treatment in granting benefits in education may be justified by the legitimate aim
of fostering the cultural links of the targeted population with the population of the
“kin-State”. In order to be acceptable, however, the benefits accorded must be
genuinely linked with the culture of the “kin-State”, be open to all interested and
qualified individuals, irrespective of their ethnic background and be proportionate.
For instance, educational benefits provided on a non discriminatory basis such as
linguistic proficiency can legitimately be used as a precondition for the enjoyment
of such a benefit.
10. States should refrain from taking unilateral steps, including extending benefits
to foreigners on the basis of ethnic, cultural, linguistic, religious or historical
ties that have the intention or effect of undermining the principles of territorial
integrity. States should not provide direct or indirect support for similar initiatives undertaken by non-State actors.
Extending benefits to particular groups abroad that could fuel separatist tendencies and have a weakening or fragmenting effect in the States where the foreigners reside, violates the principles of sovereignty and friendly relations between
States. Unilateral steps of this kind may include selective financing of foreign political parties based on ethnic, cultural, linguistic or religious ties, distribution of identity papers certifying ethnic origin, or granting citizenship en masse to citizens of
another State, as further elaborated in Recommendation 11.
Furthermore, international peace and security can be threatened by acts that
undermine the societal integration and social cohesion of other States. Article 1
of the UN Charter underlines the importance of preventing and removing threats
to peace. History shows that when States pursue unilateral policies – including
those of a symbolic nature – on the basis of national kinship to protect minorities
living outside of the jurisdiction of the State, this sometimes leads to tensions and
frictions; even violent conflict.
The same effect can be caused by initiatives with the same aim taken by nonState actors, including religious institutions, with direct or indirect support from
State authorities. In addition, States should take preventive and remedial action
against non-State actors within their borders who introduce measures or support
initiatives in relation to minority groups abroad that incite violence or fuel separatist
tendencies. This must be read in close connection with Recommendation 3, which
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Recommendations on National Minorities in Inter-State Relations