A/HRC/34/53/Add.2
noted experiences of discrimination in some spheres of life, and many groups reported
experiencing specific instances of stigmatization against them.
10.
It is clear that managing such diversity can be complex and challenging. The Special
Rapporteur is of the view that the diversity of the Republic of Moldova needs to be valued
and promoted as an important asset and strength of the country, and in that regard concurs
with the assessment made by the Special Rapporteur on freedom of religion or belief
following his visit to the country in 2011.5 She welcomes the decision by the Government
to adopt Holocaust Remembrance Day on 27 January as an official day to commemorate
the victims of the Holocaust, and the existence of regular festivals, celebrations and
dedicated days organized to appreciate the culture, language, literature or folklore of the
various ethnic communities. She considers that, while such measures bear an important
symbolic significance, a minority-rights perspective needs to be strengthened considerably
in the design and implementation of policies and measures. The legislative and police
framework should allow for the recognition of the diversity inherent in the Republic of
Moldova and should inform the formulation of cross-integration policies.
II. Methodology
11.
The Special Rapporteur’s analysis of the Republic of Moldova is based on the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities and other relevant international standards, from which she has
identified four areas of concern: (a) the protection of a minority’s survival, through
combating violence against them and preventing genocide; (b) the protection and promotion
of the cultural identity of minority groups and the right to enjoy their collective identity and
to reject forced assimilation; (c) the guarantee of the rights to non-discrimination and
equality, including ending structural or systemic discrimination and the promotion of
affirmative action when required; and (d) the guarantee of the right to effective
participation of minorities in public life, especially with regard to decisions that affect
them. She applies a gender perspective in all the areas of her work.
12.
The Special Rapporteur notes with concern that the term “minority” was regarded as
“derogative” and “discriminatory” by some interlocutors with whom she consulted during
her visit. She highlights that there is no internationally agreed legal definition of the term
“minority” and that, in the absence of a formal definition, the existence of a minority group
can be assessed using objective and subjective criteria elaborated by United Nations
independent experts from international standards. 6 Objective criteria include shared
characteristics of the group, such as ethnicity, national origin, culture, language or religion.
Subjective criteria focus on the principle of self-identification and the desire to preserve the
group identity. Furthermore, she notes that the protection of minorities entitles persons
belonging to such groups to specific rights, imposing on States concrete obligations to
ensure the survival and continued development of the cultural, religious and social identity
of the minorities.7
13.
The Special Rapporteur focuses her work on national, ethnic, religious and linguistic
groups, whose generally non-dominant, disadvantaged positions within society require
5
6
7
See A/HRC/19/60/Add.2, paras. 31, 43 and 63.
See, inter alia, Human Rights Committee general comment No. 23 on the rights of minorities; and the
commentary of the Working Group on Minorities to the United Nations Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities,
E/CN.4/Sub.2/AC.5/2005/2.
See Human Rights Committee general comment No. 23, para. 9.
5