Policy Responses on Recognition:
Recognition of minorities can be made in constitutions, public policies, by legal registration
of minority organizations, or indirectly in census data or other surveys. In Canada, for example,
the Canadian Charter of Rights and Freedoms (1982) recognizes the “multicultural heritage of
Canadians”, two official languages (French and English), non-discrimination on the basis of “race,
national or ethnic origin, colour, religion, sex, age or mental or physical disability” and specific
protections regarding the rights of aboriginal peoples of Canada.
Census taking can be reformed to include data collection enabling persons belonging to
minorities to express their ethnic, religious or linguistic identity for census purposes. The
World Bank and the Inter-American Development Bank organized a series of conferences in
Latin America entitled ‘Todos Contamos”(“Everyone Counts”) in order to support national
governments and civil society to formulate better disaggregated data collection strategies.
Policies in a range of areas can promote recognition of minority identities, including public
support for broadcasting in minority languages, curriculum reform to raise awareness of
diversity, or public recognition of multi-denominational religious holidays.
Government authorities could engage minorities in dialogue on recognition and could provide
technical support for drafting a legal and regulatory framework, thereby adopting positive
measures for protection and promotion of minority identities.
3.3 PROTECTION OF EXISTENCE:
Minorities have a right to protection of their
collective physical existence. The UN Declaration
on the Rights of National or Ethnic, Religious and
Linguistic Minorities indicates that States “shall
protect the existence” of minorities “within their
respective territories” (article 1.1).
This right is also safeguarded by the prohibition
of genocide and ethnic cleansing. The intent
to destroy a national, ethnical, racial or religious
group, “in whole or in part” is prohibited by the
Convention on the Prevention and Punishment
of the Crime of Genocide (1948), whether it is
carried out by killing members of the group or
through other coercive measures devised to
cause serious harm or physical destruction of
the group (article 2). Although the Genocide
Convention is not limited to protection of minorities, the dynamics of genocide are such that it
is minorities that are most frequently targeted in
this way. The Rome Statute of the International
Criminal Court prohibits persecution against,
inter alia, racial, national, ethnic, cultural or
religious groups (article 7.1 (h)).
Chapter 3: Fundamental Rights and Principles
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