A/CONF.189/PC.1/7 page 43 20 For example: minority (Belgium, art. 11; Hungary, Act of 1993; India, art. 29); ethnic origin (Bulgaria, art. 6; Togo, art. 7); ethnic minority (Viet Nam, art. 5); community (Cyprus, art. 2; Benin, art. 11); indigenous minority (Canadian Charter of Rights and Freedoms, 1982, art. 15); indigenous people (Chile, Act of 1991). 21 See also article 62, pursuant to which the Economic and Social Council may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all. 22 Aside from the fact that protection of minorities is a factor in domestic and international peace and stability, recognition of minorities and other ethnic and religious groups does not imply in any way a return to the principle of nationalities, or a redrawing of State borders; that period should be regarded as over and done with. See Malinverni, op. cit. pp. 158-159; Bruno de Witte, “Minorités nationales: reconnaissance et protection”, Revue Pouvoirs, 1991, vol. 57, p. 117. 23 See, for example, article 8, paragraph 4, of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 18 December 1992; article 1, paragraph 2, of the draft Convention for the Protection of Minorities, drawn up by the European Commission for Democracy through Law, of 8 February 1991 and article 21 of the Framework Convention for the Protection of National Minorities, adopted by the Committee of Ministers of the Council of Europe on 10 November 1994. 24 The International Covenant on Economic, Social and Cultural Rights contains a provision (art. 2, para. 2) which corresponds word for word to the provision cited above from the Universal Declaration of Human Rights of 1948 (art. 2, para. 1). 25 “Each State party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (International Covenant on Civil and Political Rights, art. 2, para.1). 26 Human Rights Committee, General Comment 18, paras. 6 and 7 (HRI/GEN/1/Rev.3). See below for an analysis of the relevant provisions of the 1965 Convention. The Committee also refers to article 1 of the Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979. 27 The words “such as” and the expression “other status” in article 2, paragraph 1, and in other provisions of the Covenant (particularly article 26) allow this extrapolation to be made. 28 See Yacoub, op. cit., pp. 72-73. Y. Ben Achour, “Souveraineté et protection internationale des minorités”, RCADI, 1994, T. 245, pp. 348 and 351.

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