Ministers' Deputies / Rapporteur Groups
GR-H
Rapporteur Group on Human Rights

GR-H(2006)20 22 November 20061
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Framework Convention for the Protection of National Minorities
Draft resolution on the implementation of the Convention by Malta

Item to be considered by the GR-H at its meeting on 14 December 2006

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Resolution ResCMN(2006)…
on the implementation of the Framework Convention for the Protection of National Minorities
by Malta

(Adopted by the Committee of Ministers on …
at the …. meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”);

Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution (97) 10;2

Having regard to the instrument of ratification submitted by Malta on 10 February 1998;

Recalling that the Government of Malta transmitted its state report in respect of the second monitoring cycle under the Framework Convention on 1 December 2004;

Having examined the Advisory Committee’s second opinion on Malta, adopted on

22 November 2005, and the written comments of the Government of Malta, received on 25 April 2006;

Having also taken note of comments by other governments,

1. Adopts the following conclusions in respect of Malta:

a) Positive developments

Malta has taken steps to address the findings of the first Opinion of the Advisory Committee, adopted in November 2000, and the Committee of Ministers’ Resolution, adopted in November 2001.

The authorities have adopted a positive approach in their dialogue with the Advisory Committee.
Malta’s legal framework for combating discrimination has expanded since the first monitoring cycle.

b) Issues of concern

Malta’s legislative and institutional framework for combating discrimination remains incomplete.

While discrimination does not appear to be widespread, isolated incidents of discrimination on ethnic grounds have been reported.

Although efforts are being made to promote a spirit of tolerance and intercultural dialogue among all persons living in Malta, there is still scope for improvement in this area.

2. Adopts the following recommendations in respect of Malta:

In addition to the measures to be taken to implement the detailed recommendations contained in chapters I and II of the Advisory Committee's Opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

- Pursue further efforts to expand and consolidate Malta’s legal and institutional framework for combating discrimination.

- Take further measures to raise awareness about the importance of tolerance and intercultural dialogue.

- Provide increased support for measures promoting social integration.

3. Invites the Government of Malta, in accordance with Resolution (97)10:

    a. to continue the dialogue in progress with the Advisory Committee

    b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting parties casting a vote, including a majority of the representatives of the Contracting parties entitled to sit on the Committee of Ministers, vote in favour”.


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