A/HRC/40/71
Report of the Special Rapporteur on minority issues on
recommendations made by the Forum on Minority Issues at
its eleventh session on the theme “Statelessness: a minority
issue”
I. Introduction
1.
In its resolutions 6/15 and 19/23, the Human Rights Council decided that the
Independent Expert on minority issues should guide the work of the Forum on Minority
Issues and prepare its annual meetings, and invited him/her to include in his/her report
thematic recommendations of the Forum and recommendations for future thematic subjects,
for consideration by the Council. In its resolution 25/5, the Council decided to extend the
mandate of the mandate holder as Special Rapporteur on minority issues. The present report,
which was prepared pursuant to resolutions 6/15 and 19/23, contains the recommendations
of the eleventh session of the Forum, held on 29 and 30 November 2018. At its eleventh
session, the Forum considered the theme “Statelessness: a minority issue”. The work of the
Forum was guided by the Special Rapporteur on minority issues, Fernand de Varennes. The
Chair of the session was Rita Izsák-Ndiaye (Hungary). About 600 participants attended,
including representatives of Member States, United Nations mechanisms, bodies and
specialized agencies, funds and programmes, intergovernmental and regional organizations
and mechanisms in the field of human rights, national human rights institutions and other
relevant national bodies and non-governmental organizations, and representatives of
minorities, academics and experts on minority issues.
2.
The recommendations in the present report draw primarily from the discussions and
contributions made by participants at the eleventh session of the Forum. The
recommendations are based on international law and standards. They aim to provide guidance
to further implement the Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities.
3.
Key elements of the legal and normative framework include the Universal Declaration
of Human Rights, the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of all
Forms of Discrimination against Women, the Convention on the Rights of the Child, the
Convention on the Rights of Persons with Disabilities and the Council of Europe Framework
Convention for the Protection of National Minorities. Specifically on the topic of minority
rights with regard to statelessness, the following instruments are of reference: the 1954
Convention Relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness.
4.
The recommendations of the eleventh session of the Forum are organized under the
four agenda items that framed the discussion during the session. The recommendations:
(a)
Aim to address a wide range of situations faced by stateless people from
minority communities around the world;
(b)
Highlight the primary responsibility of the State to prevent and combat
statelessness by promoting and protecting the human rights of persons belonging to national
or ethnic, religious and linguistic minorities;
(c)
Emphasize the importance of combating discrimination and stigma against
minorities, as well as the need to address their systematic marginalization and exclusion;
(d)
Stress the importance of inclusion of stateless minorities and their
representatives in policy and decision-making processes affecting them;
(e)
Reaffirm that, regardless of their nationality status or statelessness, everyone
must enjoy human rights and fundamental freedoms without discrimination and recognize
the importance of the realization of the right to a nationality to guarantee access to those
rights.
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