A/79/169
education and religion, which can significantly support or impair the capacity of
persons belonging to a minority to promote their identity. Thus, a degree of territorial
and/or sectoral autonomy 16 (self-rule) in these fields is required under article 1 of the
Declaration. The vectors through which this identity may be promoted can either be
private (such as cultural associations and private schools) or public. In the latter case,
some institutional level – whether territorially or sectorally based – shall exist in the
State structure for the realization of policies facilitating the promotion of the identity
of minorities.
B.
Effective participation in the adoption of specific non-discriminatory
normative frameworks
17. With regard to the requirement of non-discrimination, it must be underlined at
the outset that it needs to go beyond the prohibition of discrimination on grounds by
which minorities are defined 17 (such as national or ethnic origins, belonging to a
religious community or using a minority language), as stated in human rights
instruments, 18 and must include the adoption of specific provisions or policies in
order for minority rights to be effectively recognized and implemented. For all rights
to be realized through national measures, it is requested in the Declaration that
persons belonging to minorities be given the right to participate effectively in the
decision-making process. Obviously, institutional arrangements will have a clear
impact on the effectiveness of such participation.
C.
Inclusion of minorities in decision-making processes for the benefit
of society as a whole
18. Implementing the third objective implies that effective participation should not
be limited to attributing, recognizing or guaranteeing specific additional rights for
persons belonging to minorities but should also be conceived as a way for persons
belonging to minority groups to contribute, through their effective participation in
decision-making processes, to the shaping of society as a whole. Such participation
is expected to promote the adoption of policies and legislative frameworks that reflect
the diverse and inclusive dimensions of society. As stated by the independent expert
on minority issues, Gay McDougall: “Effective participation should give minorities a
stake in society.” 19 The Declaration is even more specific in its fifth preambular
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18
19
8/20
In para. 136 of its thematic commentary No. 2 entitled “The effective participation of persons
belonging to national minorities in cultural, social and economic life and public affairs”, adopted
on 27 February 2008, the Advisory Committee on the Framework Convention for the Protection
of National Minorities noted that, “where State Parties provide for cultural autonomy
arrangements, the corresponding constitutional and legislative provisions should clearly specify
the nature and scope of the autonomy system and the competencies of the autonomous bodies. In
addition, their legal status, the relations between them and other relevant State institutions as
well as the funding of the envisaged autonomy system, should be clarified in the respective
legislation. It is important that persons belonging to national minorities be involved and that
their views be duly taken into account when legislation on autonomy arrangements is being
prepared or amended”. See
https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?document
Id=09000016800bc7e8.
For an explanation of the specific requirements of the non -discriminatory treatment of persons
belonging to minorities, see A/HRC/55/51, paras. 28 to 32.
For example, Universal Declaration of Human Rights, art. 2; International Covenant on Civil and
Political Rights, art. 2, para. 1, and art. 26; and International Covenant on Economic, Social and
Cultural Rights, art. 2, para. 2.
A/HRC/13/23, para. 29.
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