0.5.8. Declaration of the Heads of State and Government of the member States of the Council of Europe, meeting for the first time in this organisations's history at this Vienna summit conference on 9 October 1993

APPENDIX II

National minorities

We, heads of state and government of the member states of the Council of Europe, have agreed as follows, concerning the protection of national minorities:

The national minorities which the upheavals of history have established in Europe should be protected and respected so that they can contribute to stability and peace.

In this Europe which we wish to build, we must respond to this challenge: assuring the protection of the rights of persons belonging to national minorities within the rule of law, respecting the territorial integrity and the national sovereingty of States. On these conditions, these minorities will make a valuable contribuition to the life of our societies.

The creation of a climate of tolerance and dialogue is necessary for the participation of all in political life. In this regard an important contribution should be made by regional and local authorities.

In their actions, States should ensure the respect of the principles which are fundamental to our comon European tradition: equality before the law, non-discrimination, equal opportunity, freedom of association and assembly as well as to participate actively in public life.

States should create the conditions necessary for belonging to national minorities to develop their culture, while preserving their religion, traditions and customs. Theses persons must be able to use their language both in private and in public and should be able to use it, under certain conditions, in their relations with the public authorities.

We stress the importance which bilateral agreements between States, aimed at assuring the protection of the national minorities concerned. can have for stability and peace in Europe.

We confirm our determination to implement fully the commitments concerning the protection of national minorities contained in the Copenhagen and other documents of the CSCE.

We consider that the Council of Europe should apply itself to transforming, to the greatest possible extent, these political commitments into legal obligations.

Having regard to its fundamental vocation, the Council of Europe is particularly well placed to contribute to the settlement of problems of national minorities. In this connection, we intend to pursue the close co-operation engaged between the Council of Europe and the CSCE High Commissioner for National Minorities.

In consequence, we decide to instruct the Committee of Ministers:

- to draw up confidence-building measures aimed at increasing tolerance and understanding among peoples;

- to respond to requests for assistance for the negociation and implementation of treaties on questions concerning national minorities as well as agreements on transfrontier co-operation;

- to draft with minimum delay a framework convention specifying the principles which contracting States commit themselves to respect, in order to assure the protection of national minorities. The instrument would also be open for signature by non-member States;

- to begin work on drafting a protocol complementing the European Convention on Human Rights in the cultural field by provisions guaranteeing individual rights, in particular for persons belonging to national minorities.

APPENDIX III

Declaration and plan of action on combating racism, xenophobia, antisemitism and intolerance

We, heads of state and government of the Council of Europe member states,

- Convinced that the diversity of traditions and cultures has for centuries been one of Europe's riches and that the principle of tolerance is the guarantee of the maintenance in Europe of an open society respecting the cultural diversity to which we are attached;

- Convinced that to bring about a democratic and pluralist society respecting the equal dignity of all human beings remains one of the prime objectives of European construction;

- Alarmed by the present resurgence of racism, xenophobia and antisemitism, the development of a climate of intolerance, the increase in acts of violence, notably against migrants and people of immigrant origin, and the degrading treatment and discriminatory practices accompanying them;

- Equally alarmed also by the development of agressive nationalism and ethnocentrism which contitute new expressions of xenophobia;

- Concerned at the deterioration of the economic situation, which threatens the cohesion of European societies by generating forms of exclusion likely to foster social tensions and manifestations of xenophobia;

- Convinced that these manifestations of intolerance threaten democratic societies and their fundamental values and undermine the foundations of European construction;

- Confirming the Declaration of 14 May 1981 of the Committee of Ministers in which the latter already solemnly condemned all forms of intolerance and the acts of violence that they engender;

- Reaffirming the values of solidarity which must inspire all members of society in order to reduce marginalisation and social exclusion;

- Convinced furthermore that Europe's future demands from individuals and from groups not only tolerance but also the will to act together, combinig their diverse contributions;

Condemn in the strongest possible terms racism in all its forms, xenophobia, antisemitism and intolerance and all forms of religious discrimination;

Encourage member States to continue efforts already undertaken to eliminate these phenomena and commit ourselves to stregthening national laws and international instruments and taking appropriate measures at national and European level;

Undertake to combat all ideologies, policies and practices constituting an incitment to racial hatred, violence and discrimination, as well as any action or language likely to strengthen fears and tensions between groups from different racial, ethnic, national, religious or social backgrounds;

Launch an urgent appeal to European peoples, groups and citizens, and young people in particular, that they resolutely engage in combating all forms of intolerance and that they actively participate in the construction of a European society based on common values, characterised by democracy, tolerance and solidarity.

To this end, we instruct the Committee of Ministers to develop and implement as soon as possible the following plan of action and mobilise the necessary financial resources.

PLAN OF ACTION

1 Launch a broad European Youth Campaign to mobilise the public in favour of a tolerant society based on the equal dignity of all its members and against manifestations of racism, xenophobia, antisemitism and intolerance.

This campaign, co-ordinated by the Council of Europe in co-operation with the European Youth Organisations will have a national and local dimension through the creation of national committees.

It will aim in particular at stimulating pilot projects involving all sections of society.

2 Invite member States to reinforce guarantees against all forms of discrimination based on race, national or ethnic origin or on religion, and to this end to:

- re-examine without delay their legislation and regulations with a view to eliminating provisions likely to generate discrimination based on any of these reason or likely to sustain prejudice;

- assure effective implementation of legislation aimed at combating racism and discrimination;

- reinforce and implement preventive measures to combat racism, xenophobia, anti-semitism and intolerance, giving special attention to awareness-raising and confidence-building measures.

3 Establish a Committee of governmental Experts with a mandate to:

- review member States' legislation policies and other measures to combat racism, xenophobia, anti-semitism and intolerance, and their effectiveness;

- propose further action at local, national and European level;

- formulate general policy recommendations to member States;

- study international legal instruments applicable in the matter with a view to their reinforcement where appropriate.

The Committee of Experts will report regularly to the Committee of Ministers, which will seek the opinions of the relevant Steering Committees.

Further modalities for the functioning of this new mechanism should be decided by the Committee of Ministers.

4 Reinforce mutual understanding and confidence between people through the Council of Europe's co-operation and assistance programmes. Work in this area would focus in particular on:

- studying the deep-seated causes of intolerance and considering remedies, notably by means of a seminar and support for research programmes;

- promoting education in the fields of human rights and respect for cultural diversity;

- Stregthening programmes aimed at eliminating prejudice in the teaching of history by emphasising positive mutual inflluence between different countries, religions and ideas in the historical development of Europe;

- encouraging transfrontier co-operation between local authorities so as to boost confidence;

- intensifying co-operative work in the fields of intercommunity relations and equality of opportunities;

- developing policies to combat social exclusion and extreme poverty.

5 Request the media proffessions to report and comment on acts of racism and intolerance factually and responsibly, and to continue to develop proffessional codes of ethics which reflect these requirements.

In the execution of this Plan, the Council of Europe will take due account of the work of UNESCO in the field of tolerance, in particular preparations for a "Year of Tolerance" in 1995.

A first report on implementation of the Plan of Action will be submitted to the Committee of Ministers at its 94th Session in May 1994.