29. To ensure that they both benefit persons belonging to national minorities
and promote friendly relations and economic co-operation between
States, bilateral or cross-border investments in areas inhabited by
minorities should be undertaken by mutual agreement and in accordance
with international law. The relevant communities should be included in the
design of such projects.
National minorities are often concentrated in border regions and sometimes
form long-standing, cross-border communities with significant social, economic
and cultural links spanning neighbouring States. The central authorities may
overlook the needs of border regions, and their peripheral situation may be
associated with a less well-developed infrastructure. At the same time, a great
deal of economic potential exists in promoting and supporting cross-border
investments and trade and encouraging local authorities in border regions to
intensify exchanges and collaboration to develop and exploit the untapped
economic potential of these areas, including by providing institutional,
administrative and economic support and tools.
Agreements to strengthen cross-border co-operation and encourage investments
in areas inhabited by national minorities may have a significant positive impact on
these communities, as well as everyone else living in such areas, and may also
contribute to prosperity and friendly relations on both sides.156 States should
ensure that persons belonging to national minorities are actively involved in the
development and implementation of such initiatives, share equitably in their benefits
and are able to establish and maintain free and peaceful contacts and develop
cultural and economic links across borders.157
Unilateral cross-border investment initiatives undertaken without consultation, and
on an ethnic rather than on a territorial basis, may cause tensions. Even when
agreed by all parties involved, cross-border investment by one State to benefit a
locality or region in a neighbouring State does not absolve the State of residence of
its responsibility to protect and promote the rights of national minorities, including
their social and economic rights. Bilateral or cross-border investments which involve
all sides of a border, and where national minorities are also consulted and involved
in the design of such projects, are more likely to benefit all parties concerned and
promote friendly relations between and within States.
156 Bolzano/Bozen Recommendations, Recommendations 16 and 17; and FCNM, article 18.
157 Bolzano/Bozen Recommendations, Recommendation 8; and Ljubljana Guidelines, Guideline 40.
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