Minorities have rights and, like all people, they also have responsibilities to wider society. Minorities should respect the territorial integrity and sovereign independence of States. The UN Declaration on the Rights of National or Ethnic, Religious and Linguistic Minorities states, "Nothing in the present Declaration may be construed as permitting any activity contrary to the purposes and principles of the United Nations, including sovereign equality, territorial integrity and political independence of States" (article 8.4). Minority rights provisions do not recognize the right to secession for minorities, although in extreme cases this has been a negotiated outcome. More common are forms of territorial or non-territorial autonomy that fulfill minority rights and provide conditions for the peaceful settlement of disputes or claims.
In the exercise of minority rights, minority communities have a responsibility to respect the human rights and fundamental freedoms of their own members and of other human beings. In some cases, certain practices of minority cultures can violate the human rights of individuals within their community. The UN Declaration on the Rights of National or Ethnic, Religious and Linguistic Minorities urges States to create favourable conditions so that minorities can express and develop their cultures, religions and languages, "except where specific practices are in violation of national law and contrary to international standards" (article 4.2)
Minorities have a responsibility to engage in inter-cultural understanding. The UN Declaration on the Rights of National or Ethnic, Religious and Linguistic Minorities provides, "Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole" (article 4.5). The parents of minority children have a responsibility to ensure that children have opportunities to learn about wider society and inter-communal respect and tolerance. The Convention on the Rights of the Child requires education to prepare the child for "responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin" (article 29.1 (d)). The education of children should also be directed toward the development of respect "for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own" (CRC article 29.1 (c)).
 |
- 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
|
 |
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.
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
|
|
|