A/HRC/55/44/Add.1 Government maintains that the status of national minority and related protection cannot be extended to other groups, including migrants and their descendants. 59. The Special Rapporteur shares the view of the Advisory Committee on the Framework Convention for the Protection of National Minorities that long-established migrants in Germany to a large extent meet the criteria set for national minorities and should be given the same opportunities to maintain, practise and transmit their language and cultural expressions. 13 The Human Rights Committee has long established the principles that the existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by that State party but should be established by objective criteria and that minority definitions cannot be limited to citizens or to permanent residents. 14 The existence of a minority group, which has in common a culture, a religion or a language, is a matter of fact, not of law, official policy or decision. The Working Group on Minorities has stated that the Declaration benefits from a scope as wide as that of article 27 of the International Covenant on Civil and Political Rights and its application extends to minorities, regardless of citizenship. The distinction made by the Government is therefore not fully in line with the international instruments and jurisprudence, and may be an impediment to the respect of cultural rights for all. The recognition of migrants as members of minorities would strengthen, among other things, their right to effective participation and the need for positive measures to protect their cultural rights. 60. Furthermore, the Special Rapporteur believes that there should be a clearer distinction between citizenship and identity. Multiple identities and affiliations need to be recognized and nurtured as part of the reality in Germany. For some long-term residents and second- or third-generation migrants, not being recognized both for their origins and as Germans makes them feel excluded and impedes them from feeling “seen” and acting as partners in shaping society. The Special Rapporteur therefore welcomes the discussions regarding accepting dual or multiple citizenships in the review of the Nationality Act. D. Embracing diversity 61. In addition to people with migration backgrounds, the population of Germany has a great diversity that can be expressed freely and witnessed daily in various areas. Government authorities recognize that the diversity of Germany is still underrepresented in public institutions and in the media, but the situation is improving. Only certain states have adopted gender-sensitive teaching materials, including those that promote diversity and the protection of all minority groups, and recruitment of teachers could also benefit from more diversity. Knowledge of and respect for cultural diversity and different ways of life should be introduced in schools, and more continual training on diversity should be provided for employees of public administrations. 62. The Special Rapporteur would welcome comprehensive programmes that would run at all levels to ensure that marginalized sections of the population, their art and their views and visions are represented in the media and in the cultural sector of Germany, including major national arts institutions. The inclusion of a diversity champion in such institutions may be a good first step but cultural diversity must be mainstreamed across the sector. Further reflection is required on the potential benefit of diversity training sessions for all and, possibly, of anonymous employment procedures. 63. The Special Rapporteur was told that negative stereotypes and even feelings of shame continue to be transmitted, mainly regarding those who grew up in eastern Germany. Visibility, respect and infusion of the values, practices and traditions of eastern Germany are essential if the social divide resulting from the division of Germany between its eastern and western parts is to be breached. Without denying the democratic deficit of the former system in the German Democratic Republic, social cohesion in Germany today can only be achieved, 13 14 GE.24-01816 Advisory Committee on the Framework Convention for the Protection of National Minorities “Fifth opinion on Germany”, document ACFC/OP/V(2021)6. Human Rights Committee, general comment No. 23 (1994), paras. 5.1 and 5.2. See also A/74/160, para. 59. 13