draws on Article 27 of the UN Covenant on Civil and Political Rights which apply to ethnic, religious
and linguistic minorities. The declaration also adds the term national minorities.
The commentary points out that there is hardly any national minority which is not also an ethnic,
religious and/or linguistic minority, but that not all ethnic, religious and linguistic minorities are
national minorities and might therefore not be covered by the European instruments.
A relevant point in this regard is that the UN declaration will in some circumstances also apply to
non-citizens of the states where the minority exist. No absolute distinction can legitimately be made
between the “old” and the “new” minorities, but in is application the “old” minorities may have
stronger rights than the “new”.
A second, important point made in the Commentary is that the Declaration deals with the rights of
persons belonging to minorities, but not with rights of minorities as collectivities. In this regard it is
quite different from the UN Declaration on the Rights of Indigenous Peoples. The commentary
underlines in its para. 15 that the rights of persons belonging to minorities differ from the rights of
peoples to self-determination. This follows also from Article 8 paragraph 4 of the Declaration stating
that nothing in the Declaration cay be construed as permitting any activity contrary to the purposes
and principles of the United Nations, including sovereign equality, territorial integrity and political
independence of states.
While the Declaration uses the expression “rights of persons belonging to minorities, the
Commentary emphasized that many of these rights can only be enjoyed if they are exercised in
community with other persons belonging to the same minority.
And if you examine more closely the text, you will see that the duties of states set out in the
Declaration are at least in part formulated as duties towards minorities as collective groups.
Third: Some comments on the significance of the Declaration and on education for
multiculturalism and interculturalism.
The overarching focus of the minority declaration is to give space for pluralism in the process of
integration of society. Integration is a necessary task for any society in order to make it possible to
develop a cohesive society where everyone can enjoy their full range of human rights, civil and
political as well as economic, social and cultural rights. This comes clearly through in the preamble
of the Declaration. But the important role of the Declaration is to ensure that there is sufficient
space, during the process of integration and as an outcome of integration, to enjoy pluralism and
diversity.
First and foremost, the Declaration in its Article 1 imposes a duty on all states to protect the
existence of their minorities and their national or ethnic, religious and linguistic identity, and to
encourage conditions for the promotion of that identity.
As previously noted, in 1948 the General Assembly had concluded that it had been found to be too
difficult to find a uniform solution for situations involving minorities, which have special aspects in
each State in which it arises. The declaration had therefore to be very flexible. You will see that the