Thank you, Mr. President. Thank you to the Special Rapporteur for inviting me to speak and thank
you to OHCHR for your efforts to organise this forum.
The prevention of atrocity crimes against minorities led to the development of the international
human rights framework, but 74 years later minorities have very little legal protection and their
rights have been successively weakened and undermined.
Even though only normative there is no doubt that the global consensus reached 30 years ago to
create the UN Declaration on Minorities was significant, it was intended to provide a foundation for
the development of more robust legal standards on protection and enjoyment of rights. This never
happened.
Three decades later as minorities continue to face genocide, atrocity crimes, torture, persecution,
hatred, discrimination, displacement; with the present economic slowdown they face greater
poverty, starvation, losses in access to education, employment, and income generation; and are now
at the frontier of climate disasters;
We can safely say the existing framework is totally inadequate.
In my experience, I have found, this framework has little to offer, for example to the mother waiting
for the return of her son who was disappeared 10 years ago simply because he was identified as an
ethnic Tamil; to the Bedouin family who have no heating or power in their unrecognised village; to
the Roma family that was discriminated against while trying to leave Ukraine; to the Shia community
activist who is afraid of being killed at a religious observance; to the Masaai girl who has limited
access to education and fears FGM and child marriage when she reaches puberty.
To compensate for this normative abyss we have had to depend on other treaties and mechanisms.
This has resulted in a scattered, incoherent and weakened response to the situations of minorities
The crux of the problem can be expressed in the following theorem:
The gulf between the worsening situation for minorities globally and the dispersed, emaciated
offerings of the minority rights regime, has been expanding, whilst the commitment by states to
bridge this has decreased.
We are now left with a diminished framework, weaker than even those that were similarly created
such as for indigenous persons and people of African descent. In terms of implementation the most
states have been able to agree on is this forum; primarily for ‘dialogue and cooperation.’
To use the words of the UN Secretary General, this ‘outright inaction and negligence’ must end.
We have expanded and exhausted the current regime to its limit and we are now at a pivotal
moment where change is essential. Reform is unquestionable and critical.
To ensure the protection and enjoyment of rights of minorities, reform should not fall shy of a legally
binding treaty and a monitoring body to ensure the protection and enjoyment of rights of minorities.
This treaty must:
1) Present a clear definition of minorities, breaking away from the old colonial constructs,
including on the basis of ‘old’ and ‘new’ minorities, recognising the non-dominant status of
different groups and incorporate religious minorities.
2) Have clear legal protection for minorities, including in situations of armed conflict. The
present reliance on the genocide prevention mandate is narrow and ineffective. Minorities