1. Introduction
The aim of this guide is to demystify the human rights
mechanisms and procedures of the United Nations (UN)
and to demonstrate how minorities and minority nongovernmental organizations (NGOs) can use these tools to
promote respect for minority rights. The guide gives an
overview of the mechanisms available, highlights their
strengths and weaknesses as instruments for minorities to
use in their work, and emphasizes NGOs’ contributions.
There is no universally accepted definition of ‘minorities’, and the word is interpreted differently in different
societies. In this guide we do not attempt to define the term
‘minority’. In general, Minority Rights Group International
(MRG) uses a broad definition in its work: a group of people, usually a numerical minority (although sometimes a
majority) who are different from the dominant group(s) in
ethnic origin, language, religion, culture and status, and
who suffer prejudice, discrimination or exclusion. MRG
follows the principle of self-identification whereby a particular group may choose to identify itself as it wishes, including being a minority and/or indigenous people.
This guide concentrates on the UN. It does not deal
with specialized agencies such as the International Labour
Organization (ILO), the United Nations Development
Programme (UNDP) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), or
the regional human rights systems in Europe, Africa and
the Americas.1 Likewise, the guide does not aspire to be
comprehensive in its coverage of UN institutions, procedures, case law, General Comments, Resolutions, etc. It is
not a textbook, but points to available and feasible
avenues for minorities and NGOs pursuing cases and lobbying for change, with the emphasis on institutions and
monitoring mechanisms.
All the mechanisms described in the guide can and are
used by indigenous peoples as well as minorities. There
are additional mechanisms devoted to the concerns of
indigenous peoples. These include the Working Group on
Indigenous Populations, the Permanent Forum on Indigenous Issues and the Working Group on the Draft Declaration on the Rights of Indigenous Peoples. These mechanisms are not covered in this guide because it focuses
specifically on mechanisms for minorities. Comprehensive
information on the UN’s work with indigenous peoples,
can be found at: http://www.unhchr.ch/indigenous/
main.html or by contacting the Office of the High Commissioner for Human Rights (OHCHR) at the address
found in Annex 6.1.
4
United Nations
The UN is made up of states. Created in 1945, the UN’s
main principles are to ensure international peace and
security, to promote social and economic development,
and to encourage respect for human rights. It has a complex structure (see diagram overleaf for the structure of
the UN human rights system) with the General Assembly
(GA) being the highest body. The Security Council (SC)
is the body dealing with issues relating to international
peace and security. Although human rights are one of the
fundamental principles of the UN, the bodies dealing
with human rights are low in the hierarchy.
The UN secretariat is the UN civil service. The secretariat is mainly based in New York and provides support
to all the various UN bodies. The Secretary-General is the
most senior UN official. The Secretary-General appoints
the UN High Commissioner for Human Rights, the
highest human rights official in the organization. The
Office of the High Commissioner for Human Rights, the
secretariat to the human rights bodies, is mainly based in
Geneva. This geographical distance from New York where
the most powerful bodies (GA and SC) meet is often seen
as one reason why human rights issues are not given sufficient attention by the UN as a whole.
The role of NGOs in the UN
NGOs play a hugely important role in the work of the
UN. Their role includes:
• contributing to policy-making and legislative debates
at the international, regional and national levels;
• highlighting issues concerning violations and abuses
when governments and international organizations
tend to be ineffective or even silent;
• bringing such issues to the attention of monitoring
bodies operating under the auspices of international
and regional organizations;
• providing the bulk of the information available to the
various monitoring bodies and procedures, such as the
special procedures of the CHR for its fact-finding and
investigative activities, and the treaty-based bodies for
the examination of state reports;
• submitting cases on behalf of individuals to the communications procedures of the treaty bodies and special procedures;
• identifying needs for technical assistance projects and
contributing to their implementation;
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS