the UN could not „remain indifferent to the fate of minorities‟.3 In 1977, SubCommission Special Rapporteur Capotorti produced his Study on the Rights of Persons belonging to Ethnic, Religious and Linguistic Minorities, and suggested that the Sub-Commission consider recommending to its superior organs „the preparation of a draft declaration on the rights of members of minority groups, within the framework of the principles set forth in Article 27‟ of the ICCPR. 4 The Commission on Human Rights decided in 1978 to establish an open-ended working group to advance the Declaration, an initial draft of which was presented by Yugoslavia. 5The draft added „national‟ to the ethnic, religious and linguistic minorities of Article 27. Drafting progress was slow during the 1980s but moved rapidly in the early 1990s. A complete draft comprising a title, a preamble and nine articles was agreed in 1990.6 The second reading of the draft was completed in 1991 at intensive sessions in 1991 that made use of informal drafting groups. 7The text was approved by the Commission on Human Rights in March 1992 and transmitted to the General Assembly, which adopted the Declaration by consensus resolution 47/135 of 18 December 1992. The draft Declaration presented in 1978 retains its interest. Key elements of the final Declaration - including rights to existence and identity, non-discrimination and equality, development of culture, education, language and traditions – were all present. Participation „on an equitable basis‟ in cultural, social, economic and political life was included. Propaganda against minorities that threatened their right to „equal expression and development of their own characteristics‟ was addressed. Areas of inter-State co-operation were identified, and strict respect for the sovereignty, territorial integrity, etc., of the countries in which minorities live was to be ensured. In terms of conceptual difference between the original draft and the final Declaration, it is notable that the description of the holders of rights is not as relentlessly individualised: in the earlier document, while reference is made to „members of minorities‟, reference is also made to „rights of minorities‟ and to the „development of minorities as collectivities‟. Some Drafting controversies The above observation on differences between the two texts serves to introduce some of the „sticking points‟ in the 1991 discussions. The title of the Declaration was subject to contestation, especially over the term „national minority‟ - thought by some to be too „European‟. The preamble also generated extensive discussion, proposals, and drafting decisions. Regarding the reference to article 27 of the ICCPR, drafters were presented with a choice between a Declaration „based on‟ or „inspired by‟ Article 27. The latter was preferred: the Declaration is not therefore tied to the limitations of Article 27. The Declaration is less 3 In resolution 532 B (VI) (1952), the General Assembly expressed the view that „the prevention of discrimination and the protection of minorities are two of the most important branches of the positive work undertaken by the United Nations‟. 4 United Nations Publication, Sales No. E.91.XIV.2 (New York, United Nations, 1991), paragraph 617. 5 E/CN.4/L.1367/Rev.1. A revised and consolidated draft, E/CN.4/Sub.2/L.734, was prepared by the Chairman-Rapporteur of the Working Group and placed before the Commission in 1981. 6 E/CN.4/1990/41. 7 Report of the Working Group on the Rights of Persons belonging to National, Ethnic, Religious and Linguistic Minorities, E/CN.4/11991/53, 5 March 1991, and E/CN.4/1992/48, 16 December 1991. 2