ACFC/44DOC(2012)001 rev
‘substantial’ must be established by States Parties, such as for instance in the form of
thresholds. While states have a margin of appreciation in determining the threshold, this must
not be exercised in such a manner as to constitute a disproportionate obstacle with respect to
certain minority languages. For instance, the Advisory Committee found that the requirement
of an absolute or relative majority in urban, municipal or local communities raised concern in
terms of its compatibility with Article 11 of the Framework Convention. 78 The relatively
flexible wording of this provision stems from a desire to be able to take due account of the
specific circumstances prevailing in the various States Parties. In addition, Article 11.3 also
takes into account, where applicable, existing agreements with other states, without, however,
establishing an obligation for states to enter into such agreements.79
66.
The Advisory Committee always welcomes the lowering of thresholds. Since Article
11.3 of the Framework Convention refers to areas which have been “traditionally inhabited”
by substantial numbers of persons belonging to a national minority, the demographic structure
of the area in question should be considered over a certain period in order to ensure that more
recent assimilation tendencies do not work against the preservation of the minority
language.80 Therefore, authorities should interpret and apply legislation in a flexible manner
without relying too strictly on the threshold requirement.
67.
Article 11.3 of the Framework Convention requires that the display of signs in
minority languages be given a clear and unambiguous legislative basis. It is not sufficient if
this practice is granted as a matter of fact but unsupported by law.81 Road traffic safety or the
use of different alphabets may not be used as arguments against bilingual signposts.82 On the
contrary, bilingualism in signposts should be promoted as it conveys the message that a given
territory is shared in harmony by various population groups.83
78
First Opinion on Bosnia and Herzegovina; Second Opinion on Poland.
See Framework Convention for the Protection of National Minorities and Explanatory Report, H(1995)010, February 1995,
paragraph 70.
80
Third Opinion on Austria.
81
First Opinion on Georgia.
82
First Opinion on Denmark.
83
Third Opinion on Italy.
79
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