A/HRC/49/46
identifying and addressing the exclusion, discrimination, inequalities and hate experienced
by identity-based groups, such as minorities, in conflict-prone contexts – as put forward by
the Independent Expert and by the United Nations/World Bank in their joint report – is
usually missing altogether from efforts to tackle many of the world’s violent conflicts. It
should perhaps then be no surprise that the number of conflicts globally is increasing, since
there is little or no focus on preventing specifically what many would argue are the main
drivers of contemporary conflicts.
39.
The submission of one European Member State to the Special Rapporteur for the
present report, for example, highlighted a large number of significant “peacebuilding”
initiatives around the world, dealing especially with young people and women, but none that
pointed directly to minorities or that addressed the usual drivers of conflicts, such as
grievances of exclusion, discrimination and inequalities. Only at one point was it suggested
that perhaps these initiatives could help to raise awareness of the multiple and intersecting
forms of discrimination faced by certain minority groups, and that perhaps other regional
organizations, such as OSCE, the European Union, the Association of Southeast Asian
Nations and the African Union, could play an important role in encouraging Member States
to develop national policies to recognize and strengthen the rights of minorities. Strictly
speaking, however, there was nothing in the submissions that related to the main drivers of
exclusion, discrimination and inequalities, the impact they have in contexts where they are
mostly likely to lead to instability, violence and eventually conflict, or how addressing those
drivers could help to prevent contemporary conflicts. Many of the submissions received for
the present report can thus be described as (a) only generally referring to the human rights
regimes in the country, and implying that such regimes are useful to help to prevent conflicts,
and (b) referring to specific rights of minorities being protected in the country as examples
of good practices in addressing exclusion, discrimination and inequalities, and indirectly,
even if not necessarily consciously, conflict-prevention practices.
40.
The submission of Guatemala was more to the point, highlighting national initiatives
to deal with areas of possible tension and conflict involving mainly indigenous communities
in minority positions. 36 These initiatives were directly identified as conflict prevention
measures and structures; it was noted that many, such as the Presidential Commission for
Peace and Human Rights, the directorate for addressing conflict and the Presidential
Commission on Dialogue, were intended to address indigenous grievances. Some initiatives
were also identified as tools to prevent and deal with conflicts, such as the protocol for
addressing social and community conflicts through dialogue, and the methodological strategy
for intervening in conflicts and social conflict through dialogue, both of the Presidential
Commission on Dialogue. Many more initiatives were identified, including measures to
assure the use of indigenous (Mayan, Kaqchikel and Garífuna) languages in the criminal
justice system, but the central points are the clear recognition of the direct connection
between conflict prevention and possible grievances of exclusion, discrimination and
inequalities of (mainly) indigenous peoples, and the essential role of human rights in this
respect.
D.
Exclusion, discrimination, inequalities and hate: human rights and the
main grievances driving contemporary conflicts
41.
In 1992, the heads of OSCE States established the position of High Commissioner on
National Minorities as an instrument of conflict prevention at the earliest possible stage to
provide “early warning” and, as appropriate, “early action” at the earliest possible stage in
regard to tensions involving minority issues that have the potential to develop into a
conflict. 37 Among the first tools developed by this conflict prevention mechanism was a
36
37
10
Human Rights Committee case law and the concept of a minority as clarified by the Special
Rapporteur in his 2019 and 2020 reports to the General Assembly (A/74/160 and A/75/211) confirm
that indigenous peoples and minorities are not identical categories, but that indigenous peoples can
also constitute numerical ethnic, religious or linguistic minorities in some countries.
OSCE, “Establishment of the OSCE High Commissioner on National Minorities”, document from the
Helsinki Summit of Heads of State, 9–10 July 1992, p. 8. Available at
https://www.osce.org/files/f/documents/7/0/22252.pdf.