CYIL Vol. 7, 2016

HARALD CHRISTIAN SCHEU CYIL 7 ȍ2016Ȏ which operates as a subsidiary body of the Committee of Ministers of the Council of Europe. The Advisory Committee under the Framework Convention repeatedly dealt with the legal status of traditional national minorities and new minorities. The main problem lies in the fact that due to different approaches of European states tominority protection no definition of national minorities has been incorporated into the Framework Convention. Numerous States Parties (a total of 18), therefore, addressed this issue through unilateral declarations. Some States explained that the Framework Convention shall apply to groups that meet the definition of a national minority under national law. Other States sent either exhaustive or declaratory lists of recognized minorities that shall fall under the personal scope of the Framework Convention. Liechtenstein, Luxembourg and Malta declared that there were no national minorities on their territories and that they acceded to the Framework Convention only out of solidarity. 21 Other states (including the Czech Republic) did not submit similar statements at the occasion of signing or ratifying the Framework Convention, but they presented their concepts of a national minority in their initial compliance reports. In its monitoring practice the Advisory Committee has focused on whether also foreigners enjoy protection under the Framework Convention and whether the protection includes new migrant minorities. In general, the Advisory Committee noted that declarations of States Parties that introduce too narrow and restrictive definitions of minorities are incompatible with the spirit of the Framework Convention. 22 In a series of evaluation reports the Advisory Committee incorporated the statement that States Parties shall apply the Framework Convention flexibly and shall consider the inclusion of other groups of persons who have shown an interest in the Framework Convention. 23 Where the full inclusion of minorities is not possible, the Advisory Committee recommended to States Parties an article-by-article approach. This means that States Parties shall consider article by article which concrete minority rights (e.g. political rights) shall be reserved to citizens and members of recognized national minorities and which rights may be granted to foreigners and members of new minorities as well. 24 21 See, for example, the declaration of Lichtenstein of 18 November 1997: “The Principality of Liechtenstein considers its ratification of the Framework Convention as an act of solidarity in the view of the objectives of the Convention.” (http://www.coe.int/en/web/conventions/full-list/-/conventions/ treaty/157/declarations?p_auth=CaLrCrcY). 22 ANGST, DORIS. Artikel 3. In: HOFMANN, R., ANGST, D., LANTSCHNER, E. RAUTZ, G., REIN, D. (eds.) Rahmenübereinkommen zum Schutz nationaler Minderheiten. Handkommentar , Baden- Baden: Nomos, 2015, p. 167. 23 As an orientation may serve the formulation which the Advisory Committee has used in its evaluation on Cyprus: “The authorities are encouraged to display a flexible approach to the Framework Convention and to consider the possible inclusion in its application of other persons who have shown an interest in the Convention.” (ACFC/OP/III(2010)002, para. 41). 24 See. ANGST, D., op. cit., pp. 169-170.

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