Annex
II
SELECTED CONCLUSIONS AND
RECOMMENDATIONS ON MINORITY
RIGHTS FROM UN TREATY BODIES
Protection and recognition of existence:
The Human Rights Committee has often
expressed concerns that States deny the existence of minorities in their territory (e.g. in
2000 in relation to Kuwait) or ignore protection of minorities under the pretext that
minorities are integrated (e.g. in 2004 in relation
to the Dominican Republic), while CESCR has
also expressed concerns about lack of recognition of minorities in some countries (e.g. in 2001
in relation to France):
The Committee cannot accept the statement of the
Delegation that there are no minorities in Kuwait.
Given the wide diversity of persons in the State’s territory and subject to its jurisdiction, it is clear that,
in fact, there are persons in Kuwait who belong to
ethnic, religious and linguistic minorities whose
rights under art 27 ICCPR should be ensured and
protected. (CCPR/CO/69/KWT, paragraph 14)
The Committee expresses concern over the lack
of information on the protection of the rights of
ethnic, religious and linguistic minorities in the
Dominican Republic. The delegation’s explanation
that minorities are so integrated into the country’s
culture that they cannot be considered as such is
not sufficient. (CCPR/CO/71/DOM, paragraph 20)
The Committee expresses its concern about the
lack of recognition of minorities in France. While
the French tradition emphasises the unity of the
State and the equality of all French citizens, and
while there is a commitment on the part of the
State party to respect and protect equal rights for
all, the Committee is of the opinion that the fact
that all individuals are guaranteed equal rights in
the State party and that they are all equal before
the law does not mean that minorities do not have
the right to exist and to be protected as such in
the State party. The Committee emphasises that
equality before the law is not always adequate to
ensure the equal enjoyment of human rights, and
in particular economic, social and cultural rights,
by certain minority groups in a country. (E/C.12/1/
ADD.72, paragraph 15).
The Human Rights Committee also identifies
gaps in State reporting and requests information
about minority communities who have been
neglected by the State (e.g. in relation to the
Romani community in Brazil in 2005):
The Committee is concerned about the lack of
information on the Roma community and allegations that this community suffers discrimination,
in particular with regard to equal access to health
services, social assistance, education and employment (arts. 2, 26 and 27). The State party should
provide information on the situation of the Roma
community and the measures taken to ensure their
practical enjoyment of rights under the Covenant.
(CCPR/C/BRA/CO/2, paragraph 20).
Education Rights:
CRC and CESCR have often recommended
educational measures aimed at a greater integration of minorities in various States (e.g. in 2003
in relation to the Libyan Arab Jamahiriya and in
2001 in relation to Japan):
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