ACFC/56DOC(2016)001 Part I Introduction 1. This Commentary is intended to provide guidance to states parties to the Framework Convention, to persons belonging to national minorities, to international organisations and to civil society and academia regarding the ongoing debate on the scope of application of the Framework Convention. It is based on a close comparative and analytical reading of the Opinions adopted by the Advisory Committee throughout four cycles of monitoring in the states parties since 1998,1 and builds on three previous thematic commentaries that were adopted by the Advisory Committee: on education in 2006;2 on effective participation in public life in 2008;3 and on language rights in 2012.4 Valuable input has also been collected from national minority and civil society representatives,5 academics and other interlocutors, including during broader consultations held in the final stages of the drafting process. 2. Minority rights are granted at the individual level to each person belonging to a national minority. It is further specified in Article 3(2) of the Framework Convention that minority rights are “exercised individually and in community with others”. In fact, a number of rights only make sense if exercised in community with others, and the enjoyment of some rights presupposes the presence of or even formal association with others. Minority rights therefore have an individual, a social and a collective dimension. Despite the fact that a number of international instruments make reference to minority cultures, languages or traditions, and some common understanding exists as to what the term ‘minority’ entails, there has never been a universally shared definition.6 In line with this tradition, the Framework Convention does not contain a definition of the term ‘national minority’ or of the phrase ‘person belonging to a national minority’. As a result, the question of who is to be recognised as a right holder under the Framework Convention has, since its adoption, been the subject of extended debate at international and national, academic and political levels. 3. It is the goal of the Framework Convention to ensure that the space for diversity and for being “different” in society is protected and affirmed, thereby promoting the integration and cohesion of societies.7 Broader questions relating to the integration of societies have therefore always featured in the monitoring work of the Advisory Committee, sometimes resulting in disapproval by the respective state party.8 Indeed, as a result of the increased 1. The Commentary makes references to first, second, third or fourth cycle, country-specific Opinions where findings of particular relevance to the scope of application were made. These references are illustrative only. 2. See Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) First Commentary on Education under the Framework Convention for the Protection of National Minorities, ACFC/25DOC(2006)002, 2 March 2006, www.coe.int/minorities. 3. See ACFC Second Commentary on the Effective Participation of Persons belonging to National Minorities in Cultural, Social and Economic Life and in Public Affairs, ACFC/31DOC(2008)001, 27 February 2008, www.coe.int/minorities. 4. See ACFC Third Commentary on the Language Rights of Persons belonging to National Minorities under the Framework Convention, ACFC/44DOC(2012)001, 24 May 2012, www.coe.int/minorities. 5. The term “minority representative” throughout the text does not contain a legal notion; it refers to advocates or spokespersons who have come forward to share their views. 6. See travaux préparatoires, various attempts in the Parliamentary Assembly of the Council of Europe (PACE), and, in particular, the Commentary of the Working Group on Minorities to the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 7. See the Preamble of the Framework Convention: “[…] Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source and a factor, not of division, but of enrichment for each society […]”. 8. See, inter alia, First Opinion on Denmark and Government Comments on the First Opinion on Denmark, and First Opinion on Germany and Government Comments on the First Opinion on Germany. 4