ACFC/56DOC(2016)001
In line with its general principle of dynamic interpretation, it considers however that the
Explanatory Report should not be understood as preventing other states that co-operate
with the Council of Europe in a variety of ways, including as observer states, from becoming
a party to the Framework Convention.
23.
States parties to the Framework Convention have developed various approaches to
establish the beneficiaries of the rights contained in the Framework Convention. In 18 cases,
declarations and reservations were deposited at the time of ratification or signature,
clarifying to whom the rights contained in the Framework Convention are to be applied or
how certain provisions are to be interpreted.31 The declarations typically either establish a
general definition with specific criteria that must be met,32 list explicitly which groups are to
be covered,33 or state that there are no national minorities present in the territory.34
Reservations at the time of signature or ratification were declared in two cases.35
24.
The Advisory Committee has systematically reviewed the effects of these
declarations and reservations on persons belonging to national minorities and on their
access to rights. Given that, in many cases, the declarations date back to the late 1990s, and
taking into account the substantially changed conditions in states parties since then, their
pertinence should be reviewed at regular intervals by the states parties concerned to ensure
that the approach to the scope of application accurately reflects the present-day societal
context.
25.
Other states parties have incorporated statements into the first state report or have
adopted national legislation containing references to the groups of persons who are to be
considered as belonging to national minorities. These definitions, again, are usually
formulated as delimitations to the scope of application, either by explicitly naming specific
groups of beneficiaries, or by enlisting the preconditions that must be met in order for
individuals to become eligible to benefit from the Framework Convention.36
26.
According to Article 26 of the Framework Convention, the Committee of Ministers is
to be assisted by the Advisory Committee in evaluating the adequacy of the measures taken
to give effect to the principles set out in the Framework Convention. In doing so, the
Advisory Committee has reviewed the measures taken by states parties with respect to the
scope of application in the same way as any other measure aimed at implementing the
Framework Convention. In particular, the Advisory Committee has considered it to be its
duty to assess whether the approach taken to the scope of application is in good faith and
does not constitute a source of arbitrary or unjustified distinction among communities with
31. See Full List of Reservations and Declarations for Framework Convention for the Protection of National
Minorities (ETS No. 157) www.coe.int/en/web/dlapil/treaty-office.
32. See the declarations by Austria, Estonia, Latvia, Luxembourg, Poland and Switzerland.
33. See the declarations by Albania, Denmark, Germany, the Netherlands, Norway, Sweden, the Slovak
Republic, Slovenia and “the former Yugoslav Republic of Macedonia”.
34. See the declarations by Liechtenstein, Luxembourg and San Marino. Some states declared that they viewed
the ratification of the Framework Convention as an act of solidarity with the objectives of the Convention. See
First State Reports submitted by Liechtenstein and by Malta.
35. Belgium declared that the Framework Convention should apply without prejudice to the constitutional
provisions and principles and the legislative rules governing the use of languages, and that the notion of
national minority would be defined at national level. Malta reserved the right not to be bound in some respects
by the provisions of Article 15.
36. See First State Reports submitted by Armenia, Bulgaria and Hungary.
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