ACFC/31DOC(2008)001
iii. Types of consultative mechanisms
113. While ad hoc consultations can be useful to address a particular issue, State
Parties are encouraged to establish regular consultative mechanisms and bodies with a
view to institutionalising dialogue between the governments and minority
representatives.44
114. Consultative mechanisms with persons belonging to national minorities should
not exclude, where appropriate, parallel consultation with independent experts. The
Advisory Committee has noted in some cases that expertise is a useful complement to the
consultation procedure.
115. In addition to national structures, regional and local consultative mechanisms
have, in some circumstances, proved to be a useful additional channel for the
participation of persons belonging to national minorities in decision-making, especially in
areas of competencies where decision-making powers have been decentralised. In such
situations, it is important that local and regional authorities regularly involve these
consultative bodies in their decision-making processes, when dealing with minority
issues.45
iv. Role and functioning of consultative bodies
116. It is essential that the legal status, role, duties, membership and institutional
position of consultative bodies be clearly defined. This includes the scope of consultation,
structures, rules governing appointment of their members and working methods. It is
important to ensure that consultative bodies have a legal personality, as a lack of this may
undermine their effectiveness and their capacity to fulfil effectively their mission.
Working methods of consultative bodies should be transparent and their rules of
procedures clearly defined. Publicity of the work of the consultative bodies should be
promoted so as to enhance transparency.
117. State Parties are invited to take measures to enable persons belonging to national
minorities to be aware of the existence, mandate and activities of such consultative
bodies. In addition, it is important that the meetings of these bodies are convened
frequently and on a regular basis.46
118. Consultative bodies need to be duly consulted in the process of drafting new
legislation, including constitutional reforms that directly or indirectly affect minorities.
State Parties should also consult persons belonging to national minorities and their
44
See for example 2nd Opinion on Finland adopted on 2 March 2006, paragraphs 148 to 151.
See for example 2nd Opinion on the Czech Republic adopted on 24 February 2005, paragraphs 171 and
172.
46
See for example 1st Opinion on Ukraine adopted on 1 March 2002, paragraph 72 and 1st Opinion on
Azerbaijan adopted on 22 May 2003, paragraphs 73 and 74.
45
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