ACFC/31DOC(2008)001 pursued between the committees and the relevant authorities as well as between them and minority associations. vi. ‘Veto’ rights 97. In some State Parties, members of parliaments representing national minorities have a ‘veto-type’ right over draft legislation directly affecting them. This mechanism, which may constitute a valuable tool in certain circumstances, has been introduced by some State Parties in order to ensure that minority representatives have a possibility to accept or reject legislation on matters directly affecting them. 98. The Advisory Committee has noted, however, that ‘veto’ rights can usually be invoked only in relation to legal acts concerning exclusively the rights and status of persons belonging to national minorities.35 Hence, it might not be sufficient to guarantee the proper involvement of minority representatives in issues which do not concern them directly or exclusively. 99. There are also concerns that such a system of “veto” right or a “quasi veto” right on some matters can, in specific circumstances, lead to a paralysis of State institutions.36 In such cases, other and/or additional ways of enabling persons belonging to national minorities to voice their views in legislative processes can be identified as a substitute or a complement to the ‘veto’ system. vii. Citizenship requirements 100. Citizenship is an important element that can substantially influence participation in public affairs. Experience has shown that citizenship requirements can hamper effective participation in certain fields of public affairs. When examining the personal scope of application of the Framework Convention, the Advisory Committee has, in a number of cases, called for flexibility and inclusiveness in the approach taken by the State Parties.37 Moreover, the Advisory Committee has consistently emphasised the fact that the application of the Framework Convention to non-citizens belonging to national minorities can enhance a spirit of tolerance, intercultural dialogue and co-operation. 101. Although it is legitimate to impose certain restrictions on non-citizens concerning their right to vote and to be elected, such restrictions should not be applied more widely than is necessary. While citizenship requirements can be applied in relation to parliamentary elections, State Parties are encouraged to provide non-citizens belonging to national minorities with a possibility to vote and to stand as candidates in local elections and governing boards of cultural autonomies.38 Citizenship should not be a condition for persons belonging to national minorities to join trade unions and other civil society 35 See 1st Opinion on Slovenia adopted on 12 September 2002, paragraph 71. See 1st Opinion on Bosnia and Herzegovina adopted on 27 May 2004, paragraphs 100 and 101. 37 See also remarks in respect of Article 3 of the Framework Convention in the Appendix to this Commentary. 38 See for example 1st Opinion on Estonia, adopted on 14 September 2001, paragraph 55. 36 27

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