At the same time, the availability of foreign broadcasting in a minority language
does not exonerate the State from fulfilling its obligation to facilitate domestically produced broadcasting in that language nor does it justify a reduction of the
broadcast time in that language. This principle is set out in the HCNM’s Media
Guidelines (Recommendation 13(2)) and in the Oslo Recommendations regarding the Linguistic Rights of National Minorities (Recommendation 11). The same
principle is reaffirmed by the Advisory Committee on the FCNM (ACFC/INF/
OP/I(2003)004, paragraph 50), which states that “availability of […] programmes
from neighbouring States does not obviate the necessity for ensuring programming
on domestic issues concerning national minorities and programming in minority
languages”. In order to foster social cohesion and the promotion of integration of
minorities into the wider society, it is important that they have access not only to
foreign broadcasting in their language, but also to the media in their country of
residence. States should therefore facilitate both domestically produced broadcasting in minority languages and the accessibility of mainstream media.
15. When granting benefits to persons belonging to national minorities residing
abroad, States should ensure that they are consistent in their support for persons belonging to minorities within their own jurisdiction. Should States demonstrate greater interest in minorities abroad than at home or actively support
a particular minority in one country while neglecting it elsewhere, the motives
and credibility of their actions may be put into question.
The protection and promotion of the rights of persons belonging to minorities is
first and foremost the obligation of the State in whose jurisdiction these persons
reside. Consequently, there is a logical expectation that when a State offers, pursues or promotes rights or policies concerning the situation of certain minorities abroad, this same State will also protect and promote the rights of persons
belonging to minorities within its own borders in a proportional way. States should
also be consistent in their treatment of “kin-minorities” in the different countries in
which they reside and avoid overt discrepancies between similar situations. The
State where the minority in question resides may draw attention to such discrepancies and question the underlying motives.
Under no circumstances should this example be read as a pretext to deviate
from the principles contained in Recommendations 2, 5 and 6 or, more generally,
from the international standards concerning the protection of persons belonging to minorities. States that refrain from pursuing active policies with regard to
Recommendations on National Minorities in Inter-State Relations
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