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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.”
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.