A/HRC/52/27
in a climate in which there has been a regression in the international protection of minority
rights. While such a proposal is not novel,30 it has undoubtedly become louder as the situation
of minorities worsens in many parts of the world and is continuously repeated and
emphasized as an idea whose time has come.
66.
Consultations by the Special Rapporteur were ongoing in 2022 with numerous
minority representatives, experts and minority civil society organizations, though in a sense
these have been ongoing alongside the regional and United Nations forums since 2019. As a
result, most felt the present report should be a catalyst for action to work together to make
the Declaration a reality for minorities everywhere. As a result, and to reflect the central,
universal recommendation in this regard, the Special Rapporteur is putting forth a proposal
for a draft global minorities treaty,31 as an idea whose time has come in the hope that the
United Nations will initiate a process that could ultimately lead to a legally binding
instrument.
67.
The other main recommendations in this thematic report are based on an analysis of
the recommendations of the regional and United Nations forums, the contributions in
response to the call for submissions to the Special Rapporteur and other consultations.
VI. Recommendations
68.
The Special Rapporteur invites States, the Human Rights Council and the United
Nations to initiate a process to develop a legally-binding instrument on the protection
of the rights of minorities, inspired by the Special Rapporteur’s proposed draft treaty,32
which covers some of the most important areas of human rights and concern for
national or ethnic, religious or belief and linguistic minorities, as well as innovative and
constructive new approaches to assist States in complying with their human rights
obligations. Such an instrument should help address gaps in the protection of the
substantive rights of minorities, such as citizenship rights; economic rights, including
those relating to land, with a focus on sustainable and inclusive development of minority
regions while protecting the natural environment; the right to participation in decisionmaking, which needs to reflect existing State practice with regard to the norms of
autonomy; and, last, but not least, the rights of religious or belief minorities. It should
also serve to clarify the scope of international minority protection, focusing on the
inclusion of caste- and descent-based groups, and be adapted, in particular, to
minorities with a particularly grave history of exclusion, such as the Dalits, Roma and
immigrant minorities.
69.
The Special Rapporteur recommends that a new guidance note be issued to
operationalize the Guidance Note of the Secretary-General on Racial Discrimination
and Protection of Minorities in order to put into action the mainstreaming and
integration of minority rights across all pillars and activities of the United Nations. The
Special Rapporteur also urges the United Nations system to reactivate and implement
the integration of minority rights into its work at the global, regional and country levels.
70.
The Special Rapporteur also invites States, the Human Rights Council and the
General Assembly to create a permanent forum for minorities to improve the capacity
of the United Nations to effectively address the problems facing minorities. In line with
the precedents of the Permanent Forum on Indigenous Issues and the Permanent
Forum on People of African Descent, a new forum should be composed of
representatives of minority groups, taking into account diversity, regional balance and
gender parity, to serve in their personal capacity as experts. The permanent forum
should convene on a rotating basis in New York and Geneva, to coordinate with both
the human rights and security mechanisms of the United Nations. It should be created
alongside a supportive voluntary fund, to consist of organizations, institutions and
persons representing minorities around the world. This would further enhance the
30
31
32
A/77/246, para. 71.
Available from https://www.ohchr.org/sites/default/files/2023-01/Annex1.-A-HRC-52-27_0.docx.
Ibid.
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