3.7 RESPONSIBILITIES OF MINORITIES:

 

  • Minority rights do not permit violations of the territorial integrity and independence of states
  • Minorities should also respect the human rights of all persons
  • Societies should engage in inter-cultural understandings

 

BOX 2. OVERVIEW OF STANDARDS AND MECHANISMS ON MINORITIES

There are many standards and mechanisms at the global and regional level that aim to protect minorities. There are several legally binding international treaties with specific provisions aimed at minority groups and indigenous peoples, in addition to two relevant non-legally binding UN declarations. (see Table 1). Further details can be found in Chapters 11-12.


Table 1. Key international standards on minorities and indigenous peoples
Treaty Organisation Monitoring or Review Mechanism State Ratifications12
International Covenant on Civil
and Political Rights

(Article 27)
United Nations Human Rights Committee 165
Convention on the Rights of the Child (Article 30) United Nations Committee on the Rights of the Child 193
ILO Convention 169 Concerning Indigenous and Tribal Peoples United Nations Committee of Experts on the Application of Conventions
and Recommendations
20
Framework Convention for the Protection of National Minorities (FCNM) Council of Europe Advisory Committee 39
European Charter on Regional and Minority Languages Council of Europe Committee of Experts 24
Declaration Organisation Related Thematic Mechanisms State Support
UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities United Nations Forum on Minority Issues;
Independent Expert on
minority issues
Adopted by consensus of UN General Assembly
UN Declaration on the Rights of Indigenous Peoples United Nations Permanent Forum on
Indigenous Issues;
Expert Mechanism on the
Rights of Indigenous Peoples
Adopted by consensus of UN General Assembly

Mechanisms that monitor, review or relate to these treaties and declarations include treaty bodies, independent experts and working groups in various forms. Some mechanisms are quasi-judicial. Minorities have pursued several minority rights cases using international and regional human rights mechanisms. The decisions of these bodies have established a number of important principles for the protection of minorities (see Annex II). International experts and working groups established by inter-governmental organizations have successfully used diplomacy and dialogue to address minority issues. For example, the UN Independent Expert on minority issues has engaged in a range of important initiatives, including working with UNDP, conducting country visits and responding to communications from minorities. An overview of some of the key mechanisms with a particular focus on minorities and/or indigenous peoples is included below. Further information on the work of these mechanisms can be found in Chapters 11-12 and Annexes II-III of the Guide.


Table 2. Key international mechanisms on minorities and indigenous peoples
Mechanism Organisation Activities
UN Treaty Bodies United Nations
  • Adjudicate on individual complaints
  • Review State reports and make recommendations on rights implementation
  • Accept alternative (‘shadow’) reports from CSOs on treaty implementation
  • Produce expert opinions on application of the treaties (i.e. as General Comments/General Recommendations)
Independent Expert on minority issues United Nations
  • Promotes the implementation of the UN Declaration on the Rights of National or Ethnic, Religious and Linguistic Minorities
  • Conducts country visits and makes recommendations on legislative and policy reform (vis-à-vis minorities)
  • Receives and may respond to communications from minority groups on issues of concern
  • Engages in normative development and in policy advice
Special Procedures (especially on Racism and Discrimination, Indigenous People, Freedom of Religion, Migrant Workers) United Nations
  • Conduct country visits and make recommendations on legislative and policy reform (vis-à-vis minorities)
  • Receive and may respond to communications from groups on issues of concern
  • Engage in policy advice and normative development
Forum on Minority Issues United Nations
  • Identifies and analyzes best practices, challenges, opportunities and initiatives for the further implementation of the UN Declaration on the Rights of National or Ethnic, Religious and Linguistic Minorities
  • Provides a platform for promoting dialogue and cooperation on issues pertaining to persons belonging to national or ethnic, religious and linguistic minorities, which shall provide thematic contributions and expertise to the work of the independent expert on minority issues (e.g. minorities and the right to education, 2008, minorities and political participation, 2009)
Permanent Forum on Indigenous Issues (PFII) United Nations
  • Provides expert advice and recommendations on indigenous issues to ECOSOC as well as to
    programmes, funds and agencies of the UN
  • Raises awareness and promotes the integration and coordination of activities related to indigenous issues within the UN system
  • Prepares and disseminates information on indigenous issues
  • Receives information from groups on thematic issues under consideration by the PFII
Expert Mechanism on the Rights of Indigenous Peoples United Nations
  • Provides thematic expertise and recommendations to the UN Human Rights Council on indigenous issues
  • Receives information from groups on thematic issues under consideration by the Expert Mechanism
Working Group of Experts on People of African Descent United Nations
  • Reviews by theme the problems of racial discrimination faced by people of African descent living in the Diaspora
  • Engages in policy advice and normative development
  • Conducts country visits and makes recommendations on legislative and policy reform
Special Advisor on the Prevention of Genocide United Nations
  • Collects existing information, in particular from within the UN system, on massive and serious violations of human rights and international humanitarian law of ethnic and racial origin that might lead to genocide
  • Makes recommendations to the UN Secretary-General and Security Council
  • Liaises with UN system on measures for
    genocide prevention
High Commissioner on National Minorities OSCE
  • Identifies and seeks early resolution of ethnic tensions that might endanger peace, stability or friendly relations between OSCE participating States using quiet diplomacy
  • Engages in policy advice and normative development
Contact Point on Roma and Sinti OSCE
  • Supports the implementation of the OSCE Action Plan on Improving the Situation of Roma Within the OSCE Area
  • Engages in policy advice on Roma and Sinti issues, including in cooperation with community representatives
Advisory Committee on the FCNM Council
of Europe
  • Reviews State reports and make recommendations on rights implementation for national minorities
  • Accepts alternative (‘shadow’) reports from CSOs on
    treaty implementation
  • Produces expert opinions on application of the FCNM
    (i.e. as Thematic Commentaries)
Committee of Experts on Issues relating to the Protection of National Minorities (DH-MIN) Council
of Europe
  • Acts as a forum for the exchange of information, views
    and experience on policies and good practices for the protection of national minorities
  • Considers transversal issues relevant to CoE member
  • States and supports European cooperation on issues relating to the protection of national minorities
  • Prepares draft opinions on relevant issues
European Roma and Travellers Forum (ERTF) and the Committee of Experts on Roma and Travellers (MG-S-ROM) Council
of Europe
  • ERTF is an elected forum with a mandate to promote
    the human rights of Roma and Travellers in Europe; it
    is independent but works in close cooperation with
    the Council of Europe
  • The MG-S-ROM has a mandate to study, analyse and evaluate the implementation of policies and practices of member States concerning Roma and Travellers
  • Engages in policy advice and the development of Guidelines
Working Group on Indigenous Populations/Communities African Union
  • Reviews the situation of indigenous peoples in Africa, making recommendations to the African Commission on Human and Peoples’ Rights
  • Receives information from groups on issues of concern
  • Conducts country visits and makes recommendations on legislative and policy reform
Special Rapporteurs on: the Rights of People of African Descent and Racial Discrimination; and on Indigenous Peoples Organization of American States (OAS)
  • Conducts country visits and makes recommendations on legislative and policy reform
  • Receives and may respond to communications from groups on issues of concern
  • Engages in policy advice and normative development

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