Strasbourg, 15 January 2014 ECRML (2014) 2 EUROPEAN CHARTER FOR REGIONAL OR MINORITY LANGUAGES APPLICATION OF THE CHARTER IN ARMENIA 3rd monitoring cycle A. Report of the Committee of Experts on the Charter B. Recommendation of the Committee of Ministers of the Council of Europe on the application of the Charter by Armenia The European Charter for Regional or Minority Languages provides for a control mechanism to evaluate how the Charter is applied in a State Party with a view to, where necessary, making recommendations for improving its legislation, policy and practices. The central element of this procedure is the Committee of Experts, set up under Article 17 of the Charter. Its principal purpose is to report to the Committee of Ministers on its evaluation of compliance by a Party with its undertakings, to examine the real situation of regional or minority languages in the State and, where appropriate, to encourage the Party to gradually reach a higher level of commitment. To facilitate this task, the Committee of Ministers adopted, in accordance with Article 15, paragraph 1, an outline for periodical reports that a Party is required to submit to the Secretary General. The report should be made public by the State. This outline requires the State to give an account of the concrete application of the Charter, the general policy for the languages protected under Part II and, in more precise terms, all measures that have been taken in application of the provisions chosen for each language protected under Part III of the Charter. The Committee of Experts’ first task is therefore to examine the information contained in the periodical report for all the relevant regional or minority languages on the territory of the State concerned. The Committee of Experts’ role is to evaluate the existing legal acts, regulations and real practice applied in each State for its regional or minority languages. It has established its working methods accordingly. The Committee of Experts gathers information from the respective authorities and from independent sources within the State, so as to attempt to obtain a fair and just overview of the real language situation. After a preliminary examination of an initial periodical report, the Committee of Experts submits, if necessary, a number of questions to each Party to obtain supplementary information from the authorities on matters it considers insufficiently developed in the report itself. This written procedure is usually followed up by an on-the-spot visit by a delegation of the Committee of Experts to the State in question. During this visit the delegation meets bodies and associations whose work is closely related to the use of the relevant languages, and consults the authorities on matters that have been brought to its attention. This information-gathering process is designed to enable the Committee of Experts to evaluate more effectively the application of the Charter in the State concerned. Having concluded this process, the Committee of Experts adopts its own report. This report is submitted to the Committee of Ministers, together with suggestions for recommendations that the latter may decide to address to the State Party. 2 Contents A. Report of the Committee of Experts on the application of the Charter in Armenia ................................................................................... 4 Chapter 1 Background information .......................................................................... 4 1.1 The Charter’s ratification by Armenia ................................................................. 4 1.2. The work of the Committee of Experts ............................................................... 4 1.3 Particular issues arising from the evaluation of the application of the Charter in Armenia ........................................................................................................... 4 1.4 Presentation of the regional or minority language situation: update................... 5 Chapter 2 Conclusions of the Committee of Experts on how the State authorities have reacted to the recommendations of the Committee of Ministers RecChL(2009)4 ..................................................................... 7 Chapter 3 The Committee of Experts’ evaluation in respect of Parts II and III of the Charter ................................................................................................ 8 3.1. The evaluation in respect of Part II of the Charter ............................................. 8 3.2. The evaluation in respect of Part III of the Charter .......................................... 12 3.2.1 Assyrian ....................................................................................................... 12 3.2.2 Greek ........................................................................................................... 26 3.2.3 Kurdish ........................................................................................................ 40 3.2.4 Russian ....................................................................................................... 52 3.2.5 Yezidi ........................................................................................................... 58 Chapter 4 Findings of the Committee of Experts in the third monitoring cycle .. 70 Appendix I: Instrument of ratification ...................................................................................................... 72 Appendix II: Comments from the Armenian authorities ......................................................................... 73 B. Recommendation of the Committee of Ministers of the Council of Europe on the application of the Charter by Armenia .......................... 85 3 A. Report of the Committee of Experts on the application of the Charter in Armenia adopted by the Committee of Experts on 20 June 2013 and presented to the Committee of Ministers of the Council of Europe in accordance with Article 16 of the Charter Chapter 1 Background information 1.1 The Charter’s ratification by Armenia 1. The Republic of Armenia signed the European Charter for Regional or Minority Languages (hereafter referred to as the Charter) on 11 May 2001 and deposited its instrument of ratification on 25 January 2002. The Charter entered into force in respect of Armenia on 1 May 2002. 2. The instrument of ratification is set out in Appendix I of this report. 1.2. The work of the Committee of Experts 3. Armenia’s third periodical report was due on 12 February 2011, but was presented to the Secretary General of the Council of Europe only on 11 October 2012. This report was made public on the website of the government, after being sent to the Council of Europe. 4. This third evaluation report is based on the information obtained by the Committee of Experts from the third periodical report of Armenia as well as from meetings held with representatives of the minority language speakers and the Armenian authorities during the on-the-spot visit, which took place from 5-7 March 2013. 5. The present report contains detailed observations and recommendations which the Armenian authorities are encouraged to take into account when developing their policy on regional or minority languages. On this basis, the Committee of Experts has also established a list of proposals for recommendations to be addressed to Armenia by the Committee of Ministers, as provided in Article 16 (4) of the Charter. 6. The present report was adopted by the Committee of Experts on 20 June 2013. 1.3 Particular issues arising from the evaluation of the application of the Charter in Armenia Reporting 7. The Committee of Experts regrets that the third periodical report was submitted by Armenia with a delay of nearly 20 months and that it does not always provide comprehensive and updated information on the application of the Charter. The information in the report is frequently too general to permit the Committee of Experts to reach a conclusion on the fulfilment of each undertaking. The Committee of Experts was also informed that the report was drafted without consulting the minority associations. This also affected the quality of the information presented in the report, as the views of and information from the speakers were not reflected in the content of the report. As the absence of comprehensive information hampers the effectiveness of the monitoring, the Committee of Experts encourages the Armenian authorities to include in their fourth periodical report concrete practical information on the application of all undertakings in respect of each minority language, as well as to ensure that the contributions from the speakers are presented in an appropriate way. 4 8. In order for the monitoring mechanisms to function properly, it is vital for States Parties to respect the integrity and independence of the members of the monitoring committees. During this monitoring period, the Armenian member of the Committee of Experts was told to refrain from attending a committee meeting, without any valid reason given. In the view of the Committee of Experts it is regrettable if governments unduly hamper the work of independent Council of Europe monitoring mechanisms. The Committee of Experts insists that experts appointed to the Committee should be free to act independently and should not be subject to any sanctions or restrictions in performing their activities regarding the Charter. Any other practices would be inconsistent with the principle of diligent implementation of commitments undertaken by the State