E/CN.4/Sub.2/AC.5/2001/2
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4.5
States should consider appropriate measures so that persons belonging to minorities
may participate fully in the economic progress and development of their country
71.
There is often a risk that minorities, owing to their limited number compared to the
majority and for other reasons, may be subjected to exclusion, marginalization or neglect. In the
worst cases, the land and resources of minorities are taken over by the more powerful sectors of
society, with consequent displacement and marginalization of persons belonging to the
minorities. In other cases, persons belonging to minorities are neglected in the economic life of
the society. Article 4.5 requires steps being taken to ensure that this does not happen. It should
also prevent minorities being made into museum pieces by a misguided requirement that they
remain at their traditional level of development while the members of the surrounding society
experience significant improvements in their standard of living.
72.
Article 4.5 calls for the integration of everyone in the overall economic development of
society as a whole, while ensuring that this integration takes place in ways which make it
possible for persons belonging to minorities to preserve their own identity. The balancing act
required by these two separate aims can be difficult, but is facilitated by the existence of active
and free associations of minorities which are fully consulted in regard to all development
activities which affect or can affect their minority. Measures taken under article 2 to ensure
participation facilitate this process.
Article 5
5.1
National policies and programmes shall be planned and implemented with due
regard for the legitimate interests of persons belonging to minorities
73.
The participation of persons belonging to minorities in the economic progress and
development of their country (art. 4.5) can be achieved only if their interests are taken into
account in the planning and implementation of national policies and programmes. Their interests
go beyond purely economic aspects, however. Planning of educational policy, health policy,
public nutrition policy or housing and settlement policies are among the many aspects of social
life in which the interests of the minorities should be taken into account. While the authorities
are required to take only “legitimate” interests into account, this is no different from what is
required in relation to majorities: an accountable Government should not promote “illegitimate
interests” of any group, whether majority or minority. The interests of minorities should be
given “due regard”, which means that they should be given reasonable weight compared with
other legitimate interests that the Government has to take into consideration.
5.2
Programmes of cooperation and assistance among States should be planned and
implemented with due regard for the legitimate interests of persons belonging to
minorities
74.
This provision is of particular interest for development assistance, but relates also to
other economic cooperation among States, including trade and investment agreements. There
have been many instances in the past where such cooperation has neglected or directly violated