A/49/415/Add.1
English
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on land access for their survival, and may find their land security
threatened by current processes of economic and social reform, including
land privatization. In such cases, procedures are needed to ensure that
vulnerable minorities receive fair and equal treatment under land reform
and privatization programmes."
IV.
CONCLUSIONS
106. In addition to conclusions and recommendations contained in the report of
the Secretary-General (A/49/415) and after some sections of chapter II of the
present report, the following conclusions can be drawn on the basis of the
replies that have been analysed.
107. It is difficult to form a full picture of guarantees of the rights embodied
in the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities by the States whose replies have been
considered above because some States (Denmark and Germany) described in detail
relevant legislation, policy and measures to that effect, while one State
(Belarus) only pointed out some of them. All replies, however, showed again
that non-discrimination and special measures leading to the equal enjoyment of
all human rights remained the basis for the protection of rights of persons
belong to minorities.
108. It should be pointed out that the States that sent replies, as parties to
the major United Nations conventions in the field of human rights, undertook to
be legally bound by the provisions of those treaties in their policies in this
field. In particular, they expressly undertook obligations as States parties to
respect and ensure the human rights embodied in those treaties as legal rules
without discrimination or "without distinction of any kind".
109. The Declaration expresses minimum standards relevant to all national or
ethnic, religious and linguistic minorities and applicable in all situations.
The States noted pertinent standards embodied in that instrument and have been
exploring ways and means of giving effective promotion to its provisions.
110. The replies were received mainly from European States, some of which, such
as Denmark and Germany, demonstrated greater possibilities of inter-State
cooperation through proximity. It would seem advisable that other States of the
CSCE region should make full use of the mechanisms and procedures now in
existence. States should also be advised to conclude bilateral treaties based
on universal and regional instruments on equality, non-discrimination and the
rights of persons belonging to minorities, including the Declaration of the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities.
Notes
1/
CERD/C/239/Add.1, art. 2.2.
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