treatment in fact in Albania her note places on record. Her answer cannot be treated as
implying the absence of objection to the Greek proposal.
[120] The Declaration framed by the Secretariat, adopted by the Council and signed by
Albania, restores the word “equal” and thereby brings the provision on which the decision in
this case turns back into line with Article 8 of the Polish Treaty, the article which is described
in the Clemenceau letter as “providing against any discrimination”.
[121] It is said in the Opinion that there is no practical difference between the Greek
suggestion and the clause inserted in the Albanian Declaration as Article 5, paragraph 1. If that
argument is sound, it is difficult to see why Greece included [p31] suggestion No. 5 among
those to be inserted in the Albanian Declaration as something additional to the general
principles of a minority treaty. Greece was herself a signatory of a minority treaty and must
have been well aware of the measure of the obligations she had undertaken.
[122] It remains to consider whether the text of the Albanian Declaration, taken as a whole and
apart from such indications as exist of the intentions of the minority treaties and declarations in
general, affords any support to the view that “equal right” in Article 5 was intended to convey
an unconditional right and not to mean that the rights of the minority were to be equal to the
rights possessed by the other Albanian nationals.
[123] The Declaration contains no preamble. That source of potential guidance in the
interpretation of the instrument is therefore lacking. The provisions affecting the status and the
rights of individuals in Albania are to be found in Articles 2, 3, 4, 5 and 6. Article 2 guarantees
protection of life and liberty to all the inhabitants of Albania without distinction, with the right
to the free exercise of their religion. Article 3 ensures Albanian nationality to all persons born
in the territory unless born the nationals of some other State, and to all persons domiciled there
before the war if they apply for it. It also gives to Albanian nationals who become Greek by
the transfer of certain territory to Greece a right to opt for Albanian nationality.
[124] Article 4 prescribes that all Albanian nationals are to be equal before the law and to
enjoy the same political rights. Differences of religion are to be of no account as regards
enjoyment of civil and political rights and admission to public functions and to employments.
[125] The element that is common to all these three articles is that they set up a standard which
is to be universal. That standard is fixed for everybody, quite irrespective of whether they
belong to a minority or not. Nо doubt they operate so as to protect a member of the minority,
but this is due to the fact that such member is an inhabitant of, or was born in, the territory, or
is an Albanian citizen, not because he belongs to the minority.
[126] Article 5 is conceived on a different plan; its first sentence confers rights on the members
of the minority as such. It introduces a standard of comparison by prescribing that the
treatment or the security is to be the same as that enjoyed by the other Albanian nationals. It
ceases to prescribe a universal rule, it legislates for the minority alone, but guarantees to them
the same treatment and security as is given to [p32] the others. It is left to the State to
determine what the measure of that treatment and security is to be.
[127] If the intention of the second sentence: “In particular they [the minority] shall have an
equal right....”, had been that the right so given should be universal and unconditional, there is
no reason why the draftsman should not have dealt with the right to establish institutions and
schools in the earlier articles. The draftsman should have dealt with the liberty to maintain
schools and other institutions on lines similar to those governing the right to the free exercise
of religion, which undoubtedly is conferred as a universal and unconditional right. Instead of
doing so the right conferred upon the minority is an “equal” right, and it is conferred by a