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 29

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