MINELRES: Minority Rights Information System (MIRIS): Newsletter no. 11

[minelres@lists.microlink.lv]

Original sender: Sergiu Constantin <Sergiu.Constantin@eurac.edu>


Dear colleagues and friends,

This is the eleventh MIRIS newsletter which contains some of the most
relevant documents that have been stored recently in the Minority Rights
Information System (MIRIS). Please, click on the blue titles of the
documents in order to see the full text.

At the moment, more than 4000 documents on national minorities, from 35
European countries, are stored in MIRIS and can be easily accessed on
the website: http://www.eurac.edu/miris

The use of the database is free of charge. 

Any comments and suggestions from your side are very welcome! 

The MIRIS Team

________________________________________________________________________________
_______

 
Selection of recently added documents in MIRIS (Newsletter 11 - March
2006) - www.eurac.edu/miris 


DOMESTIC LEGISLATION/REGULATION

FRANCE
Decree n. 2005-1011 on the organisation of the teaching of living
foreign languages in schools, on the regulations applicable to some
national certificates and on the Academic Commission on the Teaching of
Living Foreign Languages - August 22, 2005 - in English and French 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141149271121

The levels of competence in living foreign languages are established
according to the reference scale of competence levels in the appendix to
this Decree. The teaching may be carried out in groups of competences,
regradless of classes or divisions. The acquired knowledge and skills
are subject to specific certifications which are issued by the academic
authority. The Academic Commission on the Teaching of Living Foreign
Languages is appointed for three years and meets at least two times a
year. It exercises the powers mentioned in Article L. 312-9-2 of the
Code of Education and it may be consulted by the Academy Rector and
express its wishes in every subject regarding the teaching of living
foreign languages in academy. 

ITALY
Legislative Decree n. 215 on the implementation of the directive
2000/43/CE implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin - August 12, 2003 - in Italian 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141398287502

The present decree aims at the implementation of the principle of equal
treatment between persons irrespective of racial or ethnic origin by
providing the necessary measures in order to avoid that differences in
racial or ethnic origin may be a reason for discrimination. 

ROMANIA
Law no. 304/2004 concerning judicial organization - September 13, 2005 -
in English and Romanian 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141208991108

Justice is done equally for everyone, no matter their race, nationality,
ethnic origin, language, religion, gender or sexual orientation,
opinion, political affiliation, wealth, social background or status or
any such discriminatory criteria. Romanian citizens belonging to
national minorities have the right to express themselves in their mother
tongue before the courts, under the provision of the present law. In
case one or more parties demand to express themselves in their mother
tongue, the court must ensure, without charge, the use of an interpreter
or a certified translator. When all the parties demand or agree to
express themselves in their mother tongue, the court must insure the
exercise of this right, as well as good management of justice, observing
the principles of contradictoriness, orality and publicity. 

Government Decision No. 991/2005 on the Approval of the Code of Conduct
for Members of the Police Forces - September 7, 2005 - in English and
Romanian 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141754266094

The normative act stipulates that legality, equality, impartiality and
non-discrimination are among the principles that govern the professional
conduct of the police forces. The police forces shall apply an equal
treatment to all persons without any discrimination based on ethnic,
national, race, religious, political or any other kind of opinion, age,
sex, sexual orientation, wealth, national or social origin grounds. 

RUSSIAN FEDERATION
Federal Law no. 125-FZ/1997 on the Freedom of Conscience and Religious
Associations (as amended in June 2004) - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141749121515

This Federal law regulates legal relationships in the field of human
rights and the rights of every citizen to the freedom of conscience and
faith as well as the legal status of religious associations. The Russian
Federation guarantees the freedom of conscience and faith, including the
right to profess individually or jointly with others any religion or to
profess no religion whatever, to freely choose and alter, have and
disseminate religious and other convictions and practice these in real
life. The right of man and citizen to the freedom of conscience and
faith may be restricted under the Federal law only in so far as it is
required for purposes of protection of the basics of the constitutional
regime, morals, health, rights and legitimate interests of man and
citizen, insurance of the defenses of the country and the security of
the state. 

UKRAINE
Law no. 2777-IV on the amendments to the Law of Ukraine On Elections of
People's Deputies of Ukraine - July 7, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141749936630

The law stipulates that any direct or indirect privileges or
restrictions of the election right of citizens of Ukraine based on race,
color of skin, political, religious and other beliefs, gender,
ethnicity, social status, property status, place of residence, language
and other attributes shall be prohibited. Participation in election
campaigning shall be prohibited for dissemination in any form of
materials containing calls on liquidation of Ukraine's independence,
forced change of its constitutional regime, infringement of sovereignty
and territorial integrity of the state, disruption of its security,
illegal seizure of its state power, propaganda of war, violence and
stirring up national, inter-ethnic, racial, religious hatred,
encroachment on human rights and freedoms. 

CASE-LAWS

BULGARIA
Case of Ognyanova and Choban v. Bulgaria - February 23, 2006 - in
English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141666472129

The applicants, two Bulgarian nationals of Roma ethnic origin, alleged
that Mr Zahari Alexandrov Stefanov, a person of Roma ethnic origin, had
died as a result of his ill-treatment by the police while in custody,
and that the authorities had failed to conduct an effective
investigation into the circumstances surrounding his death. They further
alleged that Mr Stefanov's detention had been unlawful. Finally, they
complained that they had not had effective remedies against the alleged
violations of the Convention, and that the impugned events had been the
result of discriminatory attitudes towards persons of Roma ethnic origin
such as Mr Stefanov. The court found a violation of Article 2 (right to
life) as the Government failed to provide a plausible explanation of the
incident that caused the death of a young Roma when he was in police
custody. The court likewise found a violation of Article 3 (freedom from
torture and inhuman and degrading treatment) and a violation of Article
5.1 because there were no facts or documents about why Mr. Stefanov had
been taken into custody in the first place. Since there was no effective
criminal investigation, there was no effective remedy and Article 13 was
also violated. The court did not find a violation of Article 14
(discrimination). 

CROATIA
Case of Blecic v. Croatia (Judgment of the Grand Chamber) - March 8,
2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141832359737

The applicant, a Croatian national who lost her flat during the war in
Croatia alleged, in particular, that her rights to respect for her home
and to peaceful enjoyment of her possessions had been violated. She
relied on Article 8 of the Convention and Article 1 of Protocol No. 1 to
the Convention. The Grand Chamber held that an examination of the merits
of this application could not be undertaken without extending the
Court's jurisdiction to a fact which, by reason of its date, is not
subject thereto. To do so would be contrary to the general rules of
international law. It follows that the application is incompatible
ratione temporis with the provisions of the Convention within the
meaning of Article 35.3. Therefore The Court held, by eleven votes to
six, that it is unable to take cognisance of the merits of the case. 

CZECH REPUBLIC
Bergauer and Others v. the Czech Republic - December 13, 2005 - in
English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141209732872

The applicants are 90 German, Austrian or American nationals, all of
German ethnic origin. They or their ancestors were residing in former
Czechoslovakia, from the territory of which they were expelled after the
Second World War. The applicants submit that, during the liberation of
Czechoslovakia and after 9 May 1945, they and/or their family's
predecessors became victims of severe and unjustified ill-treatment.
They complain that, by means of the post-war confiscation and expulsion
policy, they were discriminated against in the enjoyment of their rights
guaranteed by the Convention. In this respect, they claim compensation
in recognition of their non-pecuniary damage and suffering. The Court
has declared inadmissible this application of a group of Sudeten Germans
against the Czech Republic over the historic confiscation of their
property after the WW2. The Convention dates from 1950 and is therefore
inapplicable to this case. 

CZECH REPUBLIC
D.H. and others v. the Czech Republic - February 07, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141657372394

The applicants, eighteen Czech nationals, alleged, inter alia, that they
had been discriminated against in the enjoyment of their right to
education on account of their race, colour, association with a national
minority and ethnic origin. Between 1996 and 1999 the applicants were
placed in special schools which and are intended for children with
learning disabilities who are unable to attend "ordinary" or specialised
primary schools. They explained that they had been placed in special
schools under a practice which had resulted in de facto racial
segregation and discrimination. In that connection, they relied, inter
alia on Articles 3 and 14 of the Convention and Article 2 of Protocol
No. 1. By a vote of six to one the Court held that 18 Roma children who
sought legal redress for discrimination in the education system, had not
sustained their claims. Therefore the judges found that there has been
no violation of Article 14 of the Convention, taken together with
Article 2 of Protocol No. 1. 

FRANCE
Decision 99-412 DC European Charter for Regional or Minority Languages -
June 15, 1999 - in English and French 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141059028636

Certain provisions of the European Charter for Regional or Minority
Languages, in that they confer specific rights on "groups" of speakers
of regional or minority languages within "territories" in which these
languages are used, undermine the constitutional principles of the
indivisibility of the Republic, equality before the law and the unicity
of the French people. Therfore, the Constitutional Council decided, that
the European Charter for Regional or Minority Languages contains clauses
contrary to the Constitution. 

FRANCE
Council of State Decision no. 248192-248204 considering the requests to
repeal, due to excess of power, the Decree of April 19, 2002, issued by
the Minister of National Education regarding the introduction of an
immersion bilingual education system in regional languages at ?regional
language? primary and secondary schools, the Circular No. 2002-103 of
April 30, 2002, regarding the introduction of an immersion bilingual
education system in regional languages at ?regional language? primary
and secondary schools, and the Circular No. 2002-104 of April 30, 2002,
regarding the recruitment and training of the ?regional language?
primary and secondary school staff - November 29, 2002 - in English
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141140116610

The Decree of April 19, 2002, issued by the Minister of National
Education, regarding the introduction of an ?immersion? bilingual
education system in regional languages at ?regional language? primary
and secondary schools, and Circular No. 2002-103 of April 30, 2002,
issued by the Minister of National Education, have been repealed. 

ROMANIA
Decision of the National Council for Combating Discrimination in the
case "European Roma Rights Center v. C.V. Tudor" - January 17, 2006 - in
Romanian 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141665330633

The National Council for Combating Discrimination has ruled that an
anti-Roma speech made by the leader of the extreme right Greater Romania
Party was in breach of Romanian anti-discrimination law. Mr. Vadim Tudor
has been however shielded from any sanction by his parliamentarian
immunity. 

TURKEY
Case of Kakoulli v. Turkey - November 22, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141135081970

The applicants, four Cypriot nationals, complained that their husband
and father Petros Kakoulli had been intentionally shot and killed by
Turkish soldiers in Cyprus whilst collecting snails because he had
entered the territory of northern Cyprus. They alleged a violation of
Articles 2, 8 and 14 of the Convention. The Court held that there have
been violations of Article 2 (right to life) of the Convention in both
its substantive and procedural aspects because use of force against
Petros Kakoulli was neither proportionate nor absolutely necessary for
the purpose of "defending any person from unlawful violence" or
"effecting a lawful arrest", and that there has been no violation of
Article 14 (non-discrimination on ethnic and religious ground in this
case), taken in conjunction with Articles 2 and 8 of the Convention. 

REPORTS
ECRI Third Report for the following countries
The European Commission against Racism and Intolerance (ECRI) was
established by the Council of Europe. It is an independent human rights
monitoring body specialised in questions relating to racism and
intolerance. One of the pillars of ECRI's work programme is its
country-by-country approach, whereby it analyses the situation as
regards racism and intolerance in each of the member States of the
Council of Europe and makes suggestions and proposals as to how to
tackle the problems identified. 

Estonia - February 2, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141663218473

Romania - February 2, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141663457076

Lithuania - February 2, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141663715608

Spain - February 2, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141664089744

INTERNATIONAL ORGANIZATIONS DOCUMENTS
COUNCIL OF EUROPE
Advisory Committee on the Framework Convention for the Protection of
National Minorities: Opinion on Kosovo - made public on March 2, 2006 -
English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141667509382

Advisory Committee on the Framework Convention for the Protection of
National Minorities: Second opinion on Romania - made public on February
23, 2006 - English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141319780604

Advisory Committee on the Framework Convention for the Protection of
National Minorities: Second opinion on Slovenia - made public on
December 1, 2005 - English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141318534538

Recommendation 1735 (2006) of the Parliamentary Assembly: The concept of
"nation" - adopted on January 26, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141403479061

Resolutions of the Committee of Ministers on the implementation of the
Framework Convention for the Protection of National Minorities by the
follwing countries

Resolution ResCMN(2006)1 on Estonia - February 15, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141314155688

Resolution ResCMN(2005)10 on Hungary - December 14, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141312428507

Resolution ResCMN(2005)9 on Denmark- December 14, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141312620838

Resolution ResCMN(2005)8 on Moldova - December 7, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141311099660

Resolution ResCMN(2005)7 on Liechtenstein - December 7, 2005 - in
English 
http://dev.eurac.edu:8085/mugs2/do/blob.html?type=html&serial=1141311492108

EUROPEAN UNION

Communication from the Commission to the Council, the European
Parliament, the European Social and Economic Committee and the Committee
of the Regions: A New Framework Strategy for Multilingualism - November
22, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141323609975

Council Conclusion on the official use of additional languages within
the Council and possibly other Institutions and bodies of the European
Union - June 13, 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141230287190

MINORITY INFO
Roma
Final report on the Human Rights situation of the Roma, Sinti and
Travellers in Europe - February 15, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141403845896

Roma denied education or sent to segregated schools in Greece: A case
study and general information - November 2005 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141134196768

COUNTRY INFO
Romania
Statistic data regarding the number of police officers belonging to
national minorities - January 26, 2006 - in Romanian 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141658324270

Moldova
Trilateral Plan for solving the Transnistian Issue. Regional partnership
for a common commitment-oriented approach - January, 2006 - in English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141661130707

Vatican
Guidelines for the Pastoral Care of Gypsies - February 28, 2006 - in
English 
http://dev.eurac.edu:8085/mugs2/do/blob.pdf?type=pdf&serial=1141669523121


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