Received Wednesday 13th December 2006

Cornish Nation excluded from Protection Protocol

Some bad news, although not entirely unexpected!

The Cornish are the only group to be specifically excluded by name from the UK Framework Convention (for the Protection of National Minorities) 2nd Compliance Report

Page 8, Paragraph 17 of the Draft Report states:

"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 to the UK's many communities being able to maintain their 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 that, 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 Objective I funding approved in January 2006, and support from Cornwall County Council.   This 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 commitments."

Comments from Dr Nigel Hicks;

In so far as the Cornish are concerned, all that seems necessary is for us to win a RRA case.   However, that has proved impossible.   We have tried to do this on several occasions via the CRE but each time, the CRE has felt that they were "not the right vehicles" to bring a case.   Meanwhile, the case of three Irish Travellers who were evicted from a pub, was thought to be so outrageous that proceedings were brought almost instantaneously in a case in which the judge paid no attention to Lord Fraser's judgement on ethnicity in the 1983 case, Mandla Dowell v. Lee.   The Cornish Stannary Parliament recently in October attempted to bring a complex RRA case in the local court in Truro.   However, that was dismissed without a hearing on the quite spurious basis that the CSP is not elected by the public and that the person representing the parliament was not legally qualified.   I am not aware that the either the Commission for Racial Equality, Liberty and Amnesty International, all of which bring discrimination claims, are elected by the public and neither is the House of Lords!

The RRA "formula" to which the draft refers is seriously flawed and is a wholly spurious concept.   It is clear that, since the Cornish do not have RRA caselaw history, they have been excluded from the Convention.   Yet, throughout the remaining 93 pages of the Draft Report, 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!

It is also significant in my view that the indigenous ethnic groups such as the Welsh and the Scots that have a modicum of devolved responsibilities, do not receive the attention that they deserve under the FCPNM, being as they are groups with RRA caselaw precedent, when compared with other analogous non-indigenous groups such as, for example the Irish Travellers, Chinese etc, etc.

You can obtain an email copy of the draft report from: neil.harris@communities.gsi.gov.uk

It would be appreciated if you could circulate this information as widely as possible as we really need to get to grips with this wholly unacceptable situation.

If you need any help with your criticisms (and I don't wish to patronise you!), we have only until > Jan 20th 2007 to make them known, you know whom to ask! :-)

Nigel Hicks


Comment from TGG:

See TGG Response to Draft 2nd Compliance Report

The English Imperial State is well aware that to acknowledge the existence and Rights of the Cornish Nation would be to admit that it has been, and continues to be, instrumental in denying us our constitutional and human rights as one of the nations of Britain and the wider Europe.   It will not willingly shoot itself in the foot!   The concept of Genocide involves not only the obvious (namely, "physical") techniques, but also the more insidious and sophisticated (namely, "psychological") techniques.   Until the Cornish people embrace this simple truth and act accordingly, then the Government, in collusion with the Crown and the Duchy, can "get away with murder" because it sets the rules and the agendas for debate and the Cornish continue to be:

  1. constitutionally misrepresented,
  2. inexorably marginalised (politically, socially, and intellectually), and
  3. educated out of existence.

This thread on Cornwall24 gives the relevant contact addresses to enable individuals and groups to take up further action. Why not actively participate in the forum and, also, spread the word through other media?


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