ACFC/31DOC(2008)001 107. It is important to ensure that consultative bodies have a clear legal status, that the obligation to consult them is entrenched in law and that their involvement in decisionmaking processes is of a regular and permanent nature. While there are various models as regards the functioning of such structures,41 it is important to ensure that relevant regulations are detailed enough to provide for efficient and consistent consultation. 108. The authorities may also organise joint consultations with representatives of different national minorities and/or enter into a direct dialogue with representatives of individual national minorities. While the former is an important method to address common issues and to enhance dialogue between various national minorities, the latter is appropriate, for example, to consider those issues which concern only a specific national minority. The Advisory Committee has noted that, in some cases, consultation with umbrella bodies of national minorities only is not sufficient to adequately take into account the concerns of individual national minorities. ii. Representativeness of consultative mechanisms 109. Appropriate attention should be paid to the ‘inclusiveness’ and ‘representativeness’ of consultative bodies. This implies, inter alia, that where there are mixed bodies, the proportion between minority representatives and officials should not result in the latter dominating the work. All national minorities should be represented, including numerically smaller national minorities.42 110. Representativeness of consultative bodies also depends on minority organisations and their appointment procedures. Moreover, when specific consultative mechanisms in respect of an individual national minority are set up, due regard should be paid to the diversity within this group.43 111. For the credibility of consultative bodies, it is essential that their appointment procedures be transparent and designed in close consultation with national minorities. State Parties are encouraged periodically to review the appointment procedures to make sure that the bodies concerned are as inclusive as possible, maintain their independence from governments, and genuinely represent a wide range of views amongst persons belonging to national minorities. It is important to ensure that women belonging to national minorities are involved in consultative bodies. 112. Consultation should not be limited to the concerns of persons belonging to national minorities who live in areas with traditional or substantial minority population. This also implies that the agenda should not only reflect the concerns of the numerically largest minorities. 41 See also the DH-MIN Handbook on minority consultative mechanisms (www.coe.int/minorities). See for example 2nd Opinion on Ireland adopted on 6 October 2006, paragraph 112. 43 See for example 2nd Opinion on Germany adopted on 1 March 2006, paragraph 152. 42 29

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