A/HRC/FMI/2014/2
13.
In its resolution 60/1 of 16 September 2005, the General Assembly adopted the 2005
World Summit Outcome, in which the Member States adopted a principle that is of prime
importance to the protection of minorities — the responsibility to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity, more commonly
known as “the responsibility to protect”.4 This concept recognizes that the responsibility to
prevent atrocity crimes is no longer exclusive to the State but is a shared responsibility — a
duty that lies first with the State but where the international community must play a role
when a State is either unable to or fails to abide by its legal obligations. This includes the
responsibility to provide assistance to States to fulfil their responsibility to protect their
populations, and also to take collective action, in accordance with the Charter of the United
Nations, when a State is manifestly failing to protect its populations. The Charter contains a
wide range of tools for the use of Member States and the international community.
Chapters VI, VII and VIII authorize the use of appropriate diplomatic, humanitarian or
other collective action. A Special Adviser on the Responsibility to Protect has been
appointed to further the conceptual, political, institutional and operational development of
the principle of the responsibility to protect.
IV. Issues for consideration
14.
At the seventh session, the Forum will consider practical and concrete ways to
prevent violence and atrocity crimes targeted against minorities and appropriate responses
at national, regional and international levels. The Forum will take account of the fact that a
great variety of countries and minority situations exist and that, consequently, different
measures may be required according to the given context. The Forum will be informed by
and build on the work of its previous sessions, namely those relating to minorities and the
right to education, effective political participation, effective participation in economic life,
the rights of minority women and girls, effective implementation of minority rights and the
Declaration, and the rights of religious minorities. It will equally be informed by the work
of the treaty bodies and the special procedures, and studies of the special advisers on the
prevention of genocide and the responsibility to protect, and other national, regional and
international actors.
15.
Discussions at the Forum will centre on the key pillars of minority rights protection:
protection of existence and prevention of violence against minorities; protection and
promotion of minority identity; equality and non-discrimination; and the right to effective
participation in all areas of public, economic and social life. The Forum will also be
informed by the three pillars of the responsibility to protect: the State carries the primary
responsibility for protecting populations from genocide, war crimes, crimes against
humanity and ethnic cleansing, and their incitement; the international community has a
responsibility to encourage and assist States in fulfilling this responsibility; and the
international community has a responsibility to use appropriate diplomatic, humanitarian
and other means to protect populations from these crimes. If a State is manifestly failing to
protect its populations, the international community must be prepared to take collective
action to protect populations, in accordance with the Charter. 5
4
5
6
In July 2000, the African Commission on Human and Peoples’ Rights incorporated the right to
intervene in a Member State as enshrined in Article 4(h) of its Constitutive Act, which states “[t]he
right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of
grave circumstances, namely war crimes, genocide and crimes against humanity”.
See World Summit Outcome, A/RES/60/1, para. 139.