Each European state having more than a million of inhabitants features minority groups. Aproximatlly three quarters of these minorities have a residence in the states of the European Union (EU). Most them the EU gained with the accession of the Easter European Countries (EEC) to the Union in 2004. The percentage of minorities in the 15 old EU Member States varies from 1% in Germany, to 20% in Spain.
“The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which plu- ralism, non-discrimination, tolerance, justice, solidarity and equali- ty between women and men prevail ” (TEU, Article 2).
However The EU does not have a uniform minority policy, since there are no standards or procedures or institutions that would be directed towards minorities. Neither the European Council not the European Comission have built policies toward minority issue, while in the European Parliament four Resolutions have passed on the protection of national minorities since 1984. The European Council held in Copenhagen in June 1993 decided that the
countries of Central and Eastern Europe that had applied could become members
of the EU through the fulfillment of certain conditions. These are referred to as
Copenhagen criteria. A passage relevant to the issue of minorities is included in them. The criteria that were to be achieved by applicant states are the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities as the minority issues have been at the forefront of the enlargement.
The Treaty of Amsterdam established all of these political accession
criteria into EU primary all, the sole exception being the clause on minority
protection. Consequently, the protection of minorities was not granted binding
force and a clear internal dimension. It remained relevant only in the external
EU policy as an accession criterion. Although the Treaties do not contain norms
which specifically protect minorities, primary law offers through Article 19
TFEU on anti-discrimination policy a prominent competence base which is central
for protecting minorities in the context of EU law.
On the other hand the question of recognition of minority status stays strictly internal matter, many Member States guarantee minority protection to those groups of minorities that are part of the state over a longer historical period. At the same time, numerically much larger ethnic communities that have often immigrated to the member states as a result of the economic migrations in the twentieth century (the so called new minorities) does not enjoy minority status and therefore no additional protection.
Therefore it is not surprising fact that some members states of the Union like France have not adopted the Council of Europe’s Framework Convention for the Protection of National Minorities. Moreover EU member states have ratified the International Covenant on Civil and Political Rights but some of them with the reservations under Article 27 which refers only to the protections of minorities.
A variety of negative minority rights, offered by the EU ( Article 2
TEU; Art. 21 of the Charter of Fundamental Rights of the EU), presents a
problematic aspect of protection of the minorities. Through them, minorities
are protected by the general principle of non-discrimination included in
traditional international human rights law which prohibits any discrimination.
This principle forms the necessary basis for the protection of minority rights.
However, it only provides the first step in the protection of minorities, and
it is not sufficient in itself to del with the question, because the equal
treatment implied by the non-discrimination principle often leads to
assimilation.
As we wanted to have some information from the inside of the Union, we asked the representatives of the EU states the following questions:
1. Are you of the opinion that
Union should/could develop more initiative in its minority policy?
2. a) Do you think that in future
there is a chance that affirmative actions became a part of EU legislation?
b) Are you willing to introduce them in UN Resolution, since there have
been discussion on introducing the
principle of positive discrimination in possible draft resolution
proposed by UK and South Africa
Germany:
1 1. "We believe that protection of
minorities is well protected within the Copenhagen Criteria, since 1993.
However, we do belive that there should be some binding document for the States
that became member of the European Union before this date. On the second hand,
all of the EU Member States are members of the United Nations, which means that
thay are obliged to respect the Charter and human rights of all (!) people."
2. a) "Yes, affirmative actions could
be one solution however – again, we belive that minorities should be protected
on a Global level, not only on the EU basis. Therefore we do not see a imidiate
need to implement such tools into the EU legislation.
b) There are more answers to
this question, but we would not stand against such proposal if it was presented
in the draft resolution, that would mean that this principles are represented
on a Global level. "
Spain:
1. "We
do not believe this is necessary. Current legislation is sufficient, we should
rather concentrate our efforts in ensuring that is it efficiently implemented
in member states."
2. a) "To achieve equality we must recognize diversity and promote the
participation of everyone on equitable conditions. Positive action measures are
one of several mechanisms that we can use to ensure greater participation of
all citizens. Spain has adopted affirmative actions and we believe that they
are successful in ensuring greater participation of all Spanish citizens.
However, adopting these actions as part of EU legislation is pre-mature as
there is not enough political consensus among member states. Therefore, we should
rather focus on promotion of human rights and inter-cultural dialogue."
b) "We believe that other measures are more
important and efficient when dealing with inter-ethnic conflicts involving
minorities. We must focus on implementation of the principles and practices of
democracy and respect for human rights. Promotion of peaceful dialogue and
tolerance among different cultures is essential and that should be the focus of
the resolution."
United Kingdom:
1. "The EU has adopted many human rights texts, such as
the Charter
of Fundamental Rights, associated with the Lisbon Treaty. The fundamental rights contained in
these documents apply to all EU citizens regardless of race, nationality or
other distinguishing characteristics. UK Government understands the importance
of being at the forefront of the human rights agenda. It is important for the
EU to continue to promote the non-discrimination principle, which requires the
equal treatment of all individuals or groups, as well as the equal
opportunities for education, training, employment, career development and the
exercise of power. It benefits the citizens of the union; it helps eliminate
differences between the UK and its nearest neighbours, but also gives EU member
states greater leverage when dealing with human rights issues in more volatile
regions. There are also many instruments and programmes, such as Daphne and
PROGRESS, which are committed to protecting vulnerable groups, such as
minorities by combating discrimination, racism and xenophobia. These projects have responded to real needs
faced by particularly disadvantaged populations in the EU.
The lack of legislation dealing specifically with
minority issues should not be understood as a disadvantage for Europe. All EU
states are also members of the Council of Europe, which has adopted to key
documents dealing with minorities Framework Convention for the Protection of National Minorities and
European Charter for Regional or Minority Languages. Belorussia is the only
European state, which has not joined. Council of Europe also monitors
implementation through state reports, although unfortunately not all member
states have signed or ratified the treaties. It is highly unlikely that these
differences would disappear if discussion on minority rights took place in the
EU context. State interests and concerns do not change from institution to
institution. At the moment and in the EU context, it may be more opportune to
focus on democracy, rule of law and human rights, as well as the principles of
equality, equal opportunities, non-discrimination, because such legislation and
actions promote gender equality, help minorities and the disabled."
2. a) "The position of the UK is that any legislation that would privilege
minority population over majority population is discrimination and is illegal
under the Equality Act 2010. However, ‘positive action’ can be taken to help
people with a protected characteristic under national law. these include: age, being or becoming a transsexual person, being married or in a civil
partnership, being pregnant or having a child, disability, race including
colour, nationality, ethnic or national origin, religion, belief or lack of
religion/belief, sex or sexual orientation. Our national legislation protects
people who fall under these categories at work, in education, as a consumer,
when using public services, when buying or renting property, as a member or
guest of a private club or association. ‘Positive action’ is only legal in the
UK when people with a protected characteristic are at a disadvantage, have
particular needs, and are under-represented in an activity or type of work. If
the EU legislation would reflect a similar approach to affirmative action with
regards to minorities the UK would welcome it."
b) "The UK is committed to tackling all forms of discrimination, including crimes committed against minorities. We will continue to promote our established legislation and practices in multilateral fora, including the UN through our proposal. At the
moment there are no provisions, which specifically or explicitly contain
positive discrimination. One of the reasons is the variety of approaches that
UN Member States employ when dealing with minority issues; not all States are
inclined to adopted positive discrimination measures. The UK recognizes the
need for ‘positive action’ only for disadvantaged and underrepresented groups
in certain types of activities. We do however fully support adopting measures,
which help give minorities equal footing, because we are committed to tackling
the causes of discrimination and inequality. We hope states will commit
themselves to addressing specific barriers, which keep certain groups back,
provide appropriate conditions for full participation of persons belonging to
minorities in all aspects of the political, economic, social, religious and
cultural life, to adopt an equal opportunities framework in different fields
(for example employment and education), provide access to health services and
the justice system."
Czech Republic:
1. "The issue of minorities should be based on non-discrimination, rule of
law and we have to provide them equality and security in society. Union should take initiative in
strengthening democratic institutions which are crucial for enabling minorities to enjoy their own cultures and identities, to use their own
languages. So far, generally speaking, the UN has progressed and done a lot on
the rights of minorities, but that’s not enough. We have to take concrete
actions for enabling them protection and life with equal footing with the rest
of population in society."
2. a) "It is really hard to predict what will happen, but from a viewpoint of
our country, we would support those actions. We think that specific measures
are needed for providing the protection of minorities. General provisions are
not enough. We hope that other EU
members will recognize their importance too."
b) "All EU countries are working together on the
rights of minorities, and we, all together, have to act. It is of high
importance to resolve the issue of minorities, and by taking such actions we
will be one step closer to improving their status/position in society."
France:
The representative of the France Ms Martina Škrobar told us today after the EU meeting that France does not recognize minorities and therefore France does not feel obliged to contribute to a legislation of the Union as it does not share the same similar statement on minorities with the other member States. At the same time France strongly advocate for protection of human rights and therefore appeals to the States in which minorities do exist, to re-examine and rethink their approaches in order to enable peaceful coexistence of all peoples in their societies. According to Ms. Škrobar France also supports equality, non discrimination of all individuals and apply human rights to all states nationals without distinction of origin, race or religion.
Italy:
1. "Although not contained much in EU law, protection of minority rights is very important part of EU policy. States wishing to join the EU have to grant minorities satisfactory protection in order to join the EU, and this is one of only four criteria (Copenhagen Criteria), which means it is a very important one. EU is also fostering strengthening of protection of minorities in existing EU member states. EU will definitely have to develop more initiative in its minority policy, as all other states, regions and organizations will have to, since international community is facing increasing number of inter-ethnic issues involving minorities."
2. a) "At the moment EU is based on the principle of equality, non-discrimination and protection of human rights of all individuals. Italy believes special rights have to be granted to minorities, since they are one of the most vulnerable groups. And if member states of the EU want to create and maintain a community in which different faiths, cultures and traditions coexist, they will have to include such measures in EU legislation soon. Inter-ethnic issues involving minorities are a huge problem and have to be resolved. For this purpose discrimination, hate speech, racially and ethnically motive violence and extremism will have to prevented, and at the same rights minorities have to be granted further protection."
b) "Italy appreciates that one of the EU member states, UK, is working so hard to find solutions for inter-ethnic issues involving minorities. We believe principle of positive discrimination will find its place in one of upcoming resolutions of General Assembly in near future."
***
References:
European Alternatives. 2009. Minority Rights Protection in the EU: Contradictions and Problems. Available at: http://www.euroalter.com/2009/minority-rights-protection-in-the-eu-contradictions-and-problems/
Sasse, Gwendolyn. 2005. EU Conditionality and Minority Rights: Translating the Copenhagen Criterion into Policy. Available at: http://www.eui.eu/RSCAS/WP-Texts/05_16.pdf
Rezler, Paulina. 2011. The Copenhagen Criteria: Are They Helping or Hurting the European Union?. Available at: http://www.tourolaw.edu/ILR/uploads/articles/V14_2/5.pdfThe treaty on the Functioning of the European Union. Consolidated version. C 83/47. 30 March 2010. Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF
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