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