The First Mandate: Experiences and Lessons Learned
Gay J. McDougall
Former Independent Expert on Minority Issues
I.
Introduction
From 2005 through most of 2011, it was my privilege and my pleasure to serve as the first
United Nations Independent Expert on Minority Issues under the mandate first established by
what was then the Commission on Human Rights. In 2008, the mandate was reviewed and
confirmed by the then new Human Rights Council.
Commission resolution 2005/79, which establishes the independent expert’s mandate, in
paragraph 6 requests the United Nations High Commissioner for Human Rights to appoint an
independent expert on minority issues for a period of two years, with the mandate: (a) To
promote the implementation of the Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities, including through consultations with
Governments, taking into account existing international standards and national legislation
concerning minorities; (b) To identify best practices and possibilities for technical cooperation
by the Office of the United Nations High Commissioner for Human Rights at the request of
Governments; (c) To apply a gender perspective in his or her work; (d) To cooperate closely,
while avoiding duplication, with existing relevant United Nations bodies, mandates, mechanisms
as well as regional organizations; and (e) To take into account the views of non-governmental
organizations on matters pertaining to his or her mandate.
Based on the Declaration, the Commentary developed by the Working Group on Minorities and
the other relevant international norms, I distilled four broad areas of concern relating to
minorities around the world, based on the Declaration on the Rights of Minorities and other
relevant international standards relating to minority rights:(a) Protecting a minority’s existence,
including through protection of their physical integrity and the prevention of genocide; (b)