Minority Protections Enhanced in Bosnia, Georgia

CoE/Advisory Committee on the Framework Convention for the Protection of National Minorities (FCNM)

The Council of Europe has published two new opinions by the Council of Europe's Advisory Committee on the Framework Convention for the Protection of National Minorities (FCNM), on Bosnia and Herzegovina and on Georgia.

In its opinion on Bosnia and Herzegovina the Committee urges Bosnia and Herzegovina to address alarming trends and persistent challenges concerning the country's 17 registered national minorities (see summary of the opinion in Bosnian as well as the government comments). The Committee finds that the society remains deeply divided along ethnic lines, exacerbating political and rhetorical hostilities among its constituent peoples - Bosniaks, Serbs, and Croats.

This division impedes the country's overall progress, including that of national minorities whose associations have not received state funds since 2020 due to the state authorities' failure to adopt a budget. Persons belonging to national minorities continue to face discrimination in political participation and access to public positions, with key European Court of Human Rights judgments remaining unimplemented. This situation has eroded public trust in democratic institutions and governance, compounded by the lack of enforcement of domestic court rulings.

As for Georgia, the Advisory Committee's opinion says that an overall general climate of support for the protection of minority rights prevails, but more action from the authorities is needed to foster a climate of mutual respect and dialogue between all persons in society (see also the summary of the Opinion in Georgian as well as the comments of the Government). The Advisory Committee has observed several positive developments. The mandate of the Public Defender has been considerably reinforced: he/she is now entitled to address obligatory requests for information to private persons and deal with complaints related to administrative proceedings.

The authorities have successfully dealt with the Committee's previous recommendation relating to the costs for renting the premises of the Public Defender's headquarters, and clear efforts are made regarding the implementation of legislation related to racial discrimination. Specific measures to facilitate access to education have also been taken. However, despite notable promotion of the cultures and identities of persons belonging to national minorities, the contribution of minority cultures to the Georgian cultural heritage is not sufficiently recognised by the majority. Sustainable funding, including for maintenance or reconstruction of cultural heritage monuments, as well as allocation of suitable premises, with a particular focus on numerically smaller minorities, are necessary.

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