ACFC/44DOC(2012)001 rev
different levels of government cannot be invoked as a justification for the non-implementation
of policies aimed at promoting the conditions for persons belonging to national minorities to
develop their culture and language, as the central government remains fully responsible for
the respect of its international obligations in this field, including those contained in the
Framework Convention. 119
91.
When considering reforms which aim to modify administrative boundaries, the
authorities should consult persons belonging to national minorities so that they can consider
the possible impact of such reforms on the enjoyment of their linguistic rights. In any case, no
measures should be adopted that aim to reduce the proportion of the population in areas
inhabited by persons belonging to national minorities or to limit the rights protected by the
Framework Convention. In a small number of countries, the Advisory Committee has
considered the situation of persons belonging to the majority population who reside in areas
of the country where they constitute a minority. The linguistic rights of these so-called
‘majority in a minority’ situations require, in the opinion of the Advisory Committee, similar
safeguards to those of persons belonging to national minorities.120 It found for instance, that
reduced thresholds as to the minimum number of pupils per class should apply in these
situations, as they do in minority language schools, so that teaching in and of the ‘factual’
minority language can be effectively provided.121
92.
States Parties should ensure that political parties representing or including persons
belonging to national minorities have equal opportunities in election campaigning. This may
imply the display of electoral advertisements in minority languages. The authorities should
also consider providing opportunities for the use of minority languages in public service
television and radio programmes devoted to election campaigns and on ballot slips and other
electoral material in areas inhabited by persons belonging to national minorities traditionally
or in substantial numbers. Language proficiency requirements imposed on candidates for
parliamentary and local elections may raise issues of compatibility with Article 15 of the
Framework Convention as they negatively affect the participation of persons belonging to
national minorities in public affairs.122 In particular, within locally-elected bodies, the
possibility to use minority languages can allow persons belonging to national minorities to
participate more effectively in decision-making. The Advisory Committee has welcomed
efforts to allow for minority languages to be used internally in public administration in areas
that are inhabited substantially by persons belonging to national minorities.123
93.
The right to use minority languages freely, orally and in writing, in private and in
public, as well as in relations with administrative authorities, is also a significant factor which
promotes the participation in public affairs of persons belonging to national minorities,
particularly in areas where persons belonging to national minorities reside traditionally or in
substantial numbers. The possibility of using minority languages in relations with
administrative authorities can often contribute to more effective communication on issues
directly affecting national minorities, while the exclusive use of the official language(s) may
seriously hamper their effective consultation and participation. It is therefore important to
ensure that minority communities are provided with the necessary interpretation or translation
services when, for instance, relevant legislative drafts are being discussed in order to ensure
that they have an effective opportunity to reflect their concerns. In addition, guarantees must
be in place to ensure that consultative mechanisms for persons belonging to national
minorities, such as Advisory Councils, adequately process contributions made by minority
representatives and effectively take them into account in the decision-making process.
119
Third Opinion on Italy.
A similar approach should be used also with regard to the so-called ‘minority in a minority’ situations.
Third Opinion on Finland; Third Opinion on Estonia; Third Opinion on Romania.
122
First Opinion on Georgia.
123
Third Opinion on Estonia; Second Opinion on Ukraine.
120
121
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