learned that there is still, for a number of minorities, a shortage of available textbooks in the
minority language and/or a shortage of qualified teachers. In such circumstances, it is difficult
to offer an education in bi-lingual schools and native language schools, which is of the same
quality as that offered in Hungarian”.33
The Advisory Committee has observed that many State Parties refer to the lack of teachers as
an excuse for not offering minority or bilingual education. In its Opinion on Norway, the
Advisory Committee called (under Article 12) for increased efforts and allocation of adequate
resources in order to address to lack of qualified teachers who can teach in Finnish. In the
Opinion on Sweden, the Advisory Committee called on the authorities to legal provisions
which conditioned the obligation to provide minority language teaching upon the availability
of teachers.34
The term ‘adequate’ in Article 12(2) – as well as in other similar clauses of the Framework
Convention – accentuates once more the need for State Parties to collect baseline data and
make needs’ assessments. It should also be noted that bilingual and multilingual societies and
schools require teachers with appropriate bilingual, multilingual and intercultural training.
Teachers must therefore be recruited actively from both majority and minority groups and be
given training equipping them to work in multilingual and intercultural environments. This is
particularly important for teachers specialized in the teaching of history and religion.
Kin-state support in the field of education consists usually of scholarship schemes, reduction
of fees for the use of educational facilities, support to teaching in the kin-language, training
for teachers in the kin-language, access to higher education and recognition of diplomas.
The Advisory Committee finds useful the guidelines developed by the European Commission
for Democracy through Law, of the Council of Europe, better know as the Venice
Commission, in its Report on the Preferential Treatment of National Minorities by the KinState (2001).35 The Venice Commission reminds that kin-state support must respect the
principle of friendly neighbourly relations as provided in Article 2 of the Framework
Convention. Indeed, Article 18 of the Framework Convention encourages the development of
bilateral and multilateral agreements between neighbouring countries as well as transfrontier
co-operation in general. Such co-operation can enhance positive developments for both
minorities and majorities. The Venice Commission notes also that international law does not
accept the exercise of State powers outside the national borders, unless there is specific
permission to the contrary. Most importantly from the point of view of persons belonging to
national minorities, the Venice Commission observes that differential treatment, including
through support by kin-states, may constitute discrimination if it is not objectively and
reasonably justified and is proportionate to the aim pursued.
The Advisory Committee has dealt with kin-state issues in the field of education under Article
12 of the Framework Convention. Article 4 is also relevant when kin-state support creates
differential treatment that may amount to discrimination which enhances the vulnerability of
groups with no kin-states. The Advisory Committee has indeed emphasized in several
opinions that over-dependence upon kin-state support may place some groups in a
disadvantaged position, such as the Yezidis and Assyrians in Armenia and that “the
33
Advisory Committee Opinion on Hungary ACFC/INF/OP/I(2001)004, paragraph 39.
Advisory Committee Opinions on Norway ACFC/INF/OP/I(2003)003 and Sweden
ACFC/INF/OP/I(2003)006.
35
CDL-INF (2001)19.
34
19