A/HRC/52/53
I. Introduction
1.
In its resolution 49/14, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to continue to present an annual report containing
information on relevant developments of United Nations human rights bodies and
mechanisms, and on the activities undertaken by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) at headquarters and in the field that contributed
to the promotion of and respect for the provisions of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities.
2.
In the resolution, the Human Rights Council noted that 2022 marked the thirtieth
anniversary of the adoption of the Declaration, and that the anniversary offered an important
opportunity for States to reflect on achievements, best practices and continuing challenges
with regard to the implementation of the Declaration and to take further steps for the
promotion and protection of the rights of persons belonging to national or ethnic, religious
and linguistic minorities.
II. Commemorating the thirtieth anniversary of the Declaration
on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities
3.
The General Assembly adopted the Declaration by consensus on 18 December 1992
through resolution 47/135. It is the only United Nations instrument entirely dedicated to
minority rights. The adoption of the Declaration was a landmark moment, a step towards
promoting equality, protecting communities, providing a voice and preventing conflict.1
4.
The preamble to the Declaration states that the promotion and protection of the rights
of persons belonging to national or ethnic, religious and linguistic minorities contribute to
the political and social stability of States in which they live. In other words, the Declaration,
with its four pillars, namely protection of the existence of minorities, non-discrimination,
protection of identity, and participation, serves to mitigate the risk of conflict. The Special
Rapporteur on minority issues has observed that most contemporary violent conflicts involve
aggrieved minorities, that strategies should directly address the root causes of exclusion and
injustice and better protect minority rights, and that greater attention must be paid to minority
issues in support of conflict analysis and conflict prevention.2
5.
The Declaration is rooted in article 27 of the International Covenant on Civil and
Political Rights, which provides that in those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own culture, to profess and
practise their own religion, or to use their own language. The Declaration also reflects article
30 of the Convention on the Rights of the Child, which provides the same protection
specifically for children belonging to minority groups.
6.
The Declaration provides specific guidance and measures that States can undertake to
protect minorities’ rights and has influenced legal developments. For example, it was a
valuable model for the drafters of the Framework Convention for the Protection of National
Minorities of the Council of Europe, which serves as one of the pillars of the Council of
Europe’s human rights protection. In addition, references to the Declaration have been made
in regional jurisprudence, including judgments by the European Court of Human Rights,3 the
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3
2
See https://www.ohchr.org/en/stories/2022/05/30th-anniversary-marks-landmark-moment-minorityrights.
A/HRC/49/46, paras. 22 and 71.
Gorzelik and Others v. Poland, Application No. 44158/98, Judgment, 17 February 2004.
GE.22-29200