A/HRC/16/29
heritage. The term minority as used in the United Nations human rights system refers to
national or ethnic, religious and linguistic minorities, as laid out in the United Nations
Minorities Declaration.
36.
Action for the protection of minorities should focus primarily on the protection of
the physical existence of persons belonging to minorities which includes, inter alia, their
protection from genocide and crimes against humanity. In situations of conflict, the
physical integrity of persons belonging to minority groups is of course at greatest risk and
attention should be paid to ensuring that minorities, including those displaced internally
within their own country or externally as refugees, have access to humanitarian aid and
relief including food, shelter and health care. Protection of existence also requires, for
example, the protection of cultural or religious monuments which are important expressions
of a minority’s culture and existence. Non-assimilation requires that diversity and plural
identities are not only tolerated but protected and respected. Minority rights are about
ensuring respect for distinctive identities while ensuring that any differential treatment
towards groups or persons belonging to groups does not mask discriminatory practices and
policies.
37.
The principle of non-discrimination prohibits any distinction, exclusion, restriction
or preference having the purpose or effect of impairing or nullifying the recognition,
enjoyment or exercise by all persons, on an equal footing of all rights and freedoms. There
is no requirement to demonstrate discriminatory intent and the principle concerns
discrimination in legislation and policies as well as their implementation. International
human rights law prohibits both direct and indirect discrimination.
38.
The participation in public affairs and in all aspects of the political, economic, social
and cultural life of the country where minorities live is in fact essential to the preservation
of the minority’s identity and to combating social exclusion. Mechanisms are required to
ensure that the diversity of society in regard to minority groups is reflected in public
institutions and bodies including national parliaments, the civil service, police and
judiciary, and that persons belonging to minorities are adequately represented, consulted
and have a voice in decisions which affect them, or the territories and regions in which they
live. Participation must be meaningful and not symbolic and the participation of minority
women is of particular concern.
39.
Part II relates to international human rights instruments for the protection of
minorities and in particular the United Nations Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities.
40.
Part II outlines the existing mechanisms for the protection of the rights of persons
belonging to minorities: The United Nations independent expert on minority issues; The
United Nations human rights treaty bodies and in particular the Committee on the
Elimination of Racial Discrimination and its early warning mechanism to draw the attention
of its members to situations where racial discrimination has reached alarming levels; the
United Nations Special Adviser on the Prevention of Genocide; the Forum on Minority
Issues; the Universal Periodic Review; the ILO Committee of Experts on the Application of
Conventions and Recommendations, the Committee on the Application of Standards; the
UNESCO Committee on Conventions and Recommendations of the Executive Board for
complaints regarding alleged human rights violations within the fields of competence of
UNESCO.
41.
Finally Part III recommends using innovative approaches to awareness-raising and
provides specific checklists to promote the rights of women and children belonging to
minorities and effective participation by minorities in public life. The first step is to assess
and understand the situation of minorities in a given country, such as finding out what are
the most relevant concerns for minorities in the country, i.e. gaps, the rights to which
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