Zwischen Arktis Adria und Armenien

From paper to practice 311
Section II is the main operative part of the convention as it contains the provisions
laying down more specific principles. These principles cover a wide range
of issues, inter alia: non-discrimination; promotion of effective equality; promotion
of the conditions regarding the preservation and development of the culture and
preservation of religion, language and traditions; freedom of assembly, association,
expression, thought, conscience and religion; access to and use of media; linguistic
freedoms: use of the minority language in private and in public as well as its use
before administrative authorities; use of one’s own name; display of information of
a private nature; topographical names in the minority language; education: learning
of, and instruction in, the minority language; freedom to set up educational institutions;
transfrontier contacts; international and transfrontier cooperation; participation
in economic, cultural and social life; participation in public life; prohibition of forced
assimilation.
Section III contains provisions on the interpretation of the convention such as that
it may not be construed as containing a right to engage in activities contrary to the
territorial integrity and political independence of a given state and that nothing in
the convention may be construed as limiting higher standards of protection of human
rights ensured in other international instruments or under national legislation.
Section IV sets out the provisions of the implementation mechanism. The evaluation
of the adequacy of the implementation of the convention by the parties shall
be carried out by the Committee of Ministers which shall be assisted by an Advisory
Committee. The members of this committee shall have recognised experience in the
field of protection of national minorities. Its composition and procedure will be determined
by the Committee of Ministers. The parties shall be required to file a report
containing full information on legislative and other measures taken to give effect to
the principles of the convention, within one year of entry into force. Further reports
will have to be made on a periodical basis and whenever the Committee of Ministers
so requests.
The final provisions are in Section V of the convention. As mentioned above, the
Framework Convention is an open one; non-member States of the Council of Europe
may join at the invitation of the Committee of Ministers, which is particularly relevant
for the participating States of the CSCE. The convention will enter into force on
the first day of the month following the expiration of a period of three months after
the date of the twelfth ratification by a member State of the Council of Europe.
Almost always when mention is made of the Framework Convention, this document
is labelled as being the first ‘legally binding’ international instrument devoted
to the rights of national minorities in general. Nevertheless, it has three major weaknesses:
First, most of the convention’s provisions are of a purely programmatic
nature. Secondly, the whole procedure of signing, ratifying and implementing the
convention was, and still is, flawed by a large number of considerable weaknesses.
And thirdly, the mechanism for monitoring the implementation of the convention is
a weak one.
First, the weak wording of the convention should be highlighted. Two major deficiencies
concern basic legal terminology: a) The convention does not contain a
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