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): ANNEXES 183

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