For the last eight years Spain has blantantly ignored recommendations regarding the implementation of the FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES, as regards the Catalan people, among others. Here are relevant extracts from the 3rd (2012), 4th (2014) and 5th (2018) Opinions of the Advisory Committee.
Click below
to read the whole post, if need be.
3
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
Third Opinion on Spain
adopted on 22 March 2012
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168008c6b2
...
Present situation
28. While being fully aware of the fact that the concept of “national minority” does not exist in the Spanish legal order, the Advisory Committee wishes to reiterate that the application of the Framework Convention with respect to a group of persons does not necessarily require its formal recognition as a national minority, a definition of this concept or the existence of a specific legal status for such groups of persons. The Framework Convention was conceived as a pragmatic instrument, to be implemented in very diverse social, cultural and economic contexts and to adapt to evolving situations. Therefore, the Advisory Committee welcomes that the authorities continue, in practice, to consider that the Roma constitute a specific minority and benefit from the protection of the Framework Convention. Nonetheless, it remains concerned by the fact that the authorities have not organised any consultations or discussions on the protection offered by the Framework Convention with other groups potentially concerned and have decided a priori that this protection should be extended only to the Roma.
29. The Advisory Committee has, as in the previous cycle of monitoring, been approached by groups other than the Roma expressing an interest for the protection of the Framework Convention. Persons belonging to the Berber group in Melilla, who speak Tamazight and are of Muslim religion, have expressed particular interest to be included in the scope of application of the Framework Convention. The Advisory Committee notes with satisfaction that the authorities in Melilla have continued to take measures to increase the visibility of the Tamazight language and culture1 and are aware of the efforts needed to develop teaching of this language, which remains so far largely uncodified and is not taught at school. In this regard, it notes the views expressed by persons belonging to this group that recognition as a group protected under the Framework Convention could substantially reinforce the ongoing efforts to promote the Tamazight language and culture. Moreover, the Advisory Committee understood during its visit to Spain that representatives of some state bodies refer to persons belonging to the Berber group as a de facto minority, like the Roma. Therefore, it believes that the authorities should consider extending the protection of the Framework Convention to the Berber group and should engage without delay in consultations with this aim with persons belonging to this group.
30. Additionally, the Advisory Committee was approached by persons belonging to organisations representing the Basque, Catalonian and Galician cultures and languages. These persons have also expressed interest for the protection offered by the Framework Convention. They underlined that the Framework Convention could provide additional protection for their specific identities, languages and cultures, particularly in the fields of teaching of their minority language and media in their minority languages, where reportedly, particular difficulties have been experienced (see paragraph 32 below).
31. The Advisory Committee acknowledges that persons living in the Autonomous Communities with special linguistic status, and having cultures and languages different from those of the majority population, benefit from specific recognition and are protected under the Spanish Constitution, statutory laws of the respective Autonomous Communities and the European Charter for Regional or Minority Languages. It also notes the view of the authorities that the current level of protection makes it unnecessary for persons belonging to these groups to benefit from the protection of the Framework Convention. The Advisory Committee, however, reiterates that the existing protection offered to these groups through domestic legislation and through the European Charter for Regional or Minority Languages does not preclude their benefitting from additional and complementary protection under the Framework Convention, nor does it make such protection unnecessary.
32. The Advisory Committee understands that persons belonging to these groups who live outside their Autonomous Communities have considerably less access to protection and support for their languages and cultures. This appears to be, for instance, the case of Basques living in Navarra, and of Galician-speaking persons living in Autonomous Communities neighbouring Galicia (such as Asturias as well as Castilla and Leon). Therefore, the Advisory Committee believes that it might be beneficial for them to enjoy the additional protection of the Framework Convention, notably - but not only - as far as language-related rights are concerned. Consequently, the Advisory Committee is of the opinion that the authorities should engage in consultations with these groups, and others possibly interested in the Framework Convention, in order to ascertain whether the positions conveyed to the Advisory Committee by some representatives are shared by other persons and organisations representing the Basque, Catalonian and Galician languages and cultures.
33. The Advisory Committee further notes that the Val d’Aran was granted a special status in Catalonia in 1990, based on its specific culture, history and language (Occitan), with a view to preserving and developing further its specific characteristics. The special status was confirmed in the Statutory Law of Catalonia adopted in 2006, as well as through the Aranese Language Act adopted on 22 September 2010. Therefore, the Advisory Committee is of the opinion that consultations with persons living in Aran should also be held in order to ascertain whether they are interested in the protection of the Framework Convention.
34. Lastly, the Advisory Committee learnt with satisfaction during its visit that no distinction is made in the application of some programmes between Spanish and foreign Roma, notably in the field of education and access to health care. It also appreciated that the authorities at different levels have taken some steps to improve the situation of foreign Roma (see remarks on Article 6 below). It welcomes this inclusive approach, which is consistent with current efforts at European level to develop a more nuanced approach to the application of the citizenship criterion in the protection of national minorities.
Recommendations
35. The Advisory Committee reiterates its call to the authorities to consider without delay the possibility of extending the scope of application of the Framework Convention to the population of Berber origin, in close consultation with the persons concerned.
36. Additionally, it urges the authorities to undertake consultations with representatives of groups other than the Roma to raise their awareness of the protection offered by the Framework Convention and to ascertain whether they are interested in such protection.
...
90. The Advisory Committee has also been approached by speakers of languages other than Spanish (Castilian) and that are officially recognised in parts of Spain regarding a recent decrease in the use of those languages as the medium of instruction in schools. In Galicia, for example, the possibility of providing teaching in Galician has dropped since the adoption of the Decree on Multilingualism in 2010.
54 As regards teaching in Catalan, the Advisory Committee has been informed that linguistic immersion programmes have been negatively affected by the enactment of the LOMCE, which stipulates that where an Autonomous Community cannot provide a reasonable proportion of teaching in Spanish, it must cover the costs of education in private schools for families who wish their children to receive a higher proportion of teaching in Spanish. The Advisory Committee further understands that there is little provision of instruction in languages other than Spanish (Castilian) that are officially recognised in Spain outside the Autonomous Communities where these languages have official or protected status, although a demand for such teaching may exist.
Recommendations
...
92. It invites the relevant authorities to engage in dialogue with the speakers of regional or
minority languages regarding possibilities for promoting teaching and learning in such
languages, including outside the Autonomous Communities where they have official or
protected status, where such a demand exists.
...
4
ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES
Fourth Opinion on Spain
adopted on 3 December 2014
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680307ecc
11. The Advisory Committee has again been approached by persons belonging to organisations representing the Basque, Catalan and Galician cultures and languages, who have expressed interest in the protection offered by the Framework Convention, while at the same time observing that awareness of the Framework Convention in Spain is generally very low. Oliventine Portuguese-speakers living close to the Portuguese border have also expressed interest in benefiting from the Framework Convention’s provisions.
12. As the Advisory Committee has previously noted, persons having cultures and languages different from those of the majority population and living in the Autonomous Communities where their language has co-official or protected status benefit from specific recognition and are protected under the Spanish Constitution and the statutory laws of the relevant Autonomous Communities as well as the European Charter for Regional or Minority Languages. Regular monitoring of the implementation of the Charter is accordingly carried out by its Committee of Experts. In this context, the authorities have reiterated their view that the current level of protection makes it unnecessary for persons belonging to these groups to benefit from the protection offered by the Framework Convention.
13. The Advisory Committee underlines, however, that the standards that are currently applicable in Spain do not in themselves make the protection of the Framework Convention superfluous.2 Moreover, persons belonging to the above-mentioned groups and who live outside the areas where their language has co-official or protected status – for example, Basque-speakers living in southern Navarre, Catalan-speakers living in Murcia and Galician-speakers living in Asturias or Castile and León – receive considerably less support for the protection of their languages and cultures, and it may therefore be especially beneficial for them to enjoy additional protection under the Framework Convention. The Advisory Committee emphasises in this context the importance of the enjoyment of minority rights in practice, whether or not the persons concerned are officially recognised in the Spanish legal system as belonging to national minorities.
14. The Advisory Committee considers it important that the authorities engage in consultations with these groups, in order to ascertain whether the positions conveyed to it during the monitoring process are shared by other representatives of the Basque, Catalan and Galician languages and cultures. Similar consultations with representatives of other groups that may be interested in benefiting from the provisions of the Framework Convention, such as speakers of Aranese, Oliventine Portuguese and Tamazight, would also be useful. In this respect, the Advisory Committee was particularly struck during its visit by the fact that no government department or body currently appears to have responsibility for addressing such concerns. It notes that in this situation, it is unsurprising that no consultations have been held in response to the recommendations to this effect contained in its Third Opinion. It also observes that the fact that no data is currently collected regarding ethnic diversity in Spain (see also below, comments under Article 4) does not mean there is no such diversity in reality, nor does it absolve the authorities from addressing the concerns of persons belonging to minority ethnic groups.
Recommendation
15. The Advisory Committee again recommends that the authorities actively raise awareness
among groups other than the Roma of the protection offered by the Framework Convention. It recommends that the authorities undertake consultations with representatives of such groups in order to ascertain whether they are interested in such protection and that the authorities rapidly designate a structure or body with clear competences in this field.
....
5
FIFTH OPINION ON SPAIN
Adopted on 27 May 2020
Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC)
https://rm.coe.int/5th-op-spain-en/16809fdd58
1. Spain continues to apply the provisions of the Framework Convention exclusively to Spanish citizens of the Roma community. Both the awareness and understanding of the Framework Convention remain limited in Spain. Few efforts have been made to promote it or to engage in dialogue with other groups that may wish to benefit, or have already expressed interest in benefiting, from its provisions.
36. During the fifth cycle visit, the Advisory Committee was not made aware of any other groups of persons seeking protection under the Framework Convention. At the same time, the Spanish authorities have not made dedicated efforts to spread and increase knowledge about the Framework Convention and its objectives, nor have they engaged in constructive dialogue with groups who have already expressed an interest in benefiting from the provisions of the Framework Convention in the past. Consequently, there is little awareness about the Framework Convention in Spain.
1 Notably through the Institute of Cultures, established in Melilla in 2010.
2 In this respect, the Advisory Committee notes, for example, the controversial amendments passed in May 2013 to Aragon’s Law on Languages, which changed the official names used to designate Catalan and Aragonese to Lengua Aragonesa Propia del Área Oriental (“LAPAO”) and Lengua Aragonesa Propia de las áreas Pirenaica y Prepirenaica (“LAPAPYP”) respectively. See also additional comments made under Articles 9 and 14 below.
Cap comentari:
Publica un comentari a l'entrada