A/78/306
1.
Applying norms and standards to better protect minority rights under
the Declaration
20. In May 2022, OHCHR organized a virtual round table on strengthening
protection of minority rights under the Declaration. The round ta ble also looked
towards the future and examined the gaps in normative standards protecting
minorities. The event brought together 29 experts (16 women, 13 men) and
contributed to the examination by the Special Rapporteur on minority issues of the
issue, leading to a call by the Special Rapporteur for a stronger United Nations
normative measure to improve the recognition and protection of the human rights of
minorities in the light of the deteriorating human rights situation for many minorities
around the world (see A/HRC/52/27).
21. In June 2022, OHCHR, in partnership with the International Dalit Solidarity
Network, organized a virtual round-table conversation with 22 experts. With the
theme “Leave no-one behind: addressing business-related discrimination and
exclusion from participation of minorities belonging to descent -based communities”,
the conversation focused on implementation gaps with regard to the business and
human rights agenda in relation to descent-based minorities. Participants discussed
the United Nations Guiding Principles on Business and Human Rights and concluded
that business behaviours needed to incorporate broader participation, including of
those most at risk of being left behind.
22. Following the round table, the Special Rapporteur on contemporary forms of
slavery, including its causes and consequences, who participated as a panellist,
observed in his thematic report to the General Assembly (A/77/163) that there were a
number of drivers that promoted informality, such as poverty, discrimination and high
costs and financial exclusion. He also observed that ethnic, religious and linguistic
minorities were disproportionately represented in the i nformal economy. He
recommended, among other things, that States ensure that informal businesses and
employers comply with the Guiding Principles on Business and Human Rights
through awareness-raising, training and regular monitoring of their business
operations.
23. In September 2022, a new introductory note concerning the Declaration was
published in the United Nations Audiovisual Library of International Law. 4 The
Declaration, in the three decades since its adoption, has been referred to in more than
500 documents related to the work of the United Nations, including United Nations
reports, resolutions and summary records; letters from Member States and statemen ts
by civil society organizations. In the Vienna Declaration and Programme of Action,
adopted at the World Conference on Human Rights held in Vienna in 1993, the
obligation of States to ensure that persons belonging to minorities may exercise fully
and effectively all human rights and fundamental freedoms without any
discrimination and in full equality before the law in accordance with the Declaration
was reaffirmed. There were, however, some significant omissions in the Declaration
itself, such as the absence of a specific reference to hate speech, that had been
remedied through subsequent soft law instruments.
24. The introductory note also mentioned that the Rabat Plan of Action on the
prohibition of advocacy of national, racial or religious hatred that c onstitutes
incitement to discrimination, hostility or violence highlighted that minorities and
other vulnerable groups constituted the majority of victims of incitement to hatred,
and members of minorities were also persecuted through the abuse of vague do mestic
legislation, jurisprudence and policies (A/HRC/22/17/Add.4, appendix, para. 11).
__________________
4
6/17
Heiner Bielefeldt and Michael Wiener, “Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities”, introductory note, December 1992.
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