The Chair of the fifth session of the Forum on Minority Issues, Ms. Soyata Maiga,
first reminded all participants that the Forum provides a unique venue for dialogue,
exchange of experiences and constructive cooperation in bolstering minority rights and
promoting implementation of the Declaration. She underlined that the Forum has now
established itself as a unique opportunity for all stakeholders to share experiences and
promote good practices with regard to the rights of persons belonging to minorities.
Stressing that the Declaration’s anniversary offered an opportunity to celebrate the
positive results since its adoption, she encouraged all regional inter-governmental human
rights mechanisms to multiply their efforts with a view to ensure heightened attention to
minority issues, including through awareness-raising campaigns, promotion of the
Declaration and mainstreaming of minority issues in their activities and programmes.
The Chair also explained the format of the discussions and underlined that all
interventions should be focused on the draft recommendations and the identification of
challenges and problems facing minorities and States, good practices and the
consideration of opportunities, initiatives and solutions. She encouraged all participants
to show respect for others’ views while inviting them to exercise decorum. She further
underlined that, given that the principal nature of the Forum is to be a platform for
dialogue, the organisers would not seek to negotiate or adopt the final content of the
recommendations, rather all contributions would be collected and considered in details
and the final thematic recommendations presented to the Human Rights Council at its
22nd Regular Session in March 2013.
Item II. The Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities: 20 years on
Under this agenda item, minority rights experts, including those involved in drafting the
Declaration, reflected upon this key document and how it has lived up to the expectations since its
adoption. Issues for consideration included the global situation of minorities, progress made,
remaining and new challenges and the role of the Declaration in addressing them.
Mr Patrick Thornberry, member of the Committee on the Elimination of Racial
Discrimination (CERD), presented on “Some controversies in the Drafting of the
Declaration: A Personal Recollection”. He recalled the background to the Declaration,
commented on the drafting process, reflected on where the Declaration stands twenty
years on and illustrated how concepts in the Declaration have been utilised by CERD
under the Convention on the Elimination of Racial Discrimination.
Mr Asbjorn Eide, former Chairman of the United Nations Working Group on
Minorities, presented on “The Declaration and its Commentary”. He gave a brief
overview of the origin, context and process underlying the adoption of the Declaration
followed by a few words on the points highlighted in the Commentary thereto. He
underlined that, while the Declaration uses the expression “rights of persons belonging to
minorities”, the Commentary emphasised that many of these rights can only be enjoyed if
they are exercised in community with other persons belonging to the same minority. He
further underlined that a closer look at the text demonstrated that the duties of States set
out in the Declaration are at least in part formulated as duties towards minorities as
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