European
Council of Ministers
Resolution Res CMN (2003)12on the
implementation of the Framework Convention for the Protection of
National Minorities by Sweden
(Adopted by the Committee of Ministers on 10 December 2003at the 865th
meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Articles 24 to 26 of the
Framework Convention for the Protection of National Minorities
(hereinafter referred to as “the Framework Convention”);
Having regard to Resolution (97) 10 of 17 September 1997 setting out
rules adopted by the Committee of Ministers on the monitoring
arrangements under Articles 24 to 26 of the Framework Convention;
Having regard to the voting rule adopted in the context of adopting
Resolution (97) 10;1
Having regard to the instrument of ratification submitted by Sweden on
9 February 2000;
Recalling that the Government of Sweden transmitted its state report in
respect of the first monitoring cycle under the Framework Convention on
5 June 2001;
Whereas the Advisory Committee accepted the invitation of the
Government of Sweden to send a delegation to gather further information
in Sweden, this visit taking place from 25 to 29 November 2002;
Whereas the Advisory Committee's opinion on the implementation of the
Framework Convention by Sweden was adopted on 20 February 2003 and then
transmitted to the Permanent Representative of Sweden and communicated
to the permanent representatives of all member states as document
CM(2003)79 and subsequently made public by the Government of Sweden;
Whereas the Government of Sweden submitted its written comments on the
opinion of the Advisory Committee, these written comments having been
communicated to the delegations of all member states as an addendum to
document CM(2003)79, dated 25 July 2003;
Having examined the Advisory Committee's opinion and the written
comments of the Government of Sweden;
Having also taken note of comments by other governments,
1. Adopts the following conclusions concerning the implementation of
the Framework Convention by Sweden:
– Sweden has in recent years begun to develop a legislative framework
pertaining to the protection of national minorities and taken an
inclusive approach as regards the persons covered by these initiatives.
These positive developments concern in particular the five
municipalities in northern Sweden in which new minority language
legislation applies;
– There remains a need to expand the scope of legislation protecting
national minorities. Furthermore, the principles of the Framework
Convention need to be taken more consistently into account in practice.
The high degree of decentralisation on many key issues pertaining to
the implementation of the Framework Convention means that the local
authorities have a central responsibility in monitoring and addressing
problems in this respect. Shortcomings are particularly evident as
regards support for languages of national minorities in the field of
education, but they pertain also to other sectors, including the media,
where support for initiatives of persons belonging to national
minorities needs to be developed further;
– There is a pressing need to find a balanced solution to, and improve
legal certainty on, the issue of land rights in the areas inhabited
traditionally by the Sami, with a view to ensuring inter-ethnic harmony
in the region and the protection of the culture and identity of persons
belonging to this indigenous people;
– The implementation of the newly-improved legislation regarding ethnic
discrimination is important, bearing in mind the discrimination faced
by minorities, notably Roma, in such fields as housing and employment;
– The Swedish authorities should continue to develop consultation
structures with a view to improving participation of persons belonging
to national minorities in decision-making affecting them;
2. Recommends that Sweden take appropriate account of the conclusions
set out in section 1 above, together with the various comments in the
Advisory Committee's opinion.
3. Invites the Government of Sweden, in accordance with Resolution (97)
10:
a. to continue the dialogue in progress with the Advisory Committee;
b. to keep the Advisory Committee regularly informed of the measures it
has taken in response to the conclusions and recommendations set out in
section 1 and 2 above.
Note 1 In the context of adopting Resolution (97) 10 on 17 September
1997, the Committee of Ministers also adopted the following rule:
“Decisions pursuant to Articles 24.1 and 25.2 of the Framework
Convention shall be considered to be adopted if two-thirds of the
representatives of the Contracting parties casting a vote, including a
majority of the representatives of the Contracting parties entitled to
sit on the Committee of Ministers, vote in favour”.
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