A/67/293 participation of Roma. Their scope implies coordinated, proactive attention to Roma populations by appropriate institutions. 13. Institutional attention to minority issues may result in positive measures targeted at minorities. In its general recommendation No. 32 on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination (CERD/C/GC/32), the Committee, citing general recommendation No. XIV, states that “differentiation of treatment will not constitute discrimination if the criteria for such differentiation, judged against the objectives and purposes of the Convention, are legitimate”. According to general recommendation No. 32: The term “non-discrimination” does not signify the necessity of uniform treatment when there are significant differences in situation between one person or group and another, or, in other words, if there is an objective and reasonable justification for differential treatment. To treat in an equal manner persons or groups whose situations are objectively different will constitute discrimination in effect, as will the unequal treatment of persons whose situations are objectively the same. However, positive measures should be justified, timed and monitored. IV. The importance and scope of institutional attention to minority issues A. General considerations 14. Ensuring enjoyment of minority rights and equality in practice requires an understanding and appreciation of minority issues and problems facing minorities. Institutionalizing expertise on minority issues allows Governments and independent bodies to identify problems and their causes and to develop sustainable solutions that fulfil the rights of minorities and comply with State obligations. While non-discrimination measures are an essential tool, minority rights protection requires measures that go beyond non-discrimination. Dedicated institutional attention provides necessary impetus for proactive implementation of minority rights, including positive measures, consultative and participatory mechanisms and processes, and activities directed towards disadvantaged minorities, which are often lacking. 15. In States in which minority populations are significant, where inter-community relations are complex, where long-term challenges persist, or where ethnic or religious tensions or conflict exist or have previously occurred, institutional attention may be particularly appropriate. In the European context, for example, it is acknowledged that the Roma require dedicated national attention so as to promote their inclusion in all fields of life, address disproportionate poverty and improve living conditions and health indicators. Discrimination and exclusion are key factors contributing to their disadvantaged situation. Solutions must take account not only of their unique circumstances and target community challenges and the impact of discrimination against Roma, but also of the causes and manifestations of discrimination in the wider society. 12-45950 7

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