ACFC/31DOC(2008)001
PART I
INTRODUCTION
1.
The effective participation of persons belonging to national minorities in various
areas of public life is essential to ensure social cohesion and the development of a truly
democratic society. The Framework Convention for the Protection of National
Minorities1 (hereinafter ‘the Framework Convention’) therefore stipulates in its Article
15 that State Parties “shall create the conditions necessary for the effective participation
of persons belonging to national minorities in cultural, social and economic life and in
public affairs, in particular those affecting them”.
2.
In view of the importance of effective participation for the protection of persons
belonging to national minorities, the Advisory Committee on the Framework Convention
(hereinafter ‘the Advisory Committee’) decided to devote its second thematic
commentary to the participation of persons belonging to national minorities in social,
economic and cultural life and in public affairs. The main objective of this commentary is
to highlight the interpretation given by the Advisory Committee, mainly in its countryspecific Opinions adopted between 1999 and 2007, to the provisions of the Framework
Convention relating to effective participation of persons belonging to national minorities.
The commentary aims to provide a useful tool for State authorities and decision-makers,
public officials, organisations of minorities, non-governmental organisations, academics
and other stakeholders involved in minority protection.
3.
The Preliminary Remarks to the Commentary introduce a reflection on the
importance of participation and its relevance for the effective enjoyment of other rights
guaranteed by the Framework Convention. The Commentary itself analyses a number of
key findings on effective participation of persons belonging to national minorities, as
identified in particular in the country-specific Opinions under various Articles of the
Framework Convention (Part III). In its Conclusions, the Commentary highlights the
main challenges which remain in this field and identifies areas which will need to be
given further attention by the Advisory Committee in the future country-by-country
monitoring. The Appendix contains an analysis of the relations between Article 15 and
other articles of the Framework Convention. This Commentary is to be understood as a
living document, which will need to be further developed as monitoring under the
Framework Convention progresses.
4.
In elaborating this Commentary, the Advisory Committee carried out extensive
consultations with national minority representatives and organisations, academics and
other stakeholders in order to ensure that the Commentary be as comprehensive as
possible and that it adequately reflects the main challenges facing national minorities.
1
The Framework Convention for the Protection of National Minorities, which was adopted in 1994, is the
main Council of Europe instrument to protect persons belonging to national minorities. It entered into force
in 1998 and it has so far been ratified by 39 Member States.
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