Minority rights focus in the United Nations 5
Article 2
[...]
2. Persons belonging to minorities have the right to participate effectively in cultural,
religious, social, economic and public life.
3. Persons belonging to minorities have the right to participate effectively in decisions
on the national and, where appropriate, regional level concerning the minority to which
they belong or the regions in which they live, in a manner not incompatible with national
legislation. [...]
Article 4
[...]
2. States shall 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. [...]
In 1995, the Commission on Human Rights authorized the Sub-Commission to establish a fivemember working group to “[r]eview the promotion and practical realization” of the Declaration,
“[e]xamine possible solutions to problems involving minorities ... [and recommend] further
measures, as appropriate, for the promotion and protection of the rights of persons belonging
to national or ethnic, religious and linguistic minorities”.5 The Working Group on Minorities held
12 sessions between 1995 and 2006 and provided a venue for representatives of minorities to
raise issues within the United Nations and enter into dialogue directly with States. The Working
Group achieved a great deal, not only in conceptualizing the rights of persons belonging to
minorities but also by establishing good practices and other measures to promote and protect
minorities.6 In 2005 the Working Group adopted the Commentary on the Declaration (see
annex I).
The position of Independent Expert on minority issues was created by the Commission on Human
Rights in 2005. Further to the creation of the Human Rights Council in 2006, the Forum on
Minority Issues was established in 2007. The work of the Independent Expert and other special
procedures is discussed in greater detail in chapter IV, and the Forum in chapter III.
The United Nations has further contributed to developing standards for the protection of minorities
with the adoption of the 1981 Declaration on the Elimination of All Forms of Intolerance and
of Discrimination Based on Religion or Belief;7 the appointment of special rapporteurs by the
Commission on Human Rights in the 1980s to consider aspects of religious intolerance and
discrimination; and a 1993 report by the Sub-Commission on “the possible ways and means of
facilitating the peaceful and constructive solution of problems involving minorities”.8 In 2001, the
United Nations Secretary-General appointed a Special Adviser on the Prevention of Genocide,
who seeks and receives information related to his or her mandate, particularly early-warning
information.9 States Members of the United Nations adopted the 2005 World Summit Outcome,
which notes that “the promotion and protection of the rights of persons belonging to national or
Resolution 1995/24, para. 9.
5
Documents considered by the Working Group are available from www.ohchr.org/EN/Issues/Minorities/Pages/
TheformerWGonMinorities.aspx (accessed 29 November 2012).
6
General Assembly resolution 36/55. See also D. J. Sullivan, “Advancing the freedom of religion or belief
through the UN Declaration on the Elimination of Religious Intolerance and Discrimination”, American Journal of
International Law, vol. 82 (1988), p. 487.
7
8
E/CN.4/Sub.2/1993/34 and Adds. 1–4.
9
See www.un.org/en/preventgenocide/adviser/index.shtml (accessed 29 November 2012).