A lecture was presented by Filiz Hyusmenova at the international conference ‘Challenges of Bulgarian Membership in the EU: Policies and Good Practices for Efficient Integration of Vulnerable Ethnic Communities,’ held in Bulgaria on November 16-17, 2007. The conference is organized by the National Council on Ethnic and Demographic Issues.
EUROPEAN PARLIAMENT: Political View on the Rights of Minorities
The European Union is a union of minorities. It comprises 27 Member States, and each nationality within the Union is a minority as compared to the total number of the rest members. The Union would not be able to exist unless the nations it consists of share the same values – recognition of the human dignity, freedom, equality and solidarity. The Preamble to the Charter of Fundamental Rights stresses that the preservation and development of these common values can be achieved through respecting the diversity of cultures and traditions among the European nations. This is an ongoing process of establishing an European identity that unites the citizens of the EU. Within the Union, the individual identities are adapted to the complex European identity and this is done in a dialogue with more parties who assess and measure their own identity and values against those of the others.
The European Union is based upon democracy and legal order. The contemporary theory of multi-culturalism promotes the idea that the modern democracy implies involvement in the management. It is also a well known truth that democracies work well when people know each other, trust each other and share a sense of interdependency. The democracy principles imminently comprise democratic equality, democratic representation, democratic participation, free and equal exercising of one’s rights, as well as protection against violation of rights.
The philosophy behind the establishment and existence of the EU is unity in diversity, i.e. a dissimilarity policy involving accepting the differences and approving them as value of Community significance. The differences are not an obstacle to development. The negative attitude to differences leads to conflict situations and risks. The differences are easier accepted once interdependency is understood.
As I already highlighted, the European Union is a multi-ethnic, multi-cultural community, therefore it is a union that imminently comprises diversity. That is why, besides accepting the differences, an attitude should be built for equal relation between them. In other words, accepting the differences is a prerequisite for the existence of another pillar of the social relations within the EU – equality. It is the key to balanced relations and efficient application of the principles of democracy and the legal states. Even the General Declaration on Human Rights stipulates in its introductory provisions that each person has the rights set in it without any discrimination. Therefore, the equality and rejection of discrimination are a guarantee for efficient protection of human rights.
While we have been reviewing so far the philosophical and theoretical aspect of the policy on minorities within the EU, we ought to also note the objective reality of their joint existence. On the global scale, the cultural diversity is an integral feature of the new globalizing society. The protection of the rights of people who belong to ethnic minorities is nowadays an important element of the modern international legal doctrine on human rights. This process of globalization of communities and cultures is also valid for Europe.
The truth is that an increasing number of immigrants seek a future and living within the Community. This provokes the researchers to admit the both complicated ethno-religious and ethno-political issues among the population of the Member States, and the problems catalyzed by the necessary co-existence of immigrants and traditional population. Besides the dialogue between different ethnic groups, the migration processes naturally lead to new social problems – regarding the access to labor markets, to healthcare and education, regarding the development of national economies, and the development of regions as units that are competitive and attractive for investments and living. The problems outlined above have specific resolutions, but they all concern integration of minorities, which are underprivileged as compared to the general population. All attendees are aware that integration is not a short-term process, nor is it an easy one, and this additionally complicates its conduct, control and the sustainability of its results. While several years ago the main topic of the discussions on national minorities was how to ensure legislative grounds as prerequisite for their integration, today we can not afford delaying the adequate measures for the application of this legislation. As stated by the Organization for Security and Co-operation in Europe (OSCE) High Commissioner on National Minorities Max van der Stoel „...in order to be efficient, the legislation must be applied. This has to be done not for the sake of the international community’s peace of mind, but for the sake of encouraging the long-term stability.”
This is precisely the orientation of the EU policy and particularly the policy of the European Parliament towards the national minorities.
One of the main initiatives of the Community for this year was declaring it a Year of Equal Opportunities for Everyone, and its priority was to provide funding for activities warranting equality. The initiative was aimed at increasing the awareness among the European Union citizens on their right of equality and life without discrimination. A broad debate was also started on the benefits of equality for the European societies and the citizens. The actions undertaken were aimed at removing the consequences of discrimination that some of the citizens have been suffering due to race or ethnic origin, religion, disability, age, gender or sexual orientation. Each Member State appointed a national agency, which developed a strategy to justify the way in which the Year of Equal Opportunities will support actions against discrimination in all aspects. At the European Parliament level the past year was intense in terms of events and initiatives related to the human rights, equality and preventing discrimination. Seminars and public discussions related to the Year of Equal Opportunities for Everyone were organized. Some of the most significant events were held in March, and these were attended by the President of the European Parliament, Prof. Hans-Gert Pöttering. Recently, between October 11 and 12, the Parliament organized a joint conference together with the European Commission on discussing the legislation on preventing discrimination. During this conference it was established that although the EU has been the leader of the activities against discrimination and in support of the equal opportunities for a long time (in fact, the EU legislation in the field is among the most detailed ones globally), there are still gaps in the protection of rights in areas such as healthcare, education and accommodation. Is was pointed out that the fight against discrimination is a matter of protecting the European values and that guaranteeing real equal opportunities for everyone is a prerequisite for setting up a fair, homogeneous, and democratic society. It was further established that the directives on gender equality adopted after 1975 and those for preventing discrimination based upon ethnic origin and equality in employment adopted after 2000 are among the most advanced legislative documents in the world. The conclusion was that we have to be pragmatic and utilize all means we have in order to terminate discrimination: positive measures, reversing the weight of proving, close partnership with non-governmental organizations and commercial associations, as well as intensive enhancement of the public awareness on these issues.
Apart from the initiatives within the year of Equal Opportunities for Everyone, in 2007 the European Parliament was recognized as a significant force in support of human rights and democracy issues. The EP contributed to the planning, implementation and evaluation of policies in the field of human rights through its resolutions, reports, missions to third countries, events related to human rights, trans-governmental delegations and joint parliamentary commissions with third countries, verbal and written queries, special hearings on particular issues and through the Sakharov annual prize. Through the plenary hall discussions, committees, sub-committees and working groups the Parliament controls the activity of the Union and the Commission in this direction.
The Sub-Committee on Human Rights, which is part of the Committee on Foreign Affairs, restored at the beginning of the sixth mandate, is presently a focus point for discussions on the human rights in the European Parliament. The Sub-Committee initiates actions in this field and ensures a permanent forum on the status of human rights and development of democracy in the EU and in the countries outside of the Community, mainly in the candidate-member states. One of its main goals is to support the establishment of the human rights issues in all fields of the Community international relations. The Sub-Committee makes every effort to monitor and assess the application of European tools related to human rights.
During this year, the Parliament was represented at the Forum of European NGOs on Human Rights, at the Third World Congress against the Death Penalty, and at multinational conferences. I have to mention here the meeting in June organized by the Parliamentary Conference of Chairmen of Political Groups, and the EP Resolution expressing its concern about the status of human rights in Darfur. In this Resolution, the European Parliament ‘calls on the governments of the Member States of the European Union, the Council and the Commission to assume their responsibilities and make every possible effort to provide effective protection for the people of Darfur from a humanitarian disaster.’
An important aspect of the parliamentary activity is also the immediate resolutions on concrete cases of violation of human rights. In 2007, such resolutions were issued in support of political prisoners, prisoners of conscience, journalists, human right protectors, repressions of the freedom of expression in Russia, the death penalty for the five Bulgarian nurses and the Palestinian doctor.
A report by MEP Elena Valenciano of October this year summarizes that the Parliament has also been working on the establishment of dialogue on human rights and consultations with third countries (China, Russia, Uzbekistan, etc.). It is rather the EU, than the isolated countries which hardly have sound legislation on human rights, who uses political and economic soft power in order to make changes. In this report, the MEPs declare themselves against sacrificing the human rights in favor of geo-strategic alliances and insist for a better monitoring over the process. Up to now, the EP may be described as missing in this extremely important activity from the EU foreign policy on protection of human rights. Therefore it was proposed that the role of EP in the dialogue and consultation be enhanced. It is quite possible and very desirable that the Parliament be entirely involved in the process by the Union and the Commission. In its capacity of a moral guarantee for the foreign initiatives of the EU, the European Parliament can and mush play a central role in supporting the coordination and transparency of these tools. This will also make them more efficient.
The EU has undertaken to work towards complete recognition of human rights for everybody, including the people who belong to minorities. The Charter of Fundamental Rights calls for protection of cultural, religious and linguistic diversity, and the EU Contract sets the principle of complete recognition of human rights and freedoms, without discrimination. Article 13 of the European Community Contract allows the Community to undertake the necessary measures against discrimination based, among other indicators, on ethnic origin.
The European Parliament is also active in the field of protecting the rights of the minorities. Over the past several years it placed the minorities’ protection at the top of its agenda. The MEPs not only study the general status of minorities, but also deal with specific national or ethnic issues, such as the problems of Roma population.
Among the activities at the European level during this year worth noting is also the establishment of the High-Level Consultative Group on the social integration of ethnic minorities and their full involvement in the labor market. The first session of the Group was held in February 2006, and the report and recommendations will be ready in December 2007. About 20 parliament members, each of them with different experience, share good practices and work together for a better standard on a European scale.
The criteria for membership for the states willing to join the EU, as defined at the European Summit in Copenhagen in 1993, particularly comprise the recognition and protection of minorities: ‘Membership requires that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities…’ In accordance with this, during the first half of 2007 special attention was paid to the persons belonging to minorities within the context of EU expansion, as well as in line with the process of stabilization and expansion of the Western Balkans. In this context, the document for applying and associated countries (Turkey, Croatia and Macedonia) is still being assessed in the reports by the EU to the EP and the Council, recognizing the Roma population as the most vulnerable minority group.
Several EU reports on the rights of minorities were adopted in 2007:
1. European Parliament resolution on promotion and protection of fundamental rights: the role of national and European institutions, including the Fundamental Rights Agency (2005/2007(INI)) - 11/05/05;
2. European Parliament resolution on the protection of minorities and anti-discrimination policies in an enlarged Europe (2005/2008(INI)) – 10/05/05;
3. Impact of cohesion policy on the integration of vulnerable communities and groups – to be adopted by the EP in 2008, (INI).

However, an Eurobarometer study shows that 64% of the European citizens believe that discrimination is widely spread in their countries, and 51% state that not enough measures have been taken to resolve this issue. That is why the new EU Contract is envisaged to reconfirm the protection of minorities and this shall be explicitly stated in the preamble.
I would like to pay special attention to the speech of the President of the European Parliament, Prof. Hans-Gert Pöttering on guaranteeing the linguistic rights on the occasion of presenting a new book on the rights of national minorities. The publication is especially significant because as a result of expansion, in 2004 the protection of national minorities became a problem that concerns each and every one of us in the EU. The President highlighted his mandate over the rights of minorities and inter-cultural dialogue. According to him, the mutual tolerance that helps overcome the prejudices and the peaceful coexistence are of primary importance to Europe.
Racism and xenophobia are incompatible with the principles, on which the EU is based. Its institutions repeatedly rejected and denounced all their forms. According to the latest data from the European Committee on Fundamental Rights, over the past year the acts of racism have increased by between 20% and 45% depending on the country. At least 8 EU countries report a trend for crimes driven by racism. An analysis of discrimination at work, housing policy and education in the 27 Member States shows that racism crimes and violence remain a serious social problem in Europe.
Within the EP works an Intergroup on Anti-racism and Diversity. It deals with issues like migration, anti-Semitism, islamophobia, multiple discrimination, web sites promoting hatred, etc. At present the group has about 250 members.
The German EU chairmanship declared the anti-racism its priority and promised to revive the ceased European framework decision on racism and xenophobia.
I would only like to remind that 2008 was declared by the European Commission a Year of Inter-Cultural Dialogue. This is yet another evidence of the recognized need for development of relations and necessity for additional work towards building reciprocity among the citizens all over the European Union.
As we all know, there is not one approach applicable to all cases when it comes to minorities. The protection of national minorities has to be a combination of international, regional or bilateral and national measures that could be grouped together. Of course, a certain degree of flexibility is needed, corresponding to the circumstances, as specific situations call for specific approach. Nevertheless, this shall never lead to ignoring the main principles when taking ad-hoc decisions. This is why the international and European tools are so important: they set the basic set of principles! We should seek together a proactive approach and we have to support the approved application of the principles into practice. The EU achieves this through a set of programs in support of the minorities, for example in the field of education.
Now, in the 21st century, I am positive that the democratic maturity of the EU Member States is evidenced by the effectiveness level of the participation of minorities in their social, cultural and economic life, as well as in the public affairs of their own countries.
We can keep discussing whether we need more international standards. But one thing is certain: we need improvement of the existing standards and models of good practices. Everything we have already achieved in terms of rules, laws and rights for the minorities needs implementation, application and revitalization.