A/CONF.189/PC.1/7
page 48
70
The Kosovar population of Albanian origin seems to fall into one or more of the groups
protected by the 1948 Convention and the Statute of the Tribunal, as either an ethnic group,
national minority or racial and religious group.
71
Glaser, op. cit., p. 109.
72
See Isse Omanga Bokatola, “The United Nations Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities”, Rev. Gen. Dr. In. Pub.,
1993, pp. 745-765.
73
This is the case in Europe. See above, concepts used by the International Criminal Tribunal
for the Former Yugoslavia (Bosnian Muslim, Bosnian Croat, national group, etc.).
74
Article 1, paragraph 1 of the Convention on the Elimination of All Forms of Racial
Discrimination of 21 December 1965 and article 2, paragraph 1 of the Covenant on Civil and
Political Rights also apply to non-citizens of a State (see Convention, art. 1, para. 2); hence their
protection exceeds that of minorities (in the meaning of article 27 of the Covenant) whose
members are citizens of a State.
75
Article 5, paragraph 1 (c) sets forth the right of “national minorities to carry on their own
educational activities...”. See also articles 18, paragraph 4, and 27 of the Covenant, which, read
in conjunction with the UNESCO Convention, provide an overlap between race and religion
with regard to education and teaching.
76
See article 1 (a). Also see article 1 of the Convention on the Means of Prohibiting and
Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of
24 April 1972. The Convention recommends that States parties should foster in the members of
their armed forces “a spirit of respect for the culture and cultural property of all peoples” (art.7,
para. 1).
77
See Capotorti, op. cit., para. 215.
78
In this respect, the Declaration of the Principles of International Cultural Cooperation of
4 November 1966, article 1, paragraph 1 of which essentially places minority cultures and the
majority culture on an equal footing, stipulates: “Each culture has a dignity and value which
must be respected and preserved”.
79
See preambular paragraphs 3 and 7 and articles 1, 14, 29 and 30.
80
Article 30 is drafted in the same terms as article 27 of the Covenant, except that it makes a
distinction between ethnic, religious or linguistic minorities and persons of indigenous origin.
81
The United Nations and the International Labour Organization (ILO) take this definition as a
basis for protecting these peoples. See ILO Convention (No. 169) concerning Indigenous and
Tribal Peoples in Independent Countries; chap. 26 of Agenda 21, “Recognizing and
strengthening the role of indigenous people and their communities”, adopted by the