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international legal requirements for religious minorities contrasts sharply with
the multiple restrictions that States impose and which even risk the viable
continuity of religious minorities at the national level.
90. The Independent Expert considers that an appropriate venue for the
elaboration of detailed recommendations on the rights of religious minorities is
the Forum on Minority Issues, which will focus on the issues of religious
minorities during its sixth session, in November 2013. The Forum will benefit
from the participation of governmental and non-governmental actors and
minority experts, and will provide an inclusive opportunity for discussion of the
issues and elaboration of recommendations.
91. The Independent Expert provides the following broad recommendations
to national Governments and the international community:
(a) All States should fully implement the United Nations Declaration on
the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities with due and dedicated attention to the situation of religious
minorities present in the country. In accordance with the Declaration, attention
to religious minorities should include, but go beyond, freedom of religion or
belief. A minority rights-based approach is required that is comprehensive in
scope and that recognizes that religious minorities may require special
attention and positive measures to ensure the full enjoyment of their rights to
non-discrimination and equality in all aspects of society — civil, cultural,
economic, political and social;
(b) The provisions of the Declaration should be translated by States into
national legislation, and dedicated attention to religious minorities should be
reflected in the national institutional frameworks for the protection of human
rights, including line ministries and governmental departments, national
human rights institutions and consultative bodies and mechanisms. Existing
legislation should be reviewed to ensure that no provisions exist that are
discriminatory or have a discriminatory impact, directly or indirectly, on
persons belonging to religious minorities;
(c) States must ensure that the national educational environment is
welcoming and non-discriminatory for those belonging to religious minorities
and that reasonable accommodation is provided for them to learn about their
own religion, manifest their religion, participate in their religious holidays, and
learn about the religions and beliefs of others. In conformity with the
Declaration, States should, where appropriate, take measures to encourage the
acquisition of knowledge about the history, traditions, language and culture of
the minorities existing within their territory;
(d) States should undertake research and data-gathering exercises,
including in the context of national census surveys, aimed at compiling detailed
information on the demographic and socioeconomic situation of religious
minorities in their country. Such data should be quantitative and qualitative in
nature and include considerations of the situation of religious minorities
relative to other members of society. It should have the objective of providing a
comprehensive mapping of religious communities, their situations and the
challenges affecting them, and it should be carried out in consultation with and
the voluntary participation of minorities;
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