E/CN.4/Sub.2/AC.5/2001/2
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8.3
Measures taken by States to ensure the effective enjoyment of the rights set forth in
the present Declaration shall not prima facie be considered contrary to the principle
of equality contained in the Universal Declaration of Human Rights
82.
In accordance with article 1 of the Universal Declaration of Human Rights, all human
beings are born free and equal in dignity and rights. Article 2 of the Universal Declaration
provides that everyone is entitled to all the rights set out in that declaration without distinction of
any kind such as race, language, religion or national origin. The question has been raised as to
whether special measures in favour of national or ethnic, religious or linguistic minorities
constitute a distinction in the enjoyment of human rights. The same question could be put with
even greater emphasis with respect to the definition of racial discrimination contained in
article 1.1 of the International Convention on the Elimination of All Forms of Racial
Discrimination, which reads: “The term ‘racial discrimination’ shall mean any distinction,
exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin
which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise,
on an equal footing, of human rights and fundamental freedoms in the political, economic,
social, cultural or any other field of public life.” The question would then be whether special
measures under the Declaration on Minorities, which would indeed be taken on the basis of
“national or ethnic origin”, would constitute a preference and therefore constitute impermissible
discrimination.
83.
Article 8.3 answers this question by pointing out that such measures shall not
prima facie be considered to be contrary to the principle of equality. Under normal
circumstances, measures to ensure effective participation, or to ensure that minorities benefit
from economic progress in society or have the possibility to learn their own language will not be
a privilege vis-à-vis other members of the society. It is essential, however, that such measures
do not go beyond what is reasonable under the circumstances and are proportional to the aim
sought to be realized.
8.4
Nothing in the present Declaration may be construed as permitting any activity
contrary to the purposes and principles of the United Nations, including sovereign
equality, territorial integrity and political independence of States
84.
As stated in the preamble, the Declaration is based on the principles of the Charter of the
United Nations. Note should also be taken of the conviction expressed in the preamble that the
promotion and protection of the rights of minorities contribute to the political and social stability
of States. Article 8.4 serves as a reminder that nothing in the Declaration can be construed as
permitting any activity which is contrary to the purposes of the Charter. Particular mention is
made of activities that are contrary to the sovereign equality, territorial integrity and political
independence of States. As pointed out above, the rights of persons belonging to minorities are
different from the rights of peoples to self-determination, and minority rights cannot serve as a
basis for claims of secession or dismemberment of a State.