share information and concerns, pursue interests and ideas, and further protect
particular minorities on the basis of the consent of the State in whose jurisdiction
the minority resides. Articles 26 and 31 of the 1969 Vienna Convention on the Law
of Treaties stipulate that treaties should be implemented and interpreted in good
faith. Bilateral treaties should not fall below and preferably should go beyond and
complement international minimum standards. They should not be formulated in
such a way that gives rise to interpretation divergent from the multilaterally set
standards and should supplement rather than substitute the obligations of the
State of residence.
19. States should make good use of all available domestic and international instruments in order to effectively address possible disputes and to avert conflicts
over minority issues. This may include advisory and consultative bodies such
as minority councils, joint commissions and relevant international organizations. Mediation or arbitration mechanisms should be established in advance
through appropriate bilateral or multilateral agreements.
Bilateral agreements for the protection of the rights of persons belonging to
minorities on the territory of both States often provide for joint commissions to
monitor and implement such agreements. Moreover, legislation in many States
provides for advisory bodies on minority issues. In order to be effective, these
bodies should include minority representatives and others who can offer specific
expertise, be provided with adequate resources and be given serious attention
by decision makers. This has been affirmed by the UN Declaration on Minorities
(Articles 2(2) and 2(3)), the Copenhagen Document (paragraph 35), the FCNM
(Article 15) and, with regard to advisory and consultative bodies in particular, by
the Lund Recommendations on the Effective Participation of National Minorities in
Public Life (12 and 13).
Advisory and expert bodies such as the Venice Commission may offer useful guidance and legal advice to the States on contentious legislative initiatives and should
be consulted prior to their adoption. Moreover, such legislation should be subject
to domestic periodic review and may include sunset clauses.
In the case of disputes, international experience, including that of the High
Commissioner on National Minorities, has revealed the value of the involvement of
independent third parties or multilateral mediation and arbitration mechanisms in
26
Recommendations on National Minorities in Inter-State Relations