- 12 -
GENERAL CONSIDERATIONS
Objectives of the framework Convention
10.
The framework Convention is the first legally binding multilateral instrument devoted to
the protection of national minorities in general. Its aim is to specify the legal principles which
States undertake to respect in order to ensure the protection of national minorities. The Council
of Europe has thereby given effect to the Vienna Declaration’s call (Appendix II) for the
political commitments adopted by the Conference on Security and Co-operation in Europe
(CSCE) to be transformed, to the greatest possible extent, into legal obligations.
Approaches and fundamental concepts
11.
In view of the range of different situations and problems to be resolved, a choice was
made for a framework Convention which contains mostly programme-type provisions setting
out objectives which the Parties undertake to pursue. These provisions, which will not be
directly applicable, leave the States concerned a measure of discretion in the implementation of
the objectives which they have undertaken to achieve, thus enabling them to take particular
circumstances into account.
12.
It should also be pointed out that the framework Convention contains no definition of the
notion of “national minority”. It was decided to adopt a pragmatic approach, based on the
recognition that at this stage, it is impossible to arrive at a definition capable of mustering
general support of all Council of Europe member States.
13.
The implementation of the principles set out in this framework Convention shall be done
through national legislation and appropriate governmental policies. It does not imply the
recognition of collective rights. The emphasis is placed on the protection of persons belonging to
national minorities, who may exercise their rights individually and in community with others
(see Article 3, paragraph 2). In this respect, the framework Convention follows the approach of
texts adopted by other international organisations.
Structure of the framework Convention
14.
Apart from its Preamble, the framework Convention contains an operative part which is
divided into five sections.
15.
Section I contains provisions which, in a general fashion, stipulate certain fundamental
principles which may serve to elucidate the other substantive provisions of the framework
Convention.
16.
Section II contains a catalogue of specific principles.
17.
Section III contains various provisions concerning the interpretation and application of
the framework Convention.
18.
Section IV contains provisions on the monitoring of the implementation of the
framework Convention.