A/80/186
women 16 and youth 17 are included and receive special attention. This “expunging” of
minorities led the previous mandate holder to conclude that, “[i]n short, minorities
are the last major group at the United Nations with no specific mechanism or initiative
to strengthen the discussion and protection of their human rights […] ”. 18 That
conclusion needs to be qualified, because the non-inclusion of minorities in those
documents is the result of intergovernmental decisions, whereas there are some
initiatives within the United Nations that are specifically aimed at minorities (see
paras. 58–62).
32. Accordingly, as the Secretary-General said at the high-level event to mark the
thirtieth anniversary of the adoption of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities, it is high time
that Member States step up to protect minorities and make the Declaration a reality
for minorities everywhere. 19 The United Nations and its Member States, however,
have never acknowledged and recognized the need for a proper space for minority
issues, despite decades of work in the Subcommission on Prevention of
Discrimination and Protection of Minorities, the inclu sion in article 27 of the
International Covenant on Civil and Political Rights of a provision on minority rights,
the adoption of the Declaration on the Rights of Persons belonging to National or
Ethnic, Religious or Linguistic Minorities in 1992, the crea tion by the Commission
on Human Rights of the mandate of Special Rapporteur on minority issues in 2006
(Commission on Human Rights resolution 2005/79) and the creation by the Human
Rights Council of the Forum on Minority Issues in 2007.
33. Given that the entire multilateral system is under reconstruction, the Special
Rapporteur believes that the emerging new system presents an opportunity to rethink,
reframe and revitalize a proper approach to minority issues within the framework of
a transformed United Nations. This task is naturally for sovereign Member States,
rather than institutions or a mandate created by those States. The Special Rapporteur
believes that it is now an appropriate time to make recommendations on the way to
ensure that minority issues will be better addressed in the future. As noted in
paragraph 29, the Secretary-General calls on States Members, not United Nations
staff or mandate holders, to live up to the commitments that they made. In that
connection, the Special Rapporteur wishes to remind States that, in article 1 of the
Declaration on the Rights of Persons belonging to National or Ethnic, Religious or
Linguistic Minorities, they made a commitment to “protect the existence and the
national or ethnic, cultural, religious and linguistic identity of minorities” and to
“encourage conditions for the promotion of that identity ”. Although it is true that this
commitment relates directly to “minorities within their respective territories”, failing
to recognize the existence and identity of minorities in an international protection
regime does negatively affect minorities within their respective territories.
34. In the context of a major shift in the multilateral system, the highest degree of
recognition for minorities in the United Nations architecture would come through the
adoption of a framework treaty 20 for the protection of minorities. The previous
mandate holder, after holding consultations with civil society organizations and
academics, included a proposed draft treaty in the annex to his 2023 report to the
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16
17
18
19
20
8/21
Ibid., preamble, and paras. 3, 20, 24, 35, 37 and 51, and Goals 1.2, 1.4, 2.2, 2.3, 4.3, 4.6, 5, 6.2,
8.5, 8.8, 11.2, 11.7 and 13b.
Ibid., paras. 14, 23, 25 and 27, and Goals 4.4, 4.6, 8.6, 8.b and 13.b.
A/HRC/52/27 para. 42.
See footnote 5 above.
A framework treaty would be more suitable than a regular treaty because, as the General Assembly
stated in its resolution 217 C (III) with regard to minorities, “it is difficult to adopt a uniform
solution of this complex and delicate question, which has special aspects in each State in which it
arises”. A framework treaty would allow general principles to be established for all parties and
then adapted to the specificities of national situations.
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