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Komitet za prava manjina - U PRIPREMI Članovi komiteta * Hristo Goci(Albania) * N.N.(Bulgaria) * Steryiu Samara(Romania) * Nako Nikolovski(R. of Macedonia) * Sutiri Bletsa(Greece) Dva pravna instrumenta za zastitu manjina Concerning the protection of the national minorities, the Council of Europe adopted two major legal instruments — The Framework Convention for the Protection of National Minorities (FCNM) and the European Charter for Regional or Minority Languages (ECRML). These two instruments highlight the importance of the preservation and protection of minority languages and of the relationship between minority and state languages. The last year(2008) was celebrated the 10-th anniversary of the ECRML, a unique legal instrument which has no parallel elsewhere in the world. Pravo da budete priznati kao Manjina The existence of an ethnic, religious or linguistic minority does not depend on a decision by that State. The existence of a minority must be established by objective criteria. The most obiective criteria is the right of minority to self-identification. A minority is a minority when this could be seen. The existence of a minority is “a matter of fact, not a matter of law” said the International Court of Justice in the interwar period.The most important thing that a minority claims is the right to its existence. Many minority groups are at risk of genocide or ´ethnic cleansing` because of religious, linguistic or ethnic association or affiliation, that is a historical contemporary evidence. The major lacuna in the international law that could be identified is that, there is no international mechanism that can reverse a state´s refusal to recognise the existence of a minority group. The protection of national minorities is essential to stability, democratic security and peace in Europe. A pluralist democratic society should respect the ethnic, cultural, linguistic and religious identity of each person belonging to a national minority, should also create appropriate conditions enabling them to express, preserve and develop this identity. The creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source and a factor, not of division, but of enrichment for each society. "Any attempt to impose an identity on a person, or on a group of persons, is inadmissible" - the principle set out in Article 3 of the Framework Convention for the Protection of National Minorities. On the occasion of the Anniversary of their National Day, on 23-rd of May, thousands of Armans(Macedonarmans) demonstrate in Bucharest, since 2006 almost each year, taking their protest to the streets of Bucharest. They protest the fact that since the 1905 recognition as a distinct people in Balkan, by the Otoman Empire, is totally ignored by the Romanian Government that does not really recognize this people as a minority in Romania. Many written protests made by the leaders of The Arman Community of Romania, community which counts more than ten thousand members, have always been ignored by the Government and remain, for more than three years, without results. Based on the Romanian Laws, only groups with a recognized minority status are allowed to have schools teaching in their mother tongue, with mother tongue books and curriculum. They need this because the only place to practice the Arman language is at home since they do not have an officially recognized public forum to exercise their freedoms. The main aim of the Arman Community is to preserve and develop the Arman language,traditions and the entire spiritual and cultural armân specific. Even demarches concerning the application of the Recommendation 1333/1997 have unfortunately failed because in acordance with national legislation the Armâns can not enjoy the specific rigths of the persons belonging to ethnic groups as they are not de jure recognised as a national minority. UNO Forum on Minority Issues 15-16 Dec.2008, Palais des Nations, Geneva, Switzerland Taking into consideration the article 27 of the International Covenant on Civil and Political Rights as well as other relevant existing international standards and national legislations, taking note of several reports of the Working Group on Minorities which emphasizes the need for a mechanism to serve as forum for dialogue and mutual understanding on minority rights issues, and also taking note of the report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities, The Human Rights Council decides to establish a forum on minority issues to provide a platform for promoting dialogue and cooperation on issues pertaining to persons belonging to national or ethnic, religious and linguistic minorities, which shall provide thematic contributions and expertise to the work of the independent expert on minority issues. The thematic focus of the 1st session of the Forum(15 and 16 December 2008, Palais des Nations, Geneva, Switzerland ) was: "Minorities and the right to education". The Forum analysed the best practices, challenges, opportunities and initiatives for the further implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The Forum was open to the participation of States, United Nations mechanisms, bodies and specialized agencies, funds and programmes, intergovernmental organizations, regional organizations and mechanisms in the field of human rights, national human rights institutions and other relevant national bodies, academics and experts on minority issues and non-governmental organizations in consultative status with the Economic and Social Council. The Forum was also open to other non-governmental organizations whose aims and purposes are in conformity with the spirit, purposes and principles of the Charter of the United Nations. The independent expert on minority issues, Ms. Gay McDougall, guided the work of the Forum and reported the thematic recommendations of the Forum to the Human Rights Council. Dokumenta Framework Convention for the Protection of National Minorities European Charter for Regional or Minority Languages Taditional minorities in Europe by MEP Csaba Tabajdi Recommendations on National Minorities in Inter-State Relations United Nation Forum on Minority Issues Institut for Minority Rights(EURAC-European Academy Bozen) New challenges for the traditional minorities in Europe, by Csaba Tabajdi |     |
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