II.
SCOPE OF MINORITY RIGHTS
PROTECTION
Based on the experiences of minority communities worldwide, and on the
contents of the United Nations Minorities Declaration and other international
standards relating to minority rights, the following can be identified as
major concerns: survival and existence, promotion and protection of the
identity of minorities, equality and non-discrimination, and effective and
meaningful participation.
A.
Survival and existence
According to the above-mentioned Commentary of the Working Group
on Minorities, any action for the protection of minorities should focus
primarily on the protection of the physical existence of persons belonging
to minorities, including protecting them from genocide and crimes against
humanity. The 2001 Durban Declaration affirms that “the ethnic, cultural,
linguistic and religious identity of minorities, where they exist, must be
protected and that persons belonging to such minorities should be treated
equally and enjoy their human rights and fundamental freedoms without
discrimination of any kind” (para. 66).
During conflicts, the physical integrity of persons belonging to minority
groups is of course at greatest risk and attention should be paid to ensuring
that minorities, including those displaced internally within their own country
or externally as refugees, have access to humanitarian aid and relief such
as food, shelter and health care. As former United Nations SecretaryGeneral Kofi Annan remarked at the Stockholm International Forum in
January 2004: “We must protect especially the rights of minorities, since
they are genocide’s most frequent targets.”3
Lack of respect for, lack of protection and lack of fulfilment of the rights of
minorities may be at least a contributing factor if not the primary cause of
displacement and may—in the worst cases—even lead to the extinction
of such communities. The displacement of minorities can thus serve as
an indicator of the degree to which their rights are respected, protected
and fulfilled in the country from which they are displaced. Although it
can be difficult to identify all minority groups as such in a situation of
displacement, protection mechanisms, including humanitarian assistance
programmes, need to be designed in a way which enables these groups
to retain their identity to the greatest extent possible. It is important to note
that the protection of the existence of minorities also requires respect for
3
United Nations press release SG/SM/9126/Rev.1, 11 February 2004.
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