A/HRC/34/53
IV. Conclusions and recommendations
91.
The Special Rapporteur is concerned that, with increasing hate speech,
xenophobic rhetoric and incitement to hatred against minorities, coupled with the rise
of extremists and far-right political parties, the progress achieved during the past
decades in the field of minority rights protection is under threat. Therefore, she urges
that swift and concrete guarantees be put in place to preserve those achievements and
to allow further improvement. Such guarantees must come in the form of
strengthened legislative and institutional frameworks for minority rights protection,
as well as demonstrating an unequivocal political will to foster conditions for a
cohesive society where there is unity in diversity.
92.
The Special Rapporteur calls upon States to review their respective domestic
legislation to ensure that it is fully in line with the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. She
recalls the four pillars of minority rights protection that should be reflected in those
laws: (a) the protection of a minority’s survival by combating violence against its
members and preventing genocide; (b) the protection and promotion of the cultural
identity of minority groups, and their right to enjoy their collective identity and to
reject forced assimilation; (c) the guarantee of the rights to non-discrimination and
equality, including ending structural or systemic discrimination and the promotion of
affirmative action, when required; (d) the right to effective participation of minorities
in public life and in decisions that affect them. The Special Rapporteur wishes to
stress that merely having non-discrimination clauses, according to which all members
of the society are to be treated equally, without the aforementioned additional
guarantees have often proven insufficient for effective protection of disadvantaged
minorities.
93.
The Special Rapporteur has observed challenges to the use of the term
“minority” for certain distinct communities, either because they reject being referred
as minorities on the basis of a perceived negative connotation, or because they selfidentify as minorities but the State refuses to recognize them as such. She considers
that further awareness-raising is required to fully convey the meaning, scope and
implications of the term “minority”, so that it can be reclaimed and used with the
empowering intent it actually holds. Moreover, she recalls that the existence of an
ethnic, religious or linguistic minority in a given State does not depend upon a
decision by the Government but needs to be established by objective criteria.
Members of those minorities need not be nationals or citizens, or even permanent
residents. Therefore, she encourages States to be as inclusive as possible when
designing protection measures for all disadvantaged minorities within their
territories, including migrant workers and newly arrived minorities.
94.
The Special Rapporteur is concerned that minorities are often
disproportionately affected by statelessness as a result of discriminatory nationality
and citizenship legislation that may deny citizenship for some ethnic, linguistic, racial
or religious groups or deprive them of citizenship. Today, at least 10 million people
around the world are denied a nationality and, although there are no disaggregated
data, estimates indicate that many, if not most, of them belong to minority
communities. Therefore, she welcomes current United Nations efforts, including the I
Belong campaign to end statelessness of the Office of the United Nations High
Commissioner for Refugees, and urges Member States to pledge their full support and
cooperation so statelessness can be ended and so that it will not be a further source of
stigmatization and discrimination against minorities.
19