Minority rights focus in the United Nations 37
There may be many different motivations for visiting a particular country. These include the
mandate holder having received information raising concern over the situation of minority groups
there. Equally, the Independent Expert may seek to visit a country where a constructive political
environment exists in which the Government demonstrates a willingness to protect and promote
the rights of minorities. This offers the possibility of studying both challenges and positive practices
in relation to minority issues which the Independent Expert may wish to share with other States.
The Independent Expert has a global mandate that commits him or her to conduct visits to
all regions. By the end of her mandate in July 2011, the first Independent Expert had visited
Hungary, Ethiopia, France, the Dominican Republic, Guyana, Greece, Kazakhstan, Canada,
Colombia, Viet Nam, Rwanda and Bulgaria.
NGOs play a vital role in country visits and are consulted by the Independent Expert during
planning, the visit itself and preparation of the report and recommendations. Indeed, NGOs can
play a valuable role in encouraging States to accept a visit request from the Independent Expert
or another mandate. NGOs are an important source of information relating to the situation of
minorities and minority issues, and the Independent Expert meets with them during the course of
country visits. NGOs often assist with facilitating visits to and consulting with minority communities.
NGOs frequently use the reports and recommendations of the Independent Expert to assist them
in their domestic and international advocacy work on behalf of minority communities, and their
work is essential in following up on the Expert’s activities.
Communications
The Independent Expert welcomes information, including allegations of violation(s) of the human
rights of minorities and on minority issues, from a variety of sources, including NGOs, minority
organizations, intergovernmental organizations and other United Nations bodies concerned
with the protection of human rights. The Independent Expert analyses information received and
decides whether or not to take action, and the nature of that action. Letters of allegation and
urgent appeals to specific States are frequently inspired by information received by NGOs and
minority communities themselves.
In most instances, the mandate of the Independent Expert focuses communications on situations
affecting wider minority communities and which have an impact on numerous members of minority
groups, rather than addressing individual cases. For example, communications have been sent
which concern the planned or imminent eviction of a minority community from their homes or
land, and the alleged detention or ill-treatment of numerous members of a minority due to their
legitimate human rights activities on behalf of their community. However, all information received
is treated on its merits and the Expert will consider action on cases concerning individuals
belonging to minority communities who have faced violation of their rights as a result of their
minority identity. Communications commonly reflect the four broad areas of concern identified
above; they may also be related to the thematic work undertaken by the mandate. In addition,
the Independent Expert often issues joint communications with other mandate holders where
appropriate.
The role of the Independent Expert in identifying “best” or “successful” practices and opportunities
for technical cooperation by OHCHR requires a form of engagement with States that differs from
the monitoring and reporting function of some other mandates. Hence, the Independent Expert
may request information from a State about its legislation, policy and practice in relation to a
particular minority issue. The Independent Expert also values information from NGOs which
identifies positive practices by States and other actors in regard to minority issues.