Its task is to ensure that the standards of the Convention are applied by all the concerned countries, in the various fields of interest for persons belonging to national minorities. 2/1992/37, 01/07/92. To make this more convincing, let us look at some of the Constitutional texts mentioning the term nation and its derivatives. France OSCE High Commissioner on National Minorities. It has also prompted the adoption of new laws devoted to the protection of national minorities and encouraged states to improve their non-discrimination legislation and practice. II, n 1Interpreting the Term National Bien que la Bulgarie ait sign la convention cadre pour la protection des minorits nationales, elle ne reconnat pas lexistence de minorit sur son territoire. The Advisory Committee examines State Reports and usually carries out country visits in order to have a constructive dialogue with both authorities and civil society. The OSCE identifies and seeks early resolution of ethnic tensions that might endanger peace and stability within and between states in the OSCE region. 8 A detailed review of German minorities emerging after World War I is given in the report presented by Schelter (Kurt), Die Politik der Bundesregierung fur die deutschen Minderheiten in Ostmittel-, Ost-, und Sdosteuropa einschlielich der Nachfolgestaaten der Sowjetunion, The Situation of Ethnic Groups and Minorities in Europe, seminar on October 4-6, 1994, Bratislava. 15In a number of European countries where the concept of political nation has been adopted, the one-nation principle for the country has been explicitly formulated as a constitutional principle. Their activities focus on: Organization for Security and Co-operation in Europe. Catalogue des 592 revues.
12Sometimes, within the framework of this approach, we may hear in Bulgaria (especially from some of the officials from the Ministry of Foreign Affairs) that we can speak of a national minority only when part of one nation (of one ethno-nation) has remained on the territory of another country as a result of war. Should it not be exactly the opposite: that since there are no national minorities in Bulgaria, the Convention does not apply to it and, therefore, it will not be implemented, as the matter was handled by Luxembourg? 26On the basis of the analysis made above, the author of these lines has drafted the following proposal for an interpreting declaration to be presented at the signing of the Framework Convention for the Protection of National Minorities: The Republic of Bulgarianoting the impossibility at this stage to arrive at a definition of the term national minority capable of mustering general support of all Council of Europe member States as well as the fact that not all ethnic, cultural, linguistic or religious differences necessarily lead to the emergence of national minorities,following the principle found in the Constitution of the Republic of Bulgaria which confirms that Bulgaria is a one-nation State,respecting the differences existing among Bulgarian citizens with regard to their ethnicity, their mother tongue, and their religion,declares,that it will implement the Framework Convention for the Protection of National Minorities with regard to Bulgarian citizens belonging to the ethnic, linguistic, and religious minorities who traditionally live on its territory. This is how Asbjorn Eide presents them in his report of 19933: The two meanings of nation will here be given different names. 16 See, for example, Tekirdahtsi (Busak), Language difficulties, or ? The OSCEHigh Commissioner on National Minorities(HCNM) works to address ethnic tensions and to prevent hostilities over national minority issues. Virtually all European states have some population belonging to national minorities. An entirely different notion of nation based on ethnicity, rather than citizenship, is also widely used and will here be referred to as ethno-nation. 5A certain confusion has resulted in our society regarding terminology which is not without reason. Whilst the Convention is a legally binding instrument under international law, the word Framework highlights the scope for member states to translate the Conventions provisions to their specific country situation through national legislation and appropriate governmental policies. Weak or non-existent integration policies often contribute to instability by failing to adequately address the root causes of tensions. 16Taking into account the diversity of traditions, terminologies, and approaches regarding minorities in the countries of our continent. The implementation of the recommendations is promoted through follow-up activities in.
. Its action includes standard setting, intergovernmental co-operation, activities for the development and consolidation of democratic stability and confidence building measures in civil society. 4/Sub. Although Bulgaria has signed the Framework Convention for the Protection of National Minority, it does recognize the existence of minority on its soil. It promotes the rights of persons belonging to national minorities and pays particular attention to the situation of Roma and Sinti. Thus, for example, in Austria they speak of ethnic groups, in Belgium and Italy of linguistic communities, in Great Britain of racial, linguistic, and ethnic differences, in France of regional cultures. 22With regard to the terminology which is suitable to be specified in the process of ratification of the Convention, it is appropriate to speak of the existence of ethnic, religious, and linguistic minorities in Bulgaria. In October, 1958, the Central Committee of the Bulgarian Communist Party established its Theses on the Work of the Party among the Turkish Population. A doctor in theoretical and mathematical physics, he spent most of his career as a researcher at the Institute of Nuclear research and Nuclear Energy (INRNE, Sofia) and at the Joint Institute of Nuclear Research (Dubna, USSR, 1976-1983).
Is there any national minority in Bulgaria? Experts summarize the issues in these short video interviews. Protection of national minorities has always been on the Council of Europes agenda, but the issue acquired even more importance with the collapse of European communist regimes, extreme nationalism and conflicts in certain parts of Europe. The European Convention on Human Rights, because its universally applicable individual rights can also be claimed by persons belonging to national minorities; The European Social Charter, which protects minorities in social and economic fields; The European Charter for Regional or Minority Languages, which focuses on protection and promotion of minority languages. An associated professor at the INRNE since 1990, M. Ivanov is also a member of the Board of Directors of the International Centre for Minority Studies and Intercultural Relations (headed by Antonina Zheliaszkova) as well as of the recently set up Foundation Dr. Zheliu Zhelev. The provisions of the Framework Convention cover the use of the minority language in private and in public as well as, under certain conditions, in contacts with administrative authorities. 
Protecting national minority rights also has to be seen as a function of good governance and a way to promote integration. In other words, in this context, the national minority is part of the political nation, the latter consisting of all citizens of the corresponding state. The Bulgarian national flag is called in Article 167 a national flag. This, generally speaking, is not correct. There is no doubt that this refers to the will and interests of all Bulgarian citizens. Furthermore, the High Commissioner acts as a tripwire, alerting the OSCE when the situation threatens to develop beyond a level which can be contained with the quiet diplomacy means at the High Commissioners disposal. 7The most ambiguous word is nation Asbjorn Eide, special reporter of the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the United Nations, exclaimed in his report of 19922. Minority communities may also seek support from kin states, potentially leading to tensions between states. States parties have an opportunity to submit comments on this Opinion within four months after which time the comments and the Opinion are made public. It also includes the use of ones personal name, display of information of a private nature and topographical names in the minority language.
The preamble to the Swiss Constitution notes: in the name of the Almighty God, the Swiss Confederation with the intent of strengthening the alliance of the Confederates and of maintaining and furthering the unity, strength, and honor of the Swiss nation, has adopted the following Federal Constitution10. 1On October 9, 1997 in Strasbourg, President Peter Stoyanov signed on behalf of Bulgaria the Framework Convention for the Protection of National Minorities. The High Commissioner frequently advises states to ensure that minority language rights are respected. 2It is gratifying that Bulgaria, even though among the last ones to do so, signed the Convention. The Committee of Ministers of the Council of Europe and the Advisory Committee are both involved in the monitoring of the Framework Convention. Individuals may decide themselves whether they wish to be treated as belonging to a national minority. It is derived from the term nation which lead us to the question whether a specific national minority belongs to a given nation, and if so, to which? There are many examples of the opposite regarding minorities which have not emerged as a result of war: the Sorbian [sic] national minority in Germany mentioned in the interpreting declaration made when Germany signed the framework Convention, a number of national minorities in Hungary (including Bulgarian), which were formed as a result of immigration, the Bulgarian national minorities in Ukraine, Moldova, and Romania, and so on. Similarly, national minority means, most generally, a minority of citizens of the country (nationals of the State), who have certain characteristics which are different from those of the majority. and have provided some most diverse answers. It also supported the establishment of the European Roma and Travellers Forum in 2005. National Minority Standards A compilation of OSCE and Council of Europe texts, Ljubljana Guidelines on Integration of Diverse Societies, Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations, Recommendations on Policing in Multi-Ethnic Societies, Guidelines on the Use of Minority Languages in the Broadcast Media, The Lund Recommendations on the Effective Participation of National Minorities in Public Life, Guidelines to Assist National Minority Participation in the Electoral Process, More about Minority and majority languages, More about Promoting effective participation in public life, More about Access to justice and national minorities, First-ever digitalized Macedonian-Albanian-Turkish-Serbian Fraza phrasebook launched by OSCE High Commissioner on National Minorities, OSCE helps strengthen inter-ethnic cohesion in Kyrgyzstan, OSCE High Commissioner on National Minorities supports Georgias efforts to manage diversity and increase opportunities for all, Better integrating national and ethnic minorities into public life, Strengthening the use of minority languages, Fostering regional networks to build sustainable institutions for minority communities and to protect their rights. According to Article 116, State officials are executors of the nations will and interests. Any group coming within the terms of this definition shall be treated as an ethnic, religious, or linguistic minority.11. 4 Kreji (Jaroslav), Velmsk (Vtzslav), Ethnic and political nations in Europe, New York: St Martin press, 1981. Boosting professional opportunities for youth from minority and under-developed areas, A story of Travellers, advocacy, and health: Interview with Missy Collins, Promoting effective participation in public life, Access to justice and national minorities, Reform and co-operation in the security sector, #GLOBALGOALS - The OSCE and the Sustainable Development Goals, Personal Representative of the Chairperson-in-Office on the conflict dealt with by the OSCE Minsk Conference, Office for Democratic Institutions and Human Rights, Documents by the OSCE Decision-making bodies, Video: A Short Story of the Bujanovac Department. 4/Sub. The Framework Convention sets out principles to be respected as well as goals to be achieved by the states, in order to ensure the protection of national minorities. Andorra, France, Monaco and Turkey have neither signed nor ratified it. 2011 saw a renewed focus on issues concerning Roma issues in the Council of Europe with the creation of a dedicated transversal team led by the Special Representative of the Secretary General for Roma issues. Belgium, Greece, Iceland and Luxembourg have signed it, but not ratified it. 15 General Comment adopted by the Human Rights Committee under Article 40, Paragraph 4 of the International Convention on Civil and Political Rights, Addendum, General Comment N 23 (50) (Art.
It is obvious that all Bulgarian citizens come under it regardless of ethnicity. As a result, many minorities have been confronted with discrimination and even denial of citizenship. 24In April 1994, the Committee on Human Rights of the UN adopted the General Comment of Article 27 of the International Covenant on Civil and Political Rights, which states more specifically: the existence of an ethnic, religious, or linguistic minority in a given State party does not depend upon a decision by that State party, but requires to be established by objective criteria15. A number of prominent politicians and officials in charge under the Ministry of Foreign Affairs have stated that there are no national minorities in Bulgaria. This is partly because many states do not disaggregate data on ethnic grounds for a variety of historical and political reasons and partly because states do not have reliable or up-to-date census figures. At the same time, the Constitution contains texts to guarantee the rights of citizens which derive from the existing differences in our society regarding their ethnicity (Article 54), their mothers tongue (Article 36) and their religion (Article 37)13. For example, in Bulgaria there is a Turkish national minority which is a part of the Turkish nation (i.e. The Council of Europe has developed many activities on the specific problems faced by the Roma. The Roma are present in virtually all member states of the Council of Europe. 25Replacing minority with minority group, as some in Bulgaria propose, is euphemistic and wholly motivated by psychological considerations and does not lead to any favorable consequences. 9 Neuilly Treaty (with remarks by Dr. B. Kesyakov and D. Nikolov), Sofia: Martilen, 1991. 27), UN documents, CCPR/C/21/Rev.1/Add. 4This presentation is dedicated to one of these problems, namely the problem of terminology. A Compilation of International Instruments, New York: United Nations, 1988. 
Until 1958 it was regarded by the then active communist leadership as a Turkish national minority, which is a part of the Turkish nation. To strengthen inter-ethnic relations in the country, the Mission works with the government and civil society on initiatives to reform the education system, enhance equitable representation, strengthen the use of minority languages, curb discrimination and build confidence among communities. 21The choice made in the Bulgarian Constitution for the approach based on the concept of political nation makes groundless the concerns that the existing communities of Bulgarian citizens whose ethnicity is different from the Bulgarian one, whose mother tongue is different from the Bulgarian language, or whose religion is different from the Eastern Orthodox religion, can be perceived as such national minorities which are part of other nations. A special monitoring agreement exists with regards to Kosovo*. It extends to many related policy fields and involves co-operation with many different bodies within and outside of the Council of Europe. 4: The scope of application of the Framework Convention for the Protection of National Minorities, adopted on 27 May 2016. 10 Federal Constitution of the Swiss Confederation of 29th May 1874, Federal Department of Foreign Affairs, 1991. This way a clear connection will also be made with the approach adopted by the United Nations based on Article 27 of the International Covenant on Civil and Political Rights which states: in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion or to use their own language14. It was decided to adopt a pragmatic approach based on the recognition that, at this stage, it is impossible to arrive at a definition capable of mustering general support of all Council of Europe member States12. When minorities do not have sufficient access to the media, this can lead to tensions. There, by following the definition of nation imposed by Stalin, a conclusion was made that the Turkish national minority which will remain and continue to develop as such in the future is not part of the Turkish bourgeois nation (there is no common territory and no common economic activities), and that it has common tasks and goals with the Bulgarian nation (but without being a part of it, because there are no common language, culture, and traditions). It also works to support state institutions in improving conditions and mechanisms for the integration of national minorities into the diverse Serbian society. Both sides need to compromise and recognize their mutual rights and responsibilities. The Convention also provides guidelines for their linguistic freedom and rights regarding education. Why are the rights of national minorities important? The High Commissioner offers a broad range of recommendations on themes such as minority representation at national, regional and local levels; access to the civil service, judiciary and law enforcement; consultative bodies; and local self-government. The Advisory Committee, a group of independent experts assisting in monitoring the implementation of the Convention, will assess whether states parties are not arbitrarily excluding certain groups that wish to be covered under the Convention. 2/1993/34, 10/08/93. ), 23The above cited report of 1993 by A. Eide gives the following definition of the term minority (compare with the above cited definition of the European Commission for Democracy through Law): a minority is any group of persons resident within a sovereign State which constitutes less than half of the population of the national society and whose members share common characteristics of ethnic, religious, or linguistic nature which distinguish them from the rest of the population. Further reports have to be made on a periodical basis and whenever the Committee of Ministers requests so. Numerous studies from the world literature have been dedicated to the question What is a nation? Of all 40 countries which are members of the Council of Europe, at present, the term national minority is used only in 17 (in most cases the term is used in the ethno-nation context). In these countries, whenever the word nationality is used, by rule it is taken as a synonym of citizenship in the above mentioned sense noted by A. Eide. The Council of Europes action in this field is based on the principle that the protection of minorities is part of the universal protection of human rights. , Erevan Daily, (9), October 1997. There are four linguistic communities and two basic religious communities in Switzerland. Mihail Ivanov, Interpreting the Term National Minority,Balkanologie [En ligne], Vol. 11 European Commission for Democracy through Law, Proposal for a European Convention for the Protection of Minorities, Strasbourg: Council of Europe documents, CDL MIN (93) 6, 22 February 1993. If the states fail to present their reports, the Committee of Ministers can authorise the Advisory Committee to start the monitoring process nevertheless. Thus, in a number of specific cases, we reach the triad: the national minority itself, the country where it lives, and the country where the basic part of the nation or mother-nation is found. When the legitimate concerns of both majorities and minorities regarding language use are accommodated, tensions are greatly reduced. Furthermore, it speaks of national referenda which are carried out on the basis of common, equal and direct right to vote (Article 10). 3At the same time, it must be made known that there are certain problems connected with the Framework Convention, part of which have been manifested in the process of public discussion, and others which might manifest in the future. the mother-nation is in Turkey). II, n 1|1998, mis en ligne le 02 juin 2008, consult le 21 juillet 2022. Romani children are gaining greater access to schools, resulting from education reforms supported by the OSCE Mission to Bosnia and Herzegovina. Here the common sense makes us ask: since the Convention applies to national minorities, and such do not exist in Bulgaria, why state that it will be implemented? This decision must be made in good faith and in accordance with general principles of international law, including the principle of free self-identification, set out in Article 3 of the Framework Convention.
If states deny, restrict or fail to provide access to justice, national minorities may become alienated, which undermines social cohesion and increases the risk of inter-ethnic tensions. Political and economic upheavals and wars in the last centuries have spurred migrations to and within Europe which have created societies that are rich in ethnic, linguistic and cultural diversity. A characteristic, and to a certain extent extreme, example in this respect is Switzerland. Its text states, on one hand, that the existing ethnic, cultural, linguistic, or religious differences in the population of the Republic of Bulgaria have not led to the creation of national minorities (i.e. Article 15 of the Universal Declaration of Human Rights stating that everyone has the right to a nationality6 means that everyone has the right to hold the citizenship of a State, which makes her or him a part of the nation. 14The perception of nation as political nation has been established in more than half of the member states of the Council of Europe. Furthermore, it gives rise to distrust and insecurity among our fellow citizens whose ethnicity is not Bulgarian.16. At the same time the coordination of this principle with the principle of respect for the existing ethnic, religious and linguistic diversity has been imposed more and more widely. After Zhivkovs downfall, M. Ivanov contributed in founding the Committee for National Reconciliation, a non-governmental organization which fought for the restoration of the Bulgarian Turks rights, and which was instrumental in overcoming the interethnic tension provoked by communist assimilation policies. Parties to the Framework Convention undertake to promote full and effective equality of persons belonging to minorities in all areas of economic, social, political, public and cultural life together with conditions that will allow them to express, preserve and develop their culture, religion, language and traditions. the European Commission for Democracy through Law recommended thefollowing definition of the term minority in its 1991 proposal for the European Convention for Protection of Minorities: the term minority shall mean a group which is smaller in number than the rest of the population of a State, whose members, who are nationals of that State (qui ont la nationalit de cet tat), have ethnical, religious, or linguistic features different from those of the rest of the population and are guided by the will to safeguard their culture, traditions, religion, or language. 17The approach of the countries preferring the term national minority, however, prevailed with the Ad Hoc Committee, set up by the Council of Europe to draft the Framework Convention. 18This way, the countries accepting the Convention are left with the freedom to interpret the term national minority for themselves according to their legal system and specific conditions. H (95) 10, February 1995. In this capacity, he participated in several international fora on minority issues (CSCE, Council of Europe, ), and supported the implementation of large-scale research projects on ethnic and religious minorities in Bulgaria. Thus, the solution in 1958 was: in Bulgaria there is a Turkish national minority which is neither part of the Turkish, nor part of the Bulgarian nation.
The High Commissioner works directly with governments and minority representatives to support the right of national minorities to access to the broadcast media. (Bulgaria is a party to the Covenant since 1970. In 1993, in a letter to the author of this text, Mr. A. Hugentobler, then Swiss ambassador to Bulgaria wrote: our own description of Switzerland is that of a nation bound together by the common will and respecting the diversity of its constituent part. Its coordinator of activities concerning Roma/Gypsies and the Specialist Group on Roma/Gypsies and Travellers have provided important advice, for example in the elaboration of national strategies towards Roma in member states. 2 Eide (Asbjorn), Possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities, UN documents, E/CN. A number of OSCE field operations also work in the area of national minority issues. On the other hand, the approach thus chosen cannot influence the fact that in countries such as Hungary, Yugoslavia, Ukraine, Moldova and others, Bulgarians living there are perceived and treated as national minorities (in the context of nation as ethno-nation), since the choice in this area is an internal matter issue for each individual country and a result of its historical development and political interests. The Advisory Committee has become a recognised and highly respected body in the international sphere of minority protection. At the same time, taking into account its different meanings, the following text was included in the explanatory report to the Convention: it should also be pointed out that the framework Convention contains no definition of the notion of national minority. 12 Framework Convention for the Protection of National Minorities and Explanatory Report, Strasbourg: Council of Europe documents. We will illustrate this dilemma with an example from the history of the Turkish community in Bulgaria. Mihail Ivanov is born in 1943, Sofia. This can be achieved through efforts to ensure multilingualism throughout society, and through using positive rather than punitive measures. Thus, for example in Part IV of the Neuilly treaty titled Protection of Minorities, (Article 49-57) ethnic (or racial - Article 57), religious, and linguistic minorities are mentioned9. 20This constitutional basis provides a successful solution for the complicated and difficult task consisting of ensuring the necessary conditions under which every individual and groups of individuals can preserve and develop their individuality, including their ethnic, religious, and linguistic identity, that is, to guarantee the right of others to be different and to develop as different, and at the same time to guarantee the successful functioning and development of the national social organism, taken as a whole and in unity. Each party of the Framework Convention is therefore left with a margin of appreciation to assess which groups are to be covered by the Convention within their territory. 3 Eide (Asbjorn), Possible ways and means of facilitating the peaceful and constructive solution of problems involving minorities, UN documents, E/CN. *All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo. The High Commissioner addresses the short-term triggers of inter-ethnic tension or conflict as well as long-term structural concerns. Information and activities on National minority issues from across the Organization. that there are no national minorities in Bulgaria), while on the other hand it states that the Framework Convention will be implemented with regard to the Bulgarian citizens who belong to certain minority groups, which are enumerated specifically1. Widely dispersed Roma communities remain the most marginalised groups across Europe. Integration is a dynamic, multi-actor process of mutual engagement that facilitates effective participation by all members of a diverse society in economic, political, social and cultural life, and fosters a shared sense of belonging at national and local levels. Parliament must ratify it without hesitation. More, the term still need a clear definition, because of the misunderstanding between ethno and political nation. It has 39 member states to date. (In the case at hand, we speak of ethnic, linguistic, or religious differences). It is rooted in the ambiguity of the term national minority itself. However, their decision must be based on objective criteria connected with their identity, such as their religion, language, traditions and cultural heritage. It is appropriate to add here that in the Versailles system of peace treaties there is no mention of national minorities.
A Compilation of International Instruments, New York: United Nations, 1992.
