ACFC/31DOC(2008)001
2.
CORE CONSIDERATIONS ON ARTICLE 15 OF THE FRAMEWORK
CONVENTION
8.
Article 15 is a central provision of the Framework Convention in many respects.
The degree of participation of persons belonging to national minorities in all spheres of
life can be considered as one of the indicators of the level of pluralism and democracy of
a society. Creating the conditions for effective participation of persons belonging to
national minorities should, therefore, be considered by the State Parties as forming an
integral part of the implementation of the principles of good governance in a pluralistic
society.
9.
Effective participation of persons belonging to national minorities is also crucial
for enhancing social cohesion, as keeping national minorities on the periphery of society
can lead to social exclusion and tensions among groups. Marginalising persons belonging
to national minorities in socio-economic life also has implications for the country as a
whole, with the risk of losing their contribution and additional input to society.
10.
Article 15, like other provisions contained in the Framework Convention, implies
for the State Parties an obligation of result: they shall ensure that the conditions for
effective participation are in place, but the most appropriate means to reach this aim are
left to their margin of appreciation. This Commentary aims to provide the State Parties
with an analysis of existing experiences so as to help them to identify the most effective
options.
11.
Promoting the effective participation of persons belonging to national minorities
in the society requires continuing and substantive dialogue, both between persons
belonging to national minorities and the majority population and between persons
belonging to national minorities and the authorities. These two dimensions of dialogue
can be achieved only if effective channels for communication are in place.
12.
The Advisory Committee considers that the monitoring mechanism set up under
the Framework Convention is in itself a valuable process to facilitate dialogue between
persons belonging to national minorities and the authorities.
a) Effective participation, full and effective equality and promotion of national
minorities’ identity and culture
13.
While Article 15 is the Framework Convention’s central provision devoted to the
right to effective participation, participation is also key to the full enjoyment of other
rights protected under the Convention.5 The relation between Article 15 and Articles 4
and 5 is, in this context, particularly important. In fact, Articles 15, 4 and 5 can be seen as
the three corners of a triangle which together form the main foundations of the
Framework Convention.
5
See Appendix to the Commentary.
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