A/HRC/20/6
A.
Protection of existence
5.
Article 1 of the Declaration stipulates that States are to protect the existence of
minorities in recognition that minorities are often at a risk of being the targets of violence.
In situations of unrest and conflict, for example, minorities may be at greater risk of being
subjected to violence, displacement, expulsion or other human rights violations that, in
some cases, may include or could lead to the ultimate crime of genocide. The importance
attached to the protection of the existence of minorities has been well established under the
Convention on the Prevention and Punishment of the Crime of Genocide of 1948, which
prohibits the destruction of “a national, ethnical, racial or religious group, as such”. The
protection of existence of minorities requires accommodating diversity supported by
appropriate frameworks, including those based on their effective participation in decisionmaking processes.
B.
Protection and promotion of identity
6.
The Declaration provides in its article 2 that persons belonging to national or ethnic,
religious and linguistic minorities have the right to enjoy their own culture, to profess and
practise their own religion and to use their own language, in private and in public, freely
and without interference or any form of discrimination. Furthermore, States are also
required to encourage conditions for the promotion of minorities’ identity (art. 1). Hence,
the conditions for expression of the culture, customs, languages, traditions and institutions
of minorities are to be created and maintained to affirm and protect the distinctive
characteristics and collective identity of minorities while rejecting forced assimilation. In
this regard, the preservation of minority cultures and languages is paramount.
C.
Equality and non-discrimination
7.
The principles of non-discrimination and equality are fundamental in the enjoyment
and exercise of all human rights for all. Article 4 of the Declaration elaborates on the
principle of non-discrimination with regard to minorities, stating that States are to take
measures where required to ensure that persons belonging to minorities may exercise fully
and effectively all their human rights and fundamental freedoms without any discrimination
and in full equality before the law. Many violations of the rights of minorities have a basis
in discrimination, resulting in exclusion on the grounds of, inter alia, ethnicity, religion and
language.
D.
Right to effective participation
8.
The right to effective participation is a key component of the protection of minority
rights, helping to ensure the fulfilment of many other fundamental human rights. Effective
participation, particularly in decisions that have an impact on minorities, is a precondition
for the full and equal enjoyment of human rights. Removing barriers to the access of
minorities to effective participation in economic, social and cultural life is crucial and is
usually linked to lack of access to education, resulting in lack of formal qualifications.
III. Format and opening of the panel discussion
9.
The panel discussion was chaired by the Permanent Representative of Austria and
vice-President of the Human Rights Council, Christian Strohal. The opening statement was
4