A/78/195
for minorities, a permanent forum for minorities, the drafting of a global treaty for
minority rights, and the relaunch and implementation of the guidance note of the
Secretary-General on racial discrimination and protection of minorities, issued in
2013, in which the then Secretary-General, Ban Ki-Moon, set out guiding principles
and a framework for United Nations action for mainstreaming minority rights, with a
view to ensuring a comprehensive and coherent United Nations approach from
Headquarters to regional and country presences. 24
C.
Impact and positive developments for specific minority communities
50. Generally speaking, the efforts of Special Rapporteurs are usually discrete or
longer term in their impact or visibility. This is also the case for the Special
Rapporteur on minority issues, although there have been a few areas of notable and
concrete impact that can nevertheless be highlighted at the end of his mandate.
1.
Recognition of sign languages, including in the Constitution of Slovenia
51. Early in the Special Rapporteur’s mandate, and consistent with the clarifications
he provided in the definition of a member of a linguistic minority, set out in his
thematic report on the four categories of minorities under United Nations instruments
(A/75/211), he identified users of sign languages as users of natural languages, who
were therefore able to constitute members of a linguistic minority. As a result, in
addition to frequently ensuring the provision of interpretation services for members
of this linguistic minority at the Forum on Minority Issues or some regional forums,
when possible, the Special Rapporteur continuously raised the rights of users of sign
languages in his country visits throughout his mandate. The eleventh session of the
Forum on Minority Issues, held in 2018, was the first session at which interpretation
into international sign language was provided, and the twelfth session of the Forum,
held in 2019, was the first at which a representative of the sign language minority
community was invited to participate as an expert panellist.
52. The Special Rapporteur’s first country visit, in which he visited Slovenia, and
his recommendations to recognize and use sign languages subsequently contributed
to the decision of State authorities to modify the country’s Constitution. On 4 June
2021, the parliament of Slovenia unanimously modified the Constitution of the
Republic of Slovenia to recognize three national sign languages by adopting article
62 (a), which read, “The free use and development of the Slovenian sign language is
guaranteed. In areas of municipalities where Italian or Hungarian are also official
languages, the free use of Italian and Hungarian sign language is guaranteed.”
2.
Clarifying and opening up the categories of minorities, especially for descent based minorities and religious or belief minorities
53. Uncertainties and lack of guidance on who constituted a national or ethnic,
religious or linguistic minority often permitted the exclusion of many persons who
belonged to these minorities from the recognition and protection of their human rights
because of bias, prejudice or simply ignorance about who could claim to be a member
of a minority under international law. In practical terms, the absence of any
comprehensive guidance allowed at times ad hoc or arbitrary denial that particular
groups were a minority in a given country. This occurred not only among State
__________________
24
23-15818
United Nations, “Guidance note of the Secretary-General on racial discrimination and protection
of minorities”, March 2013.
13/21