Poland of June 28th, 1919, were inserted in paragraph 1 of Article 5.
[76] Another argument in support of the interpretation placed by the Court on paragraph 1 of
Article 5 is supplied by Article 6 of the Declaration, which is worded as follows:
“Provision will be made in the public educational system in towns and districts in which are
resident a considerable proportion of Albanian nationals whose mother-tongue is not the
official language, for adequate facilities for ensuring that in the primary schools instruction
shall be given to the children of such nationals through the medium of their own language, it
being understood that this provision does not prevent teaching of the official language being
made obligatory in the said schools. [p22]
In towns and districts where there is a considerable proportion of Albanian nationals belonging
to racial, religious or linguistic minorities, these minorities will be assured an equitable share
in the enjoyment and application of sums which may be provided out of public funds under the
State, municipal or other budgets, for educational, religious or charitable purposes.”
[77] Beginning as it does with the words “in the public educational system”, which thus follow
directly after Article 5, Article 6 appears to assume that State education, so far as it is intended
for members of the minorities, will be something additional to private education, and is not
meant to take the place of private education. For that reason, the Court cannot regard as
relevant the information supplied to it by the Albanian Government concerning the present
conditions of State education in Albania and the reforms already introduced, or about to be
introduced, in order to meet the needs of the minority in the State schools.
*
[78] The Court, having thus established that paragraph 1 of Article 5 of the Declaration, both
according to its letter and its spirit, confers on Albanian nationals of racial, religious or
linguistic minorities the right that is stipulated in the second sentence of that paragraph, finds it
unnecessary to examine the subsidiary argument adduced by the Albanian Government to the
effect that the text in question should in case of doubt be interpreted in the sense that is most
favourable to the sovereignty of the State.
*
[79] The Court therefore finds that paragraph 1 of Article 5 of the Declaration of October 2nd,
1921, ensures for Albanian nationals belonging to racial, linguistic or religious minorities the
right to maintain, manage and control at their own expense or to establish in the future
charitable, religious and social institutions, schools and other educational establishments, with
the right to use their own language and to exercise their religion freely therein.
*
[80] The second question in regard to which the opinion of the Court is sollicited is worded as
follows:
“2° and if so [i. е. if the Albanian plea on the first question is deemed to be in conformity with
the letter and spirit of the stipulations in Article 5, first paragraph, of the Declaration of
October 2nd, 1921], whether the Council of the League of Nations can, on the basis of the
second paragraph of the said Article, [p23] formulate recommendations going beyond the
provisions of the-first paragraph”.
[81] As the Court has found that the reply to the first question put to it is not in the affirmative,
the second question does, not arise.