A/HRC/16/46
I. Introduction
1.
Given the pivotal nature of economic rights to the full inclusion of minority
communities, at its third session, the Forum on Minority Issues focused on the topic of
minorities and effective participation in economic life. The Chairperson of the Forum was
Professor Gita Sen. The work of the Forum was guided by the independent expert on
minority issues, Gay McDougall. The participants, of whom there were more than 500,
included representatives of Governments, treaty bodies, United Nations specialized
agencies, regional intergovernmental bodies and civil society. Importantly, the participants
included representatives of minority communities from all regions of the world.
2.
In accordance with Human Rights Council resolutions 6/15 and also with reference
to resolution 13/12 (para. 3), the Forum made thematic recommendations that seek to be
action-oriented and of practical value to all stakeholders, to enable them to make informed
choices when designing legislation and policies aimed at combating the economic
exclusion of minority communities.
3.
The recommendations are based on international human rights norms. In addition to
the Declaration on the Rights of Minorities and the clarifications provided in the
commentary thereto, the recommendations draw upon other relevant international human
rights standards, including the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination and the
jurisprudence and general comments of the Human Rights Committee, the Committee on
Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination
against Women and the International Labour Organization (ILO). 1
4.
The range of issues included in the recommendations is not exhaustive. They should
be interpreted in a generous spirit in cooperation with the communities and with a view to
the effective application of human rights instruments and standards in practice, so that they
can make a real difference in the lives of persons belonging to minorities.
II. General considerations
5.
Economic exclusion is a cause, a manifestation and a consequence of discrimination
against persons belonging to minorities. Many minorities have historically been excluded
from full and effective participation in economic life, both in the developed and in the
developing world. Minorities are often discriminated against when they seek employment,
on the basis of their colour, ethnicity, race, religion, language or name, even when there is
legislation that bans discrimination in both public and private sectors. Some face long-
1
See, for example, Human Rights Committee general comment No. 23 (1994) on the rights of
minorities; Committee on the Elimination of Racial Discrimination general recommendations No. 27
(2000) on discrimination against Roma, No. 29 on article 1, paragraph 1 (descent), and No. 32 (2009)
on the meaning and scope of special measures in the International Convention on the Elimination of
Racial Discrimination; Committee on the Elimination of Discrimination against Women general
recommendation No. 26 on women migrant workers (2008); and Committee on Economic, Social and
Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and
cultural rights. The Committee on the Elimination of Racial Discrimination has established an early
warning and early action procedure to address serious violations of the Convention in an urgent
manner. See also the supervisory work of the ILO Committee of Experts on the Application of
Conventions and Recommendations and the ILO global reports on discrimination under the
Declaration on Fundamental Principles and Rights at Work (1998).
3