E/CN.4/2006/74
page 8
18.
The resolution also “requests the independent expert to submit annual reports on his/her
activities to the Commission, including recommendations for effective strategies for the better
implementation of the rights of persons belonging to minorities” and “requests the High
Commissioner to provide all the necessary resources, from within existing budgetary resources,
for the effective fulfilment of the mandate of the independent expert”.
Scope of the mandate
19.
The independent expert looks to the Declaration on the Rights of Minorities to inform the
scope of her mandate. The commentary to the Declaration on the Rights of Minorities, adopted
by the Working Group on Minorities at its tenth session (see E/CN.4/Sub.2/AC.5/2005/2),
provides a useful tool for interpreting the provisions of the Declaration and its application. The
independent expert will also rely on article 27 of the International Covenant on Civil and
Political Rights and article 30 of the Convention on the Rights of the Child, which specifically
relate to minority rights.
20.
It is also important to recognize that the rights guaranteed in all other leading
human rights conventions apply equally to members of minority groups. For example, the
principle of non-discrimination in the enjoyment of human rights is expressed in the Charter of
the United Nations and provided by customary international law as well as stipulated in the
International Convention on the Elimination of All Forms of Racial Discrimination, the
International Covenant on Civil and Political Rights, the International Convention on Economic,
Social, and Cultural Rights, the Convention on the Rights of the Child, the Convention on the
Elimination of All Forms of Discrimination against Women and the Universal Declaration of
Human Rights. Also of particular importance to minorities is the principle of participation,
without discrimination, in the public sphere, as guaranteed by both the International Covenant on
Civil and Political Rights and the International Convention on the Elimination of All Forms of
Racial Discrimination.
21.
The independent expert will refer to, and take guidance from, other existing regional
human rights instruments, as appropriate. Regional standards, including the African Charter
on Human and Peoples’ Rights, the European Convention on Human Rights and the
Inter-American Convention on Human Rights, as well as the jurisprudence developed under
these instruments, will provide valuable regional perspectives on the treatment of minority
issues. Standards relating specifically to minority rights and non-discrimination, including the
Council of Europe’s Framework Convention for the Protection of National Minorities (FCNM)
and the Copenhagen Document of the Organization for Security and Cooperation in Europe,
provide further valuable understanding and perspectives on minority issues.
22.
The independent expert identifies four broad areas of concern relating to minorities
around the world, based on the Declaration on the Rights of Minorities and other relevant
international standards relating to minority rights:
(a)
Protecting a minority’s existence, including through protection of their physical
integrity and the prevention of genocide;