A/HRC/61/41
Some forms of State institutional arrangements, such as federal States, favour a large degree
of autonomy at the regional level, which may allow for specific regulations concerning
minorities concentrated in one part of the State territory to enjoy, through democratic
processes, a form of normative autonomy,45 for example, concerning the organization of the
education system (language and curriculum) or the use of language in the public
administration or the media.
70.
As concerns religious minorities, however, it is possible that religious authorities or
faith leaders issue by edict the rules governing the practice of faith. Naturally, whichever
norms so issued as part of the autonomous self-regulatory capacity of minorities, which also
includes norms emanating from the edicts of religious leaders, will have to be in conformity
with the respect of human rights standards, including gender equality and the rights of
persons not belonging to the self-regulating minority.
71.
Organizational autonomy concerns the ability of minority communities to manage
collective services, such as education or social support. They may exercise this autonomy
through control of public bodies, if institutional arrangements permit, or by creating civil
society organizations. If the institutional organization of States is part of their reserved
domain, the freedom of association (to create or to join civil society organizations) is
regulated according to international law, notably by the International Covenant on Civil and
Political Rights, article 22 of which stipulates that no restrictions may be placed on the
exercise of this right other than those which are prescribed by law and which are necessary
in a democratic society in the interests of national security or public safety, public order, the
protection of public health or morals or the protection of the rights and freedoms of others.
Restrictions to the right of association of persons belonging to a minority to collectively
exercise their rights should be strictly limited and meet both criteria set out in article 22 of
the Covenant. Unfortunately, too many countries place restrictions on minorities’ freedom of
association, thereby limiting the exercise of rights linked with their minority status with the
other members of their community. In Catalonia, civil society organizations report concerns
over freedom of association, amid political tensions surrounding governance. 46 Ethnic or
national parties and associations can face bans, such as the pro-Kurdish parties in Türkiye47
and Iran (Islamic Republic of),48 ethnic associations in China,49 ethnic or religious parties in
France following the Internal Security Code50 and ethnic parties in Bulgaria51 and Rwanda52
following their constitutions. Unfortunately, civil society organizations representing minority
interests have been restricted with regard to property and premises, often under the pretext
that they are extremist organizations. Such was the case for the Mejlis of the Crimean Tatar
People, after the annexation by the Russian Federation of Crimea, 53 and with regard to the
seizure of assets of Kurdish associations in Türkiye after 2016. 54 Such civil society
organizations should also be bestowed with full legal personality, allowing for them to buy
and own property for the collective use of persons belonging to a minority.
72.
Religious associations and places of worship face registration and administrative
barriers worldwide, such as in Algeria and Egypt. 55 In Estonia 56 or in Ukraine, 57 certain
religious communities, in particular those perceived as being affiliated with foreign religious
45
46
47
48
49
50
51
52
53
54
55
56
57
12
This question was thoroughly examined in A/79/169.
Information received from the International Department of Plataforma per la Lengua and Omnium
Cultural.
See www.hrw.org/news/2009/12/11/turkey-kurdish-party-banned.
See www.gov.uk/government/publications/iran-country-policy-and-information-notes/country-policyand-information-note-kurds-and-kurdish-political-groups-iran-october-2025-accessible.
See www.hrw.org/news/2025/09/28/china-draft-ethnic-unity-law-tightens-ideological-control.
Stephane Pierre-Caps, “Les minorités et la notion de représentation”, Les Cahiers du Conseil
Constitutionnel, vol. 23.
Article 11 (4) of the Constitution of Bulgaria.
Article 54 of the Constitution of Rwanda.
See www.hrw.org/news/2016/09/29/crimean-tatar-elected-body-banned-russia.
See www.amnesty.org/en/documents/eur44/5208/2016/en/.
Minority Rights Group International, “Minority and Indigenous trends 2022: focus on work”.
See www.ohchr.org/en/press-releases/2025/12/un-experts-concerned-escalating-legislative-andadministrative-measures.
See https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=29850.
GE.25-20927