30. States should recognize, support and promote the economic
contributions of national minority entrepreneurs, including economic
activities associated with traditional industries and occupations.
Minority entrepreneurs may face specific barriers to effective social and economic
participation, including discrimination in lending policies and by lending institutions,
lack of access to resources, burdensome regulations or other obstacles impacting
their entrepreneurial activities. This may affect activities associated with traditional
industries and occupations, which should be considered in the context of the right
of national minorities to maintain and develop their culture and to preserve their
traditions and cultural heritage.158
In addition to having in place comprehensive anti-discrimination legislation and
making available opportunities for effective remedies, States should actively support
and promote the economic contributions of national minority entrepreneurs. This
should include consulting with them on how to tailor programmes and other
initiatives to encourage and support minority entrepreneurship, including through
the development of economic activities associated with traditional and other
industries and occupations closely connected to minorities.
Any obstacles or restrictions, regulatory or otherwise, which have a disproportionate
impact on the entrepreneurial activities of national minorities must be reasonable
and justified so as not to breach the prohibition of discrimination. States should
take account of the effect of such obstacles and regulations on traditional industries
and occupations, consult with minority entrepreneurs and representatives, and
devise a regulatory framework and other measures that would be more supportive
of such economic contributions; for example, through facilitating market access for
the products of traditional industries.159
Persons belonging to certain national minorities, including Roma, Sinti and
Travellers, and minority women belonging to these and other groups, may face
specific obstacles or more significant difficulties in carrying out traditional economic
activities and trades. These obstacles should be identified and addressed in
consultation with the affected groups when designing and implementing strategies
to promote minority entrepreneurship.
158 FCNM, article 5; Copenhagen Document, paragraph 32; and Declaration on Minorities, article 4(2).
159 OHCHR, FMI Recommendations, third session, paragraph 22.
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Recommendations on the Effective Participation of National Minorities in Social and Economic Life