MERCATOR :: News

November 2004

FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES: RESOLUTION ON SERBIA AND MONTENEGRO

November 2004 – The Committee of Ministers of the Council of Europe (CoE) adopted a resolution on 17 November 2004 regarding Serbia and Montenegro's implementation of the principles contained in the Framework Convention for the Protection of National Minorities. The conclusions of the Committee of Ministers were quite positive concerning the constitutional structures: the resolution acknowledges that the Union of Serbia and Montenegro has undergone important changes in fields such as education, and has taken decisive steps to protect national minorities in the field of linguistic rights, for example.

However, the resolution is quite sceptical regarding the implementation of the relevant norms in practice aiming at protecting national minorities. Actually, the Committee of Ministers criticises the lack of co-operation between the relevant authorities of the State Union and its constituent states, urging Montenegrin authorities to co-operate for an “accelerated constitutional reform and institutional stabilisation in Serbia”.

In accordance with the CoE Recommendations, the protection of national minorities should receive greater attention from law-enforcement agencies regarding especially the effective investigation and prevention of violent incidents recently committed against persons belonging to Hungarian and some other national minorities. As far as the Bosnian minority is concerned, and according to the resolution, “further improvements should be achieved in the representation of this minority in the juridical framework”.

Finally, as for the juridical instruments of Serbia and Montenegro, the Committee of Ministers highlights the Union Charter of Human Rights and Minority Rights and Civil Freedoms as well as the federal Law on the Protection of Rights and Freedoms of National Minorities. In accordance with the conclusions, these juridical documents “constitute a good basis for the implementation of the Framework Convention” and, moreover, they contain a series of important innovations.