understanding is acknowledged in the same Convention (Article 29.1 lit b-d / (b),
(c), and (d)).
Following the principle of good relations, cultural and educational support to particular groups abroad should be provided with the explicit or implied consent of the
State where the beneficiary group resides. According to the Venice Commission
Report, when benefits provided by “kin-States” have an obvious cultural aim such
as promoting the study of their national language and culture, consent of the State
of residence can even be presumed. In this case, “kin-States” may take unilateral
administrative or legislative measures that should not be unduly restricted by the
State of residence, as long as their effect is compatible with the principles set out
in Recommendation 10 and does not violate the principle of non-discrimination as
set out in Recommendation 9.
13. States may provide support to cultural, religious or other non-governmental
organizations respecting the laws and with explicit or implied consent of the
country in which they are registered or operating. However, States should
refrain from financing political parties of an ethnic or religious character in a
foreign country, as this may have destabilizing effects and undermine good
inter-State relations.
Support for civil society abroad can take many forms. In fields other than education and culture, the preferential treatment of minority groups residing in another
State is more problematic and, as pointed out in the Venice Commission Report,
should be considered to be the exception rather than the rule. Measures that have
extraterritorial effects in fields other than cultural and educational support should
only be undertaken with the explicit consent of the States in whose jurisdiction
such effects would occur.
As mentioned in Recommendation 10, support by a foreign State must not have
destabilizing or fragmenting effects. Assistance to organizations abroad should be
provided in the spirit of good neighbourliness and enhance regional co-operation
without jeopardizing sovereignty or cohesion within multi-ethnic States. In this
context support and financing of political parties and movements abroad with
an ethnic or religious character should be discouraged, as this has an impact on
the domestic political processes and often contributes to excessive politicization
of minority issues to the detriment of societal integration and good inter-State
relations.
Recommendations on National Minorities in Inter-State Relations
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