A/HRC/16/29
continued access to the material resources required to continue their existence on those
territories. Protection of their existence requires respect for and protection of their religious
and cultural heritage, essential to their identity, including buildings and sites such as
libraries, churches, mosques, temples and synagogues.
11.
With regard to article 2, the Commentary makes clear that the Declaration, by
comparison with article 27 of the ICCPR, is more explicit in requiring positive action by
the State for the realization of the rights of minorities to enjoy their culture, profess their
religion or use their language and to participate in public life.
12.
Article 3 specifies that persons belonging to minorities shall not be subjected to
discrimination for exercising, individually or collectively, their minority rights, and that
they shall also not be disadvantaged in any way for choosing not to belong to the minority
concerned. This provision is directed both towards the State and the agencies of the
minority group. The State cannot impose a particular ethnic identity on a given person by
the use of negative sanctions against those who do not want to be part of that group; nor can
persons belonging to minorities subject to any disadvantage persons who on objective
criteria may be held to form part of their group but who subjectively do not want to belong
to it.
13.
Under article 4, the Commentary makes clear that States are generally obliged under
international law to ensure that all members of society may exercise their human rights;
however States must give particular attention to the human rights situation of persons
belonging to minorities because of the special problems they confront, in particular with
regard to discrimination.
14.
The Commentary explains that under article 5, the interests of minorities should be
given reasonable weight by comparison with other legitimate interests that the Government
has to take into consideration. Planning of educational policy, health policy, public nutrition
policy or housing and settlement policies are among the many aspects of social life with
regard to which the interests of minorities should be taken into account. While the
authorities are required to take only “legitimate” interests into account, this is no different
from what is required in relation to majorities: an accountable Government should not
promote “illegitimate interests” of any group, whether majority or minority.
15.
Regarding article 6, the Commentary underlines that the implication of the
cooperation of States on minority issues is to share and exchange knowledge about good
practices, whereby States can learn from each other, and to promote mutual understanding
and trust. It also recalls that in accordance with the Charter of the United Nations, States
should observe the principle of non-intervention in their bilateral relations. They should
abstain from any use of force and also from any encouragement of the use of violence by
parties to group conflicts in other States, and should take all necessary measures to prevent
incursion by any armed group or mercenaries into other States in order to participate in
group conflicts. At the same time, they should, in their bilateral relations, engage in
constructive cooperation to facilitate, on a reciprocal basis, the protection of equality and
promotion of group identities.
16.
The Commentary says with respect to article 7 that States’ cooperation as called for
in this article can be undertaken at the regional and subregional levels, as well as at the
level of the United Nations.
17.
Article 8 indicates that the Declaration is intended to strengthen the implementation
of human rights in regard to persons belonging to minorities, but not to prejudice anyone’s
enjoyment of universal human rights. Consequently, it recalls that the exercise of rights
under the Declaration must not negatively affect the enjoyment of human rights for persons
who do not belong to a minority, nor for persons who belong to the minority.
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