A/HRC/20/6
26.
In addressing political issues linked to education as well as in reforming educational
systems, States should include teaching in the mother tongues of national minorities in
school curricula. Minorities should have access to legal and public administrative manuals
in their mother tongue. The right to effective due process could not be secured in a
language not truly understood. Hence, in the long term, States should invest in developing
plans of action and strategies that take into consideration the situation of national
minorities. Such plans should include training courses to strengthen the capacity of
minorities to claim their fundamental rights, including the right to existence and identity. In
this regard, non-governmental human rights organizations should support the efforts of the
State not only in the field of education but also in developing awareness-raising
programmes facilitating exchanges between persons belonging to the majority with those
belonging to minorities.
27.
Mr. Murillo Martinez was asked a question on equality and non-discrimination. It
was recalled that minority rights, inclusion and equality played an important role in
promoting political and social stability and peace. Addressing the exclusion of minorities
and promoting the enjoyment of their rights rested on the right to non-discrimination, which
required combating both direct and indirect discrimination. Mr. Murillo Martinez was
therefore asked about the role played by special measures, and their effectiveness and that
of affirmative action in addressing the impact of long-standing and entrenched
discrimination of minorities. He was also asked about possible additional measures could
be taken to alleviate the effects of discrimination and exclusion.
28.
In his reply, Mr. Murillo Martinez addressed special measures and positive
measures, and referred to general recommendation No. 32 of the Committee on the
Elimination of Racial Discrimination, in which it defined special measures or measures of
positive action arising from article 1, paragraph 4, and article 2, paragraph 2, of the
International Convention on the Elimination of All Forms of Racial Discrimination.
According to the Committee, the obligation to take special measures was distinct from the
general positive obligation of States parties to the Convention to secure human rights and
fundamental freedoms on a non-discriminatory basis for persons and groups subject to their
jurisdiction.2
29.
The legitimacy of special measures or positive action could be established by
demonstrating factual conditions that justified it, by its reasonable nature, of proportionality
and temporality. Special measures or positive action had attained constitutional status in
many countries, from all parts of the world. For instance, in some countries, the right to
collective reparation in favour of victims of racial discrimination had gained constitutional
status, which provided for, inter alia, access to State public positions for indigenous peoples
and Afro-descendants proportional to their population in the country. Other special
measures had served to facilitate access to higher education by persons who would
otherwise be excluded.
30.
Prof. Castellino was asked a question about the right to effective participation. It was
stated that effective participation in every aspect of public life should give minorities a full
stake in society. Measures taken to ensure the effective participation of minorities
contributed to the alleviation of tensions, and thus served the purpose of conflict
prevention. Hence, creating the conditions for the effective participation of minorities
should be considered by States to be an integral aspect of good governance. Prof. Castellino
was therefore asked to indicate some of the good practices that could be replicated to ensure
effective participation of minorities through, for example, access to education, political life
and in decision-making on issues directly affecting them, and access to effective
2
8
CERD/C/GC/32, para. 14.