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. 11

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