[43] It is only natural to assume that the conditions which existed in Albania after the war and
which were themselves the consequence of previous historic events, were within the
knowledge of the Assembly of the League of Nations when it included Albania in its
recommendation on December 15th, 1920. It is moreover certain that the Declaration of
October 2nd, 1921, was drawn up after a prolonged examination, during which the States
concerned had an opportunity of stating their points of view and supplying all relevant
information.
[44] There appears therefore no reason to doubt that certain special aspects of the situation of
the minorities in Albania - for instance the existence of religious communities mentioned in
paragraph 2 of Article 5 of the Albanian Declaration - were taken into consideration by the
Council, and that they accounted for certain differences between the Albanian Declaration and
the other treaties and declarations concerned with the protection of minorities.
[45] These considerations cannot however prevail against the fact that what the Council of the
League of Nations asked Albania to accept, and what Albania did accept, was a régime of
minority protection substantially the same as that which had been already agreed upon with
other States in which there were no “communities”.
[46] The differences between the text of the Albanian Declaration and the other texts of the
same kind do not affect the essential features of that Act. On the other hand, it is a fact that the
Council did not insert in the Declaration certain proposals of the Greek Government which
departed “from the general principles adopted in all the treaties for the protection of
minorities”. It follows that any rights and privileges which the Greek communities in Albania
may have enjoyed are only recognized [p17] in the Declaration of October 2nd, 1921, in so far
as they are covered by the analogous regime of the protection of minorities.
[47] As the Declaration of October 2nd, 1921, was designed to apply to Albania the general
principles of the treaties for the protection of minorities, this is the point of view which, in the
Court’s opinion, must be adopted in construing paragraph 1 of Article 5 of the said
Declaration.
*
[48] The idea underlying the treaties for the protection of minorities is to secure for certain
elements incorporated in a State, the population of which differs from them in race, language
or religion, the possibility of living peaceably alongside that population and cooperating
amicably with it, while at the same time preserving the characteristics which distinguish them
from the majority, and satisfying the ensuing special needs.
[49] In order to attain this object, two things were regarded as particularly necessary, and have
formed the subject of provisions in these treaties.
[50] The first is to ensure that nationals belonging to racial, religious or linguistic minorities
shall be placed in every respect on a footing of perfect equality with the other nationals of the
State.
[51] The second is to ensure for the minority elements suitable means for the preservation of
their racial peculiarities, their traditions and their national characteristics.
[52] These two requirements are indeed closely interlocked, for there would be no true equality
between a majority and a minority if the latter were deprived of its own institutions, and were
consequently compelled to renounce that which constitutes the very essence of its being as a
minority.