A/74/215
15. In the International Convention on the Elimination of All Forms of Racial
Discrimination, the definition of racial discrimination contained in article 1 (1) is
discrimination on the basis of race, colour, descent or national or ethnic origin. Since
its establishment in 1969, the Committee on the Elimination of Racial Discrimination
has progressively moved from a narrow interpretation of that definition to a broader
one in which both individual and collective rights are recognized. In doing so, it has
supported the principle of self-identification for individuals and groups if no
justification exists to the contrary. Consequently, it has consistently raised concerns
with States regarding their decisions on which groups constitute minority groups
and/or indigenous peoples. In its general recommendation No. 32 (2009) on the
meaning and scope of special measures in the Convention, the Committee has
distinguished minority rights, which are permanent rights, from special measures,
which are temporary. 6 Through its concluding observations on the reports of States
parties and its opinions on individual communications, the Committee has developed
general recommendations addressing specific minority situations, including those
relating to Roma, indigenous peoples, persons of African descent and caste and
descent. It has increasingly concerned itself with intersectional discrimination,
including gender-related racial discrimination (general recommendation No. 25
(2000) on gender-related dimensions of racial discrimination) and, more recently,
with racist hate speech (general recommendation No. 35 (2013) on combating racist
hate speech) and discrimination on the basis of religion and language.
16. In the period from 2014 to 2018, of the 344 individual communications
submitted to the following five treaty bodies,308 were addressed by the Human
Rights Committee and 36 in total were considered by the Committee on the
Elimination of Racial Discrimination, the Committee on the Elimination of
Discrimination against Women, the Committee on the Rights of the Child and the
Committee on Economic, Social and Cultural Rights. Of the latter 36
communications, nine were related to minority groups, as defined under the
Declaration and article 27 of the International Covenant on Civil and Political Rights;
of its 308 communications, six such cases were addressed by the Hum an Rights
Committee. 7
3.
Special procedures of the Human Rights Council, including the Special
Rapporteur on minority issues, and commissions of inquiry, fact-finding
missions and investigations
17. The reports issued by the special procedures of the Human Rights Council in
the period from 2014 to 2018, indicate an unsettling repertoire of issues relevant to
minority situations. The mandate of the Special Rapporteur on minority issues was
established by resolution 2005/79 of the Commission on Human Rig hts and has been
renewed continuously to date. The overarching purpose of the mandate is to promote
the realization of the Declaration. Three mandate holders have been appointed to date.
18. The work of the Special Rapporteur has helped to clarify the normative
frameworks (see E/CN.4/2006/74), including the conclusion that minority protection
norms include both general human rights standards and specific minority rights and
that global rights are to be considered together with relevant regional standards. The
work of the Special Rapporteur has also been to outline the scope of application of
minority rights and establish thematic priorities, with a special focus on the concept
of minority groups and the scope of application of minority rights and the
improvement of United Nations structures for the better implementation of the
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6
7
6/15
See Committee on the Elimination of Racial Discrimination, general recommendation No. 32,
para. 15.
See https://juris.ohchr.org/.
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