ACFC/56DOC(2016)001
and must be supported rather than hindered.94 The Advisory Committee has further held
that any measures taken by the authorities to restrict the freedom of assembly or the
freedom of expression, which necessarily includes the freedom to express criticism of the
government or diverging opinions, can have a direct, negative impact on the enjoyment of
rights contained in the Framework Convention as they are likely to deter persons belonging
to national minorities, like other members of society, from exercising their rights and to
create an intimidating environment that is not conducive to the implementation of minority
rights and human rights generally. In this context, the Advisory Committee has also
underlined that persons belonging to national minorities should not be banned from forming
political parties in order to formulate and better pursue their interests and rights,95 or from
registering religious organisations in order to manifest their beliefs in community with
others.96
4.
Media – Article 9
69.
Article 9 and the media-related rights contained in the Framework Convention have a
particular significance for the protection and promotion of minority rights. The availability of
print, broadcast and electronic media in minority languages has very specific emblematic
value for national minorities, in particular for the numerically smaller ones. Through them,
persons belonging to national minorities not only gain access to information, but minoritylanguage media also raise the visibility and prestige of the minority language as an active
tool of communication. In particular, these media can play a significant role for persons
belonging to national minorities who are dispersed for, among other reasons, increased
mobility, as they allow for communication and contact over distances. This, in turn, can
encourage persons belonging to national minorities to enjoy their rights more actively. The
active participation of members of national minority communities in a pluralist media
environment may further require targeted training and awareness-raising activities,
including in the use of electronic and social media.97 In this respect, the Advisory Committee
has stressed that the possibility to participate actively in the media and to receive and
impart information of interest to persons belonging to national minorities, presupposes
access to relevant infrastructure such as high-speed Internet throughout the country,
including in remote areas which are often inhabited by national minority communities.
70.
The marginalisation of minority identities in the local media, including through the
exclusive use of minority languages only for certain programmes, often about folklore,
traditional costumes, food and habits, may contribute to the stereotyping of minorities as
separate entities and does not promote their respect and prestige in society.98 In addition,
the division of media audiences according to linguistic backgrounds may enhance the
formation of separated and mutually exclusive public spheres. Support for media in national
minority languages must therefore be accompanied by targeted steps towards the training
of journalists and other media professionals to promote their awareness of and sensitivity
towards the specific needs and concerns of diverse groups in society. Moreover, it is
important to ensure that minority representatives effectively participate in relevant
decision-making processes as well as in media supervisory bodies. The more minority
94. See Third Opinions on Azerbaijan and the Russian Federation.
95. See Third Opinion on Bulgaria, Second Opinion on Georgia and Third Opinion on the Russian Federation.
96. See Third Opinions on Azerbaijan and the Russian Federation.
97. See Fourth Opinion on Cyprus.
98. See also Second Opinion on Georgia.
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