OIDEL (International Organization for the Right to Education and Freedom of Education) Speech at the Forum on Minorities First session 16. 12.2008 Alfred Fernandez Madame President, Ladies, Gentlemen, The OIDEL is delighted about the holding of this first Forum on Minority Issues and in particular the chosen theme. Having worked within human rights bodies for the recognition of the right to education, our organization finds this Forum of the highest importance. But we also reckon that a single session will not be enough to truly address such issue which is crucial for the very survival of persons belonging to minorities. At least two sessions on this theme would be necessary. In its basic principles the draft recommendation suggests a generous and positive attitude towards minorities. This is essential yet often lacking. It is indeed necessary to promote an attitude that is supportive of pluralism and minorities. Like A. Eide underlined when speaking about identity in his Commentary to the Declaration: “Beyond simple tolerance, identity, which is essentially cultural, requires of the State and of society in general a supportive attitude towards cultural pluralism (…) (The States) have to create an environment conducive to the development of that identity. This goes beyond mere protection and requires the adoption of special measures aimed at making it easier to preserve, transmit, and develop the culture of minorities. Everyone has the fundamental right to forge their own identity. This right should be understood as being part of the main freedom every State shall respect: the freedom of thought. As the draft recommendation underlines, “education is an essential support for the identity of a community”. Indeed, the freedom to teach and to create cultural institutions actually stems from the necessary respect of the freedom of thought. As we all know, this freedom that cannot be subject to any limitation. Now, obviously, freedoms cannot be protected in an effective manner without a positive action by the State. We cannot merely advocate their respect. The freedoms have to be implemented, or even better, the means to do so have to be provided. But the requirements for the freedom of thought are even stronger. Such freedom cannot be effectively protected if the freedoms that follow from it or that constitute the condition of their effective exercise, are not protected: freedom of expression, freedom of religion, freedom of the press, and freedom of education. An affirmative action by the State is thus necessary in this field. With regard to education, the question is mentioned by the Declaration on the Rights of Minorities which provides that “this right entails for everyone and in particular for the public authorities, the obligation to favour, to the extent of the available resources, its exercise in conditions of equality.” Here we are confronted with an evolution of international law that, however, for political reasons, is not yet unanimous. Paragraph 2 of article 6 of the Declaration – in conformity with the developments