17. In dealing with issues concerning the protection of persons belonging to
national minorities, States should be guided by the rules and the principles
established in international human rights documents, including those multilateral instruments and mechanisms which have been created specifically to support the implementation of standards and commitments relating to minorities.
As part of international human rights, the rights of persons belonging to national
minorities are universal. Against this background, it is important that these rights
are interpreted in a uniform way and according to the standards contained in
multilateral instruments, notably of the United Nations, the OSCE, the Council of
Europe and the EU. As stated in Recommendation 3, minority rights are a matter of international concern. States may therefore prefer to voice their concerns
through multilateral mechanisms, as bilateral relations may be affected by unequal
negotiating positions and may overlook minorities without a “kin-State”.
It should be noted that transparency helps to promote understanding and goodwill, and that independent monitoring helps ensure that international legal norms
are upheld. States could, therefore, benefit from reporting consistently on all
their activities involving national minorities abroad to international bodies such
as the Committee on Elimination of Racial Discrimination (CERD) or the Advisory
Committee on the FCNM.
18. States are encouraged to conclude bilateral treaties and make other bilateral
arrangements in order to enhance and further develop the level of protection
for persons belonging to national minorities. These mechanisms offer vehicles
through which States can share information and concerns, pursue interests
and ideas, and further support minorities on the basis of friendly relations. A
bilateral approach should follow the spirit of fundamental rules and principles
laid down in multilateral instruments.
In recent times there has been a considerable increase of bilateral treaties on
transfrontier co-operation in inter-State relations that aim to improve minority
protection through, inter alia, the establishment of joint commissions. Within the
framework of international standards, bilateral treaties and the mechanisms they
envisage can serve a useful function in respecting and promoting the rights of
persons belonging to minorities. Article 18 of the FCNM encourages States to
conclude such agreements. They can offer a vehicle through which States can
Recommendations on National Minorities in Inter-State Relations
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