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PROMOTING AND PROTECTING MINORITY RIGHTS
information in the minority language (arts. 10 and 11);
• Officially recognize surnames and first names in the minority language (art. 11);
• “Endeavour to ensure” the right to use the minority language before administrative
authorities and to display bilingual topographical indications in the minority language,
in areas inhabited by national minorities “traditionally” or “in substantial numbers” (arts.
10 and 11);
• Foster knowledge of the culture, history, language and religion of both majority and
minorities (art. 12);
• Recognize the rights of minorities to set up and manage their own educational
establishments and learn their own language (arts. 13 and 14);
• “Endeavour to ensure” that there are adequate opportunities to be taught in the minority
language, in areas traditionally inhabited by national minorities or where they live in
“substantial numbers” (art. 14);
• Refrain from measures which alter the proportions of the population in areas inhabited
by minorities (art. 16);
• Refrain from interfering with the rights of members of minorities to maintain contacts
across frontiers and participate in the activities of national and international NGOs
(art. 17).
Definition
The Framework Convention does not define “national minority”, although several States
have set out their own definition when they ratified it. Many of these definitions (attached as
declarations at the time of ratification) exclude non-citizens and migrants from protection under
the Framework Convention, and some identify the specific groups to whom the Convention will
apply. Liechtenstein, Luxembourg and Malta are parties to the Framework Convention, but each
declared that there are no national minorities within their respective territory.
Although States have a margin of appreciation in deciding to whom the Framework Convention
applies, this issue will be assessed as part of the international monitoring process created for
the Framework Convention, discussed below. But a first step by any NGO which wishes to
participate in the monitoring process should be to determine whether the State concerned has
made a declaration concerning the groups to which it will apply the Framework Convention.132
Implementation and monitoring
The Framework Convention creates an Advisory Committee, a body of 18 independent experts
elected by the Committee of Ministers from candidates proposed by States parties, which is
responsible, together with the Committee of Ministers, for monitoring implementation of the
Convention and adopting country-specific recommendations. Advisory Committee members are
to be recognized experts in the field of minority protection; they serve in their individual capacity
and must be independent and impartial. The fact that they do not represent their Governments
is important, since the Committee of Ministers is a political body of Government representatives.
The involvement of an impartial expert body in assessing minority issues facilitates the task of the
Committee of Ministers, and the Committee of Ministers (which, as the highest decision-making
body in the Council of Europe, has many other duties) relies heavily on the work of the Advisory
Committee.
The Advisory Committee’s activities begin with the analysis of State reports, which are submitted
within one year of the entry into force of the Framework Convention for that State and every five
An up-to-date list of such declarations is available from www.coe.int/minorities.
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