tentatively expressed than Article 27: „shall not be denied‟ (the rights) in Article 27 is
replaced in the Declaration by „have the right‟, and there is no appearance in the
Declaration of Article 27‟s cautious „in those States in which … minorities exist‟. The
preamble is also notable for not restating the language in which many discussions of
minorities had been couched: „the problem of minorities‟. The preamble does not
„problematise‟ minorities but asserts that the protection and promotion of the rights of
persons belonging to minorities „contribute to the political and social stability of States
in which they live‟ - a sea-change in the characterisation of the minority issue.
The author recalls a lively discussion on the preambular paragraph that refers to the
work of IGOs and NGOs „in protecting minorities and in promoting and protecting the
rights of persons belonging to minorities‟ – this aroused the concern that it suggested
„collective rights‟. 8The paragraph was adopted, and clearly distinguishes „protection
of minorities‟ (presumably the object of the Declaration as a whole) from description
of the holders of rights – „persons belonging to minorities‟.
The spectre of „collective rights‟ - however these may have been understood by
delegations - animated many of the informal sessions. In the event, the individualistic
„persons belonging to … minorities‟ formula runs through the whole of the
Declaration, appearing at some twenty-six points in the text. The terms „protection of
minorities‟ or „protecting‟ minorities‟ appear only sporadically. Article 1 stands out as
not repeating the „persons belonging to‟ formula, but concentrating on protection of
the existence and identity „of minorities‟.
There was little doubt that some of the wording of Article 27 would be retained in the
Declaration. Elements of Article 27 appear in Articles 2 and 3 of the Declaration.
Article 3, referring to the „exercise or non-exercise‟ of minority rights, appears to have
been stimulated by concerns about „group determinism‟ as opposed to „individual
self-determination. The concept of autonomy, with its „collective‟ implications, does
not appear in the final text.9
While definitions of „minority‟ were proposed at various stages of drafting, there is no
such definition in the Declaration. The four descriptors – national, ethnic, religious
and linguistic - were enough for most of the delegations, and, taken together, were
understood to ensure that the coverage by the Declaration was sufficiently broad.10
Whispers around the meeting room that a delegation was about to call for a definition
alarmed delegates who feared that no Declaration would emerge if the meetings
opted to embark upon a (high-minded, futile?) search for a definition. Following the
adoption of the draft Declaration in December 1991, one delegation stated that, in its
view, „[t]he major deficiency of the Declaration is that it fails to provide a definition of
“minorities”. This … may lead to confusion or misinterpretation.‟11
The list of rights in the Declaration is brief, though spacious. The inclusion of rights of
participation in general, and rights of participation in decision-making, was regarded
by many as a great advance. For the general right in 2(2), participation in „public life‟
was preferred to „political life‟ as the more comprehensive concept. 12 The term
8
E/CN.4/1991/53, paragraph 44.
The following proposal emanating from the Minority Rights Group was not adopted:
„Minorities have the right to organize themselves for private and public purposes. Where
appropriate, measures for self-management and autonomy in matters internal to minorities
may be established‟ – E/CN.4/1992/48, paragraph 27.
10
E/CN.4/1991/53, paragraphs 9 and 10.
11
E/CN.4/1992/48, paragraph 95.
12
Ibid., paragraph 30.
9
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