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”. 6

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