The WGM has a very specific mandate: it was established to examine ways and means to promote and protect
the rights of persons belonging to minorities as set out in
the 1992 Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities
(UNDM). Its three main tasks are: (1) to review the promotion and practical realization of the UNDM; (2) to
examine possible solutions to problems involving minorities, including the promotion of mutual understanding
between and among minorities and governments; and (3)
to recommend additional measures for the promotion and
protection of minority rights. In undertaking these tasks,
the WGM invites information from NGOs and academics on the situation in specific countries with respect
to the implementation of the UNDM, and tries to promote dialogue on these issues between representatives of
minorities and governments. It also takes a thematic
approach. Themes addressed by the WGM have included:
conflict prevention, development, identity, intercultural
and multicultural education, issues of autonomy and integration, language rights, participation, recognition of
minorities, and the situation of non-citizens. Additional
measures recommended under the third task include,
establishing a voluntary fund for minorities,41 holding an
International Year and/or Decade and appointing a Special Representative on Minorities.
Another objective of the WGM is to act as a forum
for advancing understanding of international minority
rights, and to produce texts or guidelines that clarify specific aspects of those rights. One example is the Commentary on the UNDM produced by the first WGM chair,
Asbjørn Eide,42 following a process of consultations with
NGOs, academics and government delegates. This Commentary aims to provide guidance on the meaning, scope
and application of the provisions of the Declaration. In
addition, there is an initiative to support the preparation
of statements of principles on minority rights at a subregional level, and to advance cooperation between different actors at sub-regional and regional levels. At the 2004
session, the WGM announced its intention to start
preparing General Comments on specific issues and
themes including: education, effective participation,
exclusion, land deprivation, protection from forced assimilation, and protection of places of worship and sacred
places.
NGO participation
The openness of the WGM to NGOs means that NGOs
can use the WGM to raise issues that might otherwise not
get discussed internationally. An oral intervention provides the opportunity to present your concerns and recommendations to the WGM, government and other
observers present. (See Annex 6.4 on writing an interven32
tion.) The chair may comment on the contents of NGO
interventions, and the representative of your government
may make a reply either immediately or later in the meeting after they have had time to consider your statement.
The WGM is unusual because NGOs can often reply to
government statements, which does not happen at other
UN forums. This can allow for real dialogue within the
forum. Members of the WGM have also played an active
role in encouraging this dialogue by seeking clarifications,
concrete proposals and responses from speakers. However,
one of the weaknesses of the WGM is the lack of partici-
Case study: Multicultural Coalition of Botswana
and the WGM
A representative of the Multicultural Coalition of Botswana
attended the WGM in 2004. Before the session, she contacted
the Botswana diplomatic mission in Geneva and arranged a
meeting to discuss her intervention. At the meeting she gave
the Botswana ambassador a copy of her intervention, which
they discussed and he provided some input. On the first day
of the WGM, she made her intervention concerning the nonrecognition of non-Tswana-speaking tribes and the discrimination against linguistic minorities in Botswana. She highlighted
a case where the Wayeyi tribe had won but the government
had not implemented the court decision, and made recommendations to the Botswana government and the WGM. The
ambassador had come to the WGM with a prepared reply. He
gave her a copy a few minutes before he made his statement.
In it he emphasized the richness of diversity in Botswana and
stressed that the Constitution prohibited discrimination. At the
same time, he said that national unity was the most important
principle and that no one tribe was greater than the nation. He
also said that domestic remedies should be exhausted before
an issue is raised internationally. The WGM chair disagreed
with the last point and noted that the exhaustion of domestic
remedies only applies to individual complaints to treaty bodies. The representative of the Multicultural Coalition of
Botswana immediately asked to speak again and replied to the
ambassador saying that national unity is not synonymous with
uniformity; promotion of only one language and culture has
resulted in Tswana supremacy and division within the nation.
She noted that the ambassador had said minorities could
obtain redress through the courts and pointed out that three
years had passed since the Wayeyi case, yet there had been
no changes.
Even though the ambassador did not promise to carry out
the action requested by the NGO, the representative felt that
his attendance, his response at the WGM and the dialogue initiated, were positive steps. On her return to Botswana, the
representative’s intervention and response to the ambassador
were published by newspapers, further contributing to the
overall campaign.
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS