monaco and Turkey have neither signed neither ratified it.
3. What commitments do states undertake when they ratify the FCNM?
The Framework Convention sets out principles to be respected as well as goals to be achieved by the states, in order to ensure the protection of national minorities. Parties to the Framework Convention undertake to promote full and effective equality of persons belonging to minorities in all areas of economic, social, political, public and cultural life together with conditions that will allow them to express, preserve and develop their culture, religion, language and traditions. They have to ensure their freedom of assembly, association, expression, thought, conscience, religion and their access to and use of media. The Convention also provides guidelines for their linguistic freedoms and rights regarding education.
4. Who is responsible for monitoring of the Framework Convention?
The Committee of Ministers of the Council of Europe and the Advisory Committee are both involved in the monitoring of the Framework Convention.
5. Which linguistic freedoms does the Framework Convention include?
The provisions of the Framework Convention cover the use of the minority language in private and in public as well as its use before administrative authorities. It also includes the use of one’s own name, display of information of a private nature and topographical names in the minority language.
6. Who is responsible for monitoring of the Framework Convention?
The Committee of Ministers of the Council of Europe and the Advisory Committee are both involved in the monitoring of the Framework Convention.
7. What is the Advisory Committee?
The Advisory Committee, set up in 1998, has a key role in monitoring the implementation of the Framework Convention by states. Its task is to ensure that the standards of the Convention are applied by all the concerned countries, various fields of interest for persons belonging to national minorities. It is composed of 18 independent experts appointed by the Committee of Ministers.
8. How is states’ compliance with the Framework Convention monitored?
The evaluation of the implementation of the Framework Convention by the parties is carried out by the Committee of Ministers, assisted by the Advisory Committee. States are required to submit a report containing full information on legislative and other measures taken to comply with the principles of the Framework Convention within one year of the entry into force. Further reports have to be made on a periodical basis and whenever the Committee of Ministers requests so. If the states fail to present their reports, the Committee of Ministers can authorise the Advisory Committee to start the monitoring process nevertheless. The Advisory Committee examines state reports and sometimes carries out country visits in order to have a constructive dialogue with both, authorities and civil society. This results in Advisory Committee’s Opinions on the measures taken by each reporting state to give effect to the principles set out in the FCNM. Having received the Opinion of the Advisory Committee and the comment from the respective state, the Committee of Ministers adopts Resolutions and, where appropriate, recommendations in respect of the state concerned. The implementation of recommendations is promoted through follow-up activities in the states.
9. What have the FCNM and its monitoring mechanism achieved?
The monitoring mechanism of the FCNM has often contributed to improve dialogue between governmental agencies and national minorities. It has also prompted the adoption of new laws devoted to the protection of national minorities and encouraged sates to improve their non-discrimination legislation and practice.
The Advisory Committee has become a recognised and highly respected expert in the international sphere of minority protection. The Advisory Committee’s Opinions have emerged as a central reference in the work of other international bodies, such as the OSCE High Commissioner on National Minorities and the European Commission.
