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19.
Section V contains the final clauses which are based on the model final clauses for
conventions and agreements concluded within the Council of Europe.
COMMENTARY ON THE PROVISIONS OF THE FRAMEWORK CONVENTION
PREAMBLE
20.
The Preamble sets out the reasons for drawing up this framework Convention and
explains certain basic concerns of its drafters. The opening words already indicate that this
instrument may be signed and ratified by States not members of the Council of Europe (see
Articles 27 and 29).
21.
The Preamble refers to the statutory aim of the Council of Europe and to one of the
methods by which this aim is to be pursued: the maintenance and further realisation of human
rights and fundamental freedoms.
22.
Reference is also made to the Vienna Declaration of Heads of State and Government of
the member States of the Council of Europe, a document which laid the foundation for the
present framework Convention (see also paragraph 5 above). In fact, the text of the Preamble is
largely inspired by that declaration, in particular its Appendix II. The same is true of the choice
of undertakings included in Sections I and II of the framework Convention.
23.
The Preamble mentions, in a non-exhaustive way, three further sources of inspiration for
the content of the framework Convention: the Convention for the Protection of Human Rights
and Fundamental Freedoms (ECHR) and instruments which contain commitments regarding the
protection of national minorities of the United Nations and the CSCE.
24.
The Preamble reflects the concern of the Council of Europe and its member States about
the risk to the existence of national minorities and is inspired by Article 1, paragraph 1, of the
United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious
and Linguistic Minorities (Resolution 47/135 adopted by the General Assembly on 18
December 1992).
25.
Given that the framework Convention is also open to States which are not members of
the Council of Europe, and to ensure a more comprehensive approach, it was decided to include
certain principles from which flow rights and freedoms which are already guaranteed in the
ECHR or in the protocols thereto (see also in connection with this, Article 23 of the framework
Convention).
26.
The reference to United Nations conventions and declarations recalls the work done at
the universal level, for example in the International Covenant on Civil and Political Rights
(Article 27) and in the Declaration on the Rights of Persons belonging to National or Ethnic,
Religious and Linguistic Minorities. However this reference does not extend to any definition of
a national minority which may be contained in these texts.