E/CN.4/Sub.2/AC.5/2001/2
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Article 7
States should cooperate in order to promote respect for the rights set forth in the present
Declaration
78.
The cooperation called for in article 7 can be undertaken at the regional and subregional
levels, as well as at the level of the United Nations. At the European level, a number of
intergovernmental mechanisms and procedures have been established whose purpose, at least
partially, is to promote in a peaceful way the rights of minorities and achieve constructive group
accommodation. These mechanisms include the Council of the Baltic Sea States and its
Commissioner on Democratic Institutions and Human Rights, including the Rights of Persons
belonging to Minorities; the OSCE, with its Office of the High Commissioner on National
Minorities; and the Council of Europe, which has adopted several instruments of relevance for
minorities. In the United Nations, cooperation can take place through the Working Group on
Minorities.
79.
The treaty bodies, in particular CERD, the Human Rights Committee and the Committee
on the Rights of the Child, can also play important roles in this regard. (See also below under
article 9.)
Article 8
8.1
Nothing in the present Declaration shall prevent the fulfilment of international
obligations of States in relation to persons belonging to minorities. In particular,
States shall fulfil in good faith the obligations and commitments they have assumed
under international treaties and agreements to which they are parties
80.
The Declaration does not replace or modify existing international obligations in favour of
persons belonging to minorities. It is an addition to, not a substitute for, commitments already
made.
8.2
The exercise of the rights set forth in the present Declaration shall not prejudice the
enjoyment by all persons of universally recognized human rights and fundamental
freedoms
81.
The rights of specific categories of persons are supplementary to the universally
recognized rights of every person. The Declaration is intended to strengthen the implementation
of human rights in regard to persons belonging to minorities, but not to weaken for anyone the
enjoyment of universal human rights. Consequently, the exercise of rights under the Declaration
must not negatively affect the enjoyment of human rights for persons who do not belong to a
minority, nor for persons who belong to the minority. In their efforts to preserve the collective
identity of the minority, agencies of the minority concerned cannot on the basis of the
Declaration adopt measures which interfere with the individual human rights of any person
belonging to that minority.