A/HRC/20/6
I. Introduction
1.
In its resolution 18/3, the Human Rights Council noted that 2012 would mark the
twentieth anniversary of the adoption of the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities. The Council therefore decided
to convene, at its nineteenth session, a panel discussion to commemorate the twentieth
anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities, with a particular focus on its implementation as well as
on achievements, best practices and challenges in this regard.
2.
The anniversary offers an important opportunity to examine how the Declaration has
served the purpose of advancing the rights of persons belonging to national or ethnic,
religious and linguistic minorities. Against this background, the panel discussion was
organized to highlight the positive initiatives and good practices that have proved
successful in the protection and promotion of the rights of minorities and that could be
replicated. Although implementation of the Declaration has facilitated positive measures,
the panel discussion also reflected the fact that further efforts are needed to improve its
implementation in all countries and regions. In the discussion, the challenges to
implementation were identified and possible avenues to overcome these challenges shared.
II. Substantive background to the panel discussion
3.
Adopted by consensus in 1992,1 the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities remains the first human rights
instrument of the United Nations devoted solely to minorities. In the preamble thereto, the
General Assembly considered that the promotion and protection of the rights of persons
belonging to minorities contribute to the political and social stability of States in which they
live. The Declaration, which was inspired by article 27 of the International Covenant on
Civil and Political Rights, contains both the rights pertaining to minorities and the
obligations of States with respect to minorities. In its article 1, the Declaration establishes
that States are to protect the existence and the national or ethnic, cultural, religious and
linguistic identity of minorities within their respective territories, and to encourage
conditions for the promotion of that identity.
4.
The expert panellists, representing different regions, recalled in their commentaries
the fact that a variety of country situations present a range of circumstances and challenges
to minorities and States. Nonetheless, the Declaration provided all States with guidance and
inspiration on measures and approaches that could apply to a variety of situations and serve
to improve protection. The panel discussion contributed by raising awareness and
increasing understanding of effective practices and the challenges to be faced. In this
regard, the panel addressed the “pillars” on which the Declaration was built:
• Protection of existence
• Protection and promotion of identity
• Equality and non-discrimination
• Right to effective participation
1
General Assembly resolution 47/135, annex.
3