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Declaration. The thematic focus of the work of the Special Rapporteur also guides the
work of the Forum on Minority Issues.
19. International law does not offer a definition of a minority. However, general
comment No. 23 of the Human Rights Committee has helped to reinforce the view
that the determination of which groups constitute minorities does not lie solely with
the State, but is dependent on a range of both objective and subjective criteria. An
exact assessment of the relative numerical size of a population group compared with
that of the larger is therefore not needed. Instead, a contextual assessment is the basis
for determining whether a minority is non-dominant. According to that approach,
duration of residence or domicile within a State does not limit protections under
international minority rights. Despite the individualist approach of the minority rights
regime, the collective nature of minority rights is necessary for the protection and
promotion of minority identity. The Special Rapporteur reaffirmed that claims made
by minority groups for equality and non-discrimination and respect for their identity,
language, religion and cultural practices may involve territorial issues or assertions
(ibid., paras. 23–29).
20. The work of the Special Rapporteur was also critical in ensuring that the term
“minority” is used with the empowering intent that it holds. The concept of
“minorities” had experienced limited reach and appeal among minority groups
themselves in certain parts of the world. Minority groups falling under the legal
category of “minorities” rejected the use of the term, since they considered it
derogatory, discriminatory or establishing a second-class category of citizens. Instead
of implying any inferiority or diminished status, the term “minority” is used in
recognition of the fact that the principles of equality and non -discrimination are not
fulfilled for certain groups. The work of the Special Rapporteur has helped to
underscore the protection gap for caste-based groups which, although they belong to
the same ethnic, religious or linguistic group as the larger community, are
nevertheless in a non-dominant position and suffer stigma and exclusion (see
A/HRC/31/56).
21. The work of the Special Rapporteur has also helped to bring greater clarity to
the scope and meaning of the term “minority” as contained in the Declaration, given
that article 27 of the International Covenant on Civil and Political Rights and article
30 of the Convention on the Rights of the Child are unclear (see A/HRC/37/66). For
example, in 2018, the Special Rapporteur highlighted the extent to which
statelessness was mainly a minority issue, given that the vast majority of stateless
populations today – more than three quarters, according to the Office of the United
Nations High Commissioner for Refugees in 2017 – are persons belonging to national
or ethnic, religious and linguistic minority groups. The world ’s more than 10 million
men, women and children who find themselves deprived of citizenship are persons
belonging to national or ethnic, religious and linguistic minority groups (see
A/HRC/40/64).
22. Moreover, the commissions of inquiry, fact-finding missions and investigations
mandated by the United Nations are increasingly being used to respond to s ituations
of serious violations of international humanitarian law and human rights law and to
counter impunity, including with regard to minority groups. The independent
international fact-finding mission on Myanmar, in its report (A/HRC/39/64),
submitted that violations against ethnic and religious minority groups in the northern
Rakhine State were often committed with persecutory intent, in a context of severe
and deep rooted discrimination based on ethnic or religious grounds. Those violations
have led to the destruction of entire Rohingya villages, together with the ransacking
of mosques and religious and cultural objects during military operations, sometimes
with the subsequent construction of Buddhist pagodas, and was also accompanied by
the use of insulting and derogatory language (ibid., para. 65). The Independent
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