A/65/287
expense of others. That outcome both rewards the use of violence and violates the
rights of those not associated with armed movements.
47. A prime example is the constitutional arrangement derived from the General
Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes
thereto (Dayton Peace Agreement) (A/50/790). According to the Constitution of
Bosnia and Herzegovina, membership in the House of Peoples and the Presidency
are reserved solely to those who identify as belonging to one of the “constituent
peoples”. That provision has been found by the European Court of Human Rights to
violate international legal protections against discrimination on racial or ethnic
grounds, and specifically the rights of persons belonging to ethnic groups other than
the Bosniacs, Serbs or Croats. 16 Sustainable peace is highly dependent on the
participation of all population groups in peace negotiations and resulting State
institutional arrangements.
B.
Protection of cultural identity
48. At the core of minority rights are the protection and preservation of culturally
distinctive identities within societies. The denigration or suppression of the defining
identity of a person or group can be a powerful factor in generating conflict.
Repressive measures to control or restrict religious or traditional practices or force
assimilation can galvanize opposition and bridge other divides that may exist within
the targeted communities, thereby creating a common platform around which they
can rally. Language, in particular, is a potent vehicle of culture. The imposition on
minority communities of a majority language, either through teaching in public
schools or formal prohibitions on the use of minority languages, has been a spark
that has ignited many violent clashes in every region of the world.
49. The Declaration, in articles 4 (2) and 4 (3), establishes positive obligations
requiring that States take measures to create favourable conditions to enable persons
belonging to minorities to express their characteristics and develop their culture,
language, religion, traditions and customs, except where specific practices are in
violation of national law and contrary to international standards. It also requires that
States take appropriate measures so that, wherever possible, persons belonging to
minorities may have adequate opportunities to learn their mother tongue or have
instruction in their mother tongue. In terms of good practice, the Constitution of
South Africa provides a good example of how recognition of the diversity of
identities in the country, and in particular language rights, has contributed to
cohesion and a relatively peaceful transition to democracy. 17
50. Central to the identity of communities are their historical narratives. Inclusion
in the national narrative was a central demand of members of minorities in every
country the independent expert visited. Inclusion, in that respect, can be achieved
through recognition in national policy statements, history textbooks for schools,
museums that celebrate the varied cultures of a country and the contributions of all
groups to the national identity, and national days of celebration, to name only a few
__________________
16
17
12
See Sejdić and Finci vs. Bosnia and Herzegovina, Judgment of the Grand Chamber of the
European Court of Human Rights, 22 December 2009 (Nos. 27996/06 and 34836/06).
The affirmation of diversity is in the Preamble; recognition of 11 official languages is in article 6,
including provisions to set up mechanisms to promote those languages. Available from
http://www.info.gov.za/documents/constitution/1996.
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