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cultural identity, customs and traditions and institutions of indigenous peoples, as well as
provisions of regional instruments such as those of the Organization on Security and
Co-operation in Europe, including its 1990 Copenhagen Conference on the Human Dimension
and its 1991 Geneva Meeting of Experts on National Minorities. Another recent instrument in
the same direction is the European Framework Convention for the Protection of National
Minorities.
28.
Minority group identity requires not only tolerance but a positive attitude towards
cultural pluralism on the part of the State and the larger society. Not only acceptance but also
respect for the distinctive characteristics and contribution of minorities to the life of the national
society as a whole are required. Protection of their identity means not only that the State should
abstain from policies which have the purpose or effect of assimilating minorities into the
dominant culture, but also that it should protect them against activities by third parties which
have an assimilatory effect. The language and educational policies of the State concerned are
crucial in this regard. Denying minorities the possibility of learning their own language and of
receiving instruction in their own language, or excluding from their education the transmission
of knowledge about their own culture, history, tradition and language, would be a violation of
the obligation to protect their identity.
29.
Promotion of the identity of minorities requires special measures to facilitate the
maintenance, reproduction and further development of their culture. Cultures are not static;
minorities should be given the opportunity to develop their own culture in the context of an
ongoing process. That process should be an interaction between the persons belonging to the
minority themselves, between the minority and the State, and between the minority and the wider
national society. The measures required to achieve this purpose are set out in greater detail in
article 4 of the Declaration.
1.2
States shall adopt appropriate legislative and other measures to achieve those ends
30.
Article 1.2 requires “appropriate legislative and other measures”. Legislation is needed
and it must be complemented by other measures in order to ensure that article 1 can be
effectively implemented. Both process and content is important here. In terms of process, it is
essential that the State consult the minorities on what would constitute appropriate measures.
This follows also from article 2.3 of the Declaration. Different minorities may have different
needs that must be taken into account. Any differences in policy, however, must be based on
objective and reasonable grounds in order to avoid discrimination.
31.
“Other measures” include, but are not limited to, judicial, administrative, promotional
and educational measures.
32.
In general terms, the content of the measures which have to be adopted are set out in the
other provisions of the Declaration, particularly articles 2 and 4, which will be discussed below.
One set of measures stem directly from article 1.1: States must adopt laws protecting against
acts or incitement to acts which physically threaten the existence of groups or threaten their