on non-discrimination and combating racism are relevant to all minority groups. Further information on jurisprudence of the European Court of Human Rights pertaining to minorities can be found at Moucheboeuf (2006) (see Annex IV of this Guide). Framework Convention for the Protection of National Minorities (FCNM): The CoE has promulgated minority specific standards. The Framework Convention for the Protection of National Minorities (FCNM) is the first legally-binding minority instrument. 39 States of the CoE are party to its provisions. It contains mainly programme-type provisions – setting out principles and objectives – and it represents minimum standards for minority protection. States are expected to implement the FCNM through their national legislation and policies. For example, the FCNM states in article 5, “The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage”. The emphasis is on national minorities exercising their individual rights in community with others. There is a collective element to the implementation of the rights. However, the rights are rights of individuals. The Advisory Committee will also apply the provisions of the FCNM separately to groups as appropriate. For instance, article 6 on tolerance, non-discrimination and inter-cultural dialogue makes no mention of national minorities per se and has been considered in connection with relevant migrant groups. The FCNM is monitored by an Advisory Committee that assesses state compliance with the Convention by examining State and NGO reports and by visiting the countries under examination. The Advisory Committee produces an ‘Opinion’. The State will comment on the Opinion and both documents are then examined by the Committee of Ministers of the CoE, which 174 produces a resolution in consultation with the State concerned. Resolutions have been based largely on the Advisory Committee’s Opinions. However, some governments have sought to dilute the criticism they face. Resolutions are debated in camera, which means the public and representatives of minorities are unable to take part in or monitor the debate. Minority CSOs can nevertheless submit ‘alternative reports’ on state implementation of the FCNM for consideration by the Advisory Committee. The FCNM does not define a ‘national minority’. Although States determine the scope of application of the convention, the Advisory Committee has expressed concern over non-recognition of some minority groups that States have excluded from the protection of the FCNM. The Advisory Committee has included in its Opinions language on the margin of appreciation States have. However, it stresses that States must not make arbitrary decisions on the groups to which the Convention applies. That decision must be made on the basis of objective criteria and must take into account the right to self-identification. It is important to note also that article 2 of the FCNM requires States to apply the Convention “in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations and co-operation between States”. The FCNM covers areas including self identification, full and effective equality, development of culture and intercultural dialogue, religious belief and practice, freedom of association, media, use of minority names and languages, minority education, participation in public affairs, participation in economic and cultural life, protection against altering population proportions in minority areas and cross border contacts. The wording is frequently flexible to take into account different circumstances and to provide States a certain scope to decide how to implement the provisions, provided these are pursued in good faith and in conformity with international law. The Advisory Committee also M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g