A/68/268
cultural 18 and ethnic characteristics. However, religious minorities are routinely
denied access to those legislative provisions. Indeed, in some States it is imperative
that existing constitutions and laws be reviewed and amended in order to abolish
discriminatory provisions that have direct or indirect negative impact on religious
minorities.
66. The State also has due diligence obligations with regard to the enjoyment of
human rights. Those obligations relate to preventing violations and protecting
persons from them. When violations have occurred, the State has the obligation to
appropriately investigate, to compensate victims and to exert serious efforts to
prevent repetition. The prevention of violations relates to those carried out by
non-State actors and even in the private sphere.
67. The Independent Expert, in her previous report (A/67/293) highlighted the fact
that institutional attention to the rights of minorities is the logical next step from
legislation to implementation and positive action, and is essential for the protection
and promotion of minority rights. Relevant governmental ministries, national human
rights institutions and other national bodies as well as civil society groups should
institutionalize expertise on minority issues and minority rights as a means of
promoting action and minority rights implementation. For religious minorities this
may include such components as specific sections, units or departments with
responsibility in areas related to religious minorities or, at a minimum, the recruitment
of appropriate experts and advisers from religious minority communities to act in
advisory capacities.
8.
Participation
68. The imperative for the participation of religious minorities is upheld in the
Declaration, which calls upon the State to enable minorities to “participate
effectively in cultural, religious, social, economic and public life” (art. 2, para. 2), to
“participate effectively in decisions on the national and, where appropriate, regional
level” (art. 2, para. 3); and highlights that “States should consider appropriate
measures so that persons belonging to minorities may participate fully in the
economic progress and development in their country” (art. 4, para. 5).
69. Despite those provisions, evidence from all regions indicates that religious
minorities may face particular and persistent barriers to their participation in all
aspects of civil, cultural, economic, social, political and public life. Long-standing
patterns of discrimination and unequal treatment may gradually lead to religious
minorities themselves internalizing their status as “others”. This may lead to an
intergenerational burden of exclusion, which is highly prevalent in many States and
may lead to a lack of engagement of religious minorities with wider society and
public life that is counter to the objective of positive integration.
70. Religious minorities should consider strategies for constructive resilience in
the face of persecution and project a positive role in their rehabilitation as equals in
society where possible. This does not absolve States of their responsibility, but can
nevertheless precipitate positive social developments in society at large. Indeed,
Governments should lead by example by adopting measures, including affirmative
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18
13-41869
Communications reports of Special Procedures, A/HRC/22/67, p. 68, CHN8/2012, regarding
alleged forbidding of the marking of certain religious holidays and celebrations, arrest of
pilgrims and undermining of culture and expression.
17/23