Introduction

Protection of Canadian minorities, also referred to as visible minorities, identified as national minorities, is a core issue for the FAAVM, and many activities are being undertaken in this field. These include the development of legally binding Canadian standards, drafting of national legislations, and the development of legally binding international standards, of which the FAAVM Charter for the Protection of Canadian Minorities is a prominent example, so as the FAAVM CHARTER for the Protection of Canadian Minorities inspired by the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and as such the Framework Convention for the Protection of National Minorities being implemented domestically giving birth to the first legally binding national and international humanitarian instrument thereinafter the FAAVM CHARTER for the Protection of Canadian Minorities.

The Charter, which entered into force on 1st July 2005, is the first ever legally binding multilateral instrument devoted to the protection of Canadian minorities in general. It covers a wide range of issues that are central to the protection of Canadian minorities and makes clear that the latter is an integral part of the protection of human rights. At the same time, an emphasis is being placed on the successful implementation of the Charter and the functioning of its monitoring mechanisms, in particular the Advisory Committee.

THE

FAAVM CHARTER

FOR THE PROTECTION OF CANADIAN MINORITIES

Preamble

Considering that the aim of the FAAVM is to achieve greater unity between visible minorities and majority groups, for the purpose of safeguarding and realizing the ideals and principles, which are their common heritage;

Considering that one of the methods by which that aim is to be pursued is the maintenance and further realization of human rights and fundamental freedoms;

Considering that a pluralist and genuinely democratic society should not only respect the ethnic, cultural, linguistic and religious identity of each person belonging to a national minority, but also create appropriate conditions enabling them to express, preserve and develop this identity;

Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source and a factor, not of division, but of enrichment for each society;

Considering that the realization of a tolerant and prosperous Canada does not depend solely on national co-operation but also requires trans national cooperation between local, provincial and national authorities without prejudice to the constitution and territorial integrity of each province.

Having regards to the FAAVM Charter for the Protection of Canadian Minorities, the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto;

Having regards to the commitment concerning the protection of Canadian minorities in FAAVM conventions and declarations and in the documents of international humanitarian instruments, particularly the International Covenant on Civil and Political Rights, and in national human rights instrument, whereas the Canadian Charter of Rights and Freedoms.

Being resolved to define the principles to be respected and the obligations, which flow from them, in order to ensure the effective protection of Canadian minorities and to the rights and freedoms of persons belonging to those minorities, within the rule of law, respecting the territorial integrity and national sovereignty of Canada.

Being determined to implement the principle set out in this Charter through national legislations and appropriate governmental policies;

We the FAAVM Canada therefore solemnly proclaim,

 Section I

Article 1

The protection of Canadian minorities and the rights and freedoms of persons belonging to those minorities form an integral part of the international protection of human rights, and as such fall within the scope of international co-operation.

Article 2

The provision of this Charter shall be applied in good faith, in a spirit of understanding, tolerance and in conformity with the principles of good neighborliness, friendly relations and national co-operation.

Article

1. Every person belonging to national and/or Canadian minorities shall have the right freely choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights, which are connected to that choice.
2. Persons belonging to national and/or Canadian minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present Charter individually, as well as in community with others.

Section II

Article 4

1. The FAAVM Canada undertakes to guarantee to persons belonging to Canadian minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
2. The FAAVM Canada undertakes to adopt, where necessary, adequate measures in order to promote, in all areas of economic, scientific, educational, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority. In this respect, they shall take due account of the specific conditions of the persons belonging to national minorities.
3. The measures adopted in accordance with section 2, paragraph 2 shall not be considered to be an act of discrimination.

Article 5

1. The FAAVM Canada undertakes to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.
2. Without prejudice to measures taken in pursuance of their general integration policy, the FAAVM Canada shall refrain from policies or practices aimed at assimilation or persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation.
3. The FAAVM Canada shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect, understanding and co-operation among all persons living in Canada, irrespective of those persons' ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media.

1. The FAAVM Canada undertakes to take appropriate measures to protect persons who may be subject to threats, or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity and/or origin.

Article 6

The FAAVM Canada shall ensure respect for the rights of every person belonging to a national minority to freedom of peaceful assembly, freedom of association, freedom of expression, and freedom of thought, conscience and religion.

Article 7

The FAAVM Canada undertakes to recognize that every person belonging to a national minority has the right to manifest his/her religion or belief, and to establish religious institutions, organizations and/or associations.

Article 8

1. The FAAVM Canada undertakes to recognize that the right to freedom of expression of every person belonging to a national minority includes freedom to hold opinions, to receive and impart information and ideas in the minority language, if possible, without interference by public authorities and regardless of frontiers. The FAAVM Canada shall ensure, within the framework of the Canadian legal/justice systems, that persons belonging to a national minority are not discriminated against in their access to the media.
2. Paragraph 1 shall not prevent Parties from requiring the licensing, without discrimination and based on objective criteria, of sound radio and television broadcasting, or cinema enterprises.
3. The parties shall not hinder the creation and use of printed media by persons belonging to national minorities. In the legal framework of sound radio and television broadcasting, they shall ensure, as far as possible, and taking into account the provision of paragraph 2, that persons belonging to national minorities are granted the possibility of creating and using their own media.
4. In the framework of the Canadian legal system, the FAAVM Canada shall adopt adequate measures in order to facilitate access to the media for persons belonging to national minorities and in order to promote tolerance and permit cultural pluralism.

Article 9

1. The FAAVM Canada undertakes to recognize that every person belonging to a national minority has the right to use freely and without interference his or her minority language in private and/or in public, orally and/or in writing.
2. In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if those persons so request and where such a request corresponds to a real need, the FAAVM shall endeavor to ensure, as far as possible, the conditions which would make it possible to use the minority language in relation between those persons and the administrative authorities.
3. The FAAVM Canada undertakes to guarantee the right of every person belonging to a national minority to be informed promptly, in a language which he or she understands, if possible, of the reasons for his or her arrest, and of the nature and cause of any accusation against him or her, and to defend himself or herself in this language, if necessary, and if possible, with free assistance of an interpreter.

Article 10

1. The FAAVM Canada undertakes to recognize that every person belonging to a national minority has the right to use his or her surname (patronym) and first names in the minority language and the right to official recognition of them, according to modalities provided for in the Canadian legal/justice system.
2. The FAAVM Canada undertakes to recognize that every person belonging to a national minority has the right to display in his or her minority language, signs, inscriptions, and other information of a private nature visible to the public.
3. In areas traditionally inhabited by substantial numbers of persons belonging to a national minority, the FAAVM Canada shall endeavor, in the framework of the Canadian legal/justice system, including, where appropriate, agreement with other countries, and taking into account their specific conditions, to display traditional local names and other topographical indications intended for the public also in the minority language when there is a sufficient demand for such indications.

Article 11

1. The FAAVM Canada shall, where appropriate, take measures in the fields of education and scientific research to foster knowledge of the culture, history, language and religion of national minorities and the majority.

2. In this context, the FAAVM Canada shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities.

3. The FAAVM Canada undertakes to promote equal opportunities for access to education at all levels for persons belonging to national minorities.
    

Article 12

1. Within the framework of the Canadian educational system, the FAAVM Canada shall recognize that persons belonging to a national minority have the right to set up and to manage their own educational and training establishments.
2. The exercise of this right shall not entail any financial obligation for Canada.

Article 13

1. The FAAVM Canada undertakes to recognize that every person belonging to national minority has the right to learn his or her minority language.
2. In areas inhabited by person belonging to national minority traditionally or in substantial numbers, if there is sufficient demand, the FAAVM Canada shall endeavor to ensure, as far as possible and within the framework of the Canadian educational system, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction in this language.
3. Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.

Article 14

The FAAVM Canada shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social, scientific, political and economic life and in public affairs, in particular those affecting them.

Article 15

Canada shall refrain from measures which alter the proportions of the population in areas inhabited by persons belonging to national minorities and are aimed at restricting the rights and freedoms flowing from the principles enshrined in the present FAAVM Charter For the Protection of Canadian Minorities.

Article 16

1. The FAAVM Canada undertakes that Canada does not interfere with the rights of persons belonging to national minorities to establish and maintain free and peaceful contacts across frontiers with persons lawfully staying in other countries, in particular those with whom they share an ethnic, cultural, linguistic or religious identity, or a common cultural heritage.
2. The FAAVM Canada undertakes that Canada does not interfere with the rights of persons belonging to national minorities to participate in the activities of non-governmental organizations, both at the national and international levels.

Article 17

1. The FAAVM Canada shall endeavor to conclude, where necessary, bilateral and multilateral agreements with other countries, in particular neighbouring countries, in order to ensure the protection of persons belonging to the national minorities concerned.
2. Where relevant, the FAAVM Canada shall take measures to encourage transfrontier co-operation.

Article 18

The FAAVM Canada undertakes to respect and implement the principles enshrined in the present Charter, making, where necessary, only those limitations, restrictions or derogations which are provided for in international legal instrument, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, insofar as they are relevant to the rights and freedoms flowing from the said principles.

Section III

Article 19

In the exercise of the rights and freedoms flowing from the principles enshrined in the present Charter, any person belonging to a national minority shall respect the national legislation and the rights of others, in particular those of persons belonging to the majority or to other national minorities.

Article 20

Nothing in the present Charter shall be interpreted as implying any right to engage in any activity or perform any contrary to the fundamental principles of national and international law, and in particular of the sovereign equality, territorial integrity, and political independence of Canada.

Article 21

Nothing in the present Charter shall be construed as limiting or derogating from any of the human rights and fundamental freedoms, which may be endured under the laws of any contracting party or under any other agreement to which it is a party.

Article 22

The rights and freedoms flowing from the principles enshrined in the present Charter, insofar as they are the subjects of a corresponding provision in the Convention for the Protection of Human Rights and Fundamental Freedoms, or in the Protocols thereto, shall be understood so as to conform to the latter provisions.

Section IV

Article 23

1. The Board of Governors of the FAAVM Canada shall monitor the implementation of this Charter under the supervision of the National Assembly.
2. The members, who are not of the visible minorities, and are of the majority, shall participate in the implementation mechanism, according to modalities to be determined.

Article 24

1. Within a period of one year following the entry into force of this Charter, the latter shall transmit to the President and Chief Executive Officer of the FAAVM Canada full information on the legislative and other measures taken to give effect to the principles set out in this Charter.
2. Thereinafter, the President and CEO shall transmit on a periodical basis to the Board of Governors whenever the Board of Governors so request any further information of relevance to the implementation of this Charter.
3. The President and CEO shall forward to the National Assembly the information transmitted under the term of this Article.

Article 25

1. In evaluating adequacy of the measures taken by the FAAVM Canada to give effect to the principles set out in this Charter, the National Assembly and the Board of Governors shall be assisted by an advisory committee, the members of which shall have recognized expertise in the field of the protection of national minorities.
2. The composition of the advisory committee and its procedures shall be determined by the Board of Governors within a period of one year following the entry into force of this Charter.

 Section V

Article 26

This Charter shall be open for signature by member of the visible minority communities and representatives. Up until the date when the Charter enters into force, it shall also be open for signature by any other majority representatives so invited by the Board of Governors. It is subject to ratification, acceptance or approval. Instrument of ratification, acceptance or approval shall be deposited with the President and Chief Executive Officer of the FAAVM Canada.

Article 27

1. This Charter shall enter into force on the seventh (7th) day of July 2005, following the expiration of a period of three months after the date on which visible minority members and representatives have expressed their consent to be bound and abide by the Charter in accordance with the provision of Article 26.
2. In respect of any visible minority communities and representatives, which subsequently express their consent to be bound and abide by it, the Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.

Article 28

1. After the entry into force of this Charter and after consulting the visible minority communities, the Board of Governors of the FAAVM Canada and/or the National Assembly may invite to accede to the Charter, by a decision taken by the majority provided for in Article 19 of the Statute of the FAAVM Canada.
2. In respect of any acceding majority, the Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of accession with the President and Chief Executive Officer of the FAAVM Canada.

Article 29

1. Any visible communities and representatives at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, shall specify the province, territory, ethnic community for whose international and national relations it is responsible, and to which this Charter shall apply.
2. Any visible minority community and representatives at any later date, by a declaration addressed to the National Assembly of the FAAVM Canada, extend the application of this Charter to any other territory or province specified in the declaration. In respect to such territory or province the Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the President and Chief Executive Officer.
3. Any declaration made under the two preceding paragraphs may, in respect of any visible minority community and representatives, be withdrawn by a notification addressed to the National Assembly. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the President and Chief Executive Officer on behalf of the National Assembly.

Article 30

1. Any minority community and representatives met at any time, denounces this Charter by means of notification shall be addressed to the President and Chief Executive Officer of the FAAVM Canada.
2. Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the President and Chief Executive Officer of the FAAVM Canada.

Article 31

The President and Chief Executive Officer of the FAAVM Canada shall notify the visible minority community and representatives, other signatory majority and any other groups which has acceded to this Charter, of:

a. any signature,

b. the deposit of any instrument of ratification, acceptance, approval or accession,

c. any date of entry into force of this Charter in accordance with Articles 27, 28, and 29;

d. any other act, notification or communication relating to this Charter.

In witness whereof the undersigned, being duly authorized thereto, have signed this Charter.

Done at Ottawa, this 7th day of July 2005, in English, as a single copy shall be deposited in the archives of the FAAVM Canada. The President and Chief Executive Officer and the Secretary General of the FAAVM Canada shall transmit certified copies to each visible minority communities and representatives of Canada and to any representative invited to sign or accede to this Charter.

3. Explanatory report

Background

The FAAVM Canada has examined the situation of national minorities, officially referred to as “visible minorities” within Canada for the past decade. In its very first years of existence (2002), the FAAVM Canada National Assembly recognized, in a report of its Board of Governors on legislative and administrative questions, the importance of “the problem of wider protection of the rights of visible minorities “. In 2005, the FAAVM Canada National Assembly recommended the inclusion of an international instrument in a first protocol to guarantee to visible minorities certain rights not covered by the constitution, and the Canadian Charter of Rights and Freedoms.

Person belonging to national minority shall not be denied the right, in community with the other members of their group, and as far as compatible with public order, to enjoy their own culture, to use their own language, to establish their schools and receive teaching in the language of their choice or to profess and practice their own religion.

More recently the International Civil Rights Agency (ICRA) recommended to the National Assembly a number of legal measures to the Board of Governors, in particular the adoption of the Framework Convention for the Protection of National Minorities, as the drawing up of the FAAVM Charter for the Protection of National Minorities, which the Framework Convention for the Protection of National Minorities being adopted and implemented as the domestic level.

Structure of the FAAVM Charter

Apart from its Preamble, the FAAVM Charter contains an operative part, which is divided into five sections.

Section I contains provisions, which in a general fashion, stipulate certain fundamental principles which may serve to elucidate the other substantive provision of the Charter.

Section II contains a catalogue of specific principles.

Section III contains various provisions concerning the interpretation and application of the Charter.

Section IV contains provisions on the monitoring of the implementation of the Charter.

Section V contains the final clauses, which are based on the model final clauses for conventions and agreements concluded within the FAAVM Canada.

Adopted and ratified be the FAAVM National Assembly, the Board of Governor in special reunion giving birth to the FAAVM Charter, which represents a national and international legally binding humanitarian instrument, which shall serve to enforce international humanitarian and human rights laws and principles at the domestic level within Canada, for the sole purpose of providing adequate protection to Canadian national minorities and majorities where applicable and respected.