A/HRC/FMI/2013/2
II. Background
4.
The aims and objectives of the Forum on Minority Issues were established by the
Human Rights Council in its resolution 6/15 and renewed in resolution 19/23, which
require that the Forum, under the guidance of the Independent Expert on minority issues:
(a)
Meet annually to provide a platform for dialogue and cooperation on issues
pertaining to persons belonging to national or ethnic, religious and linguistic minorities;
(b)
Expert;
Provide thematic contributions and expertise to the work of the Independent
(c)
Identify and analyse best practices, challenges, opportunities and initiatives
for the further implementation of the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities;
(d)
Produce thematic recommendations, to be reported to the Council by the
Independent Expert;
(e)
Contribute to efforts to improve cooperation among United Nations
mechanisms, bodies and specialized agencies, funds and programmes on activities relating
to the promotion and protection of the rights of persons belonging to minorities, including
at the regional level.
III. Legal framework
5.
Article 27 of the International Covenant on Civil and Political Rights provides the
following: “In those States in which ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practise their own
religion, or to use their own language.” The Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities builds on article 27 and
establishes the responsibility of States to ensure the protection of religious identity. It
establishes in article 1, paragraph 1, that States “shall protect the existence and the national
or ethnic, cultural, religious and linguistic identity of minorities within their respective
territories and shall encourage conditions for the promotion of that identity”.
6.
The Declaration also recognizes a wider need for protection of the rights of
minorities to include guarantees of equality, non-discrimination in all spheres of life,
participation in public life and protection of existence. With a view to achieving such goals,
the Declaration calls on States to implement positive measures, including the adoption of
legislation and other measures, to ensure the promotion and protection of all minority
rights. Pursuant to article 4, paragraph 2, of the Declaration, States should “take measures
to create favourable conditions to enable persons belonging to minorities to express their
characteristics and to develop their culture, language, religion, traditions and customs,
except where specific practices are in violation of national laws and contrary to
international standards”.
7.
The 1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief (1981 Declaration) does not explicitly mention
religious minorities, however it establishes non-discrimination and equality as key
principles and requirements of States in their treatment of religious groups. Article 2,
paragraph 1, of the 1981 Declaration stresses that “no one shall be subject to discrimination
by any State, institution, group of persons, or person on the grounds of religion or belief”.
Article 3 of the 1981 Declaration clearly establishes that “discrimination between human
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