Minorities have the right to protection of their cultural, religious or linguistic identity. This right entails both positive and negative obligations for duty-bearers. Respecting, protecting and fulfilling identity rights for minorities are key factors in managing diversity and creating stability. Attempts to restrict or eradicate minority identities are a common grievance in inter-communal conflict.

Minorities must not be prevented from expressing their identities by undue restrictions or policies of assimilation. Signs of potential assimilation policies include the denial of the existence of minorities, prohibition of cultural practices and vigorous promotion of ‘nation-building’ that excludes all but one dominant cultural or religious identity.

Assimilation also leads to the eradication of a minority identity, whereas integration enables minority identities to flourish independently at the same time as becoming part of the wider national identity. Integration policies should not restrict the expression of minority identities and should create opportunities for minorities to feel included in society. Assimilation is coerced; integration is voluntary.

According to Article 4.2 of UNDM, States are also encouraged to “take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs”. Minorities should be able to promote their identity on an equal basis with majority groups. The protection of cultural heritage essential to the group’s identity is one aspect, including for example burial sites, buildings, religious places, documents and/or libraries. Policies may also entail recognition of forms of cultural autonomy for minorities, by determining educational content, forming national cultural institutions or by providing funding for cultural activities. The degree to which the State is obliged to provide resources for such measures varies and may be determined by assessing variables like the size of the group, its territorial concentration, historical residency in the State and the principles of equality, non-discrimination and proportionality.

Minorities and majorities could also be encouraged to gain an understanding of one another’s identities. According to article 4.4, States should “take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory” and minorities “should have adequate opportunities to gain knowledge of the society as a whole”. These are essential components of integrative strategies.

States have positive and negative obligations to protect minority identities Policies of integration are voluntary and consistent with the rights of minorities.

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