Annex I
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ILO Convention No. 169, which refers to respect for the social and cultural identity, customs and
traditions and institutions of indigenous peoples, as well as provisions of regional instruments
such as those of the Organization on Security and Cooperation in Europe, including its 1990
Copenhagen Conference on the Human Dimension and its 1991 Geneva Meeting of Experts on
National Minorities. Another recent instrument in the same direction is the European Framework
Convention for the Protection of National Minorities.
28. Minority group identity requires not only tolerance but a positive attitude towards cultural
pluralism on the part of the State and the larger society. Not only acceptance but also respect for
the distinctive characteristics and contribution of minorities to the life of the national society as a
whole are required. Protection of their identity means not only that the State should abstain from
policies which have the purpose or effect of assimilating minorities into the dominant culture,
but also that it should protect them against activities by third parties which have an assimilatory
effect. The language and educational policies of the State concerned are crucial in this regard.
Denying minorities the possibility of learning their own language and of receiving instruction in
their own language, or excluding from their education the transmission of knowledge about their
own culture, history, tradition and language, would be a violation of the obligation to protect
their identity.
29. Promotion of the identity of minorities requires special measures to facilitate the maintenance,
reproduction and further development of their culture. Cultures are not static; minorities should
be given the opportunity to develop their own culture in the context of an ongoing process. That
process should be an interaction between the persons belonging to the minority themselves,
between the minority and the State, and between the minority and the wider national society.
The measures required to achieve this purpose are set out in greater detail in article 4 of the
Declaration.
1.2 States shall adopt appropriate legislative and other measures to achieve those
ends.
30. Article 1.2 requires “appropriate legislative and other measures”. Legislation is needed and
it must be complemented by other measures in order to ensure that article 1 can be effectively
implemented. Both process and content are important here. In terms of process, it is essential
that the State consult the minorities on what would constitute appropriate measures. This follows
also from article 2.3 of the Declaration. Different minorities may have different needs that must
be taken into account. Any differences in policy, however, must be based on objective and
reasonable grounds in order to avoid discrimination.
31. “Other measures” include, but are not limited to, judicial, administrative, promotional and
educational measures.
32. In general terms, the content of the measures which have to be adopted are set out in the
other provisions of the Declaration, particularly articles 2 and 4, which will be discussed below.
One set of measures stems directly from article 1.1: States must adopt laws protecting against
acts or incitement to acts which physically threaten the existence of groups or threaten their
identity. This obligation also follows from the International Convention on the Elimination of All
Forms of Racial Discrimination. Under article 4 of that Convention, States are required to adopt
legislative measures intended to protect groups against hatred and violence on racial or ethnic
grounds. A comparable obligation is contained in article 20 of the International Covenant on
Civil and Political Rights.