A/67/293 III. Normative framework 9. Article 27 of the International Covenant on Civil and Political Rights 3 requires that “(i)n 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 further elaborates the rights of minorities and the obligations upon States. Numerous provisions within the Declaration require positive measures in legislation, policy and programming to ensure the full and effective participation of minorities in public life. Their implementation may best be achieved through a national policy and institutional framework incorporating targeted attention to minority rights. 10. Article 1 (1) of the Declaration requires 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”. Article 1 (2) requires that “States shall adopt appropriate legislative and other measures to achieve those ends”. Article 2 (3) requires that minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live. Article 4 (2) requires that “States shall 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”. Article 5 (1) establishes that “(N)ational policies and programmes shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities”. 11. The Committee on the Elimination of Racial Discrimination in its general recommendation No. XVII on the establishment of national institutions to facilitate implementation of the Convention (see A/48/18, chap. VIII.B), recommends that States parties to the International Convention on the Elimination of All Forms of Racial Discrimination 4 “establish national commissions or other appropriate bodies … to serve, inter alia … (a) to promote respect for the enjoyment of human rights without any discrimination; … (b) to review government policy towards protection against racial discrimination; (c) to monitor legislative compliance with the provisions of the Convention; (d) to educate the public about the obligations of States under the Convention; (e) to assist in the preparation of reports to the Committee on the Elimination of Racial Discrimination”. 12. In its general recommendation No. XXIX on article 1, paragraph 1, of the Convention (descent), relating to groups including caste-affected communities (see A/57/18, chap. XI.F), the Committee requests States to “(E)stablish statutory mechanisms, through the strengthening of existing institutions or the creation of specialized institutions, to promote respect for the equal human rights of members of descent-based communities”. In its general recommendation No. XXVII on discrimination against Roma (see A/55/18, annex V.C), the Committee recommends numerous positive measures including the review and amendment of legislation, adoption and implementation of national strategies and programmes, establishment of effective remedies, and measures to ensure consultation, dialogue and __________________ 3 4 6 See General Assembly resolution 2200 A (XXI), annex. United Nations, Treaty Series, vol. 660, No. 9464. 12-45950

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