Minority rights focus in the United Nations 47 The treaty bodies monitor a State’s implementation of its treaty obligations in two main ways. The first is by considering reports submitted periodically by a State on its implementation of the relevant treaty. States parties are legally obliged to submit these reports, which inform the treaty body about actions a State has taken to fulfil its treaty obligations, both through legislation and by other means. This reporting requirement applies to all treaty bodies except the Subcommittee on Prevention of Torture established by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. They also monitor treaty compliance by considering complaints, generally called “communications”, made by individuals that their rights under a particular treaty have been violated (see fig. IV above). Some treaty bodies have additional powers and may, on their own initiative, initiate inquiries if they have received reliable information containing well-founded indications of serious or systematic violations of the relevant convention on the territory of a State party. In addition, many of the treaty bodies adopt general comments or general recommendations which interpret or elaborate treaty provisions. Several of the treaty bodies also schedule thematic discussions during their sessions, which may contribute to the formulation and adoption of these. A compilation of all treaty bodies’ general comments or recommendations is prepared and issued at regular intervals. The rights protected This section summarizes some of the articles in selected treaties which may be of particular relevance to minorities. It is important to note that each international human rights treaty applies to persons belonging to minorities via the non-discrimination clause included in the treaty. However, it is also important to remember that minorities are entitled to all of the rights accorded to those who live within the jurisdiction of the State. NGOs and others should use the mechanisms outlined in this chapter whenever they consider that a State could better guarantee human rights, whether the problems identified are specific to minorities or apply more generally. Further guidance on how NGOs may provide information to particular treaty bodies is given at the end of this chapter. International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights, which entered into force in 1976, protects a wide range of rights, many of which are often referred to as “civil rights” or “civil liberties” in domestic law. The Covenant is the only global treaty that includes a provision (art. 27) that specifically refers to minority rights (European mechanisms concerned with minorities are discussed in chaps. XII-XIV): Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. Article 27 technically applies only to “persons belonging to such minorities”, not to minority groups or communities themselves, although the collective aspect of this right is underscored in the following phrase, “in community with the other members of their group”. The wording “shall not be denied” may give the impression that the State merely has to refrain from certain actions rather than being obliged to adopt positive measures to promote or assist minorities in exercising their rights. However, the Human Rights Committee, in its general comment No. 23 (1994), has observed that States may be required to adopt “positive measures of protection” to protect rights

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