ACFC/56DOC(2016)001
noted that this margin must be exercised in accordance with the general rules of
international law contained in Articles 31 to 33 of the Vienna Convention on the Law of
Treaties. In particular it must be exercised in line with the obligation to interpret a treaty in
good faith and in the light of its object and purpose. In the case of the Framework
Convention, its fundamental principles set out in the Preamble remind states parties to seek
maximum expression of the spirit of friendly relations and co-operation in all of their actions
pertaining to minority protection. Moreover, its Article 2 underlines the essential character
of the principles of good faith, good neighbourly relations and non-interference in another
state’s internal affairs to ensure that the many diverse interests that are affected in the
implementation of the Framework Convention can be reconciled by states parties.11
7.
When examining the approaches taken by states parties with regard to the scope of
application of the Framework Convention, the Advisory Committee has therefore
consistently encouraged the authorities to be inclusive and context specific and to consider
on an article-by-article basis which rights should be made available to whom. Such an
approach not only ensures the most effective implementation of the Framework Convention
based on fact rather than status, but it also promotes a societal climate of dialogue and
understanding, where cultural diversity is viewed as a source of enrichment rather than
division.
8.
This Commentary begins with an analysis of the right to free self-identification of
persons belonging to national minorities as a cornerstone of minority rights (Part II). It
thereafter discusses the various practices developed by states parties to define the
beneficiaries of minority rights according to personal and other criteria (Part III). Part IV
explains the open and contextual approach that has been applied by the Advisory
Committee throughout its monitoring activities in line with the basic principles contained in
Articles 3-6 of the Framework Convention. Based on the article-by-article approach
developed by the Advisory Committee from its inception, Parts V-VII present an analysis of
the scope of application of the various rights contained in the Framework Convention. While
some articles explicitly address all persons in the territory of the state party (Part V), there
are some minority rights with a broad scope of application that, given their nature, must
apply to all national minorities (Part VI), while there are other minority rights where states
parties may require specific preconditions for their enjoyment (Part VII).
11. See also the Framework Convention’s Explanatory Report, paragraph 32: “This article provides a set of
principles governing the application of the Framework Convention. […] The principles mentioned in this
provision are of a general nature but do have particular relevance to the field covered by the Framework
Convention”.
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