Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
v prohibition of forced assimilation in that States “shall refrain from measures which
alter the proportions of the population in areas inhabited by persons belonging to
national minorities and are aimed at restricting the rights and freedoms flowing
from the principles enshrined in the ... Convention” – art. 16;
v the right to “maintain free and peaceful contacts across frontiers with persons
lawfully staying in other States” and the right to participate in the activities of
NGOs, both locally and internationally – art. 17.
4.5.2 Permissible limitations on the exercise of rights
“Where necessary”, the States parties are allowed to resort only to “those
limitations, restrictions or derogations which are provided for in international legal
instruments” and, in particular, in the European Convention on Human Rights, and
only “in so far as they are relevant to the rights and freedoms flowing from the said
principles” (art. 19). In other words, the terms of the Framework Convention cannot be
interpreted as adding a further legal basis for imposing limitations on the exercise of
rights, or resorting to derogations more extensive than those already allowed, for
instance, by article 15 of the European Convention on Human Rights and article 4 of
the International Covenant on Civil and Political Rights.
4.5.3 The implementation mechanism
The Committee of Ministers of the Council of Europe has the task of
monitoring the implementation of the Framework Convention by the Contracting
States (art. 24). In carrying out this task, the Committee of Ministers “shall be assisted
by an advisory committee, the members of which shall have recognized expertise in the
field of the protection of national minorities” (art. 26). The monitoring is based on a
reporting procedure, with the Contracting State being required to submit, within one
year following the entry into force of the Convention in its respect, “full information on
the legislative and other measures taken to give effect to the principles set out” in the
Convention, and thereafter, whenever the Committee of Ministers so requests, “any
further information of relevance to the implementation” thereof (art. 25).63
The Framework Convention for the Protection of National Minorities is
the first legally binding international treaty aimed at protecting national
minorities.
This Convention contains undertakings vis-à-vis national minorities in
areas such as, for instance, the right to equality before the law, freedom of
expression, freedom of religion, freedom of association and assembly,
linguistic freedoms, education, promotion of culture and national identity,
and the encouragement of tolerance and intercultural dialogue.
63 For more details of this monitoring procedure, see “Rules on the monitoring arrangements under articles 24 to 26 of the
Framework Convention for the Protection of National Minorities”, Resolution (97)10, adopted by the Committee of Ministers on 17
September 1997; for the text see the Council of Europe web site: http://www.coe.int/.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers