ACFC/31DOC(2008)001
pursued between the committees and the relevant authorities as well as between them and
minority associations.
vi. ‘Veto’ rights
97.
In some State Parties, members of parliaments representing national minorities
have a ‘veto-type’ right over draft legislation directly affecting them. This mechanism,
which may constitute a valuable tool in certain circumstances, has been introduced by
some State Parties in order to ensure that minority representatives have a possibility to
accept or reject legislation on matters directly affecting them.
98.
The Advisory Committee has noted, however, that ‘veto’ rights can usually be
invoked only in relation to legal acts concerning exclusively the rights and status of
persons belonging to national minorities.35 Hence, it might not be sufficient to guarantee
the proper involvement of minority representatives in issues which do not concern them
directly or exclusively.
99.
There are also concerns that such a system of “veto” right or a “quasi veto” right
on some matters can, in specific circumstances, lead to a paralysis of State institutions.36
In such cases, other and/or additional ways of enabling persons belonging to national
minorities to voice their views in legislative processes can be identified as a substitute or
a complement to the ‘veto’ system.
vii. Citizenship requirements
100. Citizenship is an important element that can substantially influence participation
in public affairs. Experience has shown that citizenship requirements can hamper
effective participation in certain fields of public affairs. When examining the personal
scope of application of the Framework Convention, the Advisory Committee has, in a
number of cases, called for flexibility and inclusiveness in the approach taken by the
State Parties.37 Moreover, the Advisory Committee has consistently emphasised the fact
that the application of the Framework Convention to non-citizens belonging to national
minorities can enhance a spirit of tolerance, intercultural dialogue and co-operation.
101. Although it is legitimate to impose certain restrictions on non-citizens concerning
their right to vote and to be elected, such restrictions should not be applied more widely
than is necessary. While citizenship requirements can be applied in relation to
parliamentary elections, State Parties are encouraged to provide non-citizens belonging to
national minorities with a possibility to vote and to stand as candidates in local elections
and governing boards of cultural autonomies.38 Citizenship should not be a condition for
persons belonging to national minorities to join trade unions and other civil society
35
See 1st Opinion on Slovenia adopted on 12 September 2002, paragraph 71.
See 1st Opinion on Bosnia and Herzegovina adopted on 27 May 2004, paragraphs 100 and 101.
37
See also remarks in respect of Article 3 of the Framework Convention in the Appendix to this
Commentary.
38
See for example 1st Opinion on Estonia, adopted on 14 September 2001, paragraph 55.
36
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