A/68/268 31. The Declaration on Minorities, inspired by article 27 of the International Covenant on Civil and Political Rights, establishes the responsibility of States to ensure the protection of minority religious identity. However, importantly, it goes much further in its scope and elaborates positive requirements for the protection of minority group rights beyond freedom of religion and religious identity. Article 1, paragraph 1, establishes that States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity. Article 1, paragraph 2, requires a positive obligation on States to adopt appropriate legislative and other measures to achieve those ends. Throughout the Declaration, the positive obligations of States to protect and promote minority rights are emphasized. 32. Article 2 outlines that minorities have the right to establish and maintain their own associations (art. 2, para. 4); and to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related (art. 2, para. 5). Article 2 underscores the right to participate effectively in cultural, religious, social, economic and public life and to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live. 33. Positive obligations of States are further emphasized in the requirement for States to take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs (art. 4, para. 2). States are also called upon to take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory (art. 4, para. 4). Article 5 requires national policies and programmes to be planned and implemented with due regard for the legitimate interests of persons belonging to minorities, as well as programmes of cooperation and assistance among States. 34. A minority rights-based approach to the protection of the rights of religious minorities is an obligation of all States. Minority rights require a broad protection of the culture, languages, traditions and customs of religious minorities and understanding of leadership and customary law structures that might result, for example, in consideration of special or autonomous arrangements. It requires the State to take positive measures both in respect to the rights of minorities to enjoy and practise their religion and all aspects of their identity, and also in respect to their equal place in society and their ability to participate fully in economic, political and social life. 35. The scope of both minority rights and freedom of religion or belief is wide and inclusive. This is clear from the relevant norms enshrined in articles 18 and 27 of the International Covenant on Civil and Political Rights as well as the related General Comments 22 and 23 of the Human Rights Committee relating to the right to freedom of thought, conscience and religion and minority rights, respectively. Minorities are to enjoy culture, religion and language, and freedom of religion or belief is to include manifestation in “worship, observance, practice and teaching”. This scope is also upheld in other instruments such as articles 14 and 30 of the 13-41869 9/23

Select target paragraph3