Framework Convention for the Protection of National Minorities – Assessment of the Articles
Article & Description From the Explanatory Report Achievements to date Proposed actions Article 1 The main purpose of Article 1 is to specify that the The Cornish are now recognised as a A plaque to celebrate The protection of national minorities and protection of national minorities, which forms an national minority within the UK as Cornish Minority Status of the rights and freedoms of persons integral part of the protection of human rights, does described in the Framework Convention being recognised belonging to those minorities forms an not fall within the reserved domain of States. The for the Protection of National Minorities. integral part of the international statement that this protection "forms an integral part of This follows an extensive campaign over protection of human rights, and as such the international protection of human rights" does not a long number of years by many falls within the scope of international co- confer any competence to interpret the present committed individuals and organisations, operation Framework Convention on the organs established by supported by Cornwall Council and the the ECHR. former County Council.
31. The article refers to the protection of national minorities as such and of the rights and freedoms of persons belonging to such minorities. This distinction and the difference in wording make it clear that no collective rights of national minorities are envisaged (see also the commentary to Article 3). The Parties do however recognise that protection of a national minority can be achieved through protection of the rights of individuals belonging to such a minority.
Article 2 32. This article provides a set of principles governing While this article refers to The provisions of this framework the application of the framework Convention. It is, inter relationships between Convention shall be applied in good faith, alia, inspired by the United Nations Declaration on States, the principles of in a spirit of understanding and tolerance Principles of International Law concerning Friendly good neighbourliness, and in conformity with the principles of Relations and Co-operation among States in accordance friendly relations and co- good neighbourliness, friendly relations with the Charter of the United Nations (General operation should underpin and co-operation between States. Assembly Resolution 2625 (XXV) of 24 October 1970). the Council’s response to The principles mentioned in this provision are of a the Framework Convention. general nature but do have particular relevance to the field covered by the framework Convention.
Article 3 34. Paragraph 1 firstly guarantees to every person 24 April – press release of the Develop a communications 1 Every person belonging to a national belonging to a national minority the freedom to choose announcement sent. plan to explain what the minority shall have the right freely to to be treated or not to be treated as such. This Framework Convention choose to be treated or not to be treated provision leaves it to every such person to decide Cllr Bert Biscoe wrote an article for the actually means. as such and no disadvantage shall result whether or not he or she wishes to come under the Western Morning News setting out what from this choice or from the exercise of protection flowing from the principles of the framework the announcement means. The communications plan the rights which are connected to that Convention. must also manage the choice. We have responded to individual expectations and 35. This paragraph does not imply a right for an requests asking for advice along with aspirations of the national 2 Persons belonging to national minorities individual to choose arbitrarily to belong to any national responding to a number of Freedom of minority and include may exercise the rights and enjoy the minority. The individual’s subjective choice is Information requests. encouragement of staff
1 v2 September 2015 Article & Description From the Explanatory Report Achievements to date Proposed actions freedoms flowing from the principles inseparably linked to objective criteria relevant to the adhering to the Cornish enshrined in the present framework person’s identity. Cornish Minority web page has been language policy and Convention individually as well as in launched. implement corporate community with others. 36. Paragraph 1 further provides that no disadvantage standards. shall arise from the free choice it guarantees, or from A short briefing on ‘Cornwall as a the exercise of the rights which are connected to that minority group’ was shared with the Produce an initial press choice. This part of the provision aims to secure that South West Equality Network, Voluntary article that explains what the enjoyment of the freedom to choose shall also not Community Sector Equality and Diversity the Governments statement be impaired indirectly. Theme Lead Group. This can be revised means, what minority and recirculated as part of the means and explain the Paragraph 2 Communications Plan. progress. This will also include an explanation of 37. Paragraph 2 provides that the rights and freedoms The Council has lobbied government on Article 3. This and flowing from the principles of the Framework the inclusion of Cornish as a nationality subsequent articles will be Convention may be exercised individually or in (tick box) and Cornish as a language promoted via other press community with others. It thus recognises the (tick box) in the 2021 census (Ref: open channels and the Council possibility of joint exercise of those rights and consultation ‘Office for National website. freedoms, which is distinct from the notion of collective Statistics: Public consultation on rights. The term "others" shall be understood in the proposed topics for the 2021 Census Develop a briefing widest possible sense and shall include persons questionnaire in England and Wales’) regarding what Cornish belonging to the same national minority, to another Minority Status means, national minority, or to the majority. what is happening, what has been done to share with partners and relevant groups across Cornwall (possibly in leaflet format).
Produce guidance/ information that sets out how an individual identifies themselves as a national minority – ensure guidance is published on website and shared with PSG and partners.
Consideration should be given to holding a six monthly summit with partners to gain a wider input and perspective.
2 v2 September 2015 Article 4 38. The purpose of this article is to ensure the A legal opinion has been provided with Understand and clarify the 1 The Parties undertake to guarantee to applicability of the principles of equality and non- regards to this article: “the Cornish meet definition of discrimination. persons belonging to national minorities discrimination for persons belonging to national the definition of ‘racial group’ under the This area is a concern as UK the right of equality before the law and of minorities. The provisions of this article are to be Equality Act 2010 possibly for ethnic Government seems to be equal protection of the law. In this understood in the context of this framework origins but most likely because of re-stating that a Cornish respect, any discrimination based on Convention. national origins. As a ‘racial group’ the individual can only prove belonging to a national minority shall be UK Government should recognise Cornish discrimination by going to prohibited. Paragraphs 1 and 2 as a national minority. I disagree that a Court. This seems to court ruling is required before a minority contradict the Framework 2 The Parties undertake to adopt, where 39. Paragraph 1 takes the classic approach to these group can be recognised under the Convention. necessary, adequate measures in order principles. Paragraph 2 stresses that the promotion of Framework Convention.” to promote, in all areas of economic, full and effective equality between persons belonging to Encourage people to report social, political and cultural life, full and a national minority and those belonging to the majority In addition, a legal opinion has been discrimination based on effective equality between persons may require the Parties to adopt special measures that provided with regards to legal their Cornish identity. belonging to a national minority and take into account the specific conditions of the persons implications of the of the Government’s those belonging to the majority. In this concerned. Such measures need to be "adequate", that decision to recognise the Cornish People respect, they shall take due account of is in conformity with the proportionality principle, in within the scope of the Framework the specific conditions of the persons order to avoid violation of the rights of others as well Convention – please see Sancho Brett’s belonging to national minorities. as discrimination against others. This principle requires, note which summarises failure to comply among other things, that such measures do not extend, would not be unlawful however the 3 The measures adopted in accordance in time or in scope, beyond what is necessary in order Council must apply its duty under the with paragraph 2 shall not be considered to achieve the aim of full and effective equality. Equality Act 2010 or Human Rights Act to be an act of discrimination. 1998. 40. No separate provision dealing specifically with the principle of equal opportunities has been included in the framework Convention. Such an inclusion was considered unnecessary as the principle is already implied in paragraph 2 of this article. Given the principle of non-discrimination set out in paragraph 1 the same was considered true for freedom of movement.
41. The purpose of paragraph 3 is to make clear that the measures referred to in paragraph 2 are not to be regarded as contravening the principles of equality and non-discrimination. Its aim is to ensure to persons belonging to national minorities’ effective equality along with persons belonging to the majority.
Article 5 42. This article essentially aims at ensuring that At the Government’s request we Maintain a dialogue with the 1 The Parties undertake to promote the persons belonging to national minorities can maintain provided input to the Compliance report Government (e.g. CLG and conditions necessary for persons and develop their culture and preserve their identity. - which was released on 8 April 2015. I the Electoral Commission) belonging to national minorities to suspect that the Government will to ensure that it is ensuring maintain and develop their culture, and Paragraph 1 anticipate Cornwall continuing to shape compliance within to preserve the essential elements of the State Report. Two page summary Whitehall.
3 v2 September 2015 their identity, namely their religion, 43. Paragraph 1 contains an obligation to promote the was included in the UK Government language, traditions and cultural necessary conditions in this respect. It lists four Fourth report on the language and Identify and engage with heritage. essential elements of the identity of a national culture of Cornwall. the key stakeholders who minority. This provision does not imply that all ethnic, will be required as groups 2 Without prejudice to measures taken in cultural, linguistic or religious differences necessarily The Council promotes Cornish Heritage to engage with to develop pursuance of their general integration lead to the creation of national minorities (see in this through press releases (Cornish the first and subsequent policy, the Parties shall refrain from regard the report of the CSCE meeting of experts, held Language, Celtikup yacht race) features Compliance Reports. policies or practices aimed at assimilation in Geneva in 1991, section II, paragraph 4). on the website (St Piran Trail, The of persons belonging to national Engine House Trail, Wheal Peevor Mine Cornish language funding – minorities against their will and shall 44. The reference to "traditions" is not an endorsement Site) providing funding (Maga, Archives The Council had hoped to protect these persons from any action or acceptance of practices which are contrary to and Cornish Studies), providing officers secure funding on a five aimed at such assimilation. national law or international standards. Traditional to assist with different projects and year basis for the Cornish practices remain subject to limitations arising from the through various Members eg Cllrs language as part of the requirements of public order. German, Cole, Biscoe. Deal and had verbal commitment from the Paragraph 2 The Culture Investment Board was Government. We will established to bring together public request this as part of the 45. The purpose of paragraph 2 is to protect persons sector funders to support the Spending Review belonging to national minorities from assimilation development of culture in Cornwall. It against their will. It does not prohibit voluntary works with the Cornish Cultural We will continue to pursue assimilation. Partnership who represents the views of aspects of the Case for the cultural sector in Cornwall. Cornwall that are not in the 46. Paragraph 2 does not preclude the Parties from Cornwall Deal. taking measures in pursuance of their general The Council promotes Cornwall’s festivals integration policy. It thus acknowledges the importance via a webpage. The need to use the of social cohesion and reflects the desire expressed in Framework Convention to the preamble that cultural diversity be a source and a There are several volunteer and lobby the Government factor, not of division, but of enrichment to each community groups working across the against the ‘Devonwall’ society. South West. These include Cornwall parliamentary constituency Archaeology Society, The Conservation proposals. Volunteers, the Isles of Scilly Community Archaeology Group, the Cornish Ancient Sites Protection Network, the Lizard Ancient Sites Network and Meneage Archaology Group. For more information see the Council’s current projects and the Council Archaeological Unit community projects.
The Council has a dedicated Economic Development and Culture Service. Part of the services remit is to support the development of the cultural and creative sector in Cornwall, overseeing Council owned cultural assets, developing the use of the Cornish Language, our
4 v2 September 2015 UNESCO Word Heritage Site designation, the Archive and Cornish Studies Service and investment into strategic cultural organisations.
The Council promotes Cornish events such as St Piran’s Day internally, by putting on events, putting up posters, flying Cornish flags, sending out communications etc. The Cornish Flag is flown at New County Hall at all times. The Council also translates titles, forewords and executive summaries into Cornish. Cornish Language lessons are put on during lunchtime for employees to learn Cornish if they wish to.
The Cornish are involved with and contribute to various and diverse cross- frontier events and festivals and these include: • Celtic Media Festival, with work submitted each year. • Lorient festival in Brittany. Festival Interceltique de Lorient: 7-16 August 2015. Cornwall has played a key role in this interceltic festival for many years and this year Cornwall is the guest of honour alongside the Isle of Man. The Council has provided financial and in kind support. • Lowender Peran. Cornwall-based Celtic festival which welcomes performers from all the Celtic nations each year. • Aberfest – Cornish-Breton exchange. • Cornish traditional musicians and dancers visit festivals in the other Celtic countries every year. • Pan Celtic Song Festival
Cornwall is renowned for its creativity, craftsmanship and wholesome food and drink. The Council promotes produce and
5 v2 September 2015 crafts made in Cornwall through Trading Standards Service ‘Made in Cornwall’ scheme (the Approved Origin scheme as it is officially known). With over 600 members (ranging from individual crafts people to internationally trading manufacturing companies) it is the largest scheme in the UK.
The Council hosts the Finistere-Cornwall Cooperation Officer as part of cooperation between the Council and Conseil general du Finistere (more detail under Article 18). A £11.7 million Heritage Lottery Fund (HLF) award to the Council (with £4.6m contribution by the Council) to create Kresen Kernow, an inspirational new archive centre on the site of ther fo mer Redruth Brewery. This new building, complete with cutting edge digital facilities, will help people across the globe learn more about Cornwall and its rich culture and history. (ref: http://www. cornwall.gov.uk/council- and-democracy/council-news-room/ releases/news-from-2015/news-from- august-2015/kresen-kernow-secures- 117m-investment-thanks-to-national- lottery-players/) The Council has outlined the ambitions for Cornwall in the Case for Cornwall and will deliver many of these in the Cornwall Deal.
A devolution deal for Cornwall has been signed between the UK Government and the Council (July 2015). It recognises Cornwall’s rich and unique heritage, including its historic revived language and passionate communities, and that this cultural distinctiveness is an important factor in Cornwall’s local economy. This includes the creation of a
6 v2 September 2015 Cornish Heritage Environment Forum so that Cornwall can develop their vision for heritage at a more local level. One of the specific proposals commits the Council and Historic England to jointly produce a study of the cultural distinctiveness of Cornwall's historic environment. This will inform the work of the new Cornish Historic Environment Forum and the development of the Framework Convention for National Minorities (FCNM).
Cornwall has Observer Status on the British Irish Council which it holds courtesy of its distinct language and takes part in the British Irish Council’s Indigenous and Minority Languages working group. It is also a member of the Network for the Promotion of Linguistic Diversity, which promotes and encourages the exchange of good practice, links and practical joint projects.
Article 6 47. This article is an expression of the concerns stated The Council has put together useful Introduce monitoring of 1 The Parties shall encourage a spirit of in Appendix III to the Vienna Declaration (Declaration information detailing how to report hate crime data including hate tolerance and intercultural dialogue and and Plan of Action on combating racism, xenophobia, crime and a list of organisations who can crime against the Cornish. take effective measures to promote anti-Semitism and intolerance). help victims of hate of crime. mutual respect and understanding and Agree with the Police, Police co-operation among all persons living on Paragraph 1 The Council includes Cornish in all Commissioner and the Safer their territory, irrespective of those monitoring and analysis of the population Cornwall Partnership: persons’ ethnic, cultural, linguistic or 48. Paragraph 1 stresses a spirit of tolerance and of Cornwall. religious identity, in particular in the intercultural dialogue and points out the importance of • Definition of Cornish fields of education, culture and the the Parties’ promoting mutual respect, understanding The Council has now moved from the hate crime media. and co-operation among all who live on their territory. Equality Impact Assessments to the • Recording of Cornish The fields of education, culture and the media are Comprehensive Impact Assessment, this hate crime 2 The Parties undertake to take specifically mentioned because they are considered process helps us to improve delivery of • Recording of Cornish appropriate measures to protect persons particularly relevant to the achievement of these aims. services to our communities by: as a national minority who may be subject to threats or acts of discrimination, hostility or violence as a 49. In order to strengthen social cohesion, the aim of • Ensuring that our services are free This also relates to the result of their ethnic, cultural, linguistic this paragraph is, inter alia, to promote tolerance and from discrimination issue of the ‘group’ being or religious identity. intercultural dialogue, by eliminating barriers between • Ensuring that we identify and recognised as a racial group persons belonging to ethnic, cultural, linguistic and address customer needs and not just the individual. religious groups through the encouragement of • Improving transparency around the
7 v2 September 2015
intercultural organisations and movements which seek decisions we make Also links to the Home to promote mutual respect and understanding and to • Identifying and mitigating risks. Office initiative of integrate these persons into society whilst preserving ‘Challenge it, Report it, their identity. In the most recent staff survey Stop it’ responses from those identifying as Paragraph 2 Cornish has been drawn out and this will Encourage people to report help inform HR policy and practice along hate crime (investigate 50. This provision is inspired by paragraph 40.2 of the with responses from other groups. potential to link up with Age Copenhagen Document of the CSCE. This obligation UK and Citizens Advice aims at the protection of all persons who may be All our key decisions are comprehensive Bureau to do this). subject to threats or acts of discrimination, hostility or impact assessed and as part of this violence, irrespective of the source of such threats or process officers are asked to consider acts. the impacts on the Cornish and rurality (this is supported by an evidence base and using the data about service users, criminal data, community profiles).
Both Members and Employees have a Code of Conduct which although does not specifically mention Cornish, the principles are across all protected characteristics and outlines what the Council sets as acceptable behaviour and language to be used.
The Council Induction includes lots of information on Cornwall as a place and about its culture and heritage.
All our complaints are dealt with in a positive and pro-active way where appropriate, to our knowledge there have not been any complaints relating to Cornishness which have been responded to inappropriately.
The Council has access to excellent data sets and uses these when making decisions about services delivery. The Council promotes the use of the Cornish Language and provides employees with the opportunities to learn Cornish, it also promotes the language through its internal communication channels.
The recruitment process to the Council is
8 v2 September 2015
monitored at each stage (i.e. application, interview, successful), positive action is only undertaken where there is a proportionate need. Firstly appointments are made on merit and only when there are two candidates scoring exactly the same would positive action come into action.
With regard to rurality, there is no one size fits all solution, each area would be impact assessed and the need for that community would be taken into account. The Council are looking at providing robust guidance about how rurality is taken into consideration through the decision making process, work is being done on strengthening the Comprehensive Impact assessment and will be finalised shortly.
Communities will have different needs which need to be looked at and decisions need to incorporate these, what will be a barrier for one area, another area will see as a strength.
Article 7 51. The purpose of this article is to guarantee respect The Council have collected data and have Inform all public sectors, The Parties shall ensure respect for the for the right of every person belonging to a national carried out equality monitoring since VCS, Government right of every person belonging to a minority to the fundamental freedoms mentioned 2006 when it was agreed by Members at department’s et al of the national minority to freedom of peaceful therein. These freedoms are of course of a universal Full Council. requirement to record/state assembly, freedom of association, nature, that is they apply to all persons, whether ‘Cornish’ and collect data. freedom of expression, and freedom of belonging to a national minority or not (see, for There is equality monitoring guidance thought, conscience and religion. instance, the corresponding provisions in Articles 9, 10 and forms on the Council intranet which Report and briefing to the and 11 of the ECHR), but they are particularly relevant is then analysed to identify areas which Public Sector group. for the protection of national minorities. For the need improvement to ensure equality of reasons stated above in the commentary on the access both in terms of service delivery preamble, it was decided to include certain and employment opportunities. undertakings which already appear in the ECHR. The Corporate Equality and Diversity 52. This provision may imply for the Parties certain Framework refers to collecting data on positive obligations to protect the freedoms mentioned Cornish: We will make sure that we against violations which do not emanate from the collect data about Cornish ethnicity and State. Under the ECHR, the possibility of such positive encourage our partners to also do so. obligations has been recognised by the European Court This will include analysing the results of
9 v2 September 2015
of Human Rights. the 2011 Census, which while not having a tick box for Cornish, does allow people 53. Some of the freedoms laid down in Article 7 are to write Cornish under national identify elaborated upon in Articles 8 and 9. and ethnic group. We will make this information available so that we are telling the whole story about Cornwall and its communities.
Bewnans Kernow has fed into the equality monitoring form and was also part of an evidence gathering exercise with the voluntary sector to try and ascertain how many organisations collect data on the Cornish. Bewnans Kernow has changed its policy to collect equality data and influence partners to do so.
Bewnans Kernow is a member of the Voluntary Community Sector Equality and Diversity Theme Lead Group, this group has the opportunity to feed into various programmes of work either through the meeting of via email. The directory of attendees is used as appropriate for consultation.
The Council has shared the forms with the voluntary sector advising them it was best practice to carry out equality monitoring and encouraged organisations to adopt the Council equality monitoring form which includes Cornish, however the Council cannot make these small organisations use the forms.
The Council is improving its knowledge of the section of the community that has Cornish identity/ethnicity in the following ways: • When the Council carries out surveys with its communities, an equality monitoring form is included; our equality monitoring forms monitor Cornish ethnicity. • Pushing for the Census to have a tick box for Cornish which should
10 v2 September 2015
improve the completion rate. • Equality monitoring is carried out and analysed at every stage of the recruitment process. • Employees are encouraged to complete their equality information against their personnel files. • Service delivery is based on need, if a customer identifies as Cornish their needs are taken into account. • Most of our larger documents reflect the Cornish Language, translating the executive summaries or foreword into Cornish. • The ‘Case for Cornwall’ reflects the ratification of the Cornish Language under the European Charter of Regional or Minority Languages. It also reflects the recognition of the Cornish as a national minority.
Article 8 54. This article lays down more detailed rules for the The Parties undertake to recognise that protection of freedom of religion than Article 7. It every person belonging to a national combines several elements from paragraphs 32.2, 32.3 minority has the right to manifest his or and 32.6 of the CSCE Copenhagen Document into a her religion or belief and to establish single provision. This freedom of course applies to all religious institutions, organisations and persons and persons belonging to a national minority associations. should, in accordance with Article 4, enjoy it as well. Given the importance of this freedom in the present context, it was felt particularly appropriate to give it special attention.
Article 9 55. This article contains more detailed rules for the BBC Radio Cornwall broadcasts An Investigate how the Cornish 1 The Parties undertake to recognise that protection of the freedom of expression than Article 7. Nowodhow, a five-minute news media can be used to the right to freedom of expression of programme on a Sunday afternoon. In promote/provide Cornish every person belonging to a national Paragraph 1 addition, presenters occasionally use culture, history and minority includes freedom to hold phrases in Cornish to introduce language based information opinions and to receive and impart 56. The first sentence of this paragraph is modelled on programmes and there are occasional and programmes across a information and ideas in the minority the second sentence of Article 10, paragraph 1, of the items concerning Cornish or teaching a range of media formats. language, without interference by public ECHR. Although the sentence refers specifically to the few words. authorities and regardless of frontiers. freedom to receive and impart information and ideas in Input into the review of the The Parties shall ensure, within the the minority language, it also implies the freedom to Radyo an Gernewegva is a web-based BBC Charter for local radio framework of their legal systems that receive and impart information and ideas in the service which provides an hour of and television.
11 v2 September 2015
persons belonging to a national minority majority or other languages. programming a week, consisting of a mix are not discriminated against in their of chat, news and interviews in Cornish In addition to explaining access to the media. 57. The second sentence of this paragraph contains an plus music in Cornish or instrumental what the Framework undertaking to ensure that there is no discrimination in passages from Cornwall and the other Convention means to local 2 Paragraph 1 shall not prevent Parties access to the media. The words "in the framework of Celtic nations. The programme is now and national media groups from requiring the licensing, without their legal systems" were inserted in order to respect also broadcast by several community (Article 9). discrimination and based on objective constitutional provisions which may limit the extent to radio stations – Source FM, St Austell criteria, of sound radio and television which a Party can regulate access to the media. Bay Radio, Penwith Radio. There is no Areas to cover are: broadcasting, or cinema enterprises. televised broadcast provision in Cornish. Paragraph 2 Investigate best practice 3 The Parties shall not hinder the creation from Scotland and Wales and the use of printed media by persons 58. This paragraph is modelled on the third sentence of The Cornish are involved with and belonging to national minorities. In the Article 10, paragraph 1, of the ECHR. contribute to various and diverse cross- Investigate how Cornish legal framework of sound radio and frontier events and festivals, including (culture, history, language) television broadcasting, they shall 59. The licensing of sound radio and television the Celtic Media Festival, with work can be included in current ensure, as far as possible, and taking into broadcasting, and of cinema enterprises, should be submitted each year. (see article 5 broadcasting provision account the provisions of paragraph 1, non-discriminatory and be based on objective criteria. above for additional information) that persons belonging to national The inclusion of these requirements, which are not Investigate how future minorities are granted the possibility of expressly mentioned in the third sentence of Article 10, broadcasting provision can creating and using their own media. paragraph 1, of the ECHR, was considered important be improved and increased for an instrument designed to protect persons – funding, media 4 In the framework of their legal belonging to a national minority. type/format , channels of systems, the Parties shall adopt adequate delivery measures in order to facilitate access to 60. The words "sound radio", which also appear in the media for persons belonging to paragraph 3 of this article, do not appear in the national minorities and in order to corresponding sentence in Article 10 of the ECHR. They promote tolerance and permit cultural are used in order to reflect modern terminology and do pluralism. not imply any material difference in meaning from Article 10 of the ECHR.
Paragraph 3
61. The first sentence of this paragraph, dealing with the creation and use of printed media, contains an essentially negative undertaking whereas the more flexibly worded second sentence emphasises a positive obligation in the field of sound radio and television broadcasting (for example the allocation of frequencies). This distinction reflects the relative scarcity of available frequencies and the need for regulation in the latter field. No express reference has been made to the right of persons belonging to a national minority to seek funds for the establishment of media, as this right was considered self-evident.
Paragraph 4
12 v2 September 2015
62. This paragraph emphasises the need for special measures with the dual aim of facilitating access to the media for persons belonging to national minorities and promoting tolerance and cultural pluralism. The expression "adequate measures" was used for the reasons given in the commentary on Article 4, paragraph 2 (see paragraph 39), which uses the same words. The paragraph complements the undertaking laid down in the last sentence of Article 9, paragraph 1. The measures envisaged by this paragraph could, for example, consist of funding for minority broadcasting or for programme productions dealing with minority issues and/or offering a dialogue between groups, or of encouraging, subject to editorial independence, editors and broadcasters to allow national minorities access to their media.
Article 10 Paragraph 1 The Council has a Cornish Language Consider extending the 1 The Parties undertake to recognise that Policy (November 2013) which is due to Council’s Language Plan to every person belonging to a national 63. The recognition of the right of every person be refreshed/revised in late 2015. the rest of the public sector minority has the right to use freely and belonging to a national minority to use his or her in Cornwall. Must link to without interference his or her minority minority language freely and without interference is Cornish Language Partnership has been PSG requirements in Article language, in private and in public, orally particularly important. The use of the minority set up to oversee the implementation of 7. and in writing. language represents one of the principal means by the Cornish Language Development which such persons can assert and preserve their Strategy. The Government has provided Develop and implement a 2 In areas inhabited by persons identity. It also enables them to exercise their freedom funding to the Cornish Language language policy for adoption belonging to national minorities of expression. "In public" means, for instance, in a Partnership since 2006 (£120,000 in by Cornwall Council that traditionally or in substantial numbers, if public place, outside, or in the presence of other 2014-15). sets out: those persons so request and where such persons but is not concerned in any circumstances with a request corresponds to a real need, the relations with public authorities, the subject of This process will be supported by the • The use of Cornish in Parties shall endeavour to ensure, as far paragraph 2 of this article. national minority status and will reflect Council documents as possible, the conditions which would the various applicable Framework and policies make it possible to use the minority Paragraph 2 Convention Articles. • Cornwall Council language in relations between those signage persons and the administrative 64. This provision does not cover all relations between The Council have included Cornish • Business stationery authorities. individuals belonging to national minorities and public language to the following: • Reception practices authorities. It only extends to administrative • Email signature template • Answering the 3 The Parties undertake to guarantee the authorities. Nevertheless, the latter must be broadly • Letterhead template telephone right of every person belonging to a interpreted to include, for example, ombudsmen. In • Building signage • Website national minority to be informed recognition of the possible financial, administrative, in • Staff learning Cornish promptly, in a language which he or she particular in the military field, and technical difficulties Contact centre – last year contact centre • Street and highway understands, of the reasons for his or her associated with the use of minority languages in staff said ‘hello’ in Cornish during signage arrest, and of the nature and cause of relations between persons belonging to national Cornish Language week. They are also • Housing and business any accusation against him or her, and to minorities and the administrative authorities, this scheduled to repeat this for this year (4- development names defend himself or herself in this provision has been worded very flexibly, leaving Parties 13 July 2015). An automated welcome
13 v2 September 2015
language, if necessary with the free a wide measure of discretion. message would require an additional assistance of an interpreter. payment to BT Cornwall to re-record the 65. Once the two conditions in paragraph 2 are met, automated welcome message – this Parties shall endeavour to ensure the use of a minority hasn’t yet been done. language in relations with the administrative authorities as far as possible. The existence of a "real need" is to A number of learning lunches were run be assessed by the State on the basis of objective within Council offices for staff to learn criteria. Although contracting States should make every Cornish and created Klub Kernewek e- effort to apply this principle, the wording "as far as lessons. In addition, some students went possible" indicates that various factors, in particular the on to produce a film series Tamm ha financial resources of the Party concerned, may be Tamm. taken into consideration. ‘Cornish’ is one of the language options 66. The Parties’ obligations regarding the use of on libraries self-service machines. minority languages do not in any way affect the status of the official language or languages of the country The council translates the foreword in concerned. Moreover, the framework Convention some of our policies into Cornish. deliberately refrains from defining "areas inhabited by persons belonging to national minorities traditionally or Large scale attractions, such as in substantial numbers". It was considered preferable Heartlands, are providing bilingual to adopt a flexible form of wording which will allow material and using the language in their each Party’s particular circumstances to be taken into marketing. account. The term "inhabited ... traditionally" does not refer to historical minorities, but only to those still The Library service holds books for all living in the same geographical area (see also Article ages written in Cornish along with a 11, paragraph 3, and Article 14, paragraph 2). number of Cornish Language courses and Dictionaries for those who wish to learn Paragraph 3 the language.
67. This paragraph is based on certain provisions There is a link to the Cornish Language contained in Articles 5 and 6 of the European Partnership website from the Library Convention on Human Rights. It does not go beyond ‘Learn a Language’ web pages. the safeguards contained in those articles. Libraries particularly promote culture and language learning through displays of stock and activities around special events e.g. Gorsedh being held in town; St Piran’s Day. When the Gorsedh was in Camelford, for example, they promoted Cornish Language books and books written by bards and displayed the winning entries for that year’s Gorsedh in the library.
Article 11 Paragraph 1 The Council has adopted a policy of Need to ensure the use of
14 v2 September 2015
1 The Parties undertake to recognise that Cornish language and bilingual street Cornish names for new every person belonging to a national 68. In view of the practical implications of this names, we will promote Cornish on housing developments, minority has the right to use his or her obligation, the provision is worded in such a way as to village nameplates, street nameplates street names etc. surname (patronym) and first names in enable Parties to apply it in the light of their own and county boundary signs only. We Understand the Licensing the minority language and the right to particular circumstances. For example, Parties may use have also recently erected an advance parameters. (Address official recognition of them, according to the alphabet of their official language to write the direction sign with the name of the Management Team) modalities provided for in their legal name(s) of a person belonging to a national minority in junction in Cornish. In addition the policy system. its phonetic form. Persons who have been forced to encourages new street names in Cornish Lobby for Cornish place- give up their original name(s), or whose name(s) has only. Some developers are requesting names on road traffic signs 2 The Parties undertake to recognise that (have) been changed by force, should be entitled to translation services and recently there (governed by the Road every person belonging to a national revert to it (them), subject of course to exceptions in has been work on a major development Traffic sign regulations) minority has the right to display in his or the case of abuse of rights and changes of name(s) for scheme by the Duchy of Cornwall, which her minority language signs, inscriptions fraudulent purposes. It is understood that the legal will have Cornish street names. To date and other information of a private nature systems of the Parties will, in this respect, meet approximately 14% of the street names visible to the public. international principles concerning the protection of in Cornwall are bilingual. national minorities. 3 In areas traditionally inhabited by Business is increasingly using Cornish to substantial numbers of persons belonging Paragraph 2 brand their products and within their to a national minority, the Parties shall advertising. This is particularly noticeable endeavour, in the framework of their 69. The obligation in this paragraph concerns an in the food industry, but also applies to legal system, including, where individual’s right to display "in his or her minority other sectors. In addition large scale appropriate, agreements with other language signs, inscriptions and other information of a attractions, such as Heartlands, are States, and taking into account their private nature visible to the public". This does not, of providing bilingual material and using specific conditions, to display traditional course, exclude persons belonging to national the language in their marketing. This is local names, street names and other minorities from being required to use, in addition, the partly aimed at the visitor, showing the topographical indications intended for the official language and/or other minority languages. The distinctiveness of Cornwall but also public also in the minority language when expression "of a private nature" refers to all that is not because of the sense of ownership of the there is a sufficient demand for such official. language and culture among local indications. people. Paragraph 3 Notable recent developments have been 70. This article aims to promote the possibility of the adoption of bilingual signage by a having local names, street names and other major supermarket at Hayle, working topographical indications intended for the public also in with English Heritage on signage at the minority language. In implementing this principle Tintagel and signage at police stations, the States are entitled to take due account of the the Council and other public buildings. specific circumstances and the framework of their legal systems, including, where appropriate, agreements with other States. In the field covered by this provision, it is understood that the Parties are under no obligation to conclude agreements with other States. Conversely, the possibility of concluding such agreements is not ruled out. It is also understood that the legally binding nature of existing agreements remains unaffected. This provision does not imply any official recognition of local names in the minority languages.
15 v2 September 2015
Article 12 1. This article seeks to promote knowledge of the The Sense of Place initiative provides Investigate opportunities to 1 The Parties shall, where appropriate, culture, history; language and religion of both national schools with an extensive online library for support for schools on take measures in the fields of education minorities and the majority population in an of learning materials relating to Cornish how to incorporate Cornish and research to foster knowledge of the intercultural perspective (see Article 6, paragraph 1). culture, history, language and religion. It language, culture and culture, history, language and religion of The aim is to create a climate of tolerance and also provides teacher training history in the curriculum their national minorities and of the dialogue, as referred to in the preamble to the opportunities and supports the majority. Framework Convention and in Appendix II of the curriculum development process within Teaching of Cornish history Vienna Declaration of the Heads of State and schools. However, schools participation and culture part of the 2 In this context the Parties shall inter Government. in such initiatives is not mandatory. curriculum in Cornish alia provide adequate opportunities for schools. teacher training and access to textbooks, The list in the second paragraph is not exhaustive The Council collects information on the and facilitate contacts among students whilst the words "access to textbooks" are understood ethnicity of school children, including Teaching of Cornish and teachers of different communities. as including the publication of textbooks and their those identifying as Cornish (48% in language – access to purchase in other countries. The obligation to promote 2014 – a rise of 102% since 2006). learning language at or 3 The Parties undertake to promote equal equal opportunities for access to education at all levels through schools. opportunities for access to education at for persons belonging to national minorities reflects a The Cornish Language Partnership all levels for persons belonging to concern expressed in the Vienna Declaration. website lists a number of resources such national minorities. as books, historical texts, CDs etc that are available in Cornish and have produced a dictionary specifically for use in schools.
The Cornish Language Partnership sent Cornish Christmas Resource packs to every school in Cornwall – which included recipes, carols, dances, a Christmas play and ideas for making Christmas cards in Cornish, plus a CD to help with pronunciation.
A strand of Kernow Bys Vyken ‘Cornwall Forever’ includes the production and publishing of new interactive units of work that teachers can draw upon to support pupil learning. The content of the curriculum units will focus on Cornish history and culture (exact detail yet to be developed). Primary and secondary school pupils have been consulted on to shape the content of the units of work.
Launceston Library held workshops for children with ‘Mark the Miner’. The aim was to explore Cornish language and the Cornish mining heritage. In 2013 they
16 v2 September 2015
celebrated 10 years of Cornish being recognised under the European Charter for regional or minority languages working with the Cornish Language Partnership. Children and teachers learned some Cornish. The children, parents and teachers took away language cards and website details to continue learning at home/ school.
St Austell Library is building series of events for Gorsedh is. They recently held an event to celebrate Cornish Language and culture and to promote the language to young people from a local school with the support of MAGA.
Similarly, the recent excavation of St Piran’s Oratory, an important early medieval chapel, has attracted international interest and this will help to develop and maintain the distinct cultural heritage of the Cornish.
In 2013, the Council completed the development of its Agreed Syllabus for Religious Education which places a strong emphasis on the distinctive narrative of religion in Cornwall through its Curriculum Kernewek (Cornish Curriculum) units. Amongst other things, the syllabus helps Cornish children to understand the origins of local celebrations, how Christianity came to Cornwall, the Celtic Church, the Prayer Book War of 1549, the growth of non-conformity, especially Methodism and Quakerism, and the translation of the New Testament into Cornish.
The Council hosts the Cornish Mining World Heritage Site Office (CMWHSO) that works to preserve and promote the 20,000 hectares of the UNESCO recognized mining heritage across Cornwall. There is a Management Plan
17 v2 September 2015
(2013-18) in place to meet the requirements of UNESCO. In 2010 £2.4m was invested via the ‘Discover the Extraordinary’ project to improve facilities to improve the physical fabric, stakeholder engagement, and improve business benefit from the World Heritage Site status. The Office promotes learning about mining heritage and in 2015 the CMWHSO supported the production and distribution of the micro- budget film Tin based on the Cornish novel published in the late nineteenth century.
Article 13 Paragraph 1 Need to understand the 1 Within the framework of their education Governments briefing to systems, the Parties shall recognise that 72. The Parties’ obligation to recognise the right of Departments especially the persons belonging to a national minority persons belonging to national minorities to set up and Department for Education have the right to set up and to manage manage their own private educational and training their own private educational and training establishments is subject to the requirements of their Briefing to Cornwall establishments. educational system, particularly the regulations relating Association of Primary to compulsory schooling. The establishments covered Headteachers, Cornwall 2 The exercise of this right shall not by this paragraph may be subject to the same forms of Association of Secondary entail any financial obligation for the supervision as other establishments, particularly with Headteachers – what the Parties. regard to teaching standards. Once the required Framework Convention is standards are met, it is important that any and how it affects schools qualifications awarded are officially recognised. The relevant national legislation must be based on objective criteria and conform to the principle of non- discrimination.
Paragraph 2
73. The exercise of the right referred to in paragraph 1 does not entail any financial obligation for the Party concerned, but neither does it exclude the possibility of such a contribution.
Article 14 Paragraph 1 A number of learning lunches were run Work with the relevant 1 The Parties undertake to recognise that within council offices for staff to learn specialist groups to every person belonging to a national 74. The obligation to recognise the right of every Cornish and created Klub Kernewek e- investigate and develop minority has the right to learn his or her person belonging to a national minority to learn his or lessons. In addition, some students went ways to increase uptake. minority language. her minority language concerns one of the principal on to produce a film series Tamm ha means by which such individuals can assert and Tamm.
18 v2 September 2015
2 In areas inhabited by persons preserve their identity. There can be no exceptions to belonging to national minorities this. Without prejudice to the principles mentioned in Courses in Cornish are available to adults traditionally or in substantial numbers, if paragraph 2, this paragraph does not imply positive through evening classes, intensive there is sufficient demand, the Parties action, notably of a financial nature, on the part of the courses and online study. A portal shall endeavour to ensure, as far as State. website provides information on all possible and within the framework of options available to the learner and also their education systems, that persons Paragraph 2 provides basic learning material. belonging to those minorities have Numbers enrolling on the online course, adequate opportunities for being taught 75. This provision concerns teaching of and instruction which began in 2013, stand at 600. Day the minority language or for receiving in a minority language. In recognition of the possible schools to support online learners started instruction in this language. financial, administrative and technical difficulties in 2015. associated with instruction of or in minority languages, 3 Paragraph 2 of this article shall be this provision has been worded very flexibly, leaving School children involved in the St Piran’s implemented without prejudice to the Parties a wide measure of discretion. The obligation to Day Parade. 5,000 people attended the learning of the official language or the endeavour to ensure instruction of or in minority St Piran’s Day celebrations in Redruth in teaching in this language. languages is subject to several conditions; in particular, 2014, and many thousands more there must be "sufficient demand" from persons celebrated across Cornwall, the UK and belonging to the relevant national minorities. The in communities of Cornish descent wording "as far as possible" indicates that such around the world. instruction is dependent on the available resources of the Party concerned.
76. The text deliberately refrains from defining "sufficient demand", a flexible form of wording which allows Parties to take account of their countries’ own particular circumstances. Parties have a choice of means and arrangements in ensuring such instruction, taking their particular educational system into account.
77. The alternatives referred to in this paragraph – "opportunities for being taught the minority language or for receiving instruction in this language" – are not mutually exclusive. Even though Article 14, paragraph 2, imposes no obligation upon States to do both, its wording does not prevent the States Parties from implementing the teaching of the minority language as well as the instruction in the minority language. Bilingual instruction may be one of the means of achieving the objective of this provision. The obligation arising from this paragraph could be extended to pre- school education.
Paragraph 3
78. The opportunities for being taught the minority language or for receiving instruction in this language
19 v2 September 2015
are without prejudice to the learning of the official language or the teaching in this language. Indeed, knowledge of the official language is a factor of social cohesion and integration.
79. It is for States where there is more than one official language to settle the particular questions which the implementation of this provision shall entail.
Article 15 80. This article requires Parties to create the conditions Case for Cornwall seeks to devolve Need to understand how The Parties shall create the conditions necessary for the effective participation of persons decisions and powers to Cornwall so we the Cornish are involved in necessary for the effective participation belonging to national minorities in cultural, social and can have greater control over our own cultural, social and of persons belonging to national economic life and in public affairs, in particular those affairs and built up good relationships economic life and in public minorities in cultural, social and economic affecting them. It aims above all to encourage real with civil servants. affairs. life and in public affairs, in particular equality between persons belonging to national those affecting them. minorities and those forming part of the majority. In The Council regularly responds to Decide how monitoring, order to create the necessary conditions for such Government consultations to ensure lobbying of Government can participation by persons belonging to national Cornwall’s views are taken into account. be undertaken to make sure minorities, Parties could promote – in the framework of the Cornish are considered their constitutional systems – inter alia the following in decisions. This will be measures: more relevant for decisions directly affecting Cornwall. – consultation with these persons, by means of appropriate procedures and, in particular, through their representative institutions, when Parties are contemplating legislation or administrative measures likely to affect them directly;
– involving these persons in the preparation, implementation and assessment of national and regional development plans and programmes likely to affect them directly;
– undertaking studies, in conjunction with these persons, to assess the possible impact on them of projected development activities;
– effective participation of persons belonging to national minorities in the decision-making processes and elected bodies both at national and local levels;
– Decentralised or local forms of government.
Article 16 81. The purpose of this article is to protect against Continue to emphasise to The Parties shall refrain from measures measures which change the proportion of the interested parties that this which alter the proportions of the population in areas inhabited by persons belonging to article needs to be
20 v2 September 2015
population in areas inhabited by persons national minorities and are aimed at restricting the considered in the whole, belonging to national minorities and are rights and freedoms which flow from the present rather than in part. aimed at restricting the rights and Framework Convention. Examples of such measures freedoms flowing from the principles might be expropriation, evictions and expulsions or enshrined in the present framework redrawing administrative borders with a view to Convention. restricting the enjoyment of such rights and freedoms ("gerrymandering").
82. The article prohibits only measures which are aimed at restricting the rights and freedoms flowing from the Framework Convention. It was considered impossible to extend the prohibition to measures having the effect of restricting such rights and freedoms, since such measures may sometimes be entirely justified and legitimate. One example might be resettlement of inhabitants of a village in order to build a dam.
Article 17 83. This article contains two undertakings important to 1 The Parties undertake not to interfere the maintenance and development of the culture of with the right of persons belonging to persons belonging to a national minority and to the national minorities to establish and preservation of their identity (see also Article 5, maintain free and peaceful contacts paragraph 1). The first paragraph deals with the right across frontiers with persons lawfully to establish and maintain free and peaceful contacts staying in other States, in particular across frontiers, whereas the second paragraph those with whom they share an ethnic, protects the right to participate in the activities of non- cultural, linguistic or religious identity, or governmental organisations (see also in this a common cultural heritage. connection, the provisions on freedom of assembly and of association in Article 7). 2 The Parties undertake not to interfere with the right of persons belonging to 84. The provisions of this article are largely based on national minorities to participate in the paragraphs 32.4 and 32.6 of the Copenhagen activities of non-governmental Document of the CSCE. It was considered unnecessary organisations, both at the national and to include an explicit provision on the right to establish international levels. and maintain contacts within the territory of a State, since this was felt to be adequately covered by other provisions of the framework Convention, notably Article 7 as regards freedom of assembly and of association.
Article 18 85. This article encourages the Parties to conclude, in The Council hosts the Finistere-Cornwall 1 The Parties shall endeavour to addition to the existing international instruments, and Cooperation Officer as part of conclude, where necessary, bilateral and where the specific circumstances justify it, bilateral and cooperation between the Council and multilateral agreements with other multilateral agreements for the protection of national Conseil general du Finistere. Culture and States, in particular neighbouring States, minorities. It also stimulates trans frontier co- regional languages is one of the six areas in order to ensure the protection of operation. As is emphasised in the Vienna Declaration for cooperation between the councils persons belonging to the national and its Appendix II, such agreements and co-operation (along with local economic development,
21 v2 September 2015
minorities concerned. are important for the promotion of tolerance, tourism, youth, agriculture and blue prosperity, stability and peace. growth). Over the 2007-13 (Interreg) 2 Where relevant, the Parties shall take period the cooperation has been involved measures to encourage trans frontier co- Paragraph 1 in 18 joint European projects worth operation. €47.2m and 21 twinning partnerships 86. Bilateral and multilateral agreements as envisaged including the Interreg projects by this paragraph might, for instance, be concluded in LASCANMAR, Any Resemblance and the fields of culture, education and information. Cross Channel Film Lab: • LASCANMAR (Laser Scanning Paragraph 2 Maritime) project (a joint project between the National Maritime 87. This paragraph points out the importance of trans Musuem Cornwall and La Port frontier co-operation. Exchange of information and Musee in Britanny) used 3D digital experience between States is an important tool for the recording and documentation for promotion of mutual understanding and confidence. In maritime heritage preservation, particular, trans frontier co-operation has the specifically boats for which there advantage that it allows for arrangements specifically were either no plans or a lack of tailored to the wishes and needs of the persons recorded information. concerned. • The Any Resemblance project (undertaken by Le Groupe Ouest, Finistère, and Arts Centre Trust, Cornwall) created 20 films that put the spotlight on the business entrepreneurs of Cornwall and Britanny and created portraits about the world of real work in Cornwall and Brittany. • The Cross Channel Film Lab links partners in Cornwall and France on the development of original and imaginative films. Applications have been submitted to the new Interreg programme including the CHEFS (Channel Hub for Enhancing Food Specialities) project to increase the contribution of protected food marks to the economy. In addition to this, the Cooperation Officer initiated a number of links between Cornwall and Britany, including a project between the libraries on Concarneau and Penzance whereby they exchange books and participation of the Portreath Bakery and the Douarnenez Gastronomy festival in October 2014. She also investigated plans for a video conference for pupils on
22 v2 September 2015
the Breton and Cornish languages between Helston Community College and the Mescoat School and Diwan School in Finistere and a potential link between the Falmouth Gig Club and several clubs in Brest.
Article 19 88. This article provides for the possibility of The Comprehensive Impact Assessment Should a ‘Cornish The Parties undertake to respect and limitations, restrictions or derogations. When the tool and guidance is currently being assessment’ added to the implement the principles enshrined in the undertakings included in this Framework Convention updated to reflect the Cornish as a CIA? present Framework Convention making, have an equivalent in other international legal national minority. where necessary, only those limitations, instruments, in particular the ECHR, only the Update the Comprehensive restrictions or derogations which are limitations, restrictions or derogations provided for in Impact Assessment tool and provided for in international legal those instruments are allowed. When the undertakings guidance to reflect the instruments, in particular the Convention set forth in this Framework Convention have no Cornish as a national for the Protection of Human Rights and equivalent in other international legal instruments, the minority. Fundamental Freedoms, in so far as they only limitations, restrictions or derogations allowed are are relevant to the rights and freedoms those which, included in other legal instruments (such flowing from the said principles. as the ECHR) in respect of different undertakings, are relevant.
Article 20 89. Persons belonging to national minorities are In the exercise of the rights and required to respect the national constitution and other freedoms flowing from the principles national legislation. However, this reference to national enshrined in the present Framework legislation clearly does not entitle Parties to ignore the Convention, any person belonging to a provisions of the Framework Convention. Persons national minority shall respect the belonging to national minorities must also respect the national legislation and the rights of rights of others. In this regard, reference may be made others, in particular those of persons to situations where persons belonging to national belonging to the majority or to other minorities are in a minority nationally but form a national minorities. majority within one area of the State.
Article 21 90. This provision stresses the importance of the Nothing in the present Framework fundamental principles of international law and Convention shall be interpreted as specifies that the protection of persons belonging to implying any right to engage in any national minorities must be in accordance with these activity or perform any act contrary to principles. the fundamental principles of international law and in particular of the sovereign equality, territorial integrity and political independence of States
Article 22 91. This provision, which is based on Article 60 of the We have sought legal advice and have Legal clarification required Nothing in the present Framework ECHR, sets out a well-known principle. The aim is to clarified the following: “When considering to understand/ Convention shall be construed as limiting ensure that persons belonging to national minorities a person’s Human Rights, the Council challenge this situation
23 v2 September 2015
or derogating from any of the human benefit from whichever of the relevant national or should consider whether the Framework under the Framework rights and fundamental freedoms which international human rights legislation is most Convention helps define the nature and Convention may be ensured under the laws of any favourable to them. extent of their rights under the Human Contracting Party or under any other Rights Act 1998.” agreement to which it is a Party.
Article 23 92. This provision deals with the relationship between The rights and freedoms flowing from the the Framework Convention and the Convention for the principles enshrined in the present Protection of Human Rights and Fundamental Framework Convention, in so far as they Freedoms, reference to which is included in the are the subject of a corresponding Preamble. Under no circumstances can the Framework provision in the Convention for the Convention modify the rights and freedoms Protection of Human Rights and safeguarded in the Convention for the Protection of Fundamental Freedoms or in the Human Rights and Fundamental Freedoms. On the Protocols thereto, shall be understood so contrary, rights and freedoms enshrined in the as to conform to the latter provisions. Framework Convention which are the subject of a corresponding provision in the Convention for the Protection of Human Rights and Fundamental Freedoms must be interpreted in accordance with the latter.
Article 24 93. To provide for overseeing the application of the UK State report submitted to the Council At the Government’s 1 The Committee of Ministers of the framework Convention, the Committee of Ministers is of Europe – no consultation was sought request we provided input Council of Europe shall monitor the entrusted with the task of monitoring the however our submission was used to to the next Compliance implementation of this framework implementation by the Contracting Parties. The draft the UK state report. report. Convention by the Contracting Parties. Committee of Ministers shall determine the modalities for the participation in the implementation mechanism At the Government’s request we 2 The Parties which are not members of by the Parties which are not members of the Council of provided input to the Compliance report the Council of Europe shall participate in Europe. - which was released on 8 April 2015. I the implementation mechanism, suspect that the Government will according to modalities to be determined. 94. Each Party shall transmit to the Secretary General anticipate Cornwall continuing to shape on a periodical basis and whenever the Committee of the State Report. Ministers so requests information of relevance to the implementation of this framework Convention. The Secretary General shall transmit this information to the Committee of Ministers. However, the first report, the aim of which is to provide full information on legislative and other measures which the Party has taken to give effect to the undertakings set out in the framework Convention, must be submitted within one year of the entry into force of the framework Convention in respect of the Party concerned. The purpose of the subsequent reports shall be to complement the information included in the first report.
95. In order to ensure the efficiency of the monitoring of the implementation of the framework Convention, it
24 v2 September 2015
provides for the setting up of an advisory committee. The task of this advisory committee is to assist the Committee of Ministers when it evaluates the adequacy of the measures taken by a Party to give effect to the principles set out in the framework Convention.
96. It is up to the Committee of Ministers to determine, within one year of the entry into force of the framework Convention, the composition and the procedures of the advisory committee, the members of which shall have recognised expertise in the field of the protection of national minorities.
97. The monitoring of the implementation of this framework Convention shall, in so far as possible, be transparent. In this regard it would be advisable to envisage the publication of the reports and other texts resulting from such monitoring.
Article 25 As above. 1 Within a period of one year following the entry into force of this Framework As discussed previously in other Articles – it is likely Convention in respect of a Contracting that Cornwall Council will be asked to draft the Party, the latter shall transmit to the response for the Government. Secretary General of the Council of Europe full information on the legislative and other measures taken to give effect to the principles set out in this Framework Convention.
2 Thereafter, each Party shall transmit to the Secretary General on a periodical basis and whenever the Committee of Ministers so requests any further information of relevance to the implementation of this framework Convention.
3 The Secretary General shall forward to the Committee of Ministers the information transmitted under the terms of this Article.
Article 26 As above 1 In evaluating the adequacy of the measures taken by the Parties to give
25 v2 September 2015
effect to the principles set out in this Framework Convention the Committee of Ministers shall be assisted by an advisory committee, the members of which shall have recognised expertise in the field of the protection of national minorities.
2 The composition of this advisory committee and its procedure shall be determined by the Committee of Ministers within a period of one year following the entry into force of this framework Convention.
Article 27 99. The Framework Convention is open for signature by This Framework Convention shall be open the Council of Europe’s member States and, at the for signature by the member States of invitation of the Committee of Ministers, by other the Council of Europe. Up until the date States. It is understood that "other States" are those when the Convention enters into force, it States which participate in the Conference on Security shall also be open for signature by any and Co-operation in Europe. These provisions take other State so invited by the Committee account of the Vienna Declaration, according to which of Ministers. It is subject to ratification, the framework Convention should also be open for acceptance or approval. Instruments of signature by non-member States (see Appendix II to ratification, acceptance or approval shall the Vienna Declaration of the Council of Europe be deposited with the Secretary General Summit). of the Council of Europe.
Article 28 As above. 1 This Framework Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which twelve member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of Article 27.
2 In respect of any member State which subsequently expresses its consent to be bound by it, the Framework Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
26 v2 September 2015
Article 29 As above. 1 After the entry into force of this Framework Convention and after consulting the Contracting States, the Committee of Ministers of the Council of Europe may invite to accede to the Convention, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, any non-member State of the Council of Europe which, invited to sign in accordance with the provisions of Article 27, has not yet done so, and any other non-member State.
2 In respect of any acceding State, the Framework Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 30 UK State report submitted to the Council 1 Any State may at the time of signature of Europe – no consultation was sought or when depositing its instrument of however our submission was used to ratification, acceptance, approval or draft the UK state report. accession, specify the territory or territories for whose international relations it is responsible to which this framework Convention shall apply.
2 Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this framework Convention to any other territory specified in the declaration. In respect of such territory the framework Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.
27 v2 September 2015
3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.
Article 31 1 Any Party may at any time denounce this framework Convention by means of a notification addressed to the Secretary General of the Council of Europe.
2 Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
Article 32 Keep an ongoing dialogue The Secretary General of the Council of with the Secretary General. Europe shall notify the member States of This is to make sure the the Council, other signatory States and Cornish are seen as a any State which has acceded to this vibrant, forward thinking Framework Convention, of: and proactive minority a. any signature; group. b. the deposit of any instrument of ratification, acceptance, approval or accession; c. any date of entry into force of this Framework Convention in accordance with Articles 28, 29 and 30; d. any other act, notification or communication relating to this framework Convention.
28 v2 September 2015