Out of the spotlight: The rights of foreigners and minorities are still a grey area
Yet in a subsequent communication with the
Ombudsman, the Ministry of Interior
responsible for examining the application
stated that the examination of the application
had been cancelled because at the time it was
filed the applicant was a minor. After
examination of the case, the Ombudsman
concluded that this reasoning contradicted
national legislation which states that married
minors (which the young woman in question
was, at the time) have a right to pursue
activities in order to maintain and improve
their personal welfare. In addition, the report
also found that the requirement of a fee in
order to process the application fell foul of
international law and standards as it
contravened the provisions of Article 32 of the
UN Convention relating to the Status of
Stateless Persons, which Greece has ratified.
The article states that “the Contracting States
shall as far as possible facilitate the
assimilation and naturalization of stateless
persons. They shall in particular make every
effort to expedite naturalization proceedings
and to reduce as far as possible the charges and
costs of such proceedings.”
4.4
64
and sometimes face discrimination,
especially in the labour market.”131
This chapter is not exhaustive of the human
rights concerns around the issues of minority
protection. However, Amnesty International
continues to be concerned about the
authorities’ failure to address these issues. The
organization also continues to receive reports
of the authorities’ failure to fully address
issues of religious freedom pertaining to the
minorities, including the well-publicized
controversy over the mufti appointments.132
In addition, while the organization welcomes
the steps taken to address past violations
against minority members arising from
discriminatory legislation such as the repeal of
the old Article 19 of the Citizenship Code, it is
seriously concerned about the violations that
victims of such past policies continue to suffer
at present.
Conclusion
In its third report on Greece published in 2004,
ECRI encouraged the authorities “to ensure
that all groups in Greece, Macedonians and
Turks included, could exercise their rights to
freedom of association and freedom of
expression in accordance with international
legal standards”, further noting that:
“the Greek authorities are more ready to
recognise the existence of minority groups
in Greece, such as the Pomaks or the
Roma, including the fact that certain
members of these groups have a native
language other than Greek. However, other
groups still encounter difficulties, the
Macedonians and Turks for example. Even
today, persons wishing to express their
Macedonian, Turkish or other identity
incur the hostility of the population. They
are targets of prejudices and stereotypes,
Amnesty International 5 October 2005
131
ECRI, Third Report on Greece.
The controversy arose when the authorities
arrested and imprisoned Emin Agga, a Muslim
cleric and minority member for declaring himself
the “mufti of Xanthi”. See previous report on this
issue Greece: Freedom of religion and expression
on trial - the case of Mehmet Emin Aga, Mufti of
Xanthi (AI Index: EUR 25/001/2000). The
European Court of Human Rights has found Greece
in violation of Article 9 of the ECHR (freedom of
thought, conscience and religion) – see Agga v.
Greece (No. 2) (50776/99) [2002] ECHR 671 (17
October 2002).
132
AI Index: EUR 25/016/2005
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