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U N I T E D N AT I O N S M E C H A N I S M S F O R M I N O R I T Y P R O T E C T I O N
Special Rapporteur on minority issues
The mandate of the Special Rapporteur on minority issues was established by the Commission on Human Rights (the precursor to the Human Rights Council) on 21 April, 2005
by Resolution 2005/79. The mandate has been subsequently renewed several times.29
To date, there have been three Special Rapporteurs on minority issues: Gay McDougall
(2005-2011), Rita Izsák-Ndiaye (2011-2017), and Fernand de Varennes (2017-present).
The mandate of the Special Rapporteur includes the following objectives:
a) To promote the implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, including through consultations with Governments, taking into account existing international standards
and national legislation concerning minorities;
b) To examine ways and means of overcoming existing obstacles to the full and effective realization of the rights of persons belonging to minorities;
c) To identify best practices and possibilities for technical cooperation with the Office of
the High Commissioner, at the request of Governments;
d) To apply a gender perspective in his/her work;
e) To cooperate and coordinate closely, while avoiding duplication, with existing relevant
United Nations bodies, mandates and mechanisms and with regional organizations;
f) To take into account the views of and cooperate closely with nongovernmental organizations on matters pertaining to his/her mandate;
g) To guide the work of the Forum on Minority Issues, prepare its annual meetings, to
report on its thematic recommendations and to make recommendations for future
thematic subjects, as decided by the Human Rights Council in its resolution 19/23;
and
h) To submit an annual report on his/her activities to the Human Rights Council and to
the General Assembly, including recommendations for effective strategies for the
better implementation of the rights of persons belonging to national or ethnic, religious and linguistic minorities.30
Each Special Rapporteur identifies a number of thematic priorities for their mandate,
around which they focus their work and activities.
29
See Commission on Human Rights Resolution 2005/79, and Human Rights Council Resolutions 7/6, 16/6, 25/5, and 34/6.
30
Human Rights Council Resolution 25/5: Mandate of the Independent Expert on minority issues
U N I T E D N AT I O N S M E C H A N I S M S F O R M I N O R I T Y P R O T E C T I O N
The Special Rapporteur employs several methods of work in the fulfillment of his mandate.
He may solicit and receive information on minority issues from a wide range of stakeholders, including states, intergovernmental organizations, UN agencies, NGOs, and minority
representatives. Based on the information received, the Special Rapporteur will issue
communications to states regarding the implementation of the UNDM. Communications
may address individual cases of alleged violations of the human rights of minorities, or information concerning the general situation of minority rights in a state. In certain cases, the
Special Rapporteur may issue urgent appeals when the alleged violations may involve loss
of life or other grave damage to the victims. In connection with such communications, the
Office of the High Commissioner for Human Rights launched an online tool to facilitate
the effective submission of information on human rights violations. The tool guides users
through its steps and details what information should be provided to allow the Special
Rapporteur to properly assess a case. Submissions may also be sent directly to the mandate if the OHCHR’s online tool is not accessible.
The Special Rapporteur is also responsible for submitting and presenting annual reports to
the Human Rights Council and the General Assembly. The reports provide an overview of the
activities undertaken by the Special Rapporteur over the course of the year. In addition,
the reports generally have a focus on a specific issue relevant to the human rights of minorities. Recent thematic foci have included “hate speech, social media, and minorities”,
“education, language, and the human rights of minorities”, and “statelessness as a minority
issue”.
The Special Rapporteur may undertake country visits at the invitation of states in order
to consult with governments on the promotion and protection of minority rights and the
implementation of the UNDM. The Special Rapporteur generally conducts two country
visits per year, during the course of which he meets with government officials, members
of the legislature and judiciary, and representatives of UN agencies, civil society, and minority associations and communities. The Special Rapporteur will examine national laws,
policies, and practices related to minority issues, and provide recommendations on how to
further promote the effective implementation of the UNDM. Pursuant to each country
visit, the Special Rapporteur also publishes a report on the visit, which includes his assessment of laws and policies affecting minorities, an overview of the situation of minorities
in the country and the main issues affecting them, as well as conclusions and recommendations to the government concerned.
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