Strasbourg, February 1995

FRAMEWORK CONVENTION FOR THE
PROTECTION OF NATIONAL MINORITIESAND EXPLANATORY REPORT

H (95) 10

Introduction:
The Framework Convention for the Protection of National Minorities, drawn up within the Council ofEurope by Ad Hoc Committee for the Protection of National Minorities (CAHMIN) under the authorityof the Committee of Ministers, was adopted by the Committee of Ministers of the Council of Europe on
10 November 1994 and opened for signature by the member States of the Council of Europe on 1
February 1995. Non-member States may also be invited by the Committee of Ministers to become Party
to this instrument.
This publication contains the text of the Framework Convention for the Protection of National
Minorities as well as the explanatory report.

-2-

Framework Convention for the Protection of National Minorities
The member States of the Council of Europe and the other States, signatories to the present framework
Convention,
Considering that the aim of the Council of Europe is to achieve greater unity between its members forthe purpose of safeguarding and realising the ideals and principles which are their common heritage;
Considering that one of the methods by which that aim is to be pursued is the maintenance and further
realisation of human rights and fundamental freedoms;
Wishing to follow-up the Declaration of the Heads of State and Government of the member States of theCouncil of Europe adopted in Vienna on 9 October 1993;
Being resolved to protect within their respective territories the existence of national minorities;
Considering that the upheavals of European history have shown that the protection of national
minorities is essential to stability, democratic security and peace in this continent;
Considering that a pluralist and genuinely democratic society should not only respect the ethnic,
cultural, linguistic and religious identity of each person belonging to a national minority, but also create
appropriate conditions enabling them to express, preserve and develop this identity;
Considering that the creation of a climate of tolerance and dialogue is necessary to enable cultural
diversity to be a source and a factor, not of division, but of enrichment for each society;
Considering that the realisation of a tolerant and prosperous Europe does not depend solely on
co-operation between States but also requires transfrontier co-operation between local and regional
authorities without prejudice to the constitution and territorial integrity of each State;
Having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms andthe Protocols thereto;
Having regard to the commitments concerning the protection of national minorities in United Nations
conventions and declarations and in the documents of the Conference on Security and Co-operation in
Europe, particularly the Copenhagen Document of 29 June 1990;
Being resolved to define the principles to be respected and the obligations which flow from them, inorder to ensure, in the member States and such other States as may become Parties to the present
instrument, the effective protection of national minorities and of the rights and freedoms of persons
belonging to those minorities, within the rule of law, respecting the territorial integrity and nationalsovereignty of states;
Being determined to implement the principles set out in this framework Convention through national
legislation and appropriate governmental policies,
Have agreed as follows:-3Section I
Article 1
The protection of national minorities and of the rights and freedoms of persons
belonging to those minorities forms an integral part of the international protection ofhuman rights, and as such falls within the scope of international co-operation.
Article 2
The provisions of this framework Convention shall be applied in good faith, in a spiritof understanding and tolerance and in conformity with the principles of goodneighbourliness, friendly relations and co-operation between States.
Article 3
1

Every person belonging to a national minority shall have the right freely to choose to betreated or not to be treated as such and no disadvantage shall result from this choice orfrom the exercise of the rights which are connected to that choice.

2

Persons belonging to national minorities may exercise the rights and enjoy the
freedoms flowing from the principles enshrined in the present framework Convention
individually as well as in community with others.

Section II
Article 4
1

The Parties undertake to guarantee to persons belonging to national minorities theright of equality before the law and of equal protection of the law. In this respect, any
discrimination based on belonging to a national minority shall be prohibited.

2

The Parties undertake to adopt, where necessary, adequate measures in order topromote, in all areas of economic, social, political and cultural life, full and effective
equality between persons belonging to a national minority and those belonging to themajority. In this respect, they shall take due account of the specific conditions of thepersons belonging to national minorities.

3

The measures adopted in accordance with paragraph 2 shall not be considered to be an
act of discrimination.
Article 5

1

The Parties undertake to promote the conditions necessary for persons belonging tonational minorities to maintain and develop their culture, and to preserve the essential
elements of their identity, namely their religion, language, traditions and cultural
heritage.

2

Without prejudice to measures taken in pursuance of their general integration policy,
the Parties shall refrain from policies or practices aimed at assimilation of persons
belonging to national minorities against their will and shall protect these persons fromany action aimed at such assimilation.

-4Article 6
1

The Parties shall encourage a spirit of tolerance and intercultural dialogue and takeeffective measures to promote mutual respect and understanding and co-operation
among all persons living on their territory, irrespective of those persons’ ethnic,
cultural, linguistic or religious identity, in particular in the fields of education, culture
and the media.

2

The Parties undertake to take appropriate measures to protect persons who may besubject to threats or acts of discrimination, hostility or violence as a result of theirethnic, cultural, linguistic or religious identity.
Article 7
The Parties shall ensure respect for the right of every person belonging to a national
minority to freedom of peaceful assembly, freedom of association, freedom of
expression, and freedom of thought, conscience and religion.
Article 8
The Parties undertake to recognise that every person belonging to a national minority
has the right to manifest his or her religion or belief and to establish religious
institutions, organisations and associations.
Article 9

1

The Parties undertake to recognise that the right to freedom of expression of every
person belonging to a national minority includes freedom to hold opinions and toreceive and impart information and ideas in the minority language, without
interference by public authorities and regardless of frontiers. The Parties shall ensure,within the framework of their legal systems, that persons belonging to a national
minority are not discriminated against in their access to the media.

2

Paragraph 1 shall not prevent Parties from requiring the licensing, without
discrimination and based on objective criteria, of sound radio and television
broadcasting, or cinema enterprises.

3

The Parties shall not hinder the creation and the use of printed media by persons
belonging to national minorities. In the legal framework of sound radio and television
broadcasting, they shall ensure, as far as possible, and taking into account theprovisions of paragraph 1, that persons belonging to national minorities are granted thepossibility of creating and using their own media.

4

In the framework of their legal systems, the Parties shall adopt adequate measures inorder to facilitate access to the media for persons belonging to national minorities andin order to promote tolerance and permit cultural pluralism.
Article 10

1

The Parties undertake to recognise that every person belonging to a national minority
has the right to use freely and without interference his or her minority language, inprivate and in public, orally and in writing.

-52

In areas inhabited by persons belonging to national minorities traditionally or in
substantial numbers, if those persons so request and where such a request corresponds
to a real need, the Parties shall endeavour to ensure, as far as possible, the conditions
which would make it possible to use the minority language in relations between those
persons and the administrative authorities.

3

The Parties undertake to guarantee the right of every person belonging to a national
minority to be informed promptly, in a language which he or she understands, of thereasons for his or her arrest, and of the nature and cause of any accusation against him
or her, and to defend himself or herself in this language, if necessary with the freeassistance of an interpreter.
Article 11

1

The Parties undertake to recognise that every person belonging to a national minority
has the right to use his or her surname (patronym) and first names in the minority
language and the right to official recognition of them, according to modalities provided
for in their legal system.

2

The Parties undertake to recognise that every person belonging to a national minority
has the right to display in his or her minority language signs, inscriptions and otherinformation of a private nature visible to the public.

3

In areas traditionally inhabited by substantial numbers of persons belonging to anational minority, the Parties shall endeavour, in the framework of their legal system,
including, where appropriate, agreements with other States, and taking into accounttheir specific conditions, to display traditional local names, street names and othertopographical indications intended for the public also in the minority language when
there is a sufficient demand for such indications.
Article 12

1

The Parties shall, where appropriate, take measures in the fields of education andresearch to foster knowledge of the culture, history, language and religion of theirnational minorities and of the majority.

2

In this context the Parties shall inter alia provide adequate opportunities for teacher
training and access to textbooks, and facilitate contacts among students and teachers ofdifferent communities.

3

The Parties undertake to promote equal opportunities for access to education at alllevels for persons belonging to national minorities.
Article 13

1

Within the framework of their education systems, the Parties shall recognise that
persons belonging to a national minority have the right to set up and to manage theirown private educational and training establishments.

2

The exercise of this right shall not entail any financial obligation for the Parties.

-6Article 14
1

The Parties undertake to recognise that every person belonging to a national minority
has the right to learn his or her minority language.

2

In areas inhabited by persons belonging to national minorities traditionally or in
substantial numbers, if there is sufficient demand, the Parties shall endeavour toensure, as far as possible and within the framework of their education systems, that
persons belonging to those minorities have adequate opportunities for being taught theminority language or for receiving instruction in this language.

3

Paragraph 2 of this article shall be implemented without prejudice to the learning of theofficial language or the teaching in this language.
Article 15
The Parties shall create the conditions necessary for the effective participation of
persons belonging to national minorities in cultural, social and economic life and in
public affairs, in particular those affecting them.
Article 16
The Parties shall refrain from measures which alter the proportions of the population inareas inhabited by persons belonging to national minorities and are aimed at restricting
the rights and freedoms flowing from the principles enshrined in the present
framework Convention.
Article 17

1

The Parties undertake not to interfere with the right of persons belonging to national
minorities to establish and maintain free and peaceful contacts across frontiers withpersons lawfully staying in other States, in particular those with whom they share an
ethnic, cultural, linguistic or religious identity, or a common cultural heritage.

2

The Parties undertake not to interfere with the right of persons belonging to national
minorities to participate in the activities of non-governmental organisations, both at thenational and international levels.
Article 18

1

The Parties shall endeavour to conclude, where necessary, bilateral and multilateralagreements with other States, in particular neighbouring States, in order to ensure theprotection of persons belonging to the national minorities concerned.

2

Where relevant, the Parties shall take measures to encourage transfrontier
co-operation.
Article 19
The Parties undertake to respect and implement the principles enshrined in the present
framework Convention making, where necessary, only those limitations, restrictions orderogations which are provided for in international legal instruments, in particular theConvention for the Protection of Human Rights and Fundamental Freedoms, in so far
as they are relevant to the rights and freedoms flowing from the said principles.

-7Section III
Article 20
In the exercise of the rights and freedoms flowing from the principles enshrined in thepresent framework Convention, any person belonging to a national minority shallrespect the national legislation and the rights of others, in particular those of persons
belonging to the majority or to other national minorities.
Article 21
Nothing in the present framework Convention shall be interpreted as implying any
right to engage in any activity or perform any act contrary to the fundamental
principles of international law and in particular of the sovereign equality, territorial
integrity and political independence of States.
Article 22
Nothing in the present framework Convention shall be construed as limiting or
derogating from any of the human rights and fundamental freedoms which may beensured under the laws of any Contracting Party or under any other agreement towhich it is a Party.
Article 23
The rights and freedoms flowing from the principles enshrined in the present
framework Convention, in so far as they are the subject of a corresponding provision in
the Convention for the Protection of Human Rights and Fundamental Freedoms or in
the Protocols thereto, shall be understood so as to conform to the latter provisions.
Section IV
Article 24
1

The Committee of Ministers of the Council of Europe shall monitor the implementationof this framework Convention by the Contracting Parties.

2

The Parties which are not members of the Council of Europe shall participate in theimplementation mechanism, according to modalities to be determined.
Article 25

1

Within a period of one year following the entry into force of this framework
Convention in respect of a Contracting Party, the latter shall transmit to the Secretary
General of the Council of Europe full information on the legislative and other measurestaken to give effect to the principles set out in this framework Convention.

2

Thereafter, each Party shall transmit to the Secretary General on a periodical basis andwhenever the Committee of Ministers so requests any further information of relevanceto the implementation of this framework Convention.

3

The Secretary General shall forward to the Committee of Ministers the informationtransmitted under the terms of this Article.

-8Article 26
1

In evaluating the adequacy of the measures taken by the Parties to give effect to theprinciples set out in this framework Convention the Committee of Ministers shall be
assisted by an advisory committee, the members of which shall have recognised
expertise in the field of the protection of national minorities.

2

The composition of this advisory committee and its procedure shall be determined by
the Committee of Ministers within a period of one year following the entry into force of
this framework Convention.

Section V
Article 27
This framework Convention shall be open for signature by the member States of theCouncil of Europe. Up until the date when the Convention enters into force, it shall also
be open for signature by any other State so invited by the Committee of Ministers. It is
subject to ratification, acceptance or approval. Instruments of ratification, acceptance orapproval shall be deposited with the Secretary General of the Council of Europe.
Article 28
1

This framework Convention shall enter into force on the first day of the monthfollowing the expiration of a period of three months after the date on which twelve
member States of the Council of Europe have expressed their consent to be bound by
the Convention in accordance with the provisions of Article 27.

2

In respect of any member State which subsequently expresses its consent to be boundby it, the framework Convention shall enter into force on the first day of the monthfollowing the expiration of a period of three months after the date of the deposit of the
instrument of ratification, acceptance or approval.
Article 29

1

After the entry into force of this framework Convention and after consulting theContracting States, the Committee of Ministers of the Council of Europe may invite toaccede to the Convention, by a decision taken by the majority provided for in Article
20.d of the Statute of the Council of Europe, any non-member State of the Council ofEurope which, invited to sign in accordance with the provisions of Article 27, has not
yet done so, and any other non-member State.

2

In respect of any acceding State, the framework Convention shall enter into force on thefirst day of the month following the expiration of a period of three months after thedate of the deposit of the instrument of accession with the Secretary General of theCouncil of Europe.
Article 30

1

Any State may at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or territories for whose
international relations it is responsible to which this framework Convention shallapply.

-92

Any State may at any later date, by a declaration addressed to the Secretary General of
the Council of Europe, extend the application of this framework Convention to any
other territory specified in the declaration. In respect of such territory the framework
Convention shall enter into force on the first day of the month following the expirationof a period of three months after the date of receipt of such declaration by the Secretary
General.

3

Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to theSecretary General. The withdrawal shall become effective on the first day of the monthfollowing the expiration of a period of three months after the date of receipt of such
notification by the Secretary General.
Article 31

1

Any Party may at any time denounce this framework Convention by means of a
notification addressed to the Secretary General of the Council of Europe.

2

Such denunciation shall become effective on the first day of the month following the
expiration of a period of six months after the date of receipt of the notification by the
Secretary General.
Article 32
The Secretary General of the Council of Europe shall notify the member States of theCouncil, other signatory States and any State which has acceded to this framework
Convention, of:aany signature;b

the deposit of any instrument of ratification, acceptance, approval or accession;c

any date of entry into force of this framework Convention in accordance with
Articles 28, 29 and 30;

dany other act, notification or communication relating to this framework
Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed thisframework Convention.
Done at Strasbourg, this 1st day of February 1995, in English and French, both texts
being equally authentic, in a single copy which shall be deposited in the archives of theCouncil of Europe. The Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe and to any State invited
to sign or accede to this framework Convention.

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Explanatory report
BACKGROUND
1.
The Council of Europe has examined the situation of national minorities on a number ofoccasions over a period of more than forty years. In its very first year of existence (1949), theParliamentary Assembly recognised, in a report of its Committee on Legal and Administrative
Questions, the importance of “the problem of wider protection of the rights of national
minorities”. In 1961, the Assembly recommended the inclusion of an article in a second
additional protocol to guarantee to national minorities certain rights not covered by the European
Convention on Human Rights (ECHR). The latter simply refers to “association with a national
minority” in the non-discrimination clause provided for in Article 14. Recommendation 285(1961) proposed the following wording for the draft article on the protection of national
minorities:“Persons belonging to a national minority shall not be denied the right, in community
with the other members of their group, and as far as compatible with public order, toenjoy their own culture, to use their own language, to establish their schools and receive
teaching in the language of their choice or to profess and practise their own religion.”2.
The committee of experts, which had been instructed to consider whether it was possible
and advisable to draw up such a protocol, adjourned its activities until a final decision had beenreached on the Belgian linguistics cases concerning the language used in education (European
Court of Human Rights. Judgment of 27 July 1968, Series A No. 6). In 1973 it concluded that,from a legal point of view, there was no special need to make the rights of minorities the subjectof a further protocol to the ECHR. However, the experts considered that there was no major
legal obstacle to the adoption of such a protocol if it were considered advisable for other reasons.
3.
More recently, the Parliamentary Assembly recommended a number of political andlegal measures to the Committee of Ministers, in particular the drawing up of a protocol or aconvention on the rights of national minorities. Recommendation 1134 (1990) contains a list ofprinciples which the Assembly considered necessary for the protection of national minorities. In
October 1991, the Steering Committee for Human Rights (CDDH) was given the task ofconsidering, from both a legal and a political point of view, the conditions in which the Councilof Europe could undertake an activity for the protection of national minorities, taking into
account the work done by the Conference on Security and Co-operation in Europe (CSCE) andthe United Nations, and the reflections within the Council of Europe.
4.
In May 1992, the Committee of Ministers instructed the CDDH to examine thepossibility of formulating specific legal standards relating to the protection of national
minorities. To this end, the CDDH established a committee of experts (DH-MIN) which, under
new terms of reference issued in March 1993, was required to propose specific legal standards inthis area, bearing in mind the principle of complementarity of work between the Council ofEurope and the CSCE. The CDDH and the DH-MIN took various texts into account, inparticular the proposal for a European Convention for the Protection of National Minorities
drawn up by the European Commission for Democracy through Law (the so-called Venice
Commission), the Austrian proposal for an additional protocol to the ECHR, the draft additional- 11 -

protocol to the ECHR included in Assembly Recommendation 1201 (1993) and other proposals.
This examination culminated in the report of the CDDH to the Committee of Ministers of 8
September 1993, which included various legal standards which might be adopted in this area
and the legal instruments in which they could be laid down. In this connection, the CDDH notedthat there was no consensus on the interpretation of the term “national minorities”.
5.
The decisive step was taken when the Heads of State and Government of the Council ofEurope’s member States met in Vienna at the summit of 8 and 9 October 1993. There, it wasagreed that the national minorities which the upheavals of history have established in Europe
had to be protected and respected as a contribution to peace and stability. In particular, theHeads of State and Government decided to enter into legal commitments regarding theprotection of national minorities. Appendix II of the Vienna Declaration instructed theCommittee of Ministers:–
to draft with minimum delay a framework convention specifying the principles
which contracting States commit themselves to respect, in order to assure the protectionof national minorities. This instrument would also be open for signature by non-member
States;–to begin work on drafting a protocol complementing the European Convention
on Human Rights in the cultural field by provisions guaranteeing individual rights, inparticular for persons belonging to national minorities.
6.
On 4 November 1993, the Committee of Ministers established an ad hoc Committee for
the Protection of National Minorities (CAHMIN). Its terms of reference reflected the decisions
taken in Vienna. The committee, made up of experts from the Council of Europe’s member
States, started work in late January 1994, with the participation of representatives of the CDDH,
the Council for Cultural Co-operation (CDCC), the Steering Committee on the Mass Media(CDMM) and the European Commission for Democracy through Law. The High Commissioner
on National Minorities of the CSCE and the Commission of the European Communities also
took part, as observers.
7.
On 15 April 1994, CAHMIN submitted an interim report to the Committee of Ministers,
which was then communicated to the Parliamentary Assembly (Doc. 7109). At its 94th sessionin May 1994, the Committee of Ministers expressed satisfaction with the progress achieved
under the terms of reference flowing from the Vienna Declaration.
8.
A certain number of provisions of the framework Convention requiring politicalarbitration as well as those concerning the monitoring of the implementation were drafted by theCommittee of Ministers (517bis meeting of Ministers’ Deputies, 7 October 1994).
9.
At its meeting from 10 to 14 October 1994, CAHMIN decided to submit the draft
framework Convention to the Committee of Ministers, which adopted the text at the 95th
Ministerial Session on 10 November 1994. The framework Convention was opened forsignature by the Council of Europe’s member States on 1 February 1995.

- 12 -

GENERAL CONSIDERATIONSObjectives of the framework Convention
10.
The framework Convention is the first legally binding multilateral instrument devoted tothe 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 Councilof Europe has thereby given effect to the Vienna Declaration’s call (Appendix II) for thepolitical 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 wasmade for a framework Convention which contains mostly programme-type provisions settingout objectives which the Parties undertake to pursue. These provisions, which will not bedirectly 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 thenotion of “national minority”. It was decided to adopt a pragmatic approach, based on therecognition 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 therecognition of collective rights. The emphasis is placed on the protection of persons belonging tonational 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 oftexts 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 theframework Convention.

- 13 -

19.
Section V contains the final clauses which are based on the model final clauses forconventions and agreements concluded within the Council of Europe.
COMMENTARY ON THE PROVISIONS OF THE FRAMEWORK CONVENTION
PREAMBLE
20.
The Preamble sets out the reasons for drawing up this framework Convention andexplains certain basic concerns of its drafters. The opening words already indicate that this
instrument may be signed and ratified by States not members of the Council of Europe (seeArticles 27 and 29).
21.
The Preamble refers to the statutory aim of the Council of Europe and to one of themethods by which this aim is to be pursued: the maintenance and further realisation of humanrights and fundamental freedoms.
22.
Reference is also made to the Vienna Declaration of Heads of State and Government of
the member States of the Council of Europe, a document which laid the foundation for thepresent framework Convention (see also paragraph 5 above). In fact, the text of the Preamble islargely inspired by that declaration, in particular its Appendix II. The same is true of the choiceof undertakings included in Sections I and II of the framework Convention.
23.
The Preamble mentions, in a non-exhaustive way, three further sources of inspiration forthe content of the framework Convention: the Convention for the Protection of Human Rights
and Fundamental Freedoms (ECHR) and instruments which contain commitments regarding theprotection of national minorities of the United Nations and the CSCE.
24.
The Preamble reflects the concern of the Council of Europe and its member States about
the risk to the existence of national minorities and is inspired by Article 1, paragraph 1, of theUnited Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious
and Linguistic Minorities (Resolution 47/135 adopted by the General Assembly on 18
December 1992).
25.
Given that the framework Convention is also open to States which are not members of
the Council of Europe, and to ensure a more comprehensive approach, it was decided to include
certain principles from which flow rights and freedoms which are already guaranteed in the
ECHR or in the protocols thereto (see also in connection with this, Article 23 of the framework
Convention).
26.
The reference to United Nations conventions and declarations recalls the work done at
the universal level, for example in the International Covenant on Civil and Political Rights(Article 27) and in the Declaration on the Rights of Persons belonging to National or Ethnic,
Religious and Linguistic Minorities. However this reference does not extend to any definition ofa national minority which may be contained in these texts.

- 14 -

27.
The reference to the relevant CSCE commitments reflects the desire expressed inAppendix II of the Vienna Declaration that the Council of Europe should apply itself totransforming, to the greatest possible extent, these political commitments into legal obligations.
The Copenhagen Document in particular provided guidance for drafting the framework
Convention.
28.
The penultimate paragraph in the Preamble sets out the main aim of the framework
Convention: to ensure the effective protection of national minorities and of the rights of persons
belonging to those minorities. It also stresses that this effective protection should be ensured
within the rule of law, respecting the territorial integrity and national sovereignty of States.
29.
The purpose of the last recital is to indicate that the provisions of this framework
Convention are not directly applicable. It is not concerned with the law and practice of theParties in regard to the reception of international treaties in the internal legal order.
SECTION I
Article 1
30.
The main purpose of Article 1 is to specify that the protection of national minorities,
which forms an integral part of the protection of human rights, does not fall within the reserved
domain of States. The statement that this protection “forms an integral part of the international
protection of human rights” does not confer any competence to interpret the present framework
Convention on the organs established by the ECHR.
31.
The article refers to the protection of national minorities as such and of the rights andfreedoms of persons belonging to such minorities. This distinction and the difference in wording
make it clear that no collective rights of national minorities are envisaged (see also thecommentary to Article 3). The Parties do however recognise that protection of a national
minority can be achieved through protection of the rights of individuals belonging to such aminority.
Article 232.
This article provides a set of principles governing the application of the framework
Convention. It is, inter alia, inspired by the United Nations Declaration on Principles ofInternational Law concerning Friendly Relations and Co-operation among States in accordancewith the Charter of the United Nations (General Assembly Resolution 2625 (XXV) of 24
October 1970). The principles mentioned in this provision are of a general nature but do haveparticular relevance to the field covered by the framework Convention.
Article 333.
This article contains two distinct but related principles laid down in two different
paragraphs.

- 15 -

Paragraph 1
34.
Paragraph 1 firstly guarantees to every person belonging to a national minority the
freedom to choose to be treated or not to be treated as such. This provision leaves it to every
such person to decide whether or not he or she wishes to come under the protection flowing
from the principles of the framework Convention.
35.
This paragraph does not imply a right for an individual to choose arbitrarily to belong to
any national minority. The individual’s subjective choice is inseparably linked to objective
criteria relevant to the person’s identity.
36.
Paragraph 1 further provides that no disadvantage shall arise from the free choice it
guarantees, or from the exercise of the rights which are connected to that choice. This part of theprovision aims to secure that the enjoyment of the freedom to choose shall also not be impaired
indirectly.
Paragraph 2
37.
Paragraph 2 provides that the rights and freedoms flowing from the principles of theframework Convention may be exercised individually or in community with others. It thus
recognises the possibility of joint exercise of those rights and freedoms, which is distinct fromthe notion of collective rights . The term “others” shall be understood in the widest possible
sense and shall include persons belonging to the same national minority, to another national
minority, or to the majority.
SECTION II
Article 4
38.
The purpose of this article is to ensure the applicability of the principles of equality andnon-discrimination for persons belonging to national minorities. The provisions of this article
are to be understood in the context of this framework Convention.
Paragraphs 1 and 2
39.
Paragraph 1 takes the classic approach to these principles. Paragraph 2 stresses that thepromotion of full and effective equality between persons belonging to a national minority andthose belonging to the majority may require the Parties to adopt special measures that take into
account the specific conditions of the persons concerned. Such measures need to be “adequate”,
that is in conformity with the proportionality principle, in order to avoid violation of the rights ofothers as well as discrimination against others. This principle requires, among other things, thatsuch measures do not extend, in time or in scope, beyond what is necessary in order to achieve
the aim of full and effective equality.

- 16 -

40.
No separate provision dealing specifically with the principle of equal opportunities has
been included in the framework Convention. Such an inclusion was considered unnecessary as
the principle is already implied in paragraph 2 of this article. Given the principle ofnon-discrimination set out in paragraph 1 the same was considered true for freedom of
movement.
Paragraph 3
41.
The purpose of paragraph 3 is to make clear that the measures referred to in paragraph 2
are not to be regarded as contravening the principles of equality and non-discrimination. Its aim
is to ensure to persons belonging to national minorities effective equality along with persons
belonging to the majority.
Article 542.
This article essentially aims at ensuring that persons belonging to national minorities canmaintain and develop their culture and preserve their identity.
Paragraph 1
43.
Paragraph 1 contains an obligation to promote the necessary conditions in this respect. It
lists four essential elements of the identity of a national minority. This provision does not imply
that all ethnic, cultural, linguistic or religious differences necessarily lead to the creation ofnational minorities (see in this regard the report of the CSCE meeting of experts, held in Geneva
in 1991, section II, paragraph 4).
44.
The reference to “traditions” is not an endorsement or acceptance of practices which arecontrary to national law or international standards. Traditional practices remain subject tolimitations arising from the requirements of public order.
Paragraph 2
45.
The purpose of paragraph 2 is to protect persons belonging to national minorities fromassimilation against their will. It does not prohibit voluntary assimilation.
46.
Paragraph 2 does not preclude the Parties from taking measures in pursuance of theirgeneral integration policy. It thus acknowledges the importance of social cohesion and reflects
the desire expressed in the preamble that cultural diversity be a source and a factor, not ofdivision, but of enrichment to each society.
Article 647.
This article is an expression of the concerns stated in Appendix III to the Vienna
Declaration (Declaration and Plan of Action on combating racism, xenophobia, anti-Semitism
and intolerance).

- 17 -

Paragraph 1
48.
Paragraph 1 stresses a spirit of tolerance and intercultural dialogue and points out theimportance of the Parties’ promoting mutual respect, understanding and co-operation among all
who live on their territory. The fields of education, culture and the media are specificallymentioned because they are considered particularly relevant to the achievement of these aims.
49.
In order to strengthen social cohesion, the aim of this paragraph is, inter alia, to promotetolerance and intercultural dialogue, by eliminating barriers between persons belonging to
ethnic, cultural, linguistic and religious groups through the encouragement of interculturalorganisations and movements which seek to promote mutual respect and understanding and tointegrate these persons into society whilst preserving their identity.
Paragraph 2
50.
This provision is inspired by paragraph 40.2 of the Copenhagen Document of the CSCE.
This obligation aims at the protection of all persons who may be subject to threats or acts of
discrimination, hostility or violence, irrespective of the source of such threats or acts.
Article 7
51.
The purpose of this article is to guarantee respect for the right of every person belonging
to a national minority to the fundamental freedoms mentioned therein. These freedoms are ofcourse of a universal nature, that is they apply to all persons, whether belonging to a national
minority or not (see, for instance, the corresponding provisions in Articles 9, 10 and 11 of the
ECHR), but they are particularly relevant for the protection of national minorities. For thereasons stated above in the commentary on the preamble, it was decided to include certain
undertakings which already appear in the ECHR.
52.
This provision may imply for the Parties certain positive obligations to protect the
freedoms mentioned against violations which do not emanate from the State. Under the ECHR,
the possibility of such positive obligations has been recognised by the European Court of
Human Rights.
53.

Some of the freedoms laid down in Article 7 are elaborated upon in Articles 8 and 9.

Article 854.
This article lays down more detailed rules for the protection of freedom of religion than
Article 7. It combines several elements from paragraphs 32.2, 32.3 and 32.6 of the CSCE
Copenhagen Document into a single provision. This freedom of course applies to all persons andpersons belonging to a national minority should, in accordance with Article 4, enjoy it as well.
Given the importance of this freedom in the present context, it was felt particularly appropriate
to give it special attention.

- 18 -

Article 955.
This article contains more detailed rules for the protection of the freedom of expression
than Article 7.
Paragraph 1
56.
The first sentence of this paragraph is modelled on the second sentence of Article 10,paragraph 1, of the ECHR. Although the sentence refers specifically to the freedom to receive
and impart information and ideas in the minority language, it also implies the freedom to receive
and impart information and ideas in the majority or other languages.
57.
The second sentence of this paragraph contains an undertaking to ensure that there is nodiscrimination in access to the media. The words “in the framework of their legal systems” wereinserted in order to respect constitutional provisions which may limit the extent to which a Party
can regulate access to the media.
Paragraph 2
58.
This paragraph is modelled on the third sentence of Article 10, paragraph 1, of the
ECHR.
59.
The licensing of sound radio and television broadcasting, and of cinema enterprises,
should be non-discriminatory and be based on objective criteria. The inclusion of theserequirements, which are not expressly mentioned in the third sentence of Article 10, paragraph
1, of the ECHR, was considered important for an instrument designed to protect persons
belonging to a national minority.
60.
The words “sound radio”, which also appear in paragraph 3 of this article, do not appear
in the corresponding sentence in Article 10 of the ECHR. They are used in order to reflectmodern terminology and do not imply any material difference in meaning from Article 10 of the
ECHR.
Paragraph 3
61.
The first sentence of this paragraph, dealing with the creation and use of printed media,
contains an essentially negative undertaking whereas the more flexibly worded second sentenceemphasises a positive obligation in the field of sound radio and television broadcasting (forexample the allocation of frequencies). This distinction reflects the relative scarcity of available
frequencies and the need for regulation in the latter field. No express reference has been made to
the right of persons belonging to a national minority to seek funds for the establishment ofmedia, as this right was considered self-evident.
Paragraph 4
62.
This paragraph emphasises the need for special measures with the dual aim offacilitating access to the media for persons belonging to national minorities and promoting
tolerance and cultural pluralism. The expression “adequate measures” was used for the reasons- 19 -

given in the commentary on Article 4, paragraph 2 (see paragraph 39), which uses the samewords. The paragraph complements the undertaking laid down in the last sentence of Article 9,paragraph 1. The measures envisaged by this paragraph could, for example, consist of funding
for minority broadcasting or for programme productions dealing with minority issues and/or
offering a dialogue between groups, or of encouraging, subject to editorial independence, editors
and broadcasters to allow national minorities access to their media.
Article 10
Paragraph 1
63.
The recognition of the right of every person belonging to a national minority to use hisor her minority language freely and without interference is particularly important. The use of theminority language represents one of the principal means by which such persons can assert andpreserve their identity. It also enables them to exercise their freedom of expression. “In public”
means, for instance, in a public place, outside, or in the presence of other persons but is notconcerned in any circumstances with relations with public authorities, the subject of paragraph 2of this article.
Paragraph 2
64.
This provision does not cover all relations between individuals belonging to national
minorities and public authorities. It only extends to administrative authorities. Nevertheless, thelatter must be broadly interpreted to include, for example, ombudsmen. In recognition of thepossible financial, administrative, in particular in the military field, and technical difficulties
associated with the use of minority languages in relations between persons belonging to national
minorities and the administrative authorities, this provision has been worded very flexibly,leaving Parties a wide measure of discretion.
65.
Once the two conditions in paragraph 2 are met, Parties shall endeavour to ensure the useof a minority language in relations with the administrative authorities as far as possible. The
existence of a “real need” is to be assessed by the State on the basis of objective criteria.
Although contracting States should make every effort to apply this principle, the wording “as far
as possible” indicates that various factors, in particular the financial resources of the Party
concerned, may be taken into consideration.
66.
The Parties’ obligations regarding the use of minority languages do not in any way affectthe status of the official language or languages of the country concerned. Moreover, theframework Convention deliberately refrains from defining “areas inhabited by persons
belonging to national minorities traditionally or in substantial numbers”. It was considered
preferable to adopt a flexible form of wording which will allow each Party’s particular
circumstances to be taken into account. The term “inhabited ... traditionally” does not refer tohistorical minorities, but only to those still living in the same geographical area (see also Article
11, paragraph 3, and Article 14, paragraph 2).

- 20 -

Paragraph 3
67.
This paragraph is based on certain provisions contained in Articles 5 and 6 of theEuropean Convention on Human Rights. It does not go beyond the safeguards contained in thosearticles.
Article 11
Paragraph 1
68.
In view of the practical implications of this obligation, the provision is worded in such a
way as to enable Parties to apply it in the light of their own particular circumstances. For
example, Parties may use the alphabet of their official language to write the name(s) of a person
belonging to a national minority in its phonetic form. Persons who have been forced to give up
their original name(s), or whose name(s) has (have) been changed by force, should be entitled torevert to it (them), subject of course to exceptions in the case of abuse of rights and changes ofname(s) for fraudulent purposes. It is understood that the legal systems of the Parties will, in thisrespect, meet international principles concerning the protection of national minorities.
Paragraph 2
69.
The obligation in this paragraph concerns an individual’s right to display “in his or her
minority language signs, inscriptions and other information of a private nature visible to the
public”. This does not, of course, exclude persons belonging to national minorities from being
required to use, in addition, the official language and/or other minority languages. The
expression “of a private nature” refers to all that is not official.
Paragraph 3
70.
This article aims to promote the possibility of having local names, street names and othertopographical indications intended for the public also in the minority language. In implementing
this principle the States are entitled to take due account of the specific circumstances and theframework of their legal systems, including, where appropriate, agreements with other States. In
the field covered by this provision, it is understood that the Parties are under no obligation toconclude agreements with other States. Conversely, the possibility of concluding suchagreements is not ruled out. It is also understood that the legally binding nature of existing
agreements remains unaffected. This provision does not imply any official recognition of local
names in the minority languages.
Article 1271.
This article seeks to promote knowledge of the culture, history, language and religion ofboth national minorities and the majority population in an intercultural perspective (see Article
6, paragraph 1). The aim is to create a climate of tolerance and dialogue, as referred to in thepreamble to the framework convention and in Appendix II of the Vienna Declaration of the
Heads of State and Government. The list in the second paragraph is not exhaustive whilst thewords “access to textbooks” are understood as including the publication of textbooks and theirpurchase in other countries. The obligation to promote equal opportunities for access to- 21 -

education at all levels for persons belonging to national minorities reflects a concern expressedin the Vienna Declaration.
Article 13
Paragraph 1
72.
The Parties’ obligation to recognise the right of persons belonging to national minorities
to set up and manage their own private educational and training establishments is subject to therequirements of their educational system, particularly the regulations relating to compulsory
schooling. The establishments covered by this paragraph may be subject to the same forms ofsupervision as other establishments, particularly with regard to teaching standards. Once therequired standards are met, it is important that any qualifications awarded are officiallyrecognised. The relevant national legislation must be based on objective criteria and conform to
the principle of non-discrimination.
Paragraph 2
73.
The exercise of the right referred to in paragraph 1 does not entail any financial
obligation for the Party concerned, but neither does it exclude the possibility of such acontribution.
Article 14
Paragraph 1
74.
The obligation to recognise the right of every person belonging to a national minority tolearn his or her minority language concerns one of the principal means by which suchindividuals can assert and preserve their identity. There can be no exceptions to this. Without
prejudice to the principles mentioned in paragraph 2, this paragraph does not imply positive
action, notably of a financial nature, on the part of the State.
Paragraph 2
75.
This provision concerns teaching of and instruction in a minority language. In
recognition of the possible financial, administrative and technical difficulties associated with
instruction of or in minority languages, this provision has been worded very flexibly, leaving
Parties a wide measure of discretion. The obligation to endeavour to ensure instruction of or inminority languages is subject to several conditions; in particular, there must be “sufficientdemand” from persons belonging to the relevant national minorities. The wording “as far as
possible” indicates that such instruction is dependent on the available resources of the Party
concerned.
76.
The text deliberately refrains from defining “sufficient demand”, a flexible form of
wording which allows Parties to take account of their countries’ own particular circumstances.
Parties have a choice of means and arrangements in ensuring such instruction, taking their
particular educational system into account.

- 22 -

77.
The alternatives referred to in this paragraph – “opportunities for being taught theminority language or for receiving instruction in this language” – are not mutually exclusive.
Even though Article 14, paragraph 2, imposes no obligation upon States to do both, its wording
does not prevent the States Parties from implementing the teaching of the minority language aswell as the instruction in the minority language. Bilingual instruction may be one of the meansof achieving the objective of this provision. The obligation arising from this paragraph could be
extended to pre-school education.
Paragraph 3
78.
The opportunities for being taught the minority language or for receiving instruction inthis language are without prejudice to the learning of the official language or the teaching in thislanguage. Indeed, knowledge of the official language is a factor of social cohesion andintegration.
79.
It is for States where there is more than one official language to settle the particularquestions which the implementation of this provision shall entail.
Article 1580.
This article requires Parties to create the conditions necessary for the effective
participation of persons belonging to national minorities in cultural, social and economic life andin public affairs, in particular those affecting them. It aims above all to encourage real equality
between persons belonging to national minorities and those forming part of the majority. In
order to create the necessary conditions for such participation by persons belonging to national
minorities, Parties could promote – in the framework of their constitutional systems – inter alia
the following measures:–consultation with these persons, by means of appropriate procedures and, in particular,
through their representative institutions, when Parties are contemplating legislation oradministrative measures likely to affect them directly;–
involving these persons in the preparation, implementation and assessment of nationaland regional development plans and programmes likely to affect them directly;–
undertaking studies, in conjunction with these persons, to assess the possible impact onthem of projected development activities;–
effective participation of persons belonging to national minorities in the decision-making
processes and elected bodies both at national and local levels;–

decentralised or local forms of government.

Article 16
81.
The purpose of this article is to protect against measures which change the proportion of
the population in areas inhabited by persons belonging to national minorities and are aimed at
restricting the rights and freedoms which flow from the present framework Convention.

- 23 -

Examples of such measures might be expropriation, evictions and expulsions or redrawing
administrative borders with a view to restricting the enjoyment of such rights and freedoms(“gerrymandering”).
82.
The article prohibits only measures which are aimed at restricting the rights andfreedoms flowing from the framework Convention. It was considered impossible to extend theprohibition to measures having the effect of restricting such rights and freedoms, since suchmeasures may sometimes be entirely justified and legitimate. One example might beresettlement of inhabitants of a village in order to build a dam.
Article 1783.
This article contains two undertakings important to the maintenance and development of
the culture of persons belonging to a national minority and to the preservation of their identity(see also Article 5, paragraph 1). The first paragraph deals with the right to establish andmaintain free and peaceful contacts across frontiers, whereas the second paragraph protects theright to participate in the activities of non-governmental organisations (see also in thisconnection, the provisions on freedom of assembly and of association in Article 7).
84.
The provisions of this article are largely based on paragraphs 32.4 and 32.6 of the
Copenhagen Document of the CSCE. It was considered unnecessary to include an explicit
provision on the right to establish and maintain contacts within the territory of a State, since thiswas felt to be adequately covered by other provisions of the framework Convention, notably
Article 7 as regards freedom of assembly and of association.
Article 18
85.
This article encourages the Parties to conclude, in addition to the existing international
instruments, and where the specific circumstances justify it, bilateral and multilateral agreements
for the protection of national minorities. It also stimulates transfrontier co-operation. As isemphasised in the Vienna Declaration and its Appendix II, such agreements and co-operation
are important for the promotion of tolerance, prosperity, stability and peace.
Paragraph 1
86.
Bilateral and multilateral agreements as envisaged by this paragraph might, for instance,
be concluded in the fields of culture, education and information.
Paragraph 2
87.
This paragraph points out the importance of transfrontier co-operation. Exchange of
information and experience between States is an important tool for the promotion of mutual
understanding and confidence. In particular, transfrontier co-operation has the advantage that itallows for arrangements specifically tailored to the wishes and needs of the persons concerned.

- 24 -

Article 19
88.
This article provides for the possibility of limitations, restrictions or derogations. Whenthe undertakings included in this framework Convention have an equivalent in otherinternational legal instruments, in particular the ECHR, only the limitations, restrictions orderogations provided for in those instruments are allowed. When the undertakings set forth in
this framework Convention have no equivalent in other international legal instruments, the only
limitations, restrictions or derogations allowed are those which, included in other legal
instruments (such as the ECHR) in respect of different undertakings, are relevant.
SECTION III
Article 20
89.
Persons belonging to national minorities are required to respect the national constitution
and other national legislation. However, this reference to national legislation clearly does notentitle Parties to ignore the provisions of the framework Convention. Persons belonging tonational minorities must also respect the rights of others. In this regard, reference may be madeto situations where persons belonging to national minorities are in a minority nationally but forma majority within one area of the State.
Article 2190.
This provision stresses the importance of the fundamental principles of international law
and specifies that the protection of persons belonging to national minorities must be inaccordance with these principles.
Article 22
91.
This provision, which is based on Article 60 of the ECHR, sets out a well-known
principle. The aim is to ensure that persons belonging to national minorities benefit fromwhichever of the relevant national or international human rights legislation is most favourable tothem.
Article 23
92.
This provision deals with the relationship between the framework Convention and theConvention for the Protection of Human Rights and Fundamental Freedoms, reference to whichis included in the Preamble. Under no circumstances can the framework Convention modify therights and freedoms safeguarded in the Convention for the Protection of Human Rights andFundamental Freedoms. On the contrary, rights and freedoms enshrined in the framework
Convention which are the subject of a corresponding provision in the Convention for theProtection of Human Rights and Fundamental Freedoms must be interpreted in accordance withthe latter.

- 25 -SECTION IV
Articles 24-26
93.
To provide for overseeing the application of the framework Convention, the Committeeof Ministers is entrusted with the task of monitoring the implementation by the Contracting
Parties. The Committee of Ministers shall determine the modalities for the participation in theimplementation mechanism by the Parties which are not members of the Council of Europe.
94.
Each Party shall transmit to the Secretary General on a periodical basis and whenever theCommittee of Ministers so requests information of relevance to the implementation of thisframework Convention. The Secretary General shall transmit this information to the Committeeof Ministers. However, the first report, the aim of which is to provide full information onlegislative and other measures which the Party has taken to give effect to the undertakings set
out in the framework Convention, must be submitted within one year of the entry into force ofthe framework Convention in respect of the Party concerned. The purpose of the subsequent
reports shall be to complement the information included in the first report.
95.
In order to ensure the efficiency of the monitoring of the implementation of theframework Convention, it provides for the setting up of an advisory committee. The task of thisadvisory committee is to assist the Committee of Ministers when it evaluates the adequacy of themeasures taken by a Party to give effect to the principles set out in the framework Convention.
96.
It is up to the Committee of Ministers to determine, within one year of the entry into
force of the framework Convention, the composition and the procedures of the advisorycommittee, the members of which shall have recognised expertise in the field of the protectionof national minorities.
97.
The monitoring of the implementation of this framework Convention shall, in so far as
possible, be transparent. In this regard it would be advisable to envisage the publication of thereports and other texts resulting from such monitoring.
SECTION V
98.
The final provisions contained in articles 27 to 32 are based on the model final clauses
for conventions and agreements concluded within the Council of Europe. No article on
reservations was included; reservations are allowed in as far as they are permitted byinternational law. Apart from Articles 27 and 29 the articles in this section require no particularcomment.

- 26 -

Articles 27 and 29
99.
The framework Convention is open for signature by the Council of Europe’s member
States and, at the invitation of the Committee of Ministers, by other States. It is understood that“other States” are those States which participate in the Conference on Security and Co-operationin Europe. These provisions take account of the Vienna Declaration, according to which theframework Convention should also be open for signature by non-member States (see Appendix
II to the Vienna Declaration of the Council of Europe Summit).