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Loop Back! How HCNM Soft Jurisprudence and Standards Contribute to Compliance with, or Creation of, Hard Law

Reference to HCNM recommendations by other IGOs

The thematic recommendations provide a valuable practical tool for the HCNM in his or her own work in discussions with interlocutors to support his or her recommendations. They are also a valuable source for law- and policy-makers. They have been invoked by other IGO monitoring bodies of legally binding treaties pertaining to minorities in their monitoring work or interpretation of states’ obligations under such treaty law. The FCNM Advisory Committee of Experts (ACFC) has taken cues from the HCNM’s thematic recommendations. In particular, in assessing states’ reports on their implementation of the quite general character of Article 15 of the FCNM concerning participation of minorities in public life, the ACFC initially widely used the Lund Recommendations on Effective Participation of National Minorities in Public Life generated by the HCNM in 1999 as a reference. In this respect, Article 15 of the FCNM, as well as other relevant Articles of the Convention underlying minority participation, served as an international law source for elaboration of the Recommendations. Thereupon, the Lund Recommendations were used in the development of the FCNM’s own thematic commentary on the public participation of minorities.29 Such interplay and borrowing became common in [1]

the early work of the HCNM and the ACFC, and it was followed by others including the European Court of Human Rights.

  • [1] ‘ACFC Commentary on the Effective Participation of Persons Belonging to National Minoritiesin Cultural, Social and Economic Life and in Public Affairs’, para. 4 and para. 7.
 
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