there is a need for greater clarity on how States can pursue their interests with
regard to national minorities abroad without jeopardizing peace and good neighbourly relations. It is for this reason that these Recommendations have been
elaborated, guided by principles of international law and based on the extensive
experience of the HCNM. They are intended to clarify how States can support and
extend benefits to people belonging to national minorities residing in other countries in ways that do not strain interethnic or bilateral relations.
The Recommendations build on the experience of Rolf Ekéus (HCNM 2001-2007),
as set out in his 2001 statement on “Sovereignty, Responsibility and National
Minorities”, and on the “Report on the Preferential Treatment of National Minorities
by their Kin-State”, issued by the Council of Europe’s Commission for Democracy
through Law (Venice Commission) in the same year. Both documents explain the
conditions under which and the limitations within which States may support citizens of another country based on shared ethnic, cultural or historical ties. These
documents underline the dual responsibility of States, which is to protect and promote the rights of persons belonging to national minorities under their jurisdiction
and act as responsible members of the international community with respect to
minorities under the jurisdiction of another State.
The main tenets of the Recommendations on National Minorities in Inter-State
Relations echo the two documents mentioned above and stipulate firstly, that
under international law, the respect for and protection of minority rights is the
responsibility of the State where the minority resides. Secondly, other States may
have an interest in the well-being of minority groups abroad, especially those
with whom they are linked by ethnic, cultural, linguistic or religious identity, or a
common cultural heritage. This, however, does not entitle or imply a right under
international law to exercise jurisdiction over people residing on the territory of
another State. Finally, States can pursue this interest through extending benefits
to minorities abroad only in consultation with the State of residence and with due
respect for the principles of territorial integrity, sovereignty and friendly, including
good neighbourly, relations. States should ensure that their policies with respect
to national minorities abroad do not undermine the integration of minorities in the
States where they reside or fuel separatist tendencies.
The 19 individual Recommendations are divided into four sections: general principles, State obligations regarding persons belonging to national minorities, benefits accorded by States to persons belonging to national minorities abroad and
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Recommendations on National Minorities in Inter-State Relations