A/HRC/FMI/2012/2
to the promotion and protection of the rights of persons belonging to minorities, including
at the regional level.
6.
The Forum offers a unique opportunity for engagement and dialogue with a wide
range of stakeholders, including States Members of the United Nations, bodies and
specialized agencies of the Organization, intergovernmental and regional organizations, and
minority representatives and civil society on minority issues, and represents an opportunity
for them to exchange experiences.
III. Aims and objectives of the fifth session of the Forum on
Minority Issues
7.
The fifth session of the Forum will focus on the experiences of diverse stakeholders
who have used the Declaration in the course of their work at the national, regional and
international levels. Participants, including minorities themselves, will highlight their
experiences and demonstrate how they have used the Declaration in practice, as well as
provide their perspectives on what more needs to be done to implement the Declaration
nationally.
8.
A set of recommendations will be presented to the twenty-second session of the
Human Rights Council.
IV. Legal framework
9.
The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities was adopted by consensus in 1992 and establishes in broad terms
the rights of minorities and the obligations upon States. Such obligations upon States to
implement the Declaration and protect and promote minority rights thereunder require
positive measures to be taken in the areas of legislation, policy and programming.
10.
Article 1, paragraph 1, requires that “States shall protect the existence and the
national or ethnic, cultural, religious and linguistic identity of minorities within their
respective territories and shall encourage conditions for the promotion of that identity”.
Article 1, paragraph 2, requires that “States shall adopt appropriate legislative and other
measures to achieve those ends”. Article 4, paragraph 1, of the Declaration requires that
“States shall take measures where required to ensure that persons belonging to minorities
may exercise fully and effectively all their human rights and fundamental freedoms without
any discrimination and in full equality before the law”. Furthermore article 4, paragraph 2,
calls upon them to “take measures to create favourable conditions to enable persons
belonging to minorities to express their characteristics and to develop their culture,
language, religion, traditions and customs, except where specific practices are in violation
of national law and contrary to international standards”. Article 5 of the Declaration
establishes that “national policies and programmes shall be planned and implemented with
due regard for the legitimate interests of persons belonging to minorities”.
V. Participants and issues for consideration
11.
The Forum will focus on practices relative to implementing the Declaration. The
experiences and perspectives of various stakeholders will therefore be sought, including the
following.
3