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

GR-H(2008)11 rev 20 May 20081
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Framework Convention for the Protection of National Minorities –
Memorandum on the preparation of an outline for the state reports to be submitted under the third monitoring cycle, in conformity with Article 25 of the Framework Convention for the Protection of National Minorities

Item considered by the GR-H at its meeting on 29 April 2008

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Rule 21 of Resolution (97) 10 of the Committee of Ministers sets the periodical basis for transmission of state reports on the implementation of the Framework Convention at five years, calculated from the date on which the previous report was due. The State Parties to the Framework Convention in which the Convention entered into force on 1 February 1998 will have to submit a new state report before 1 February 2009. This date therefore sets the beginning of the third monitoring cycle under the Framework Convention for a number of States Parties.

In view of the above and on the basis of Rule 41 of the Rules of Procedure of the Advisory Committee, by virtue of which the latter may “suggest to the Committee of Ministers an outline for subsequent state reports to be submitted under Article 25, paragraph 3, of the Framework Convention”, a draft outline for state reports under the third monitoring cycle was prepared and approved by the Advisory Committee at its 31st plenary meeting on 28 February 2008.

The Advisory Committee proposes an Outline (appended hereto) comprising three main parts:

The first part deals with the practical arrangements made by States Parties to continue implementing the Framework Convention, to increase the involvement of civil society in the process and to pursue the dialogue with the Advisory Committee.

The second part requests information on specific progress in implementing the recommendations included in the Committee of Ministers’ Resolution. It should also comprise an article-by-article description of legislative and other measures taken, as well as policies designed to address problems and needs identified in earlier cycles of monitoring. Particular attention should be paid to reflecting on the effects of policies, long-term strategies and processes launched to implement the Framework Convention, as well as on the impact of involving the civil society and other stakeholders in these processes.

The third part invites States Parties, where appropriate, to answer a number of specific questions which may arise from specific national circumstances.

Outline for the state reports to be submitted under the third monitoring cycle
of the Framework Convention for the Protection of National Minorities

1. Under Article 25 paragraph 2 of the Framework Convention the Parties must each transmit to the Committee of Ministers, on a periodical basis and whenever the Committee of Ministers so requests, any information of relevance to the implementation of the Framework Convention.

2. Similarly, under Rule 21 of Resolution (97) 10, the periodical basis for transmission of state reports on the implementation of the Framework Convention is set at five years, calculated from the date on which the previous state report was due.

3. Following two cycles of monitoring, it is important to take stock of the progress made by States Parties in the implementation of the Framework Convention and its impact on the situation of national minorities. The preparation of the third state report thus provides an opportunity to reflect on the outcomes - both positive and negative - of policies and strategies implemented during previous monitoring cycles. States Parties should also analyse the impact of other long-term processes. In doing so, they are encouraged to draw upon the thematic commentaries adopted by the Advisory Committee, including those on education and participation. In this context, the involvement of civil society and national minorities’ representatives in these processes should also be taken into account.

4. The state report under the third cycle of monitoring should contain all the relevant information on the implementation of the Framework Convention since the preparation of the second state report. Supporting evidence may be provided as an appendix. Particular emphasis should be put on the practice and the impact of the legislative and other measures taken in those fields which are relevant to the situation of persons belonging to national minorities.

5. Minority representatives, and where appropriate other stakeholders, should be effectively consulted in the preparation of the state report, to ensure that the information provided is as comprehensive as possible and adequately reflects the perspective of national minorities.

6. The report should follow the outline set out below and be submitted in one of the official languages of the Council of Europe, as well as in the original language. In order to avoid unnecessary repetition, the text of the report may refer to the information contained in previous state reports where appropriate.

7. It is essential that the report provide updated, reliable and relevant statistical data on national minorities, set out if possible and where appropriate by age, sex and geographical distribution. Furthermore, to facilitate the evaluation by the Advisory Committee, States Parties should supply copies or extracts of all relevant legal instruments, draft legislations and jurisprudence mentioned in the state report. These copies/extracts should be supplied in the original language and, wherever possible, also in one of the official languages of the Council of Europe.

8. Should they have any questions, the authorities responsible for producing the state report are invited to contact the Secretariat of the Framework Convention for the Protection of National Minorities (Secretariat of the Framework Convention for the Protection of National Minorities, Council of Europe, F-67075 Strasbourg Cedex, France; tel: +33 (0) 3 88 41 20 00; fax: +33 (0)3 90 21 49 18; e-mail: minorities.fcnm@coe.int).

I. Practical arrangements made at the national level for following up the results of the second monitoring cycle

a. Please provide information on the participation of minority organisations and other non-governmental organisations in the authorities’ implementation and monitoring of the Framework Convention, and indicate the impact of their involvement.

b. Please indicate what steps have been taken to publicise the results of the second monitoring cycle (Opinion, State comments, Resolution): publication, dissemination and translation into the official language(s) and the minority language(s) where appropriate;

c. Please provide information on any follow-up activities organised at national, regional and local levels;

d. Please provide information on any other measures taken to promote awareness of the Framework Convention.

II. Measures taken to improve the implementation of the Framework Convention

a. Please provide information and evidence that describe how the specific recommendations included in Part 2 of the Resolution adopted by the Committee of Ministers have been implemented. Indications on other policies and measures considered relevant in this context should also be provided.

b. Please describe, article-by-article, the measures and policies taken to implement the various findings contained in the Advisory Committee Opinion. Information should be provided in a manner which duly reflects interrelations between various provisions of the Framework Convention.

    - Particular attention should be paid to describing those comprehensive policies that aim to address problems and needs of national minorities in various areas.

    - In addition to providing information on new developments related to any of the articles of the Framework Convention, States Parties should describe the effects of policies and processes launched, at the national, regional and local levels, to address needs and problems identified in earlier cycles of monitoring.

    - In doing so, States are encouraged to use, as a guiding tool, the thematic commentaries adopted by the Advisory Committee, including those on education and participation of persons belonging to national minorities.

III. Specific questions

As part of the continuing dialogue with the Advisory Committee, States Parties may be invited to provide answers to specific questions which may arise from specific national circumstances.

Appendix

FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
CONVENTION-CADRE POUR LA PROTECTION DES MINORITES NATIONALES

DUE DATE OF STATE REPORTS 1st, 2nd AND 3rd CYCLES
DATE DE PRESENTATION ATTENDUE DES RAPPORTS ETATIQUES POUR LE 1er, 2e et 3e CYCLES

Updated/Mise à jour: 16.05.2008

MEMBER STATES/
ETATS MEMBRES

1st cycle State Reports
Rapports étatiques du 1er cycle

2nd cycle State Reports
Rapports étatiques du 2e cycle

3rd cycle State Reports
Rapports étatiques du 3e cycle

ALBANIA/ALBANIE

Due 01/01/2001

Due 01/01/2006

Due 01/01/2011

ANDORRA/ANDORRE

     

ARMENIA/ARMENIE

Due 01/11/1999

Due 01/11/2004

Due 01/11/2009

AUSTRIA/AUTRICHE

Due 01/07/1999

Due 01/07/2004

Due 01/07/2009

AZERBAIJAN/AZERBAIDJAN

Due 01/10/2001

Due 01/10/2006

Due 01/10/2011

BELGIUM/BELGIQUE

     

BOSNIA AND HERZEGOVINA/ BOSNIE-HERZEGOVINE

Due 01/06/2001

Due 01/06/2006

Due 01/06/2011

BULGARIA/BULGARIE

Due 01/09/2000

Due 01/09/2005

Due 01/09/2010

CROATIA/CROATIE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

CYPRUS/CHYPRE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

CZECH REPUBLIC/REPUBLIQUE TCHEQUE

Due 01/04/1999

Due 01/04/2004

Due 01/04/2009

DENMARK/DANEMARK

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

ESTONIA/ESTONIE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

FINLAND/FINLANDE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

FRANCE

     

GEORGIA/GEORGIE

Due 01/04/2007

Due 01/04/2012

Due 01/04/2017

GERMANY/ALLEMAGNE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

GREECE/GRECE

     

HUNGARY/HONGRIE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

ICELAND/ISLANDE

     

IRELAND/IRLANDE

Due 01/09/2000

Due 01/09/2005

Due 01/09/2010

ITALY/ITALIE

Due 01/03/1999

Due 01/03/2004

Due 01/03/2009

LATVIA/LETTONIE

Due 01/10/2006

Due 01/10/2011

Due 01/10/2016

LIECHTENSTEIN

Due 01/03/1999

Due 01/03/2004

Due 01/03/2009

LITHUANIA/LITUANIE

Due 01/07/2001

Due 01/07/2006

Due 01/07/2011

LUXEMBOURG

     

MALTA/MALTE

Due 01/06/1999

Due 01/06/2004

Due 01/06/2009

MOLDOVA

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

MONACO

     

MONTENEGRO

Due 06/06/2007

Due 06/06/2012

Due 06/06/2017

NETHERLANDS/PAYS-BAS

Due 01/06/2006

Due 01/06/2011

Due 01/06/2016

NORWAY/NORVEGE

Due 01/07/2000

Due 01/07/2005

Due 01/07/2010

POLAND/POLOGNE

Due 01/04/2002

Due 01/04/2007

Due 01/04/2012

PORTUGAL

Due 01/09/2003

Due 01/09/2008

Due 01/09/2013

ROMANIA/ROUMANIE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

RUSSIAN FEDERATION/FEDERATION DE RUSSIE

Due 01/12/1999

Due 01/12/2004

Due 01/12/2009

SAN MARINO/SAINT-MARIN

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

SERBIA/SERBIE

Due 01/09/2002

Due 01/09/2007

Due 01/09/2012

SLOVAK REPUBLIC/REPUBLIQUE SLOVAQUE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

SLOVENIA/SLOVENIE

Due 01/07/1999

Due 01/07/2004

Due 01/07/2009

SPAIN/ESPAGNE

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

SWEDEN/SUEDE

Due 01/06/2001

Due 01/06/2006

Due 01/06/2011

SWITZERLAND/SUISSE

Due 01/02/2000

Due 01/02/2005

Due 01/02/2010

“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA”/”L’EX-REPUBLIQUE YOUGOSLAVE DE MACEDOINE”

Due 01/02/1999

Due 01/02/2004

Due 01/02/2009

TURKEY/TURQUIE

     

UKRAINE

Due 01/05/1999

Due 01/05/2004

Due 01/05/2009

UNITED KINGDOM/ROYAUME-UNI

Due 01/05/1999

Due 01/05/2004

Due 01/05/2009

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


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