Montenegro: adoption of Committee of Ministers’ recommendations on minority protection

The Committee of Ministers has just adopted a resolution on the protection of national minorities in Montenegro. The resolution contains conclusions and recommendations, highlighting positive developments but also a number of areas where further measures are needed to advance the implementation of the Framework Convention for the Protection of National Minorities.

Extract from the resolution:

In addition to the measures to be taken to implement the detailed recommendations contained in Sections I and II of the Advisory Committee’s opinion, the authorities are invited to take the following measures to improve further the implementation of the Framework Convention:

« Montenegro has taken important steps for the protection of national minorities: it adopted a Constitution which includes a minority rights chapter reflecting the principles of the Framework Convention. A National Strategy on Roma has been adopted; national minority councils are being inaugurated and a substantial fund for minorities has been approved by the Parliament, paving the way for increased support in respect of their cultures. The political will of the authorities, and in particular the Ministry of Human and Minority Rights, to enhance national minority rights protection in Montenegro is to be welcomed.

 The adoption of more detailed legal guarantees together with the availability of adequate implementation and monitoring capacity are now needed to fully implement constitutional rights and policy documents. Legal provisions on the use of minority languages in the relations between persons belonging to national minorities and the administrative authorities need to be made more specific. Further efforts need to be made regarding the availability of minority language teaching as part of the school curriculum, including for the Bosniacs/Muslims and the Croats. The difficulties experienced by many Roma in various fields of life require a vigorous implementation of the National Strategy and an adequate monitoring of the progress made in this context.

 The authorities should address citizenship in a way that secures full and effective equality for persons belonging to national minorities. Due attention should be paid to ensuring that there is no unjustified restriction to the personal scope of application of the Framework Convention, and that accessing fundamental rights for those whose legal status is currently unclear, in particular the Roma and the Serbs, is guaranteed.

 While inter-ethnic relations have remained peaceful, on the whole, in Montenegro, interaction and dialogue need to be expanded among the different segments of society. Media has an important role to play in this respect and efforts should be made to increase the availability of information on national minorities to the general public. Greater involvement of national minority journalists by editorial boards in the production of educational, cultural and other mainstream programmes is also encouraged.

 The implication of the constitutional right to «authentic representation» of national minorities in Parliament needs to be approached with all due caution so as to avoid any excessive polarisation of politics along ethnic lines and the monopolisation of discussions on national minorities by certain political parties.

 In line with the Strategy on Minority Policy adopted in July 2008, the provision of the Constitution on «proportionate representation» of national minorities in public services needs to be made operational, notably by relying on data on the participation of persons belonging to national minorities and by catering for national minorities’ specific training needs to compete better for public posts.

 Shortcomings regarding the effective participation of persons belonging to national minorities in economic life need to be addressed. National minorities should be closely involved in the implementation of regional development plans targeting economically-depressed areas where they live.»

Advisory Committee Opinion The resolution is largely based on the corresponding Opinion of the Advisory Committee on the Framework Convention, adopted on 28 February 2008. The detailed Opinion of the Advisory Committee of independent experts, together with the comments on the Opinion by the government of Montenegro are also available on line.

Source : http://www.coe.int/t/dghl/monitorings/minorities/4_Events/News_2009_en.asp#19/01/2009a