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paragraph, in which it is asserted “that the promotion and protection of the rights of
persons belonging to national or ethnic, religious and linguistic minorities contribute
to the political and social stability of States in which they live”. And the foll owing
paragraph further emphasizes “that the constant promotion and realization of the
rights of persons belonging to national or ethnic, religious and linguistic minorities,
as an integral part of the development of society as a whole and within a democra tic
framework based on the rule of law, would contribute to the strengthening of
friendship and cooperation among peoples and States.” Therefore, the recognition of
and respect for national, ethnic, religious and linguistic diversities 20 need to be
considered a factor that is as important for life within and between societies as
biodiversity is considered to be for life in the biological sense. This is why protecting
and promoting diversity, as an essential societal value, is a necessity fo r the existence
of thriving, sustainable, resilient and human-centred societies.
V. Minority issues beyond human rights
19. This societal dimension of minorities’ rights implies a significance that goes
beyond human rights and confers upon them relevance to peace and security issues,
in terms of the “political and social stability of States” 21 (the opposite of which could
result in civil war) as well as international peace (through “the strengthening of
friendship and cooperation among peoples and States”). 22 On the basis of the same
assumption, the independent expert on minority issues devoted her thematic report to
the Human Rights Council at its sixteenth session to the role of minority rights
protection in promoting stability and conflict prevention ( A/HRC/16/45, paras. 24
to 64). 23 In that regard, it may be worth recalling that regimes for the international
protection of minorities existed before the emergence of the universal protection of
human rights 24 and were conceived as much to benefit persons belonging to minorities
as they were to attempt to prevent persons belonging to a minority being used as a
pretext for waging war against a neighbouring State. 25 Thus, even historically, the
protection and promotion of the rights of persons belonging to minorities were
conceived not only for the benefit of those persons but also for the benefit of the
societies in which they live as well as the international community. Therefore, dealing
with minority issues effectively, rather than solely as a human rights requirement, is
also an important part of conflict prevention as well as a central element in successful
and lasting peacebuilding.
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21
22
23
24
25
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These are the four categories of minorities referred to in the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities (General Assembly
resolution 47/135). However, diversity in societies doesn’t have to be limited to these four
categories and needs to be considered as an added value as such, therefore potentially covering
other categories in which diversity is relevant.
General Assembly resolution 47/135, annex, preambular para. 5.
Ibid., preambular para. 6.
See also Organization for Security and Cooperation in Europe, Lund Recommendations on the
Effective Participation of National Minorities in Public Life (The Hague, 1999), the first general
principle of which begins: “Effective participation of national minorities in public life is an
essential component of a peaceful and democratic society.”
See Peter Hilpold, “The League of Nations and the protection of minorities – Rediscovering a
great experiment”, in Max Planck Yearbook of United Nations Law Online, vol. 17, Erika de Wet
and Kathrin Maria Scherr (eds.) (Brill, 2013).
See Joseph S. Roucek, “The Problem of Minorities and the League of Nations”, in Journal of
Comparative Legislation and International Law, vol. 15, No. 1 (Cambridge University Press, 1933);
for a more critical perspective on the efficiency of this regime, see also Baron Heyking, “The
International Protection of Minorities. The Achilles’ Heel of the League of Nations” in
Transactions of the Grotius Society, vol. 13 (Cambridge University Press, 1927).
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