ACFC/44DOC(2012)001 rev
PART VIII
CONCLUSIONS
94.
By ratifying the Framework Convention, States Parties have agreed to “promote the
conditions necessary for persons belonging to national minorities to maintain and develop
their culture and to preserve the essential elements of their identity”, including language. This
Commentary takes stock of the Advisory Committee’s interpretation of language-related
provisions of the Framework Convention with a view to providing long-term guidance for
improving the implementation of the principles of the Framework Convention. It is addressed
to authorities, decision-makers, minority representatives, public officials, non-governmental
organisations, academics and other relevant stakeholders. It offers advice and practical
recommendations in order to assist the development of a cohesive society when drafting
legislation and policies affecting the language rights of persons belonging to minorities.
95.
Minority rights, as conceived by the Framework Convention, and developed further
through the monitoring process, require inclusive language policies. This implies that
everyone has the right to express differences and that such differences must be recognised.
However, such recognition must not result in creating fixed identities. As language is closely
linked to ideology and hierarchic relations, the categorisation of persons belonging to national
minorities can lead to denying an equal status in social interaction. Recognition of difference
shall be based on full and effective equality of all members of society, irrespective of their
identity and language affiliation. Promotion of such equality requires the adoption of
measures that enable an equal access to resources and rights despite differences, and allow for
social interaction across differences.
96.
The Framework Convention, as an individual rights instrument, is focused on the
individual speaker and his or her rights and freedoms when interacting in social contexts.
Policies implementing the Framework Convention must thus take into account that language
affiliation is based on free self-identification, and is neither static nor exclusive. In addition,
while specific provisions target groups of individuals, such as in order to promote their
effective equality, comprehensive promotional policies for the full development of language
rights must also address society as a whole.
97.
Apart from the general principles related to full and effective equality and the
promotion of tolerance and mutually respectful inter-ethnic relations, the Framework
Convention offers a catalogue of special provisions on sectors that are key for the balanced
development of language rights of persons belonging to national minorities on one hand, and
the advancement of diverse societies, on the other. These include the media (both public and
private, traditional and web-based), the private and public use of languages, education and
effective participation. This Commentary therefore deals in particular with these fields.
98.
In order to contribute to the overall goal of promoting social cohesion by guaranteeing
the rights and freedoms of persons belonging to national minorities, solutions must be tailormade to the situation of each national minority within the specific context in the State Party.
As there is constant evolution, measures identified by States Parties in response to certain
circumstances will not necessarily ensure compliance with the standards of the Framework
Convention in the future. Therefore, policies, legislative framework and implementation
mechanisms directly or indirectly affecting the language rights of persons belonging to
minorities must be continuously monitored, evaluated and amended, in close consultation
with the groups concerned. Accordingly, the Advisory Committee will also, in subsequent
monitoring cycles, reassess state measures affecting language rights, and will further develop
its findings. As already mentioned in the Introduction, the Commentary is to be seen as a
living instrument, whose interpretation should be developed as monitoring under the
Framework Convention evolves. ***
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