minorities abroad are not entitled to neglect the minorities residing in their territories. Conversely, this Recommendation should not be interpreted as encouraging full reciprocity in inter-State relations regarding protection of minorities, since
domestic standards set by individual States are not always applicable to the situation in other States.
IV. Multilateral and bilateral instruments and mechanisms
16. States should co-operate across international frontiers within the framework
of friendly bilateral and multilateral relations and on a territorial rather than an
ethnic basis. Transfrontier co-operation between local and regional authorities and minority self-governments can contribute to tolerance and prosperity,
strengthen inter-State relations and encourage dialogue on minority issues.
As reaffirmed in the Preamble of the FCNM, “the realisation of a tolerant and
prosperous Europe does not depend solely on co-operation between States
but also requires transfrontier co-operation between local and regional authorities without prejudice to the constitution and territorial integrity of each State”.
An increasing number of international and supranational instruments have been
developed over recent decades to promote transfrontier relations. The first was
the 1980 European Outline Convention on Transfrontier Co-operation between
Territorial Communities or Authorities and its additional protocols. More recently,
the European Union also made an important contribution in developing the legal
instruments for transfrontier co-operation by adopting the 2006 Regulation (EC)
No. 1082/2006 of the European Parliament and the Council on a European
Grouping of Territorial Cooperation (EGTC).
With regard to minorities in particular, Articles 17 and 18 of the FCNM encourage States to take measures to promote transfrontier co-operation as a means
to implement the protection and promotion of the identity of persons belonging
to national minorities. Transfrontier co-operation should, however, take place on
a territorial rather than an ethnic basis: it should be designed for the benefit of the
whole population residing in the territory of a sub-State entity. Moreover, such cooperation should be conducted on the basis of friendly bilateral and multilateral
relations, stemming from the general international legal principle of friendly and
good neighbourly relations, already elaborated in Recommendation 3.
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Recommendations on National Minorities in Inter-State Relations