Annex I
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70. A concern similar to that of article 4.4 is expressed in the International Convention on the
Elimination of All Forms of Racial Discrimination (art. 7) and in the Convention on the Rights of
the Child (art. 29).
4.5
States should consider appropriate measures so that persons belonging to
minorities may participate fully in the economic progress and development of
their country.
71. There is often a risk that minorities, owing to their limited number compared to the majority
and for other reasons, may be subjected to exclusion, marginalization or neglect. In the worst
cases, the land and resources of minorities are taken over by the more powerful sectors of society,
with consequent displacement and marginalization of persons belonging to the minorities. In
other cases, persons belonging to minorities are neglected in the economic life of the society.
Article 4.5 requires steps being taken to ensure that this does not happen. It should also prevent
minorities being made into museum pieces by a misguided requirement that they remain at
their traditional level of development while the members of the surrounding society experience
significant improvements in their standard of living.
72. Article 4.5 calls for the integration of everyone in the overall economic development of
society as a whole, while ensuring that this integration takes place in ways which make it possible
for persons belonging to minorities to preserve their own identity. The balancing act required
by these two separate aims can be difficult, but is facilitated by the existence of active and free
associations of minorities which are fully consulted in regard to all development activities which
affect or can affect their minority. Measures taken under article 2 to ensure participation facilitate
this process.
ARTICLE 5
5.1 National policies and programmes shall be planned and implemented with due
regard for the legitimate interests of persons belonging to minorities.
73. The participation of persons belonging to minorities in the economic progress and
development of their country (art. 4.5) can be achieved only if their interests are taken into
account in the planning and implementation of national policies and programmes. Their interests
go beyond purely economic aspects, however. Planning of educational policy, health policy,
public nutrition policy or housing and settlement policies are among the many aspects of social
life in which the interests of the 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. The interests of minorities should be given
“due regard”, which means that they should be given reasonable weight compared with other
legitimate interests that the Government has to take into consideration.
5.2 Programmes of cooperation and assistance among States should be planned and
implemented with due regard for the legitimate interests of persons belonging to
minorities.
74. This provision is of particular interest for development assistance, but relates also to other
economic cooperation among States, including trade and investment agreements. There have
been many instances in the past where such cooperation has neglected or directly violated
the interests of minorities. Development agencies, financial institutions and others involved in
international cooperation have a dual task: firstly, to ensure that legitimate interests of minorities