A/HRC/55/51 A. Fate of minorities: why and how to integrate diversity to foster the universal enjoyment of human rights 21. The General Assembly adopted, on 10 December 1948, resolution 217 (III) in four parts. The most well-known part is part A, namely the Universal Declaration of Human Rights. Lesser known to a large audience is part C, in which the General Assembly dealt with “the fate of minorities”. The previous mandate holder quoted in extenso resolution 217 C (III) in his last report to the General Assembly.3 His research led him to underline that the United Nations had, since its origin, constantly kept minority issues on its agenda, albeit with varying degrees of intensity with regard to effectively taking into consideration the rights of persons belonging to minorities. He concluded that historical panorama by considering that the last decade (2013–2023) had not been very favourable for minority issues within the United Nations.4 22. The newly appointed Special Rapporteur would also like to refer to resolution 217 C (III) and to underline other elements from the resolution on the fate of minorities. In the resolution, the General Assembly affirmed that the United Nations could not remain indifferent to the fate of minorities. However, the General Assembly stated that it was difficult to adopt a uniform solution to the complex and delicate question, which had special aspects in each State in which it arose. At the same time, considering the universal character of the Universal Declaration of Human Rights, the General Assembly decided not to deal in a specific provision of the Declaration with the question of minorities and to refer the issue to the Economic and Social Council. 23. The central element that the General Assembly highlighted in the resolution was that it was difficult to adopt a uniform solution to minority issues. There are, according to the General Assembly, two expressly stated reasons justifying such a statement. First, the issue is complex and delicate and, second, it has special aspects in each State in which it arises. With regard to the first element of justification, 75 years of implementing the Universal Declaration of Human Rights have shown beyond question that each and every human right is complex and delicate to implement. It is thus not a specific characteristic of minority issues. The second element, on the contrary, is quite specific to “minority rights”.5 24. In other words, there is, in the view of the General Assembly, no uniform application of minority rights. Quite the contrary. Simultaneously, minority issues are part – but a special part – of universal human rights, as clearly stated in the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and as the structure of resolution 217 (III) shows. 25. So how does diversity in situations and implementation relate to the protection of universal human rights? In human rights law, diversity in the formulation and implementation of human rights is recognized at two different levels. 26. At the first level is article 1 common to both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which guarantees the right of all peoples to freely determine their political status and freely pursue their economic, social and cultural development. Consequently, there are States 6 in which the right to self-determination has been realized. Yet, States have very different political, economic, social and cultural arrangements. 7 The universality of human rights is 3 4 5 6 7 GE.24-00944 A/77/246, para. 24. See, more specifically, A/77/246, paras. 64–69, and para. 4 of the present report. By using this terminology, the Special Rapporteur does not take a position on the holder of such rights (whether it is solely individual rights belonging to each person belonging to a minority – as the title of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities seems to imply – or whether rights exist to which a minority as such may be entitled). The Charter of the United Nations is proclaimed by the peoples of the United Nations (first sentence of the Charter), but the Organization is composed of States, as required by article 4 of the Charter, which specifies the conditions for membership. For the relationship between the right to selfdetermination of all peoples and statehood, see, among others, General Assembly resolution 2625 (XXV). For the central and complex role played by the right to self-determination in structuring contemporary international society, see Martti Koskenniemi, “National self-determination today: problems of legal 5

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