Resolution CM/ResCMN(2016)10 on the implementation of the Framework Convention for the Protection of National Minorities by Spain

The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as "the Framework Convention");

Having regard to Resolution Res(97)10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention;

Having regard to the voting rule adopted in the context of adopting Resolution Res(97)10;[1]

Having regard to the instrument of ratification submitted by Spain on 1 September 1995;

Recalling that the Government of Spain transmitted its State report in respect of the fourth monitoring cycle under the Framework Convention on 4 March 2014;

Having examined the Advisory Committee's fourth opinion adopted on 3 December 2014;

Having also taken note of comments by the Government of Spain and other governments;

1. Adopts the following recommendations in respect of Spain:

The authorities are invited to take account of the observations and recommendations contained in Sections I and II of the Advisory Committee's fourth opinion. In particular, they should take the following measures to improve further the implementation of the Framework Convention:

Issues for immediate action:[2]

- continue to ensure that programmes to promote the full and effective equality of Roma include clear targets and well-defined actions and benefit from adequate, earmarked funding, and ensure that the impact of such programmes is effectively monitored, in consultation with representatives of the Roma;

- step up efforts to combat all forms of racism and intolerance; and ensure that all alleged cases of hate speech, including those committed on the Internet as well as in the print and audiovisual media, are investigated, prosecuted and sanctioned on the basis of the recent reform of the Criminal Code which includes provisions to better prosecute hate speech and violence;

- ensure that austerity measures taken in the context of the economic crisis, including in the fields of education, housing and health, do not disproportionately impact, directly or indirectly, on Roma;

Further recommendations:2

- ensure that the Council for the Elimination of Racial and Ethnic Discrimination carries out its task with independence, in accordance with Law 15/2014 on the Reform of the Administration, continue to fund and support the Network of Assistance to Victims of Discrimination and consider the future adoption of additional comprehensive anti-discrimination legislation;

- continue efforts to raise awareness among groups most frequently targeted by discrimination and hate crimes of the avenues of redress available to them;

- continue to provide support to the Institute of Roma Culture as well as to other projects and programmes aimed at preserving and promoting Roma culture, including the Romani and Caló languages, to the extent that demand for this exists;

- continue to implement measures to train members of police forces to work effectively in a diverse society and to prevent ethnic profiling;

- continue efforts to improve the integration and achievements of Roma pupils in schools, so that the concentration of Roma children in schools located in disadvantaged areas does not hamper their access to adequate education;

- take effective steps within the education system to increase the knowledge and awareness of all children about Roma identity and culture as an integral part of Spanish culture;

- continue supporting and take measures to increase the effectiveness of the State Council for the Roma People, engage in meaningful dialogue and promote wherever appropriate the establishment of effective consultative bodies between the authorities at local and regional levels and the Roma.

2. Invites the Government of Spain, in accordance with Resolution Res(97)10:

a. to continue the dialogue in progress with the Advisory Committee;

b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in sections 1 and 2 above.

[1] In the context of adopting Resolution Res(97)10 on 17 September 1997, the Committee of Ministers also adopted the following rule: "Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting Parties casting a vote, including a majority of the representatives of the Contracting Parties entitled to sit on the Committee of Ministers, vote in favour".

[2] The recommendations below are listed in the order of the corresponding articles of the Framework Convention.