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INTRODUCTION

Madam Chairman,

Thank you for the invitation to come and join you and a number of my friends here again in Helsinki to discuss minority protection in a country that has made the rights of minorities an important policy and constitutional issue. Therefore it is very appropriate that this meeting should be convened by the Foreign Ministry in cooperation with the Parliamentary Human Rights Group. Furthermore, the opening address by the Minister for Foreign Affairs, Ms Jarja Halonen sets the tone. She, as is well known, has an excellent reputation for her own personal work in the field of minority rights, well before she became Foreign Minister.

My task today has been made much easier by the authoritative presentations made earlier this morning on the role of the United Nations, the Council of Europe, and the OSCE regarding the protection of minorities. From an NGO perspective, I will build on the evidence and analysis of this morning to present some ideas for the future. NGOs have a reputation for being provocative and controversial; I will try not to disappoint you. The comments that I shall make are based upon many years of research, analysis and participation by MRG at the UN (on the UN Declaration on Minorities in particular), at the OSCE since the Copenhagen Agreements in 1990 and most recently at the Council of Europe with the Framework Convention on National Minorities. I do not intend to comment specifically on Finland or its politics as MRG has not commissioned any recent research on this issue, but I will make some proposals on what a country like Finland may do based upon international human rights principles.

· The first priority would always be to understand what is happening today and to make reasonable estimates on what might happen in the future. This needs to be based on objective and authoritative research, reinforced by an open democratic dialogue on issues. The convening of a debate in the Parliament House, shared by a leading minority party parliamentarian is an exemplary way to act. Honest dialogue which leads to understanding and the promotion of intercommunity cooperation within a rights framework is always needed. Additionally, the likelihood of the conclusions of this meeting being disseminated to parliamentarians, within the Foreign Ministry and through NGOs and the media to the broader society in Finland is an important factor.

WHY  SHOULD MINORITY PROTECTION BE A PRIORITY

Today, television news focuses on violent conflict throughout the world presenting dramatic, but brief film footage of tragedies throughout the world. All of us in Europe have been exposed to the sight of the shelling of Sarejevo, bombings in Chechnya, genocide in Rwanda and Burundi and inter-communal conflict among the Kurds, encouraged by Iraq and Iran. Among politicians and diplomats at the Security Council in New York, two of the major issues are conflict prevention and conflict management. These are illustrated by the large (very large compared to human rights budgets) expenditure on peace keeping. Analysing these interventions and the violent conflicts throughout the world in the 1990s, most of today's violent conflicts are internal conflicts within a state.

However, the provision of minority rights and conflict resolution are not one and the same issue. As many of you will know, potential social conflict can be avoided through repression and not the granting of minority rights. This was often the case in the Former Soviet Union. Minority rights and intercommunity cooperation are much broader human rights principles with global implications. They are relevant in all countries of the world irrespective of  political tensions. They afford dignity and opportunity to individuals and groups and allow them to enjoy, develop and fulfil their potential in life, whatever ethnic, religious or cultural traditions they possess.

Finland has a rich experience of minorities, though the numbers are small compared to the estimated 6,000 different linguistic minorities world-wide. Most countries of the world have minorities, but often they are among the poorest. For example, indigenous communities are too often exploited and marginalised by modern society in its rush for economics development. They are often excluded from majority society and groups like the Roma are exposed to extremes of racial abuse even in well established democracies. Minorities can be discriminated against in employment, such as the Copts of Egypt, limited in their education opportunities like the Tamils of Sri Lanka or denied their language and culture like the Kurds of Turkey.

Within MRG reports and a forthcoming World Directory on Minorities covering over 700 different minority groups, there is a pattern of marginalisation, impoverishment and a denial of rights. This affects at least 10% of the world's population (and possibly double this number), most of whom are children and, of course, half of whom are women. These people are doubly marginalised and represent one of the most pressing human rights and development issues today which needs to be confronted much more determinedly by governments and donors as well as by lawyers and activists.

· A clear policy statement of solidarity is needed. It should be accompanied by practical support, often financial, in order to promote minority rights in practice.                     
 
THE FUTURE

Past and current trends are not easily interpreted in order to predict future trends. It is too dramatic to speak of the end of history, though it is self evident that super power rivalry has disappeared at least for the time being and economic imperatives and new technology are dominating.

The growth of market forces and the power of international corporations only accountable to their non-democratic base of shareholders and funding institutions appears inevitable. Similarly, we are experiencing a growing technology revolution. Each week, new satellite television stations appear and new computer communication systems are launched. The Internet has no nationality and very often, companies have no ethnicity, ethos or culture other than profit. This may in turn lead to a greater mobility of ideas and experiences, diminishing geographical divides. In this area, the state becomes weaker and as a reaction to cultural homogenisation by television there may be irresistible demands for devolution and autonomy from the weaker and less relevant nation state. This will be enhanced by the growth of civic society in emerging democracies.

The European Union plans for further expansion in the next century.  Consequently, the emphasis is likely to be on new economic incentives to encourage stability, while stability at the periphery will attract new investment and the prospect of wider European Union membership. Conversely, those states that are unstable with tense, inter-communal relations are likely to be excluded from the new European Union, leading to further inter-group tensions.

Experience over former Yugoslavia in particular, has led to a much better understanding by foreign ministries of the complexity of the issues, the impotence of many external actors, the ramifications of interstate conflict and a recognition that pressure through the media sometimes obliges Western governments to intervene.  Furthermore the high costs of military support, emergency aid and several million refugees and displaced persons on the borders of Western Europe has dismissed any complacency.

Long term initiatives are essential and the time for inter-governmental statements is over. The many agreements of principle need to be transformed into action.  The political emphasis in the future will continue to centre on conflict prevention and management, but the focus should be on longer term measures to encourage robust multi-cultural societies. This would give reality to the phrase "democratic security" and in practice will provide protection from inter-communal conflict.


FUTURE PRIORITIES INTERNATIONALLY

NEW STANDARDS

Earlier speakers have referred to the rapid development of international standards on minorities. These are important new standards. However, certain crucial issues including devolution, geographical and cultural autonomy or new forms of power sharing have been too controversial for states to agree standards in this area. Nevertheless, in many cases of tension between communities in Western Europe, these have been found to be crucial. New forms of cultural autonomy within the media, education systems and resource allocations, are undoubtedly needed and are likely to be more relevant in the future.

However it is doubtful if much more progress will be made on standards for minorities. in the near future. A UN Declaration on Indigenous Peoples may not come this century, while a covenant on either minority or indigenous rights may take a decade to achieve. The emphasis in the near future must be the effective implementation and interpretation of existing standards.


IMPLEMENTATION OF STANDARDS

There is a real danger of the existing standards either not being implemented or being inadequately implemented with poor monitoring mechanisms and weak enforcement regimes. Here, we would encourage all governments to sign ILO Treaty 169 on  Indigenous Peoples after careful consideration and planning. Furthermore it is important for governments to take seriously the comments of existing treaty bodies interpreting the major covenants, including the Convention on the Rights of the Child and the Covenant on the Elimination of Racial Discrimination. These may require the development of action plans in order to respond to findings, thereby showing how a democracy can use criticism constructively.

· At the moment there is a real danger that unless a country like Finland leads an initiative, the new Council of Europe Framework Convention on National Minorities may become worthless. Decisions will be taken soon on how its implementation body - the Advisory Committee - will be appointed and how it will conduct its business. There is a determined effort by one or two influential and well established Western European democracies to undermine the strength of the Framework Convention by ensuring that there is a weak implementation body. This is for their own narrow domestic political reasons.


CONSISTENCY OF APPROACH

· An important issue is to promote a consistent approach within and across different international agreements. The work on new standards has been rapid and there are a range of standards that are not properly understood - such as those that demand that states promote the identity of minorities, while customary interpretations can be built up through an analysis of good practice. Here, research, analysis and documentation by governmental and non governmental parties are needed in helping to identify the more successful cases of 'accommodation' between communities - model of good practice.

There needs to be greater understanding on the group or collective aspects of religious, linguistic and religious rights. The references in texts are primarily to 'persons belonging to minorities' but not exclusively so. The notion that a person can freely choose whether to belong to a minority is cherished by some states, but in reality identity is much more complex. Some of the studies that have been conducted by governments in the past are self congratulatory exercises in public relations and the demand for more serious, objective and timely reviews by scholars, practitioners and minorities is essential. There is a recognition that standards alone, even if adopted, are not enough and that specific implementation measures are needed in countries whether at state or local level.


INTER-COMMUNAL COOPERATION

· Another central issue is to explore long-term approaches to building inter-community co-operation, making this part of national and local planning. In this highly complex area spanning individual and group rights, social, economic and political rights, local state and international arrangements, much more needs to be done to find effective ways of achieving minority rights and peaceful co-existence. 

It is however, always difficult to prove the success of early actions; it is often forgotten how much hard work is essential to secure good intercommunity relations. Politicians and governments can be complacent when there are few tensions and no violent conflicts. However this is the time to be diligent and to promote good intercommunity relations through a coherent programme including education and training programmes. This can ensure that there is a robust structure to ensure that racism and xenophobia cannot take hold. This will require a rights approach on the domestic and international front supported by appropriate funding.

Issues such as the promotion of identity, the full participation of minorities in economic progress, the planning of national policies and programmes with regard to minorities deserve serious study in order to give practical meaning to agreements between states. These are especially needed at local town and village level and while examining influences which impact on local inter-community relations.


FUNDING POLICY

It will be important to involve funding institutions who have a mutual interest in promoting stability. The fear of reduced funding and possible exclusion from economic trading zones has led to some Eastern European governments with poor minority rights records being seen to be the first to sign various minority rights standards.

· The international community needs to ensure that the financial institutions of the European Community, the World Bank, the IMF and the European Bank for Reconstruction and Development supports these minority standards in their funding policies. This may, over time, create pressure to conform to standards which military pressure from the Warsaw Pact and NATO presented five years ago.  However much has to be done. The International Monetary Fund's financial support of Russia, following army intervention in Chechnya, requires close monitoring to ensure that democracy and liberal policies are practised or investments will be wasted.

· The United Nations agencies are instructed to give due regard to the UN Declaration on Minorities in their activities including the provision of economic and technical assistance. There is little evidence that such constructive measures are being taken either by UN or by states in their programmes of assistance. This should be reviewed by the new UN Working Group on Minorities and the High Commissioner on Human Rights. Indeed States and NGOs could and should press for action here.

· The UN Declaration on the Rights of Minorities states that 'Programmes of cooperation and assistance among States should be planned and implemented with due regard for the legitimate interests of persons belonging to minorities'. This should be a central tenet of every country's development assistance. Examples abound where this has not happened in dam projects, population transfers, national parks and deforestation interalia, re-emphasising the importance of consultation and the participation of minorities.

A debate is now opening in the OECD, Development Assistance Committee and with the right input from donor governments it could lead to a coherent strategy for minority rights and development. Research and documentation on the success and failure of development projects upon minority communities is needed together with a good understanding of inter-communal relationships within a state. This could establish a set of operational guidelines to enable minorities to participate in the development process equally and where necessary, through projects to meet their own special needs. Minority communities may require equivalent rather than identical provisions, but a holistic approach is needed rather than sectoring minorities under topics such as agriculture or afforestation.

The developmental emphasis should concentrate on the participation of minorities through a truly effective democratisation process. Aid programmes should be encouraged to fund support to civil society, including NGO action research projects, information and education programmes on inter-racial justice as well as projects that empower vulnerable minority communities.

There are no simple 'solutions' as social and political tensions are the essence of a vibrant democratic society. Managing these tensions constructively and reducing the marginalisation and poverty requires a long term development programme.

· MRG would urge all aid agencies to establish a policy on minority and indigenous people.


NGOS

Promoting minority rights cannot depend on governments alone. It is crucial for any vibrant developing democracy that different views and opinions flourish. Here, NGOs can play a critical role in encouraging different opinions and ideas for change . This is particularly true in attempts to improve inter-community relations where a change in public attitudes is often so crucial in overcoming one community's insensitivity to the perceptions and needs of another.

NGOs can undertake research, produce and disseminate publications, convene meetings, enter into debate through the media and challenge conventional or government thinking. This can be an effective early warning of difficulties ahead and offer opportunities for improvement and change. This can be combined with sharing of international experiences and the opening up of a constructive dialogue through various UN fora.

NGOs also provide the international community with evidence of how people within a country are denied their rights. In the absence of democratic protection, international NGOs can play a crucial role in ensuring that infringements of United Nations standards are well publicised.This may play a crucial role in preventing further abuses and in fortifying change from within.

There is some tension between those NGOs which are experienced organisations providing a 'professional' service and those which are self-help groups. The former offer alternatives to state delivery services, are much smaller, can be flexible and responsive and offer choices of delivery to the donor. There are many advantages of using NGOs, especially when the state apparatus may be unresponsive to sectors of society. NGOs can often reach indigenous and minority communities, which governmental programmes cannot reach.

There is much to say in favour of self-help groups, those which promote self reliance and empowerment. They can lead to power sharing and a broader democracy. Such bodies may require professional support, education and training, which can be provided by those with experience in service delivery.

NGOs can provide an excellent opportunity for broadening democracy. This can enable people individually and collectively at local and state levels to participate in their society (especially if they are not part of central government). Involvement in NGOs can give expression to an individuals multiple identity and, over time, can help break down, rather than reinforce, ethnic, religious or linguistic identity as being the only forms of group unity and political expression. In a mature democracy, people should be able to express their identity in a multiplicity of ways.