A/49/415/Add.1
English
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K.
Commitments under international treaties and agreements
102. The Governments of Denmark and Germany pointed out the provisions of the
Bonn/Copenhagen Declarations of 1955, which were analysed above. In the view of
the Governments, German unification did not change the status in international
law of the Bonn/Copenhagen Declarations. For its part, the Government of the
Federal Republic of Germany has said that the Bonn Declaration constituted a
binding international obligation, which has been approved by the German
Bundestag and can be amended or terminated only with the agreement of the
Government of Denmark. The Bonn/Copenhagen Declarations were, it stated, a
unique example of a positive joint approach to tackling minority issues.
103. The Government of Ukraine considered that the realization of rights of
persons belonging to minorities should correspond to international human rights
standards embodied in the Charter of the United Nations and the Helsinki Final
Act, including those relating to the territorial integrity of States. As a
party to major United Nations conventions in the field of human rights, Ukraine
undertook to be guided by the provisions of those instruments in its policy
concerning the rights of persons belonging to minorities.
III.
NON-GOVERNMENTAL ORGANIZATIONS
Minority Rights Group
104. The Minority Rights Group has recently published a report entitled "Land
Rights and Minorities", written by Mr. Roger Plant with the support of the
Group’s office. The Minority Rights Group makes a descriptive survey of the
problems of land rights, and traditional land-tenure systems faced by minority
groups. It also assesses the legal and administrative measures adopted to deal
with them. The large number of land and resource claims discussed in the report
show that land and access to resources are a major source of conflict involving
minorities, which the international community has been trying to resolve.
105. The parts of the report most relevant to the issue of the effective
promotion of the Declaration are reproduced below:
"There is no reference to land concerns in the 1992 United Nations
Declaration on Minority Rights. There are general references to concerns
of economic and social rights. Examples are the provision (Article 2.2)
that minorities should have the right to participate in economic life, and
the somewhat vague provision (Article 4.3) that ’States should consider
appropriate measures so that persons belonging to minorities may
participate fully in the economic progress and development in their
country’. It has been argued that certain provisions of the Declaration
can be construed as recognizing basic subsistence rights, in that depriving
a group of the basic economic resources necessary to sustain its existence
would violate the principles of the Declaration.
"Many recent reports published by the Minority Rights Group itself
indicate that land is among the foremost problem areas - if not the
foremost problem area - now faced by minorities in different parts of the
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