233 / 536
219
CYIL 7 ȍ2016Ȏ
THE STATUS OF NEWMINORITIES IN THE LIGHT OF THE FRAMEWORK…
the article-by-article approach.
33
At that time, Liechtenstein took a negative attitude
towards the proposed solution and answered that religious minorities are protected by
general human rights instruments and, in practice, the vast majority of immigrants
come from neighboring German-speaking countries. The authorities did not record
any problems with the integration of those immigrants from Germany, Austria and
Switzerland.
A few years later, however, Liechtenstein provided the Advisory Committee with
information on the situation of migrant minorities. Thereupon, the Advisory
Committee included into its evaluation report on Liechtenstein such aspects as e.g.
the fight against racism, the rights of Muslim communities, support for migrant
women and migrant children and the so-called intercultural dialogue.
34
When the Advisory Committee criticized, in particular, that refugees and women
belonging to immigrant communities had difficult access to housing and employment,
the Liechtenstein government did not argue that such questions do not at all fall
under the Framework Convention. On the contrary, Lichtenstein readily responded
to the suggestions made by the Advisory Committee and reported on domestic
legislation regarding the integration of refugees and on statistics documenting the
integration of foreigners.
35
6. New Minorities and the Czech Republic
Until the adoption of Act No. 273/2001 Coll., on the rights of members of
national minorities and the amendment of some acts (Minorities Act), the Czech
legal system was lacking an explicit definition of the term national minority. In its
initial compliance report under the Framework Convention which was submitted in
April 1999
36
the Czech government pointed at the relevant administrative practice
under which national minorities were perceived as groups of people who have
Czech citizenship and have permanent residence in the Czech Republic, who share
common ethnic, cultural and linguistic characteristics, by which they differ from the
majority population, who expressed a common desire to be considered as a national
minority and to preserve their minority identity, traditions and languages, and who
have a long-term, firm and lasting relationship with Czech society.
37
When the
initial report was submitted, Czech governmental practice recognized six national
minorities to be represented in the Government Council for National Minorities.
38
33
ACFC/INF/OP/I(2001)003, p. 4.
34
ACFC/OP/III(2009)001, pp. 6-9.
35
GVT/COM/III(2010)001, pp. 4-5.
36
ACFC/SR(1999)006.
37
Ibid
., p. 14. The elements of this definition have been incorporated into Section 2 of the Minorities Act.
See below.
38
It was the German, Hungarian, Polish, Romany, Slovak and Ukrainian national minorities.