It is important to underline the close relationship between the right of
participation and most of other human rights; it is only by participating in
public life, in decision-making processes in different forms, that persons
belonging to minorities can effectively promote their human rights in a
society; on the other side, in order to be able to participate, individuals have
to enjoy and exercise, individually or in communities with others, most of
human rights, beginning with the freedoms of expression, of association and
of assembly, and of course all political rights and personal freedoms.
Moreover, States have to create conditions for the exercise of many of these
rights.
As to forms and means of political participation of persons
belonging to minorities, they may be different from country to country and
for minority groups, taking into account their size in the population of the
country, whether they are living compactely or dispersed on its territory, as
well as historic circumstances and traditions. The starting rule should be to
guarantee full equality in the exercise of political rights and of other related
rights. Beyond this, States may have to adopt special measures in order to
ensure the exercise of these rights on equal terms, in favour of disadvantaged
groups, including minorities, when necessary and as long as they are
necessary.
2.A special regard on the situation in Europe may be useful, because
on that continent there is a history and a tradition of minorities in many
countries.
The 1950 Convention on human rights and fundamental freedoms,
adopted within the Council of Europe, is mentioning the concept of
minorities only as a ground for discrimination which is forbidden. Other
regional treaties on human rights are not making any reference to minority
groups. It was only in 1995 that the Council of Europe adopted, after
prolong debate, the Framework Convention for the protection of national
minorities, ratified now by almost 40 States.
According to article 15 of this Convention, „the Parties shall create
the conditions necessary for the effective participation of persons belonging
to national minorities in cultural, social and economic life and in public
affairs, in particular those affecting them”. We have to note the very careful
and possibly restrictive language used.
The Advisory Committee created by the Committee of ministers of
the Council of Europe to survey the application of the Convention by States
parties, considered two rounds of reports of these States and made
recommendations to them, including on that article.