A/HRC/61/49/Add.1 14. The Committee on the Elimination of Racial Discrimination has stated the following: The term “non-discrimination” does not signify the necessity of uniform treatment when there are significant differences in situation between one person or group and another, or, in other words, if there is an objective and reasonable justification for differential treatment. To treat in an equal manner persons or groups whose situations are objectively different will constitute discrimination in effect, as will the unequal treatment of persons whose situations are objectively the same. The Committee has also observed that the application of the principle of non-discrimination requires that the characteristics of groups be taken into consideration.3 15. Therefore, special measures must be adopted when circumstances warrant, to secure for disadvantaged groups the full and equal enjoyment of human rights and fundamental freedoms.4 In addition, the principle of non-discrimination cannot be fully implemented if efforts are not grounded in the recognition and valuing of cultural diversity. In this regard, for example, educational policies promoting the Lao language at the expense of minority languages should be reassessed. 16. In addition, it is important to consider that indirect discrimination may affect specific groups, for example when resettlement policies affect highland communities more significantly. C. Recognition of ethnic groups and non-recognition of minorities and Indigenous Peoples 17. There are 50 ethnic groups recognized in the country, belonging to four linguistic groups: Mon-Khmer, Lao-Tai, Sino-Tibetan and Hmong-Iu Mien. This classification was established on the basis of research conducted by the Institute of Anthropology and Religions Research together with the department of ethnic affairs under the Lao Front for National Construction and the ethnic affairs committee of the National Assembly; the work was endorsed by the National Assembly in December 2008. The study recognized 49 groups; a fiftieth was recently added. Although formally abolished in 2008 – on the basis that it was hierarchical and divisive – another system, which categorizes the population into three groups (Lao Soung, Lao Theung and Lao Loum) based on geography (upper highlands, midlands and lowlands, respectively) is used widely in practice, including by the Government. 18. Recognizing the diversity of the Lao people is an important step, and is crucial to ensuring cultural rights. The Special Rapporteur worries however that the principle of self-identification – how each individual identifies with a particular group, as well as how each group determines its own affiliation – seems to be lacking in recognition processes. She also understands that the 50 ethnic groups contain even greater diversity, with estimates of the number of subgroups ranging from 160 to 200. 19. One difficulty lies in the refusal of the Lao People’s Democratic Republic to recognize ethnic minorities or Indigenous Peoples on its territory, referring to “ethnic groups” only, a term that actors operating in the country are compelled to use. The refusal is rooted in the need to avoid discrimination between groups and divisions in society and, with regard to Indigenous Peoples, the view that no group came first. The concept of Indigenous, however, is not about priority but rather historical continuity. The State recognizes all ethnic groups as equal components of the Lao nation. 20. It is obvious to the Special Rapporteur that many groups in the country fulfil the criteria for being considered as ethnic minorities or Indigenous Peoples, including strong connections with communal lands, forests and rivers. Those groups need specific attention, as they often find themselves in a marginalized position. Despite the non-discrimination discourse put forward by the authorities, the Special Rapporteur heard many interlocutors describing the prejudice against highland communities. Indeed, in conversations between the Special Rapporteur and the authorities, such communities were often described, sometimes 3 4 4 General recommendation No. 32 (2009), para. 8. Ibid., para. 11. GE.26-01463