4 • Guidance Note of the Secretary-General on Racial Discrimination and Protection of Minorities
Discrimination (ICERD), and in regional instruments.3 Important additional
guidance for the UN and other actors is provided in such key documents
as the UN Declaration on the Rights of Persons belonging to National or
Ethnic, Religious and Linguistic Minorities (1992) and the Durban Declaration and Programme of Action (2001) and in the Outcome Document of the
Durban Review Conference (2009).
5. The UN approach to racial discrimination needs to reflect the fact that
racial discrimination encompasses “any distinction, exclusion, restriction
or preference based on race, colour, descent, or national or ethnic origin
which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other
field of public life”.4
6. UN efforts to protect minorities are rooted in equality and non-discrimination, but they should also advance other elements of minority rights,
including the rights of persons belonging to minorities to participate in
decision-making and to enjoy their own culture, to profess and practise
their own religion and to use their own language. Implementation of such
minority rights requires in many cases continuous measures.5
7. The UN can in many cases combine its efforts to combat and prevent racial
discrimination and to advance minority protection, as these are frequently
interlinked. On the one hand, standards and mechanisms devoted to combatting racial discrimination benefit minorities, who are often targets of
racial discrimination. On the other hand, minority rights contribute to the
efforts to combat racial discrimination, by directly reinforcing prohibition of
racial discrimination and also through participatory rights and other rights
that indirectly contribute to efforts to combat such discrimination. It is in
recognition of these interlinkages that these two notions are addressed in
one Guidance Note.
8. The UN pursues an inclusive approach to the concept of minorities, guided by the principle of self-identification and bearing in mind that there is
no internationally agreed definition of the term. Using UN minority rights
standards and mechanisms is not conditioned upon the use of the term
minority in the domestic context, and the UN Human Rights Committee
has stressed that the existence of an ethnic, religious or linguistic minority
3
See, e.g., International Convention on the Elimination of All Forms of Racial Discrimination; art.
26 and 27 of the International Covenant on Civil and Political Rights; and the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111). For an overview of relevant international and regional standards and their monitoring mechanisms, see also Minority Rights:
International Standards and Guidance for Implementation, OHCHR, 2010.
4
International Convention on the Elimination of All Forms of Racial Discrimination, Art 1(1).
5
CERD, in its general recommendation No. 32(209), has specified that “special measures
should not be confused with specific rights pertaining to certain categories of person or community, such as, for example the rights of persons belonging to minorities to enjoy their own
culture, profess and practise their own religion and use their own language […]. Such rights are
permanent rights, recognized as such in human rights instruments, including those adopted in
the context of the United Nations and its agencies”.