A/79/169
authorities in a State be based on a subsidiarity logic rather than conceived as
derogatory regimes from common rules for the sole benefit of persons belonging
to minorities. This means that only issues requiring a common solution at the
national level should be matters of common regulation. As treating persons in
different situations in a similar way is the main form of discrimination against
minorities,62 the Special Rapporteur insists that other matters should be regulated
in different ways, according to the preferences and needs of the different groups
of population, thereby facilitating genuine non-discrimination.
43. The Special Rapporteur recalls that such an institutional design needs to
include dispute resolution mechanisms, either allowing judges to decide on
normative conflicts on a case-by-case basis or instituting a conciliatory body in
charge of arbitrating conflicting claims.
44. Finally, the Special Rapporteur strongly emphasizes that minority-suitable
institutional design needs to be prioritized in peacebuilding contexts. He recalls
that peacebuilding processes are both a time for major institutional changes and
an opportunity to alleviate potential tensions between different groups co-existing
within a single but diverse, peaceful, stable and inclusive society. The Special
Rapporteur therefore calls upon States and international organizations, starting
with the United Nations, to give appropriate and important priority to such
institutional considerations in peacebuilding processes.
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A/HRC/55/51, paras. 26 to 32.
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