A/79/169
agencies, funds and programmes, intergovernmental organizations, regional
organizations and entities in the field of human rights, national human rights
institutions and other relevant national bodies, minorities and non -governmental
organizations, as well as academics and experts on minority issues.
10. The sixteenth session of the Forum was aligned with the Sustainable
Development Goals and was intended to work towards a future with no poverty and
reduced inequality, and in which peace, justice and strong institutions prevail within
cohesive societies. 2 The session was aimed at tackling the multiple challenges faced
by minority communities worldwide, with a focus on strengthening their
socioeconomic participation and ensuring equality and social inclusion. In March
2024, the recommendations of the Special Rapporteur (A/HRC/55/70) were presented
to Human Rights Council at its fifty-fifth session.
III. Reasons for examining State institutional arrangements
with respect to minority issues
11. There is no norm of general international law that defines minority rights, and
as the International Court of Justice stated in 1975, “no rule of international law, in
the view of the Court, requires the structure of a State to follow any particular pattern,
as is evident from the diversity of the forms of State found in the world today ”. 3 In
this context, States Members of the United Nations agree to take into account the
rights of persons belonging to national or ethnic, religious and linguistic minorities
as stipulated in the Declaration on the Rights of Persons belonging to National or
Ethnic, Religious and Linguistic Minorities (General Assembly resolution 47/135,
annex), adopted by consensus by the Assembly on 18 December 1992, when dealing
with minority issues at the national level. As the Special Rapporteur describes in the
present report, based on contributions received following a call for inputs and
non-exhaustive but extensive research, many of these minority issues are societal
issues involving structural components of national societies. The fate of minorities
will therefore largely benefit or suffer from institutional arrangements at the national
level, since it is at this level that the rights of persons belonging to minorities need to
be materialized. Furthermore, it is stipulated in the Declaration that “persons
belonging to minorities have the right to participate effectively in decisions on the
national and, where appropriate, regional level concerning the minority to which they
belong or the regions in which they live, in a manner not incompatible with national
legislation”. The present report serves to examine how this requirement is fulfilled in
2024 and to propose guidelines for improving institutional arrangements promoting
minorities’ effective participation in diverse and inclusive societies.
12. As regards international law, even specific provisions on minority rights found
in multilateral treaties do not define the precise content of these rights. For instance,
article 27 of the International Covenant on Civil and Political Rights reads: “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 re ligion,
or to use their own language.” Article 30 of the Convention on the Rights of the Child
is similarly phrased. 4 The “non-denial” of rights obviously does not constitute a
__________________
2
3
4
24-13136
See www.ohchr.org/en/events/forums/2023/sixteenth-session-forum-minority-issues.
Western Sahara, Advisory Opinion, I.C.J. Reports 1975 , p. 12, at para. 94.
“In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin
exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in
community with other members of his or her group, to enj oy his or her own culture, to profess
and practise his or her own religion, or to use his or her own language.”
5/20