A/HRC/52/27
were still fresh in people’s minds when the General Assembly first adopted a resolution on
this issue of global concern.4
26.
There were high hopes 30 years ago for steady implementation of the rights of
minorities, of their human rights, which would effect a major shift in the lives of many
communities and millions of people around the world. The protection of minority rights was
seen as vital to conflict prevention, the achievement of sustainable development and the
fulfilment of human rights, as the President of the General Assembly recognized in his
remarks at the high-level event commemorating the adoption of the Declaration. 5 The
Secretary-General also emphasized that minority rights were human rights, that the
protection of minorities was integral to the United Nation’s mission and that promotion of
those rights was vital to advancing political and social stability and preventing conflict.
27.
The verdict from the Secretary-General on 21 September 2022 was not optimistic
when he concluded that “thirty years on – the world is falling short. Far short. We are not
dealing with gaps – we are dealing with outright inaction and negligence in the protection of
minority rights”. The Special Rapporteur also painted a rather dark picture of surging
conflicts involving minorities, of disproportionate and increasing levels of hate speech, racist
and prejudiced hate speech in social media and hate crimes and attacks fuelled by growing
intolerance targeting national or ethnic, religious and linguistic minorities, or growing
restrictions on their human rights, including in the use of minority languages in education,
and restrictions on the rights of religious minorities, and even increasing numbers of stateless
persons in the world – overwhelmingly so because some States exclude particular minority
groups from citizenship.
28.
Some 30 years later, the question therefore remains how and to which extent, or even
whether, the recognition and protection of the rights of minorities at the United Nations have
moved forward.
B.
The recognition and protection of the rights of minorities at the United
Nations: a less than glowing record
29.
In its resolution of 1948, the General Assembly had clearly indicated that the United
Nations could not remain indifferent to the fate of minorities and that it would need to take
effective measures for the protection of racial, national, religious or linguistic minorities.
30.
An outside observer could be forgiven for concluding that the United Nations has
remained largely indifferent: no treaty on the rights of minorities was ever adopted after the
creation of the United Nations, while from the 1950s onwards the international community
embarked on an extensive period of standard-setting for human rights in international law, as
shown chronologically by the following treaties: Convention on the Prevention and
Punishment of the Crime of Genocide (1951); Convention relating to the Status of Refugees
(1951); Convention on the Political Rights of Women (1952); Convention relating to the
Status of Stateless Persons (1954); Supplementary Convention on the Abolition of Slavery,
the Slave Trade, and Institutions and Practices Similar to Slavery (1956); Abolition of Forced
Labour Convention, 1957 (No. 105); International Convention on the Elimination of All
Forms of Racial Discrimination (1965); International Covenant on Civil and Political Rights
(1966); International Covenant on Economic, Social and Cultural Rights (1966);
International Convention on the Suppression and Punishment of the Crime of Apartheid
(1973); Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143);
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984); Convention on the Rights of the Child (1989); International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their Families
(1990); and Convention on the Rights of Persons with Disabilities (2006).
4
5
6
In 1948, the General Assembly declared in a resolution that the United Nations could not “remain
indifferent to the fate of minorities” and that it would need “to take effective measures for the
protection of racial, national, religious or linguistic minorities”. See General Assembly resolution 217
(III) C of 10 December 1948.
See https://media.un.org/en/asset/k1s/k1sd1c79hy.