ACFC/56DOC(2016)001
Part III
Approaches taken by states parties to the scope of application of the
Framework Convention
1.
Declarations and reservations at the time of ratification
19.
The Framework Convention is open for signature by member states of the Council of
Europe and, in principle, also by other states.26 There are currently 39 states parties to the
Framework Convention, all of them member states of the Council of Europe. The last
ratification took place in 2006 when Montenegro became a party to the Convention.27 In
addition to the 39 states parties, where the implementation of the Framework Convention is
monitored by the Advisory Committee, Kosovo* is subject to a specific monitoring
arrangement in conformity with the 2004 Agreement between the United Nations Interim
Administration in Kosovo (UNMIK) and the Council of Europe.
20.
Eight Council of Europe member states are not parties to the Framework Convention.
Belgium, Greece, Iceland and Luxembourg have signed the Framework Convention and have
therefore committed themselves to act in line with the objectives and purpose of the
Framework Convention,28 while Andorra, France, Monaco and Turkey have neither signed
nor ratified the treaty.
21.
The Advisory Committee considers that the implementation of the rights contained in
the Framework Convention, given its objectives of managing diversity through the effective
protection of minority rights,29 and promoting balanced approaches to the sometimes
conflicting goals of individual rights protection and the safeguarding of broader state
interests, is beneficial to all societies. It notes that any reasoning provided in the 1990s for
not ratifying the Framework Convention must be regularly reassessed as societies have
substantially changed since then. Similarly, the argument that no national minorities exist in
the country may well no longer reflect contemporary realities. For the same reason, the
Advisory Committee also regularly invites states parties that have not yet done so to ratify
the European Charter for Regional or Minority Languages (ECRML, ETS No. 148). While
placing the emphasis on the obligation of the state to protect and promote regional or
minority languages as part of cultural heritage, rather than granting individual rights to the
speakers of these languages, the Charter represents a unique international instrument in
this field and plays a complementary role to the Framework Convention.30
22.
According to Article 27 of the Framework Convention, non-member states of the
Council of Europe may ratify the Framework Convention upon invitation by the Committee
of Ministers. The Explanatory Report makes it clear that Article 27 refers to participating
states of the Organization for Security and Co-operation in Europe (OSCE). The Advisory
Committee agrees that the Framework Convention could indeed be particularly relevant in
some OSCE participating states, such as Central Asian states, due to the broad diversity of
their societies. It further notes that some interest in this regard has already been expressed.
26. See the wording of Article 27 of the Framework Convention.
27. Following the declaration of independence on 3 June 2006, the Framework Convention was ratified on
6 June 2006.
* All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in
full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of
Kosovo.
28. See Article 18 of the Vienna Convention on the Law of Treaties.
29. See Explanatory Report, paragraph 28.
30. See also Third Thematic Commentary (footnote 4), paragraph 11.
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