„associations‟ emerged in 4(4) in preference to „organizations‟ and „institutions‟, again
as the most general referent. 13 In paragraph 2(5) referring to inter- and intra-minority
contacts, the clause on „contacts across frontiers‟ in 2(5) appeared threatening to
some delegations, which were, we may presume, mollified by the general reference
in the paragraph to „free and peaceful‟ contacts.
For Article 4, the construction of the text involved a mix of generous and conservative
approaches to minority cultures, and caution regarding cultural practices. The
discussion of practices „in violation of national law and contrary to international
standards‟ circulated around practices „such as female circumcision, polygamy and
ritual slaughters.‟14 These discussions were, if I recall correctly, relatively brief. Apart
from the FGM reference, gender issues including multiple discrimination against
women members of minority groups – a topic of considerable interest to the Minority
Forum - did not stimulate extensive comment. The sessions on Article 4 were mostly
devoted to issues of culture, history and languages of minorities, largely in line with
„classical‟ minority protection, though discussion of the situation of religious minorities
was muted and of secondary concern.
With regard to the later articles, those on international cooperation were relatively
uncontroversial, though the individual/collective dichotomy continued to manifest
itself. 15 Article 8 was, however, controversial. The sense that minority rights should
not be pushed too far, both in terms of respecting the rights of others (not members
of minorities) and as not threatening the territorial integrity, etc., of States,
characterised the position of a number of delegates. Arguments to the effect that
minority rights are difficult to distinguish from privileges had their influence on the text
of Article 8(2) and 8(3). On 8(4), one delegation suggested that the phrase „political
unity‟ be inserted after the phrase „political independence‟ but this was rejected.16 It
does not take much imagination to suggest that the fear of encouraging separatism
lay behind some drafting proposals and statements. The projected mainstreaming of
the Declaration in Article 9 did not engender a great deal of discussion and was
particularly strongly endorsed by NGOs.
The text emerged at a critical juncture in international relations, not far removed from
the time of the dissolution of the Soviet Union and Yugoslavia. In terms of human
rights, parallel developments at the global level included the emergence of the CRC
with its notable Article 30 on indigenous and minority children, and ILO Convention
169 on Indigenous and Tribal Peoples. European organisations also produced key
texts though not - by 1992 - a binding convention on minority rights. In other words,
minority rights had finally „returned‟ to the upper reaches of the international agenda
as an urgent concern.
Twenty years on
Twenty years on, some of the issues that sparked controversy in the drafting retain
their salience; others are perhaps less pressing. The Declaration is not a „European‟
instrument but one intended for global application. We do not have a canonical
definition of „minority‟ but this has not unduly inhibited the development of minority
rights. The concept of self-definition, as opposed to definition by the State, is now
better understood. The recognition that identities can be multiple, and that their
recognition does not threaten the unity of States, is more broadly accepted. The
13
Ibid., paragraph 40.
Ibid., paragraph 21.
15
Ibid., paragraphs 74 and 75.
16
Ibid., paragraphs 61 and 64.
14
4