was prepared by the Secretariat and accepted by the Council on October 2nd, 1921.
[104] A comparison of the text of the Albanian Declaration with the Polish Minority Treaty of
June 28th, 1919, shows that it follows closely the wording of the latter, just as do the other
treaties and declarations for the protection of minorities. Special [p28] provisions applicable
only to. the particular country concerned figure in most of the treaties and declarations, but
there remains a body of stipulations which are common to the whole number, and it is not
disputed that the Albanian Declaration conforms to the general type. Some variations of
wording were introduced, even in the first paragraph of Article 5, but it is admitted in the
Opinion of the Court that these are of secondary importance. They do not affect the point at
issue in this case.
[105] Being in conformity with the general type of minority instrument, words and phrases
which are common both to the Declaration and to other treaties must be interpreted alike in all;
otherwise the obligations of the various Powers bound by such treaties would become
divergent.
[106] When the Principal Allied and Associated Powers called on Poland to sign the first of the
minority treaties, their purpose was explained at length in the letter from M. Clemenceau to
which reference is made above. This letter sets out the reasons which actuated the Principal
Allied and Associated Powers in their policy; it calls attention to the various historical
precedents; it indicates the grounds on which it has been found necessary to frame articles for
the new treaty which differ to some extent from those adopted on previous occasions, and then
gives an explanation of the individual clauses of the treaty.
[107] The explanations will be understood more readily if it is remembered that in the
Albanian Declaration Article 1 corresponds to Article 1 of the Polish Treaty; Article 2
corresponds to Article 2 of the Treaty, but contains also a special provision as to the family
rights of Mohammedans; Article 3 deals with nationality and covers the ground of Articles 3,
4, 5 and 6 of the Treaty. Article 4 corresponds to Article 7 of the Treaty, but contains an
additional paragraph as to the introduction of a suitable electoral system. Articles 5 and 6
correspond to Articles 8 and 9 of the Treaty.
[108] Far from supporting the interpretation which the Opinion of the Court places upon
Article 5 of the Albanian Declaration, all that the Clemenceau letter says as to Article 8 in the
Polish Treaty is as follows:
“Articles 7 and 8 which are in accordance with precedent provide against any discrimination
against those Polish citizens who by their religion, their language or their race differ from the
large mass of the Polish population.”
[109] Not a word is said as to its being the intention of the article to grant an unconditional
right to the minority to maintain [p29] institutions and schools. The object is stated to be that
of excluding discrimination, i. e. differential treatment. The letter shows in fact that the
intention of the provision was exactly what the text implies, viz. a right for the minority equal
to that enjoyed by the majority.
[110] The statement in the Clemenceau letter that Articles 7 and 8 of the Polish Treaty are in
accordance with precedent is also worthy of notice in view of the conclusion reached in the
Opinion of the Court that the institutions referred to, including schools, are essential to the
minority, and that the right for the minority to possess them must always be recognized.
[111] The earlier part of the Clemenceau letter stresses the fact that the Powers, in framing the
Polish Treaty, have been giving effect to principles frequently adopted in European history