2157 Appeal for Minority Rights in Greece December 10, 2001 2157 We call upon Greece to ratify, without any declaration or reservation, the Council of Europe's Framework Convention on National Minorities (FCNM), and to recognize the presence on its territory of minorities, according to the prevailing international standards, as specified inter alia in General Comment by the UN Human Rights Committee on Article 27 of the International Covenant of Civil and Political Rights - ICCPR (1994), Recommendations VIII (1990) and XXIV (1999) of the UN Committee on the Elimination of Racial Discrimination - CERD Article 3 of the Framework Convention on National Minorities - FCNM Articles 32-34 of the OSCE Copenhagen Document and in compliance with the recommendations to Greece made in 2000 or 2001 by the UN Committee on the Elimination of Racial Discrimination (CERD), the European Commission against Racism and Intolerance (ECRI), and the Parliamentary Assembly of the Council of Europe (PACE). We also ask upon Greece, in public schools attended by a significant number of children with a non-Greek mother tongue whose families are citizens or residents of Greece, to provide classes on the mother language and culture of these children. Moreover, to adapt their curriculum so that children at the same schools with Greek as a mother tongue become familiar with the cultures of their classmates with a non-Greek mother tongue. [The texts mentioned in the appeal follow] Political Organizations - Members of Greek Parliament Stephanos Manos (the Liberals) George Psaharopoulos (the Liberals) Renovative Modernist Movement of the Left (AEKA) Civil Society Organizations Evropaiki Ekfrasi (European Expression) Minority Rights Group-Greece (MRG-G) Greek Helsinki Monitor (GHM) [Follows a separate related statement by the Greek Section of Amnesty International] Athens, 10 December 2001 APPEAL FOR RATIFICATION OF INTERNATIONAL INSTRUMENT The Greek Section of Amnesty International, as a contribution to the promotion of international human rights instruments, urges the Greek State to ratify without reservation the Council of Europe Framework Convention on National Minorities. Kostis Papaioannou Chair, Amnesty International Greek Section COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION General Recommendation VIII concerning the interpretation and application of article 1, paragraphs 1 and 4, of the Convention (thirty?eighth session, 1990) The Committee on the Elimination of Racial Discrimination, Having considered reports from States parties concerning information about the ways in which individuals are identified as being members of a particular racial or ethnic groups or groups, Is of the opinion that such identification shall, if no justification exists to the contrary, be based upon self?identification by the individual concerned. General Recommendation XXIV concerning article 1 of the Convention (fifty-fifth session, 1999) 1. The Committee stresses that, according to the definition given in article 1, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention relates to all persons who belong to different races, national or ethnic groups or to indigenous peoples. If the Committee is to secure the proper consideration of the periodic reports of States parties, it is essential that States parties provide as far as possible the Committee with information on the presence within their territory of such groups. 2. It appears from the periodic reports submitted to the Committee under article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination, and from other information received by the Committee, that a number of States parties recognize the presence on their territory of some national or ethnic groups or indigenous peoples, while disregarding others. Certain criteria should be uniformly applied to all groups, in particular the number of persons concerned, and their being of a race, colour, descent or national or ethnic origin different from the majority or from other groups within the population. 3. Some States parties fail to collect data on the ethnic or national origin of their citizens or of other persons living on their territory, but decide at their own discretion which groups constitute ethnic groups or indigenous peoples that are to be recognized and treated as such. The Committee believes that there is an international standard concerning the specific rights of people belonging to such groups, together with generally recognized norms concerning equal rights for all and non?discrimination, including those incorporated in the International Convention on the Elimination of All Forms of Racial Discrimination. At the same time, the Committee draws to the attention of States parties that the application of different criteria in order to determine ethnic groups or indigenous peoples, leading to the recognition of some and refusal to recognize others, may give rise to differing treatment for various groups within a country's population. 4. The Committee recalls general recommendation IV, which it adopted at its eighth session in 1973, and paragraph 8 of the general guidelines regarding the form and contents of reports to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/70/Rev.3), inviting States parties to endeavour to include in their periodic reports relevant information on the demographic composition of their population, in the light of the provisions of article 1 of the Convention, that is, as appropriate, information on race, colour, descent and national or ethnic origin. UN HUMAN RIGHTS COMMITTEE Fiftieth session, 1994 General Comment 23: The rights of minorities (Article 27 of the ICCPR) 1. Article 27 of the Covenant provides that, in those States in which ethnic, religious or linguistic minorities exist, persons belonging to these minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. The Committee observes that this article establishes and recognizes a right which is conferred on individuals belonging to minority groups and which is distinct from, and additional to, all the other rights which, as individuals in common with everyone else, they are already entitled to enjoy under the Covenant. 2. In some communications submitted to the Committee under the Optional Protocol, the right protected under article 27 has been confused with the right of peoples to self-determination proclaimed in article 1 of the Covenant. Further, in reports submitted by States parties under article 40 of the Covenant, the obligations placed upon States parties under article 27 have sometimes been confused with their duty under article 2.1 to ensure the enjoyment of the rights guaranteed under the Covenant without discrimination and also with equality before the law and equal protection of the law under article 26. 3.1. The Covenant draws a distinction between the right to self-determination and the rights protected under article 27. The former is expressed to be a right belonging to peoples and is dealt with in a separate part (Part I) of the Covenant. Self-determination is not a right cognizable under the Optional Protocol. Article 27, on the other hand, relates to rights conferred on individuals as such and is included, like the articles relating to other personal rights conferred on individuals, in Part III of the Covenant and is cognizable under the Optional Protocol. 1/ 3.2. The enjoyment of the rights to which article 27 relates does not prejudice the sovereignty and territorial integrity of a State party. At the same time, one or other aspect of the rights of individuals protected under that article - for example, to enjoy a particular culture - may consist in a way of life which is closely associated with territory and use of its resources. 2/ This may particularly be true of members of indigenous communities constituting a minority. 4. The Covenant also distinguishes the rights protected under article 27 from the guarantees under articles 2.1 and 26. The entitlement, under article 2.1, to enjoy the rights under the Covenant without discrimination applies to all individuals within the territory or under the jurisdiction of the State whether or not those persons belong to a minority. In addition, there is a distinct right provided under article 26 for equality before the law, equal protection of the law, and non-discrimination in respect of rights granted and obligations imposed by the States. It governs the exercise of all rights, whether protected under the Covenant or not, which the State party confers by law on individuals within its territory or under its jurisdiction, irrespective of whether they belong to the minorities specified in article 27 or not. 3/ Some States parties who claim that they do not discriminate on grounds of ethnicity, language or religion, wrongly contend, on that basis alone, that they have no minorities. 5.1. The terms used in article 27 indicate that the persons designed to be protected are those who belong to a group and who share in common a culture, a religion and/or a language. Those terms also indicate that the individuals designed to be protected need not be citizens of the State party. In this regard, the obligations deriving from article 2.1 are also relevant, since a State party is required under that article to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction, except rights which are expressly made to apply to citizens, for example, political rights under article 25. A State party may not, therefore, restrict the rights under article 27 to its citizens alone. 5.2. Article 27 confers rights on persons belonging to minorities which "exist" in a State party. Given the nature and scope of the rights envisaged under that article, it is not relevant to determine the degree of permanence that the term "exist" connotes. Those rights simply are that individuals belonging to those minorities should not be denied the right, in community with members of their group, to enjoy their own culture, to practise their religion and speak their language. Just as they need not be nationals or citizens, they need not be permanent residents. Thus, migrant workers or even visitors in a State party constituting such minorities are entitled not to be denied the exercise of those rights. As any other individual in the territory of the State party, they would, also for this purpose, have the general rights, for example, to freedom of association, of assembly, and of expression. The existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by that State party but requires to be established by objective criteria. 5.3. The right of individuals belonging to a linguistic minority to use their language among themselves, in private or in public, is distinct from other language rights protected under the Covenant. In particular, it should be distinguished from the general right to freedom of expression protected under article 19. The latter right is available to all persons, irrespective of whether they belong to minorities or not. Further, the right protected under article 27 should be distinguished from the particular right which article 14.3 (f) of the Covenant confers on accused persons to interpretation where they cannot understand or speak the language used in the courts. Article 14.3 (f) does not, in any other circumstances, confer on accused persons the right to use or speak the language of their choice in court proceedings. 4/ 6.1. Although article 27 is expressed in negative terms, that article, nevertheless, does recognize the existence of a "right" and requires that it shall not be denied. Consequently, a State party is under an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. Positive measures of protection are, therefore, required not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party. 6.2. Although the rights protected under article 27 are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language or religion. Accordingly, positive measures by States may also be necessary to protect the identity of a minority and the rights of its members to enjoy and develop their culture and language and to practise their religion, in community with the other members of the group. In this connection, it has to be observed that such positive measures must respect the provisions of articles 2.1 and 26 of the Covenant both as regards the treatment between different minorities and the treatment between the persons belonging to them and the remaining part of the population. However, as long as those measures are aimed at correcting conditions which prevent or impair the enjoyment of the rights guaranteed under article 27, they may constitute a legitimate differentiation under the Covenant, provided that they are based on reasonable and objective criteria. 7. With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. 5/ The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them. 8. The Committee observes that none of the rights protected under article 27 of the Covenant may be legitimately exercised in a manner or to an extent inconsistent with the other provisions of the Covenant. 9. The Committee concludes that article 27 relates to rights whose protection imposes specific obligations on States parties. The protection of these rights is directed towards ensuring the survival and continued development of the cultural, religious and social identity of the minorities concerned, thus enriching the fabric of society as a whole. Accordingly, the Committee observes that these rights must be protected as such and should not be confused with other personal rights conferred on one and all under the Covenant. States parties, therefore, have an obligation to ensure that the exercise of these rights is fully protected and they should indicate in their reports the measures they have adopted to this end. Notes 1/ See Official Records of the General Assembly, Thirty-ninth Session, Supplement No. 40 (A/39/40), annex VI, General Comment No. 12 (21) (article 1), also issued in document CCPR/C/21/Rev.1; ibid., Forty-fifth Session, Supplement No. 40, (A/45/40), vol. II, annex IX, sect. A, Communication No. 167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band v. Canada), views adopted on 26 March 1990. 2/ See ibid., Forty-third Session, Supplement No. 40 (A/43/40), annex VII, sect. G, Communication No. 197/1985 (Kitok v. Sweden), views adopted on 27 July 1988. 3/ See ibid., Forty-second Session, Supplement No. 40 (A/42/40), annex VIII, sect. D, Communication No. 182/1984 (F.H. Zwaan-de Vries v. the Netherlands), views adopted on 9 April 1987; ibid., sect. C, Communication No. 180/1984 (L.G. Danning v. the Netherlands), views adopted on 9 April 1987. 4/ See ibid., Forty-fifth Session, Supplement No. 40, (A/45/40), vol. II, annex X, sect. A, Communication No. 220/1987 (T.K. v. France), decision of 8 November 1989; ibid., sect. B, Communication No. 222/1987 (M.K. v. France), decision of 8 November 1989. 5/ See notes 1 and 2 above, Communication No. 167/1984 (Bernard Ominayak, Chief of the Lubicon Lake Band v. Canada), views adopted on 26 March 1990, and Communication No. 197/1985 (Kitok v. Sweden), views adopted on 27 July 1988. FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES Article 3 1. Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice. 2. Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others. CONFERENCE ON THE HUMAN DIMENSION OF THE CSCE (Conference for Security and Co-operation in Europe - now OSCE) Document of the Copenhagen Meeting (5 June- 29 July 1990) 32) To belong to a national minority is a matter of a person's individual choice and no disadvantage may arise from the exercise of such choice. Persons belonging to national minorities have the right freely to express, preserve and develop their ethnic, cultural, linguistic or religious identity and to maintain and develop their culture in all its aspects, free of any attempts at assimilation against their will. In particular, they have the right (32.1) - to use freely their mother tongue in private as well as in public; (32.2) - to establish and maintain their own educational, cultural and religious institutions, organizations or associations, which can seek voluntary financial and other contributions as well as public assistance, in conformity with national legislation; (32.3) - to profess and practise their religion, including the acquisition, possession and use of religious materials, and to conduct religious educational activities in their mother tongue; (32.4) - to establish and maintain unimpeded contacts among themselves within their country as well as contacts across frontiers with citizens of other States with whom they share a common ethnic or national origin, cultural heritage or religious beliefs; (32.5) - to disseminate, have access to and exchange information in their mother tongue; (32.6) - to establish and maintain organizations or associations within their country and to participate in international non-governmental organizations. Persons belonging to national minorities can exercise and enjoy their rights individually as well as in community with other members of their group. No disadvantage may arise for a person belonging to a national minority on account of the exercise or non-exercise of any such rights. (33) The participating States will protect the ethnic, cultural, linguistic and religious identity of national minorities on their territory and create conditions for the promotion of that identity. They will take the necessary measures to that effect after due consultations, including contacts with organizations or associations of such minorities, in accordance with the decision-making procedures of each State. Any such measures will be in conformity with the principles of equality and non-discrimination with respect to the other citizens of the participating State concerned. (34) The participating States will endeavour to ensure that persons belonging to national minorities, notwithstanding the need to learn the official language or languages of the State concerned, have adequate opportunities for instruction of their mother tongue or in their mother tongue, as well as, wherever possible and necessary, for its use before public authorities, in conformity with applicable national legislation. In the context of the teaching of history and culture in educational establishments, they will also take account of the history and culture of national minorities. COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Concluding Observations on Greece (22/03/2001) C. Concerns and recommendations 12. While noting that the report of the State party refers to the "Muslim minority of Western Thrace", and within this to Turkish, Pomak and Roma groups, and not to other ethnic groups in the country, the Committee draws the attention of the State party to its General Recommendations VIII (38) on the right of each person to self-identification and XXIV (55) concerning article 1 of the Convention in this regard. EUROPEAN COMMISSION AGAINST RACISM AND INTOLERANCE Second Report on Greece (Adopted on 10 December 1999) 1. … In 1997, Greece also signed the Framework Convention for the Protection of National Minorities; however, ratification of this instrument still requires certain legislative and other amendments in order to bring Greek legislation in line with the commitments under the Convention. ECRI urges the authorities to finalise this process as rapidly as possible and to ratify the Convention. 24. ECRI encourages the authorities to ensure that all [minority] groups in Greece effectively enjoy the right to freedom of association and to freedom of expression, in accordance with international legal standards. 30. …Greece has in recent years been experiencing major changes in migration patterns. In the last decade in particular, it has become increasingly a country of immigration… These developments, taken together with the presence of a significant Roma/Gypsy population, cast doubt on the continuing validity of the traditional view of Greece - that is as a country with only one, relatively small and self-contained minority recognised as such. It remains the case that there are continuing concerns regarding the Muslim minority in Western Thrace which is mostly of Turkish origin. The reality is, however, that there are now other important minority groups which are significant in size and which experience distinctive, long-term problems and needs. PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE (14 Greek Members of Parliament participate) Recommendation 1492 (2000)[1]: Rights of national minorities Text (http://stars.coe.int/ta/ta01/EREC1492.HTM) adopted by the on 23 January 2001 without any negative votes (http://stars.coe.int/ta/ta01/EREC1492.HTM) 12. The Assembly therefore recommends that the Committee of Ministers: iv. ask [Andorra, Belgium, France, Georgia, Greece, Iceland, Latvia, Luxembourg, the Netherlands, Portugal and Turkey] to sign and/or ratify as soon as possible and without reservations and declarations the Framework Convention for the Protection of National Minorities, and ask those which have already ratified it to implement it and to revoke their reservations and declarations; ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE HIGH COMMISSIONER ON NATIONAL MINORITIES Statement on National Minorities in Greece (23 August 1999) In the last few weeks, a number of requests have reached me to give my opinion on the ongoing discussion in Greece regarding the question of national minorities. In that light I should like to make the following comments. On 28 June 1990, the then Government of Greece, led by Mr. Constantine Mitsotakis, together with the governments of the other states participating in the OSCE , agreed to the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the OSCE. The Copenhagen Document commits governments i.a. to provide persons belonging to national minorities the right freely to express, preserve and develop (individually as well as in community with other members of their group) their ethnic, cultural, linguistic and religious identity and to maintain and develop their culture in all its aspects, to profess and practice their religion, and to establish and maintain organizations or associations. The discussion in Greece during the last few weeks on the subject of national minorities gives me the impression that there is a certain confusion about the commitments contained in the Copenhagen Document. Some comments give the impression that the recognition in the Copenhagen Document of the right of persons belonging to national minorities freely to express, preserve and develop their ethnic, cultural, linguistic and religious identity is tantamount to recognizing the right of self-determination of persons belonging to national minorities. In reality, however, these are two completely different concepts. The right of self-determination relates to the status of territory. In this relation paragraph 38 of the Copenhagen Document makes it clear that none of the commitments mentioned in the Copenhagen Document may be interpreted as implying any right to engage in any activity or any action in contravention of the principle of territorial integrity of States. This means for instance that a State with a population which has predominantly the same ethnicity as that of an ethnic minority in another State will never be able to refer to the commitments contained in the Copenhagen Document as a justification for territorial claims against the State which has such a minority living on its territory. The Copenhagen Document makes it clear that the principle of respect for territorial integrity prevails. Similarly, an ethnic minority will not be able to interpret the commitments of the Copenhagen Document as a justification for efforts to secede. In other words: the right of persons belonging to national minorities to express, preserve and develop their identity is to be exercised within the existing boundaries of the State. Paragraph 35 of the Copenhagen Document does refer to the formula of territorial autonomy "as one of the possible means" to create conditions for promotion of the identity of persons belonging to national minorities. However, territorial autonomy is mentioned as an option, not as a right or an obligation. A second misunderstanding is that in order to acquire or enjoy the rights mentioned in the Copenhagen Document a minority will have to be formally recognized by the State. The Copenhagen Document makes it clear that this is not necessary. Paragraph 31 states: "persons belonging to national minorities have the right to exercise fully and effectively their human rights and fundamental freedoms without any discrimination and in full equality before the law." The same principles of non-discrimination and equality before the law apply pursuant to Article 14 of the European Convention on Human Rights. However, when an association of persons belonging to a national minority wants to acquire legal personality for purposes of enjoying one of their enumerated rights, Greek law obliges them to be registered. But the requirements for registration cannot be different from those for associations not composed of persons belonging to national minorities. To require otherwise would constitute a violation of the principle of non-discrimination. Nor can registration be refused because of the mere fact that it is an association of persons belonging to a national minority; this would be a violation of the commitments of the Copenhagen Document as well as a violation of Article 11 of the European Convention on Human Rights and Article 12 of the Greek Constitution regarding the freedom of association. On the other hand, Article 105 of the Greek Civil Code opens a possibility to dissolve any association with aims different from those laid down in its memorandum of association or if its object (or actions) proves to be contrary to the law. Finally, there seems to be confusion about the relationship between the Treaty of Lausanne of 1923 and the Copenhagen Document. The Treaty of Lausanne (Article 45) deals with the religious rights of the "Muslim minority" in Greece. But that does not mean that the Copenhagen Document has no relevance for persons belonging to the Muslim minority in Greece. Within the wider religious group, there are smaller groups with an ethnic or linguistic identity of their own, such as Turks, Roma and Pomaks to which the provisions of the Copenhagen Document do apply. Max van der Stoel OSCE High Commissioner on National Minorities
