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 2

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