for example, that forced population transfers intended to move persons
belonging to minorities away from the territory on which they live, or
with that effect, as well as forced sterilizations, would constitute serious
breaches of the Rome Statute.
The ILO Discrimination (Employment and Occupation) Convention, 1958
(No. 111) requires States to adopt and implement national policies to
promote and ensure equality of opportunity and treatment in employment and
occupation, with a view to eliminating direct and indirect discrimination on
grounds of race, colour, sex, religion, political opinion, national extraction
or social origin (arts. 1 and 2). These national policies must address
discrimination and promote equality, in law and in practice, regarding
access to education and training, employment services, recruitment, access
to particular occupations, as well as terms and conditions of employment.
The 1998 ILO Declaration on Fundamental Principles and Rights at Work
provides that all members of the Organization have an obligation to
respect, promote and realize the fundamental principles and rights at work
(“core labour standards”). These include the principle of non-discrimination
in employment and occupation, freedom of association and the right to
collective bargaining, and the elimination of forced and compulsory
labour, as well as child labour. The enjoyment of equality of opportunity
and the treatment of minorities are monitored under this Declaration.
The 2003 UNESCO Convention for the Safeguarding of the Intangible
Cultural Heritage provides safeguards and promotes the practices,
representations, expressions, knowledge, skills—as well as the associated
instruments, objects, artefacts and cultural spaces—that communities,
groups and, in some cases, individuals recognize as part of their cultural
heritage. For this purpose, the Convention establishes a fund and a listing
system of representative and endangered heritage.
The 2005 UNESCO Convention on the Protection and Promotion of the
Diversity of Cultural Expressions encourages States to incorporate culture
as a strategic element in national and international development policies
and to adopt measures aimed at protecting and promoting the diversity of
cultural expressions within their territory. It emphasizes the importance of
the recognition of equal dignity and respect for all cultures, including that
of persons belonging to minorities, and of the freedom to create, produce,
disseminate, distribute and have access to traditional cultural expressions,
and asks States to endeavour to create environments conducive thereto.
In addition, several regional human rights treaties include provisions
that can be invoked to advance minority rights. The Council of Europe’s
Framework Convention for the Protection of National Minorities contains
particularly detailed provisions on minority rights in various fields.
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