Conference “Minorities in a Seamless Europe. The Role of Transfrontier Co-operation in Maintaining Ethno-cultural Diversity”

Budapest 15 September 2009 

Speech by Ludmila Sfirloaga, President of the Chamber of Regions of the Congress of the Council of Europe

I would like to thank the Prime Minister, Mr Bajnai, and all the organisers for having invited the Congress of Local and Regional Authorities of the Council of Europe to this important event. I am pleased to represent the Congress here today.

Minorities, transfrontier co-operation and territorial self‑government are of major concern to the Congress. We have always claimed that the principle of subsidiarity can contribute positively to solving the problem of protecting national minorities and that local and regional self-government is a means of protecting the many minorities present in Europe.  The Congress has always fought for the recognition of the legitimacy of territories inhabited by minorities, for the adoption of specific provisions governing these territories and for the recognition of the right for local and regional authorities to join together with other authorities that share the same characteristics.

But the Congress has always also encouraged transfrontier co‑operation as a means of protecting minority groups that are separated by borders. History has sometimes divided populations that share the same language and the same culture, but transfrontier co-operation can attenuate these geo-political divisions by finding, beyond the borders: common solutions to common needs, by implementing administrative support for populations that have the same origin and culture and by creating common structures for them.

All this is clearly acknowledged in the Council of Europe’s treaties and, above all, in those elaborated at the initiative of the Congress. (The same article 14 of the European Convention on Human Rights prohibits discrimination, in particular on the grounds such as language or the fact of belonging to a national minority).

The Framework Convention for the Protection of National Minorities implies and supports international and transborder co-operation. It considers 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” - of course without prejudice to the constitution and territorial integrity of each State.  The same Convention underlines that the protection of national minorities (and of the rights and freedoms of persons belonging to these minorities) form an integral part of the international protection of human rights. Minority protection as such falls, then, within the scope of international co-operation. 

The European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities encourages and facilitates the conclusion of cross-border agreements between local and regional authorities. Such agreements may cover regional development, environmental protection, the improvement of public services and may include the setting up of transfrontier associations or consortia of territorial authorities. This Convention sets out a range of model agreements enabling both local and regional authorities, as well as States, to place transfrontier co-operation in the context best suited to their needs. Under the Convention, Signatory Parties also undertake to seek ways of eliminating obstacles to transfrontier co-operation and of granting, to authorities engaging in international co-operation, the facilities they would enjoy in a purely national context. The Convention’s Protocols aim to strengthen the Convention by expressly recognising, under certain conditions, the right of territorial communities to conclude transfrontier co-operation agreements, the validity in domestic law of the acts and decisions made in the framework of a transfrontier co-operation agreement, and the “legal personality" of any co-operation body set up under these agreements.

The Convention can definitely help governments to protect their national minorities through transborder cooperation. 

Last and most important for the Congress, who was at the origin of the text, The European Charter for Regional or Minority Languages confirms the Council's commitment to protecting and promoting Europe's cultural heritage, in which the diversity and wealth of its languages play a fundamental role, and encourages transborder co-operation. The Contracting parties of the Charter have undertaken to apply multi-lateral agreements which bind the States in which the same language is used. States are also required to seek to conclude such agreements, in order to foster contacts between the users of the same language in the fields of culture, education, information, vocational training and permanent education. The signatory member states also undertook to facilitate and promote co-operation across borders, in particular between regional or local authorities, in whose territory the same language is used.

The initiative for drafting this Charter was taken by the Congress in 1984. The Charter was opened for signature in 1992 and entered into force in 1998 after five ratifications, at which point the implementing and monitoring system started to operate. As part of the ratification procedure, treaty parties select undertakings listed in the menu system which best fit the actual situation of the language group concerned. On the basis of the reports issued, the Committee of Experts and the Committee of Ministers of the Council of Europe drafted recommendations addressed to national governments.

The most important Charter’s obligation is the provision of appropriate forms and means for the teaching and study of regional or minority languages at all appropriate stages. Since the beginning, the Congress felt that education was of paramount importance for the safeguard minority languages. But the Congress felt important to progress towards a European space where regional or minority language education is systematically provided in a coherent manner.

For this reason, in 2006 decided to analyse the national reports (as well as the reports of the Committee of Experts) in order to formulate common goals and minimum standards for the teaching and learning of regional or minority languages (in terms of article 8 –Education- of the Charter). The menu system of the Charter contains undertakings related to pre-school provisions, primary school, secondary education, vocational training, higher and adult education, teacher training and inspectorate. In order to support the implementation of the Charter, the Congress decided to provide a description of conditions and provisions required to establish minimum standards for the teaching of minority language.

Hence, in 2007 the Congress adopted a specific Recommendation on Language education in regional or minority languages. Through the recommendation the Congress introduced detailed descriptions of the educational models for regional or minority languages, for making more concrete the implementation of the Charter and consolidate and develop regional or minority language teaching.

It has taken quite some time to establish a legal framework capable of ensuring the protection of minorities on our continent. Today, even if not all countries have signed and ratified them, the main treaties that protect minorities and support transfrontier co-operation are considered basic texts of the Council of Europe.

The Congress, who was at the origin of the majority of the above mentioned Conventions, constantly tries to encourage their implementation. But additional efforts are still needed:

First of all, the Council of Europe's legal instruments should be signed and ratified by all its member states.

Secondly, it would be important to conclude binding bi-lateral inter-State agreements, between the countries concerned by minority issues, so as to put transborder co-operation on a stable basis and allow its development in the future.

Thirdly, national Governments should, beyond Conventions, engage themselves in a more direct effort for the conclusion of agreements and authorise the creation of commissions, euro-regions and other structures of transborder co-operation.  This will allow local and regional government to co-operate effectively beyond the borders.

Finally, there should be negotiations, between the countries concerned, to abolish visa requirements that seriously hamper trans-border co‑operation - above all in areas where the same populations live on both sides of a border -.

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Minorities and trans-border co-operation were difficult issues at the beginning of the Council of Europe’s mandate. Everywhere in Europe, the protection of linguistic and cultural diversity and the recognition of minorities has been (and still is in certain member countries), problematic. They have often been considered as a threat to national unity; sometimes without any reason. Many countries were jealous of their sovereignty and national integrity and feared that trans-border co-operation could lead to a situation where borders would be moved again. But slowly, the necessity of authorizing decentralised organs of local and regional government to co-operate across the borders became more and more obvious. The purpose of uniting our countries more closely - as it is foreseen in the first article of the Council of Europe statute - became real.

But let me say that to-day, in Europe, millions of people live in countries where their specific ethnic or language group does not constitute the majority. In a Europe of 800 Million people, we are - all of us – minorities: there is not one single group that can be considered as the majority. The acceptance of diversity as an asset for European integration (and not as an obstacle to it) is essential for the Europe we want to build.

It is clear that an open policy towards minorities and the implementation of trans-border co-operation initiatives are probably the best ways of fighting the “minority fear”.

Thank you for your attention