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Section II, Article 18

Jennifer Jackson-Preece

From: The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of National Minorities

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 April 2024

Subject(s):
Indigenous peoples — Minorities — Human rights remedies — International peace and security

This chapter comments on Article 18 of the Framework Convention for the Protection of National Minorities (FCNM). Article 18 consists of two sections. Article 18(1) is an aspirational clause, which seeks to promote international relations conducive to the protection of persons belonging to minorities and, by extension, the preservation of international peace and stability. States, and in particular neighbouring states which possess transnational minorities, are thus encouraged to enter into bilateral and multilateral arrangements for the protection of such persons. Like Article 18(1), Article 18(2), is an aspirational clause. Instead of stipulating clear guidelines for state conduct with respect to minorities, it endorses a form of behaviour which states are free to follow as they see fit. The provisions of Article 18(2) are not therefore obligatory, but rather recommended practice; states are not obliged to enter into transfrontier co-operation, but should take measures to ‘encourage such cooperation’ where they deem it ‘relevant’ to do so.

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