26
Optional Protocol to the Convention on the Rights of Minorities, aiming at
strengthening the recognition and protection of the rights of minorities
The States Parties to the present Protocol,
Reaffirming that one of the basic aims of the United Nations, as proclaimed in the Charter, is
to promote and encourage respect for human rights and for fundamental freedoms for all,
without distinction as to race, sex, language or religion or belief,
Recalling article 1 of the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities,
Noting that article a of the Convention on the Rights of Minorities refers to every person
belonging to a national or ethnic, religious or belief and linguistic minority having the right to
the full enjoyment, in community with other members of their group, of all human rights and
fundamental freedoms as recognized in the Charter of the United Nations, the Universal
Declaration of Human Rights and other international human rights law, including those
specifically recognised for minority groups in this convention.,
Convinced also that all measures for the further recognition and protection of the rights of
minorities should be considered as progress in the enjoyment of all the rights and freedoms set
forth in the Universal Declaration of Human Rights, without distinction,
[…],
Have agreed as follows:
PART I
Article 1
For the purposes of this Convention
1. The expression “national minority” refers to a group of persons in a state who:
(a) reside on the territory of that state;
(b) maintain longstanding, firm and lasting ties with that state;
(c) share distinct cultural, religious or linguistic characteristics;
(d) are less than half of the total population of that state;
(e) share a concern to preserve together that which constitutes their common identity.
The existence of a national minority in a State is not dependent on official status or legal
recognition.
2. The expression “ethnic minority” refers to a group of persons in a state who:
(a) are present on the territory of that state;