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.