A/CONF.189/PC.1/7
page 21
which was adopted on 10 November 1994 and entered into force on 1 February 1998 - the first
legally binding multilateral instrument devoted to national minorities.86 Although the
Convention sets out the principles of non-discrimination and protection of minorities in many
areas, it does little to clarify further the definition of the concept.87
II. FACTUAL ASPECTS OF AGGRAVATED DISCRIMINATION
73.
We shall first attempt to provide a system of classification for the discrimination under
review before moving on to an examination of its content and scope.
A. Tentative system of classification
74.
The factual aspects of the overlap between race and religion and of the aggravated
discrimination that may result from it pose a problem of identification, hence classification.
There are two obvious hypotheses, one at each extreme.
75.
The first is the typical example of aggravated discrimination; it can affect persons of
different races and religions from the majority or from other minorities in a given country. This
is the case, for example, of discrimination against black Muslims in a white Christian country. It
can also be the case of white Christians in a black or non-white country where there are many
non-Christian religions. It can also be the case of white Jews in a non-white, non-Jewish
country.88 Lastly, it can be the case of discrimination against indigenous populations whose
beliefs and physical characteristics are different from those of the rest of the population.
76.
At the other extreme are the single forms of discrimination which are based exclusively
on religion or on exclusively racial considerations. Typical examples are discrimination against
members of new religious, or purportedly religious, movements,89 or discrimination against
individuals of the same faith as the majority of the population but who are clearly of a different
race.90
77.
Between these two extremes there is an extraordinary variety of intermediate situations in
which it is very difficult to distinguish the contribution of religion and racial factors to the root
causes of tension, conflicts, discrimination and persecution of people either as individuals or
because of their membership of a minority. This variety is all the more complex because other
factors often come into play which make it even more difficult to understand what is actually
involved. Consequently, any attempt to provide a system of classification will be all the more
difficult because the impressive number and complexity of racial, ethnic and religious minorities
in the world is bound to result in intersections and meeting points between race and religion.
78.
Several classifications can therefore be proposed, although it is important to note that
whichever one is chosen, its value will be relative. Our interest here is basically of a pedagogical
nature, aimed at gaining a better grasp of the various forms of aggravated discrimination and
understanding how they are distributed in order to combat them more effectively.
79.
The first classification system, which is one based on geographical criteria (country,
group of countries, area, continent, etc.), does not seem relevant to us. The choices are likely to
be arbitrary and the methodology flawed (needless repetition, etc.).