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.).

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