International Law concerning Friendly Relations and Cooperation among States
in accordance with the Charter of the United Nations and the CSCE Charter of
Paris for a New Europe. These principles, in particular regarding minorities, are
reaffirmed in the UN Declaration on Minorities (Articles 6 and 7), in the CSCE
Copenhagen Document (paragraph 36(1)), in the FCNM (Articles 1, 2 and 18) and
in the Stability Pact (paragraph 1(5)).
In the context of international responsibility to respect and protect human rights,
including minority rights, States are obliged to fulfil their reporting obligations to
international supervisory bodies and to ensure that the rights of communication
to international courts and tribunals are observed. Supervisory and advisory bodies play an important role in promoting transparency, understanding and goodwill, and ensure that international legal norms are upheld; States should support,
develop and fully participate in these mechanisms.
4. A State may have an interest – even a constitutionally declared responsibility – to support persons belonging to national minorities residing in other
States based on ethnic, cultural, linguistic, religious, historical or any other
ties. However, this does not imply, in any way, a right under international law to
exercise jurisdiction over these persons on the territory of another State without that State’s consent.
This principle points to the distinction between rights and interests, as well as
between international and domestic law. A State may have an interest in supporting persons living abroad sharing ethnic, cultural, linguistic, religious, historical or
other characteristics with its majority population and this may even be enshrined
in its constitution. This interest, however, even if laid down in domestic law, does
not imply, in any way, a right under international law to exercise jurisdiction over
these persons. A State cannot exercise its powers, in any form, on the territory
of other States without the consent of those States. International law only provides for strictly defined exceptions to this rule, such as the exercise of jurisdiction
related to States’ embassies, ships or citizens abroad.
As a rule, a State may provide consular protection to its citizens abroad only
after consultation and agreement with the State of residence or sojourn, with the
exception of the most urgent humanitarian circumstances when such consultation is not possible or stands in the way of effective protection. This requirement
of previous consultation applies a fortiori if the person abroad is not a citizen of the
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Recommendations on National Minorities in Inter-State Relations