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Cornwall excluded from Framework convention report..

frenchie Posted: 10.12.2006, 14:26



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In the government's draft UK Framework Convention Compliance Report. The Cornish are once again the only group specifically mentioned as being excluded!

The document runs to 94 pages. The only reference to the Cornish and the Convention is as follows:

Page 8, Paragraph 17:

Quote"Since the UK government ratified the FCPNM, a number of Cornish organisations and individuals have made representations to the Government arguing that the Cornish should be considered within the scope of the FC's application in the UK. The Government therefore included these organisations in its consultation prior to the preparation of this 2nd report under the FC. The Government has considered the arguments put forward for the inclusion, but has not been convinced that a move away from the RRA formula can be justified. The Government considers that the UK's enormous diversity, embracing individuals of many different (and sometimes multiple) ethnic, national cultural, faith identities is a matter for celebration and a source of national strength. The fact that the UK does not recognise "national minorities" as such as (sic) not been a barrier tto the UK's many communities being able to maintain there distinct identities. The Government is very much aware of the strength of feeling about Cornwall's separate identity and distinctiveness. In this context the Committee may wish to note thaty, in 2002, the Government recognised the Cornish language under Part II of the Charter for Regional or Minority Languages. The Advisory Committee may also wish to note that, in June 2005, the Government announced the provision of £240,000 over three years to support implementation of the adopted Cornish Language Strategy. This funding is part of a package totalling £600,000, including Objecticve I funding approved in january 2006, and support from Cornwall County Council. This appointment has enabled the appointment of a full time Cornish Language Strategy manager to take forward development and implementation of the Strategy. The GOSW commissioned the independent academic study in 2000 which helped to inform the Government's decision to give official recognition, was a member of the Strategy group, and is working with the Cornish Language Partnership to take forward the Strategy in line with Charter committments."

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frenchie Posted: 10.12.2006, 14:30



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As the Cornish do not have RRA caselaw history, they have been excluded from the Convention.

Yet, throughout the remaining 94 pages, there are copious references to un-defined "minority ethnic" groups, "Chinese" and various others, all of whom appear to have been given lashings of government support under the FCPNM and absolutely none of which have any RRA caselaw history!
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frenchie Posted: 10.12.2006, 14:31



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Electronic copies of the document are available by email from:

neil.harris@communities.gsi.gov.uk
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CJenkin Posted: 10.12.2006, 16:52



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Once again the government has ignored our human rights - this is a perfect area for a campaigning organisation to take the government on.

Now all we need is a court case to demonstrate that the Cornish are an ethnic minority ...
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frenchie Posted: 10.12.2006, 17:19



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Quote from a CSP member...

QuoteThe only saving grace is that this is a draft document which is open for critical comment. That will need to be done before 20 January 2007 at the very latest. It seems as though another legal challenge will have to be mounted.
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frenchie Posted: 10.12.2006, 18:02



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Quotethis is a perfect area for a campaigning organisation to take the government on.


"All and One".. with each 'One' doing their 'All' in their own unique way. This is the way forward in my book.

Lets make 2007 the year when the CSP, MK, CS, and every other Cornish spirited 'ONE' in Cornwall does their own thing, in their own way, for the one thing they all have in common. Cornwall.

Don't forget though, you only have until the 20th January 2007 to react to this particular issue..
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frenchie Posted: 10.12.2006, 18:03



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Another Quote from a CSP member...

"Interesting also is that, despite the breaking down of this report into the various devolved regions of the UK, I have yet to see reference to the "Welsh" minority in Wales, or the "Scottish" minority in Scotland. Those regional reports appear to be devoted almost entirely to Irish Traveller provision in those areas, although there is some limited input relating to the Gaelic and Welsh languages. Its as if the indigenous minorities don't exist. 94 pages devoted to faith, religious tolerance and the so-called "new minorities". It is, frankly, an insulting piece of sh-it."

(Had to edit the very last word of the above quote because, although I agree with forum censor scripts, there are times when certain 'swear' words are by far the most applicable - pants just will not do.. icon_smile

(Frenchie))
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Hunlef Posted: 10.12.2006, 19:12

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Why am I not at all surprised??

Quote
Now all we need is a court case to demonstrate that the Cornish are an ethnic minority ...


Who is going to do it?

The only group of people with any inclination for, and experience of, this type of project is the CSP. I have no doubt at all that they will be highly active in this regard but, surely, it behoves any of us, individuals and organisations alike, who support this sort of activity to give much more than moral support. These guys are already putting their own resources and even their properties on the line after all!

It seems to me that, should the draft report in its present form, the exclusion of the Cornish could be a winning basis for a Race Relations Act court case. Avoid at all costs an action involving the Human Rights Acft (1998) and concentrate on the RRA.

As Frenchie's source has rightly indicated, there is a disparity of treatment between that meted out to the Cornish (who have no RRA case history) and other analogous groups, such as Chinese, Black, Minority Ethnic, none of whom have RRA case law references either but which the government indicates, in its report, that they receive official support as per the Convention in so many diverse ways. All we need now, should the government continue to ignore the Cornish, is to identify a victim of this discrimination in order to pursue an action in the courts.
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frenchie Posted: 10.12.2006, 19:14



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Joe and Kernowman maybe? icon_smile
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k Posted: 11.12.2006, 12:29



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I'm sure the CSP and MK etc have done a lot of great work regarding this behind the scenes but I would think that most Cornish residents have never heard of the Framework Convention for the Protection of National Minorities and wouldn't have a clue what it is or who to contact to complain about it. How about a dedicated page on the CSP and MK websites explaining things in clear terms ? there is this website but it is about 5yrs out of date - can this be updated ?

http://www.geecee.co.uk/CNMR/index.htm

and this -

http://en.wikipedia.org/wiki/Framework_Convention_for_the_Protection_of_National_Minorities
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Hunlef Posted: 11.12.2006, 13:56

Hunlef

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I can't imagine that the CSP will be inactive in this regard, especially since it was one of their members who has been responsible for engaging directly in Strasbourg with the Couincil of Europe Framework Secretariat in this regard. I'll try to find out who this person is. Presumably, K and renchie, the CSP will be in touch soon in regard to a web update?
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Fulub-le-Breton Posted: 11.12.2006, 18:34

Fulub-le-Breton

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Here is my old thread on this issue: http://www.cornwall24.co.uk/PNphpBB2-viewtopic-t-153.htm

Yes no mention of any national minorities as such so where does that leave us?

Well although not recognised as national minorities, the Scots and Welsh are covered by RRA caselaw, they are clearly recognised as Historic nations (sports teams etc) and they have devolved government.

The Cornish, however, have some pocket money for their language.

Perhaps the wind has changed direction. Following the Bus and Tube bombings in London multiculturalism has begun to be challenged by various mainstream politicians who are now proposing a system that focuses on integration rather than autonomy. Can we expect more 'British' nation building and emphasis on being English Britons rather than protecting and respecting our real cultural identity?

Yes a group needs to step up to lead the fight and what better opportunity for MK and the CSP to work side by side.

For a start who can we write to and what should we write?
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Hunlef Posted: 11.12.2006, 19:05

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I think you yourself have aleady provided a suitable contact in the other thread on this subject to whom criticisms should be sent:

Mr Ian Naysmith
Race Legislation & International Team
Home Office
1st Floor, Seacole Building
Home Office
2 Marsham Street
London
SW1P 4DF

Tel: 020 7035 3732

Fax: 0870 336 9059

Ian.Naysmith@homeoffice.gsi.gov.uk

We have until 20 January 2007 at the latest to submit our reaction/criticism of the Draft Compliance Report.

I would strongly suggest also that copies of your "shadow" reports or observations be sent to:

Mr Antti KORKEAKIVI
Executive Secretary
Council of Europe
Directorate General of Human Rights - DG II
Secretariat of the Framework Convention for the Protection of National Minorities and of the DH-MIN
F - 67075 Strasbourg Cedex
Tel +33 (0) 3 90 21 44 33
Fax +33 (0) 3 90 21 49 18

antti.korkeakivi@coe.int AND

Ms Elena JURADO
Administrator

elena.jurado@coe.int

I have this information on the authority of my contact in the CSP.

If people do not know what to say, perhaps, it might be worth starting a new thread on this forum so that those of us who are more familiar with the Convention and procedure, can assist those who are not?
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Fulub-le-Breton Posted: 11.12.2006, 19:45

Fulub-le-Breton

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Good idea! An example letter would help give people some ideas as well.
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Kerrow Posted: 11.12.2006, 20:14



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With regard to the classification of national minorities the following seemed comprehensive:

'The United Kingdom have not listed specific groups to qualify as national minorities under the Convention, but the United Kingdom approach is guided by the definition of racial group as set out in the UK Race Relations Act 1976. This defines a racial group as 'a group of persons defined by reference to colour, race, nationality or ethnic origin.' (States of Jersey Report on Framework Convention 1999)

We know the Cornish meet just about all if not all the requirements of an ethnic group and would probably have to do so in order to be recognised as they are by the ONS with the 06 census category
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