Cultures in Dialogue: project and resolution for protection of minorities in Europe |
Summer 2005 in the Danish-German borderland is characterized by bad weather but warm relations, bright smiles and heated discussions.
From 17th to 30th of July on the territory of the German-Danish Borderland (in the towns of Tingleff, Flensburg and Aabenraa) the Cultures in Dialogue event took place. It was devoted to the 50th anniversary of the Bonn-Copenhagen Declarations. 180 young Europeans of different national, cultural and linguistic backgrounds took part in it. The aim of this project was to negotiate a resolution about how a greater recognition to national minorities can be given.
This project is unique because on the one hand all participants had the opportunity to show the problems of their regions and together with other participants ’in dialogue` tried to find the actual ways for their solving. On the other hand they had the opportunity to learn more about the culture, history and education of other countries. All participants had the opportunity to learn more about the historical experience of regulating the relations between national minorities and the majority in the Danish-German Borderland. The relations and cooperation between Denmark and Germany, that led to the adoption of the Bonn-Copenhagen Declarations are the example of how to keep the identity of national minorities on both sides of the border. The dialogue between national minorities and majorities tied Europe together at least for two weeks. The result? Dialogue is open...
FINAL NEGOTIATED RESOLUTION OF THE CULTURES IN DIALOGUE, 17th- 30th, July 2005
Suggested by 180 young people representing a kaleidoscope of European identities at Jaruplund Højskole (D), Deutsche Nachschule Tingleff (DK) and Højskolen Østersøen (DK)
Released on July 28th 2005 at Flensborghus, Flensburg, Germany
All 180 participants from Europe involved in Cultures in Dialogue, having exchanged their ideas and experienced Unity in Diversity for two weeks,
Stressing that a significant number of people living in Europe belong to a minority and therefore aiming at improving the situation of minorities and the relations between minorities and majorities,
Being aware of the complexity of the historical background and contemporary situation in Europe,
Aiming at strengthening European values, preserving and promoting diversity and cultural heritage, fostering intercultural and inter-religious understanding in order to achieve better future for all human beings and populations,
Taking as the staring point the determinations of the Universal Declaration of Human Rights, the United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, the Framework Convention for Protection of National Minorities, the Charter on European Regional or Minority Languages, the Charter of Fundamental Rights of the European Union and the Council of Europe Recommendation 1201,
Drawing our inspiration from the Bonn-Copenhagen Declarations and the experiences of the people living in the Danish-German borderland,
Addressing all European individuals, peoples and Institutions,
On July 28th 2005 together agree on the following text of the resolution:
CHAPTER I DEFINITION
Art. 1 Definition of minority
A minority is defined as numerically significant but non-dominant group of persons in their state of residence, who identify themselves as a minority, who share a common culture, language, religion and/or ethnic background, and maintain long term, firm and lasting ties to the territory of residence.
CHAPTER II RIGHTS
Art. 2 Identity
(1) Every person has the right to have his/her own identity and the right to choose his/her affiliation to a minority.
(2) Every person belonging to a minority has the right to use his/her surname and first names in his/her mother tongue and to receive official recognition of surname and first names.
Art. 3 Recognition of a minority
Every person belonging to a minority has the right to be recognized individually and/or collectively as minority at all institutional levels.
Art. 4 Citizenship
(1) Every person has the right to have at least one citizenship. No person should be disadvantaged for holding multiple citizenship.
(2) Criteria to become citizen of a given country must be guided by the principle of equality and have to be reasonable for all persons. Cultural, linguistic, ethnic and religious affiliation of a person must not result in a disadvantage for gaining citizenship.
Art. 5 Language
(1) Every person has the right to learn and to use his/her mother tongue or dialect.
(2) Every person belonging to a minority has the right to have access to translation in his/her mother tongue or dialect in the public administration.
Art. 6 Equality before law
Every person is equal before the law and shall have equal access to justice, regardless of belonging to a minority or a majority.
Art. 7 Political representation
Every person has the right to freely participate in the political sphere and to express political opinions, which includes:
(1) active and passive suffrage at every level,
(2) the right to establish political parties
(3) the right of minorities to be consulted regarding political decisions about issues that are of direct concern to them.
Art. 8 Social and economic rights
The same social and economic rights and opportunities, such as social mobility, freedom of assembly, access to health care, to labour market and to institutions etc., have to be guaranteed for everyone, either minority or majority.
Art. 9 Media
(1) Persons belonging to minorities have the right to create their own private media in their mother tongue.
(2) People belonging to minorities have the right to have access to public media.
Art. 10 Culture
People belonging to minorities have the right to express and develop their own cultural and religious practices and preserve their cultural heritage.
Art. 11 Religion
Persons belonging to minorities have the basic human right of free religious belief and the right to hold religious services in their mother tongue.
Art. 12 Education
(1) Persons belonging to minorities have the right to be taught in their mother tongue as well as in the official language of the state under the same conditions as the majority.
(2) Persons belonging to minorities have the right to establish their own educational institutions and the government has to guarantee this possibility.
Art. 13 Cross-border relations
(1) Persons belonging to minorities have the right to preserve bonds with the kin-state and maintain cross-border relations with people sharing the same culture, language and/or religion.
(2) Such minority cross-border relations should be used to strengthen the relationship between states.
(3) Special attention should be paid to minorities without a kin-state.
CHAPTER III OBLIGATIONS
Art. 14 Positive obligations of the state
The state has the obligation to recognize, protect and promote all the rights of the minorities.
Art. 15 Law obedience
Every person must respect local, regional, national and international law.
Art. 16 Democratic principles
(1) Every person must respect democratic principles
(2) Every person must use only democratic ways to promote his/her rights.
Art. 17 Peaceful co-existence
(1) All persons should actively oppose racism, xenophobia, violence, extremism and intolerance in order to make peaceful co-existence possible.
(2) Any discriminatory act that undermines the peaceful co-existence must be strongly condemned.
Art. 18 Mutual respect
Every person belonging to a minority must respect the majority’s and other minorities’ rights. Likewise, the majority must respect the minorities’ rights.
Art. 19 Multiple citizenship
Multiple citizenship must not be misused by the persons holding those citizenships.
Art. 20 Intercultural dialogue
Minorities and majorities must work together in order to achieve intercultural and inter-religious dialogue
Art. 21 Intercultural education
Minorities and majorities must work together in order to promote intercultural education and to increase inter-religious understanding
Art. 22 Official languages
States should provide minorities with adequate possibilities to learn the main official language; minorities should take the appropriate steps in order to learn the main official language of the state of residence.
Art. 23 Border recognition
(1) Minorities must recognize borders of the state of residence although this obligation must not hinder their right to self-determination as recognized by international law.
(2) Both minorities and majorities must not, by any means, use or support violence or terrorist methods to solve conflicts. In unsolved cases, international institutions and organizations must be addressed and concerned states must open negotiations.
CHAPTER IV RECOMMENDATIONS
Taking into consideration the need for more protection, preservation and consultation both at national and European level and for an enforceable legal framework on minority issues, we, the 180 participants of Cultures in Dialogue, make the following proposals:
Art. 24 Implementation
(1) We call upon all European individuals, people and governments to implement and comply with all provisions mentioned in the present Resolution.
(2) All institutions dealing with minority-majority relations should cooperate with NGOs, minority youth, civil society and Ombudsperson-like institutions.
Art. 25 Extensive standards
Provisions of this resolution are not to prevent institutional, legal, political and other frameworks in providing more extensive protection and intercultural dialogue.
Art. 26 International pressure
We call upon all countries to put economic, political and diplomatic pressure on those states that do not adhere to the principles mentioned in this resolution.
Art. 27 Commissioner on Minorities
We call upon the European Commission to make one commissioner responsible for EU minority policy.
Art. 28 Establish the Committee on Minorities
We call upon the Member States of the European Union to establish a Committee on Minorities, which is to be consulted on all issues related to minorities. This Committee should closely cooperate with the existent Advisory Committee on Minorities established by Council of Europe.
Art. 29 Additional protocol to ECHR
We call upon the Member States of Council of Europe to adopt an additional protocol on the rights of minorities to the European Convention on Human Rights inspired by this Resolution.