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
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See General Assembly resolution 2200 A (XXI), annex.
United Nations, Treaty Series, vol. 660, No. 9464.
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