Report of the Special Delegation of Council of Europe Advisers

          Introduction

1. At its meeting in Geneva on 18/19 October 1999, the Stability Pact Working Table I (on Democratisation and Human Rights) endorsed the Council of Europe initiative to launch, in co-operation with the OSCE High Commissioner on National Minorities, a series of consultations in South-East Europe on human rights and minority issues. It was understood that the outcome of the consultation would help in the preparation of the Conference which the Slovenian Government offered to organise on the matter (Portoroz, 16 - 17 March 2000).

2. A Council of Europe Delegation (or its Head) visited several countries in South-East Europe for numerous and intensive talks in the capitals and other places with members of government, parliament, local authorities, the administration, representatives of ethnic groups and communities and minorities, educational and research institutions, civil society, as well as field missions of international organisations (OSCE, EU, UN, etc.).

3. The present report summarises the outcome of the consultations by the Council of Europe Delegation. It contains a description of basic concepts and objectives as well as an action plan for the promotion and, where necessary, the rehabilitation of multi-ethnic society combined with the development of democratic citizenship. It is submitted to the Portoroz Conference on inter-ethnic relations and minorities (16-17 March 2000) as a background document with proposals for the conclusions and the action plan to be adopted by the Conference.

           I. Basic Concepts and General Objectives

1. The population structure of the countries of South-East Europe is characterised by often extremely complex patterns or mosaics of distinct cultural, linguistic, religious and other groups or communities, often referred to as ethnic groups and communities or minorities. Concepts such as "national minorities" which have been used in the past to try to cater for this reality are certainly useful and should as such not be replaced, but it seems necessary to carry the thinking a step further in order to rally in all parts of South-East Europe the consensus which is needed as a basis for a peaceful and prosperous future of the whole region. For one thing, the "nation-state"-terminology is more and more felt to be inadequate and obsolete. There is an awareness that it is now time to recognise that new concepts are necessary for coping with the complex realities, which would go beyond, but include, concepts such as "national minorities". This will also entail taking a fresh look at certain traditional criteria such as territoriality when used as exclusive factor for attributing any minority right.

2. The concept of "multi-ethnic and multi-cultural society" is put forward as an important avenue for overcoming the problems which have resulted from an ñ often ethnocentric - thinking in rigid categories: a heritage of exclusivity, exclusion and compartmentalisation which did not allow for a genuine dialogue between all people, a common forum (both in a political and in a social sense) for the articulation of the different wishes and needs and a common ground for living together. It is now urgent to move forward and re-create the pillars of multi-ethnic and multi-cultural society. This should be done not in an ad hoc manner but through a principled approach on the basis of existing common European standards that are directly relevant and should be applied in each country. While there are differences between countries in the composition patterns of the populations, they all have in common that these patterns are complex and in a way, each of them is confronted by problems and challenges that flow from these realities. The consequences of war, which has mainly been caused by aggressive ethno-nationalism, are still felt region-wide and must be overcome bearing the regional context in mind. Here and there, ethno-nationalistic tendencies still exist, and the Kosovo crisis has shown how important it is to contain and overcome these. All the countries of the South-East Europe are called upon to contribute, each with its own experience and achievements, to this fundamental element of peace, stability and prosperity.

3. The international community should now demonstrate, strongly and unequivocally, its continued adherence to the principles it has stood up for in regard to Bosnia and Herzegovina and Kosovo: rejection of ethnic cleansing and other human rights violations and support for democratic and multi-ethnic society.
   

4. The key objectives of the project are twofold:

- the promotion and, where necessary, rehabilitation of multi-ethnic and multi-cultural society, and

- the development of democratic citizenship.

5. These two objectives have to be seen in conjunction: multi-ethnic and multi-cultural society must be firmly rooted in a common effort to promote democratic values, especially equal citizenship rights and the equal empowerment of all citizens for sharing responsibility for the life of the country as a whole. Genuine democratic society entails ñ contrary to the communist heritage - a strong culture of respect for human rights and the rule of law and the free expression of opinions and pursuit of personal and common objectives by citizens individually and collectively. In a democratic society, protection of ethnic communities and minorities is not regarded as a sectarian pursuit but as a matter of concern for society as a whole:

• where different origins, belongings, identities of people are not perceived negatively but as part of a common heritage of cultural diversity and richness;

• where all are equal members and everyone has the right freely to express, preserve and develop his or her identity;

• which is characterised by a culture of tolerance and inclusion;

• where "ethnicity" is not seen as an exclusive feature of identity but where forced assimilation is not accepted either;

• where "diversity" goes hand in hand with "equality" and where different senses of belonging and collective identity are recognised as a matter of democratic pluralism;

• where solidarity and equal participation by all are highly valued.

6. Genuine ownership of these concepts in the countries of South-East Europe will also be an indispensable and extremely significant achievement from a European perspective, not just in terms of stability but from the point of view of the process of European integration. Their successful implementation will not fail to open up real European perspectives for each country so committed. In fact, the project seeks to advance what may be called a model of society based on European values and principles, as set out in the legal and political standards of the Council of Europe and the OSCE as well as the Copenhagen criteria for the enlargement of the European Union.

7. It should be recalled that these very same principles have guided the international community's involvement in the region in recent years (see, for example, the 1995 Dayton/Paris Agreements on Bosnia and Herzegovina and the 1999 UN Security Council Resolution 1244 on Kosovo).

8. It is essential that the concepts of multi-ethnic society and democratic citizenship are seen as mainstreaming concepts. The dimension of multi-ethnic society and democratic citizenship should become an integral part of decision-making in all policy areas. This will be an important aspect of the activities to be developed in the context of this project.

9. Mainstreaming also means that the project will be relevant to, and support, the objectives of several other projects which are being prepared in the framework of the Stability Pact (in areas such as education, media, Roma issues, return of refugees and internally displaced persons, local authorities, good governance, Ombudsman and national human rights institutions). Good use will have to be made of the opportunities for reaching out to, and synergy with, other projects which are together so important for the overall success of the Stability Pact as a whole.

10. It would be a mistake to believe that these concepts are new or alien to the region. The history of the region shows that it has been possible in the past for all members of society to live together peacefully, and in many cases ethnic communities and minorities have served as a bridge across frontiers. However, attempts in recent years to destroy multi-ethnic society in some countries make it necessary to give a strong impetus to this concept and the above-mentioned values that are attached to it. For the same reason, it will be necessary in some countries that rehabilitation of multi-ethnic society actually takes the form of reconstruction of multi-ethnic society (returns of refugees and internally displaced persons, based on full respect of the human rights of the persons concerned) and repair (where necessary through well conceived reconciliation processes) of the damage done to the concept and values of multi-ethnic society in the hearts and minds of the people. Such rehabilitation and damage reparation are most likely to help and sustain substantial economic, cultural and intellectual developments in ethnically cleansed or otherwise affected areas.

11. Promotion and where necessary rehabilitation of multi-ethnic society and development of democratic citizenship should involve special attention for an often neglected and totally marginalised minority: the Roma. This will mean: recognition of Roma as a group with its specific features, needs and wishes; putting an end to the often flagrant forms of discrimination to which they are subjected; promotion of their integration into society; development and implementation of adequate forms of affirmative action (in areas such as education, housing, health care, etc.).

II. Acceptance and implementation of international standards

12. The international community has, starting with the adoption of the Universal Declaration of Human Rights in 1948, elaborated relevant standards through international human rights instruments. At the regional level, particular mention should be made of the European Convention on Human Rights (ECHR, 1950). As concerns specifically the protection of minorities, important standards have been developed in the Copenhagen Document of the CSCE (1990), the United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities (1992), as well as in legally binding instruments of the Council of Europe: the Framework Convention for the Protection of National Minorities of 1995 (FCNM) and, in the field of language, the European Charter on Regional or Minority Languages (1992).

13. While a number of countries in the region have already accepted to be legally bound by the ECHR, the Framework Convention and the Language Charter, adherence to these instruments which constitute a European "acquis" is an important common target for all countries of the region. They should reaffirm their commitment to these standards as their common standards. There is no reason to amend or replace them; what is important is a firm commitment to take all necessary measures to ensure full implementation of these standards in practice and to co-operate fully in their supervisory mechanisms. Respect for human rights and the principles of pluralist democracy and the rule of law (see Section I above) are essential for the implementation of these standards.


III. Outline of measures and commitments

Introduction

14. Certain measures and initiatives which contribute to the realisation of the above-mentioned objectives have already been developed and are being implemented in the countries of the region; these are referred to hereafter as "good practices". Other such measures and initiatives are currently being developed; these may be called "good processes". Some of these practices and processes have been initiated by public authorities (at national, regional or local level), others stem from non-governmental initiatives. They deserve to be highlighted as examples of good practice/good processes which ñ even if they will not always lend themselves to being copied exactly in other countries ñ at least merit serious consideration by and in other countries of the region. As it would be impossible to draw up an exhaustive list of such good practices and processes (for example, there is a wealth of grass-roots projects that are being implemented or prepared by NGOs), the two baskets described below (of good practices and good processes, respectively) are to be seen as collections of examples.

15. On the other hand, it is also important that the countries of the region demonstrate their commitment to take further measures and initiatives which contribute to the achievement of the objectives concerning multi-ethnic and multi-cultural society and democratic citizenship as outlined above. Suggestions for commitments to take further measures and initiatives are included temptatively in the list appearing after the two baskets.

Basket 1: Good practices

a. Special measures designed to promote minority representation in parliament;

b. Multi-ethnic composition of governments;

c. Establishment or reinforcement of permanent common dialogue structures between authorities and ethnic groups and communities and minorities (consultative structures such as councils for national minorities), which are inclusive, offer meaningful opportunities for active input in policy-making, with a responsive attitude on the part of the authorities;

d. Establishment of government offices for ethnic groups and communities and minorities which are accessible and responsive;

e. Parliamentary commissions on minorities;

f. Decentralisation and development of local government with positive consequences for the participation and integration of minorities;

g. Law on religious denominations;

h. Establishment of an Ombudsman and/or national human rights institution (specifically on minorities or more general);

i. Experimental mixed schools/kindergartens as pilot projects;

j. Close contacts and co-operation between the leaders of different religious communities;

k. Grass-roots NGO work at the local level, including transborder projects;

l. Implementation of specific policy programmes, for example concerning Roma;

m. Good reception and assistance to refugees and internally displaced persons;

n. Transborder co-operation as a means for facilitating contacts between citizens;

o. Bilateral agreements concerning minorities;

p. Active participation in regional structures and their programmes relevant to minorities and multi-ethnic society (e.g. Central European Initiative and its Torino Document);

q Associations of Roma, possibly organised on a country-wide basis;

r. Programmes of meetings and common activities by women from different communities.


Basket 2: Good Processes

a. Implementation of Human Rights Education Programmes, with emphasis on tolerance and respect for others;

b. Inter-country contacts to promote return of refugees and displaced persons;

c. Co-operation to promote exchanges or common projects in the fields of culture, science, youth and sports;

d. Decentralisation processes helping participation and integration;

e. Transfrontier co-operation between neighbouring countries, in areas such as energy, trade, employment or the environment, with the aim of enhancing contacts between people living on different sides of the border and to improving their living conditions;

f. Common out-of-school activities for young pupils from different communities;

g. Work of teams of reporters composed of journalists from different communities;

h. Affirmative action programmes to increase representation of minorities in the civil service, including the police;

i. Training of the police on community policing;

j. Examination of history books used in schools with a view to removing offensive material;

k. Media initiatives to promote communication and mutual understanding between communities (e.g.: airtime for programmes for minorities; presence of features on minorities in mainstream programmes; children's programmes promoting tolerance; local radio projects with participation of minorities and different ethnic groups);

l. Co-operation between government offices for ethnic groups and communities and national minorities (as promoted by a Joint Programme on Minorities between the Council of Europe and the European Commission);

m. Networking and co-operation between NGOs dealing with inter-ethnic and minority issues;

n. Confidence-building and reconciliation activities at local level;

o. Networking between universities/academies of science/scientific and educational institutes etc. with a view to promoting multi-ethnic and multi-cultural society and protection of minorities.


Suggestions concerning commitments for further initiatives and measures

16. The following list contains some suggestions for commitments which might be undertaken by the participating countries, either by all or by some of them, taking into account their specific situation and needs. These suggestions result from an analysis of the situations and perspectives in the countries throughout the region, but the list should in no way be considered to be exhaustive; other general or specific suggestions will certainly be welcome. It is proposed that each of the countries of the region would identify commitments to be included on its own country list with indications of the ways and means as well as the deadlines of their implementation. Such lists would constitute specific contributions of the countries concerned to the Stability Pact for South Eastern Europe and could be the subject of progress evaluation within the framework of the Stability Pact.

a. To become bound by, and implement, relevant existing standards (especially ECHR and FCNM, but also other relevant instruments such as the Charter for Regional or Minority Languages and the Charter of Local Self-Government of the Council of Europe) and co-operate fully with their supervisory systems (this may involve: adoption of constitutional provisions on the protection of minorities and adoption/amendment of implementing legislation protecting the rights of minorities);

b. To conclude bilateral agreements (as concerns minorities, the facilitation of transborder crossings, for instance) as a tool for promoting good ethnic relations;

c. To take into consideration the Hague, Oslo and Lund Recommendations on national minorities (on education rights, linguistic rights, and effective participation in public life, respectively) as tools for the implementation of standards mentioned in Chapter II above, where necessary with expert advice and other assistance from relevant international organisations);

d. To participate in a future regional meeting in co-operation with the Venice Commission on Democracy through Law (Council of Europe) in order to discuss existing constitutional provisions and examine to what extent they correspond to the concept of multi-ethnic society and democratic citizenship;

e. To develop, where necessary and appropriate, the reform of educational legislation and institutions to cope with the needs of ethnic groups and communities and minorities;

f. To support initiatives of Roma and other minorities concerning the development/codification of their language;

g. To create the legal conditions (e.g.: changes in property legislation) necessary for the return of refugees and displaced persons and solve citizenship issues which still form an obstacle for return and good inter-ethnic relations;

h. To agree to specific return programmes for the Roma;

i. To agree to implement fully the existing return programmes and, in this context, to conclude the necessary bi-lateral/tri-lateral agreements;

j. To elaborate and implement economic and infrastructural programmes aimed at fostering inter-ethnic trust and cooperation;

k. To agree on transparency in matters of policy planning in the field of inter-ethnic relations;

l. For countries having plans for organising a population census, to commit themselves to do so according to European standards and with the assistance of international organisations.

 

          IV. Common action proposed to the Conference on inter-ethnic relations and   
          minorities (Portoroz, 16 ñ 17 March 2000)

Awareness-Raising Campaign

17.      It is proposed to launch a wide-ranging campaign with a view to raising awareness of the  
          values and principles of multi-ethnic and multi-cultural society and democratic citizenship. This 
          campaign will have to be significant, vigorous and based on a strong commitment by the 
          countries concerned. This will entail the setting of specific campaign objectives: it should be a 
          campaign by the countries concerned themselves and for their populations, and therefore  
          adapted to the specific situation and prevailing attitudes in each country, but based on support 
          from Stability Pact resources (political, intellectual and financial as well).
18.     The campaign will rely on structures in the countries themselves: in each of them, a
          campaign committee will be set up.
19.     The campaign will also need a common Stability Pact structure, which would keep direction  
          and momentum and to which the country committees can turn for guidance, ideas etc.
20.       A "Regional and European Panel" of well-respected personalities of high moral standing and   
          authority, to be appointed by the Stability Pact structure, should come out, at the beginning of  
          the campaign, with a strong public message in support of its objectives and be involved 
          thereafter in advocating the campaign concepts and participate in its activities. These 
          personalities would come from the countries of South-East Europe as well as other countries 
          involved in the Stability Pact. They should represent different sectors such as the arts (creators 
          and performers), sports, universities, religious communities, science, business, etc.
21.     The campaign will also require some appropriate thematic structures (in fields such as media,   
          culture, education, youth, science, local government), which would conduct some of the 
          activities (e.g.: youth exchange programmes, programme of round tables, internet projects for 
          young people, specific training for professional groups such as civil servants, cultural 
          exchanges including regional tours of cultural events, study visits, joint media reporting and 
          programmes, etc).
22.     The Portoroz Conference (16 ñ 17 March 2000) should agree on the principle of launching this   
          campaign and call for a meeting of an organising committee.

Foreign Relations

23. As concerns the field of foreign relations, participant countries should declare that they will promote the concepts and objectives set out in this project and contribute to their realisation, for example by exercising the necessary restraint and moderation in situations and moments of tension.

Commitment to existing standards

24. The countries concerned should express firm commitments with regard to existing European standards in the field of human rights, including the protection of minorities: ratify the relevant legal instruments if they have not done so yet, co-operate fully with the supervisory systems of these instruments, take all legislative and policy measures necessary for their implementation and facilitate actively their monitoring.

Non-Discrimination Review and Programme of Positive Measures to promote full Equality

25. The countries will be invited to undertake a comprehensive and thorough review of their laws, policies and practices with a view to identifying and removing discriminatory aspects. This review will be conducted with the assistance of experts of the Council of Europe, on the basis of a methodology to be developed in the light of similar exercises in the past (e.g.: examination of compatibility of legislation and practice with the European Convention of Human Rights).

26. As a corollary to the non-discrimination review, the countries should express their commitment to elaborate programmes of special measures ("positive action"), inter alia in the field of recruitment and other staff policies for all sectors of public administration.

27. The countries will declare that they will pay special attention to solving the problems of Roma in particular. In the context of the present project, this concerns the recognition of the Roma minority, the elimination of discrimination in respect of Roma, and the elaboration of special measures/positive action programmes aiming at full equality and integration of Roma as part of multi-ethnic society.

Common Heritage Initiative

28. It is proposed that experts from the region be invited to help in highlighting the contributions made by individual countries to the common heritage of the region, examine ways and means to remove offensive elements from educational materials and cultural establishments or works, and to promote a culture of tolerance in the media which avoids hate speech and prejudice. The Council of Europe might be entrusted with collecting proposals, providing advice and sponsoring a start-up meeting.

Civil Society Conference

29. The Portoroz Conference should invite the Council of Europe to convene, later in 2000, a major Civil Society Conference in South-East Europe in order to promote the present project and examine a wide range of possibilities for contributions to the project in this sector.