E/CN.4/Sub.2/AC.5/2001/2
page 11
50.
Citizenship remains an important condition for full and effective participation. Barriers
to the acquisition of citizenship for members of minorities should be reduced. Forms of
participation by resident non-citizens should also be developed, including local voting rights
after a certain period of residence and inclusion of elected non-citizen observers in municipal,
regional and national legislative and decision-making assemblies.
2.4
Persons belonging to minorities have the right to establish and maintain their
own associations
51.
Persons belonging to minorities are entitled, in the same way as other members of
society, to set up any association they may want,11 including educational or religious institutions,
but their right to association is not limited to concerns related to their cultural, linguistic or
religious identity. The right to associate of persons belonging to minorities extends both to
national and to international associations. Their right to form or join associations can be limited
only by law and the limitations can only be those which apply to associations of majorities:
limitations must be those necessary in a democratic society in the interests of national security or
public safety, public order, the protection of public health or morals, or the protection of rights
and freedoms.
2.5
Persons belonging to minorities have the right to establish and maintain, without
any discrimination, free and peaceful contacts with other members of their group
and with persons belonging to other minorities, as well as contacts across frontiers
with citizens of other States to whom they are related by national or ethnic, religious
or linguistic ties
52.
The right to contacts has three facets, permitting intra-minority contacts, inter-minority
contacts, and transfrontier contacts. The right to intra-minority contacts is inherent in the right of
association. Inter-minority contacts make it possible for persons belonging to minorities to share
experience and information and to develop a common minority platform within the State. The
right to transfrontier contacts constitutes the major innovation of the Declaration, and serves in
part to overcome some of the negative consequences of the often unavoidable division of ethnic
groups by international frontiers. Such contacts must be “free” but also “peaceful”. The latter
limitation has two aspects: it must not involve the use of violent means or preparation of the use
of such means; secondly, the aims must be in conformity with the Declaration and generally with
the purposes and principles of the Charter of the United Nations, as set out also in article 8.4 of
the Declaration.
Article 3
3.1
Persons belonging to minorities may exercise their rights, including those set forth
in the present Declaration, individually as well as in community with other members
of their group, without any discrimination
53.
The main point here is that persons can exercise their rights both individually and
collectively, the most important aspect being the collective exercise of their rights, be it through
associations, cultural manifestations or educational institutions, or in any other way. That they