ACFC/31DOC(2008)001
associations. This is particularly important in State Parties where citizenship policy has
been in a state of flux.
viii. Language proficiency requirements
102. Language proficiency requirements imposed on candidates for parliamentary and
local elections are not compatible with Article 15 of the Framework Convention. They
negatively affect the effective participation of persons belonging to national minorities in
public affairs.39
b) Participation of persons belonging to national minorities through specialised
governmental bodies
103. The establishment of specialised governmental structures dealing with national
minorities within national, regional or local authorities can help improve minority
participation in public affairs. Where such bodies have not been set up, State Parties are
encouraged to establish them or, at a minimum, to identify contact points for minority
issues within public services.
104. Specialised bodies should not substitute but complement national minorities’
consultative mechanisms. Their effectiveness depends to a great extent on the level of
coordination and complementarity with consultation bodies. The recruitment and
retention of staff with national minority background and/or minority language skills in
these specialised bodies can contribute to their effective functioning.
105. Specialised governmental bodies should not substitute the work of mainstream
government institutions on minority-related issues. The main role of specialised bodies is
to initiate and coordinate governmental policy in the field of minority protection. They
are therefore seen as important channels of communication between the Government and
minorities. It is essential that the relevant governmental institutions be aware of the needs
of persons belonging to national minorities and that minority issues be mainstreamed in
the work of other governmental services.40
c) Participation of persons belonging to national minorities through consultative
mechanisms
i. Setting-up consultative mechanisms
106. Consultation of persons belonging to national minorities is particularly important
in countries where there are no arrangements to enable participation of persons belonging
to national minorities in parliament and other elected bodies. Consultation alone does not,
however, constitute a sufficient mechanism for ensuring effective participation of persons
belonging to national minorities.
39
40
See 1st Opinion on Estonia, paragraph 55.
See for example 2nd Opinion on Armenia adopted on 12 May 2006, paragraph 122.
28