ACFC/31DOC(2008)001
107. It is important to ensure that consultative bodies have a clear legal status, that the
obligation to consult them is entrenched in law and that their involvement in decisionmaking processes is of a regular and permanent nature. While there are various models as
regards the functioning of such structures,41 it is important to ensure that relevant
regulations are detailed enough to provide for efficient and consistent consultation.
108. The authorities may also organise joint consultations with representatives of
different national minorities and/or enter into a direct dialogue with representatives of
individual national minorities. While the former is an important method to address
common issues and to enhance dialogue between various national minorities, the latter is
appropriate, for example, to consider those issues which concern only a specific national
minority. The Advisory Committee has noted that, in some cases, consultation with
umbrella bodies of national minorities only is not sufficient to adequately take into
account the concerns of individual national minorities.
ii. Representativeness of consultative mechanisms
109. Appropriate attention should be paid to the ‘inclusiveness’ and
‘representativeness’ of consultative bodies. This implies, inter alia, that where there are
mixed bodies, the proportion between minority representatives and officials should not
result in the latter dominating the work. All national minorities should be represented,
including numerically smaller national minorities.42
110. Representativeness of consultative bodies also depends on minority organisations
and their appointment procedures. Moreover, when specific consultative mechanisms in
respect of an individual national minority are set up, due regard should be paid to the
diversity within this group.43
111. For the credibility of consultative bodies, it is essential that their appointment
procedures be transparent and designed in close consultation with national minorities.
State Parties are encouraged periodically to review the appointment procedures to make
sure that the bodies concerned are as inclusive as possible, maintain their independence
from governments, and genuinely represent a wide range of views amongst persons
belonging to national minorities. It is important to ensure that women belonging to
national minorities are involved in consultative bodies.
112. Consultation should not be limited to the concerns of persons belonging to
national minorities who live in areas with traditional or substantial minority population.
This also implies that the agenda should not only reflect the concerns of the numerically
largest minorities.
41
See also the DH-MIN Handbook on minority consultative mechanisms (www.coe.int/minorities).
See for example 2nd Opinion on Ireland adopted on 6 October 2006, paragraph 112.
43
See for example 2nd Opinion on Germany adopted on 1 March 2006, paragraph 152.
42
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