ACFC/31DOC(2008)001
131. Where reforms relating to sub-national forms of government are considered, it is
essential that their impact on the protection of persons belonging to national minorities be
carefully analysed. To this end, State Parties are encouraged to provide ways of involving
regional institutions as well as minority representatives in reform processes. Attention
should be paid, in particular, to the potentially negative consequences of these measures
for the protection of national minorities, notably as regards minority access to decisionmaking processes and financial resources.55
132. Irrespective of the territorial structure adopted by State Parties, the central
authorities should remain committed to their general responsibility resulting from their
international obligations and the national legal framework regarding participation of
persons belonging to national minorities in various spheres. In this respect, State Parties
are encouraged to ensure that sub-national authorities respect the obligations arising from
the Framework Convention. Specific awareness-raising at the local and regional level is
often needed to ensure this outcome.
f) Participation of persons belonging to national minorities through autonomy
arrangements
133. The Framework Convention does not provide for the right of persons belonging to
national minorities to autonomy, whether territorial or cultural. Yet, the Advisory
Committee has examined the functioning and impact of territorial and cultural autonomy
arrangements on participation of persons belonging to national minorities in State Parties
where they exist.
134. The Advisory Committee found that, in the State Parties in which territorial
autonomy arrangements exist, as a result of specific historical, political and other
circumstances, they can foster a more effective participation of persons belonging to
national minorities in various areas of life.
135. The Advisory Committee commented more extensively on cultural autonomy
arrangements in those State Parties in which they have been established. These cultural
autonomy arrangements are granted collectively to members of a particular national
minority, regardless of a territory. They aim inter alia to delegate to national minority
organisations important competences in the area of minority culture, language and
education and can, in this regard, contribute to the preservation and development of
minority cultures.
136. Where State Parties provide for such cultural autonomy arrangements, the
corresponding constitutional and legislative provisions should clearly specify the nature
and scope of the autonomy system and the competencies of the autonomous bodies. In
addition, their legal status, the relations between them and other relevant State institutions
as well as the funding of the envisaged autonomy system, should be clarified in the
respective legislation. It is important that persons belonging to national minorities be
55
See for example Opinion on Kosovo (UNMIK) adopted on 25 November 2005, paragraph 113.
33