A/HRC/34/53
C.
Major challenges identified
57.
In the following paragraphs, the Special Rapporteur highlights issues that have
consistently emerged during the course of her work, including country visits, which she
considers as requiring greater attention by Governments, the international community and
minority groups.
1.
Major barriers to the effective promotion and protection of minority rights
58.
The Special Rapporteur wishes to state at the outset that she is of the view that the
progress achieved in the last decades in the field of minority rights protection is under
threat, and that there is a serious risk that guarantees that have been put in place could be
reversed. In recent years, protracted and recent conflicts of various kinds around the globe
have led to an unprecedented number of internally displaced persons, migrants and
refugees, many of whom belong to minority groups. Increasing hate speech, xenophobic
rhetoric and incitement to hatred against minorities have been coupled with the rise of farright and extremist political parties that are using minorities as scapegoats to divert
domestic attention from entrenched and structural problems. Developments in the field of
counter-terrorism legislation, discrimination and lack of representation of minorities in
governmental structures and within the administration of justice globally have resulted in
minorities being increasingly targeted. Widespread attacks against minority individuals and
communities, perpetrated with total impunity in different regions, demonstrate the
continuing vulnerability faced by minorities around the globe.
59.
The Special Rapporteur is alarmed at the rise of populism, which hampers efforts to
include minorities in the national psyche in their respective countries. She is concerned that
even the very notion of democracy is being challenged and that there are views that are
widely shared, especially on social media, that a democratically elected political leadership
has the power to take any decision freely, without, and even against, minorities because
minorities — usually being inferior in number — are subject to the will of the majority. The
Special Rapporteur stresses that democracy requires good and inclusive governance under
which legal, administrative and territorial arrangements are made to allow peaceful and
constructive group accommodation on the basis of equality in dignity and rights for all and
that allows for the pluralism necessary to enable persons belonging to different groups to
preserve and develop their identity (see E/CN.4/Sub.2/AC.5/2005/2, Commentary, para.
13).
60.
The Special Rapporteur is concerned that in some regions and in several countries,
minority rights protection is not seen to be important, or even relevant, owing to deliberate
denial or lack of understanding of its legitimacy. There is a need for stronger awarenessraising on what the entire minority rights protection regime entails, that it also includes
wide-ranging issues around religious and linguistic identity, and that the effective
promotion and protection of the rights of minorities contribute to the political and social
stability of States and, therefore, are always timely and important. It is essential to
understand that majority-minority relations should be assessed not only from a national
perspective but also specifically in the context of smaller territorial and local levels, where
the dynamics and dimensions of identity, ethnicity, religion, language and access to power
and resources are frequently more important and play a greater role in the daily lives of
individuals and communities. The notions of “majority” and “minority” may be
interchangeable and depend on the particular context, as a group that constitutes a dominant
majority nationally or regionally may be numerically inferior and non-dominant in another
region. Therefore, minority rights standards must also be applied to those groups
constituting de facto minorities in the localities where they live.
12