(44) However, it was not until after WWII that the European region began to pay attention to the situation of minorities and their protection, (45) and minorities had to wait until the mid-1990s to see the FCNM finalized.
The FCNM recognizes that: "The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage." (46) Arguably, this provision could be interpreted as protecting the land rights of indigenous peoples, since the notion of lands is closely intertwined with indigenous peoples' cultural heritage.
(45) Letonya FCNM'yi ancak 2005 yilinda, bazi ek deklarasyonlarla onaylamistir.
(10) FCNM, ulusal azinlik tanimi yapmamasi, azinliklar icin kolektif haklar olusturmamasi, imzaci devletlere uygulamada cok genis bir alan birakmasi ve zayif kontrol sistemi bakimindan elestirilmektedir.
The document contends that even a semi-denial leads to a 'compromising of dignity and the very essence of all international human rights and that the cultural identity of a group enjoyed in community with others' underpin all developments of minority rights law encapsulated in Article 3 of the FCNM. It invites the UK government to implement this provision in full by accepting the broader definition as the Muslims are more likely to be discriminated against or face prejudice due to their religion and their ethnicity.
(18) It does not cover minority rights either in this non-discrimination clause or elsewhere and this view has been confirmed by the Pamphlet no.7 that accompanied the FCNM adoption in 1995.
For example, according to the interpretation of the Advisory Committee on the FCNM, the right to public participation enshrined in Article 15 of this convention explicates that the persons belonging to minorities should be heard and effectively taken into account (The Council of Europe ..., 2008, par.
The Council of Europe, the Advisory Committee on the FCNM. Commentary on the Effective Participation of Persons belonging to National Minorities in Cultural, Social and Economic Life and in Public Affairs.
(48.) The FCNM
is regarded as a non-self-executing agreement and, thus, it has essentially no domestic legal effect.
Filling a gap in the literature, this book comprises essays by involved practitioners connected with six units within the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT), the European Committee of Social Rights (the ECSR), the Advisory Committee on the Framework Convention for the Protection of National Minorities (the FCNM
), the European Commission against Racism and Intolerance (ECRI), and the Committee of Experts of the European Charter for Regional or Minority Languages (the ECRML).