A/75/211
linguistic minority. The same could be said for Hutterites in Paraguay, Russians in
Latvia and Copts in Egypt.
36. The second issue refers to matters of self-identity, where individuals can freely
choose to belong to an ethnic, religious or linguistic minority. In addition to an
individual belonging at the same time to more than one ethnic, linguistic or even
religious group, a person may also choose to change or set aside one or more forms
of identification. Individuals may, for example, convert to a different faith or system
of beliefs or join or leave a particular linguistic or cultural community. This is not
necessarily a “one-way street” from minorities to majorities: individuals who identify
with a majority culture, religion or language can also choose to belong to a minority
culture, religion or linguistic community for a variety of reasons, such as through
greater identification with or preference for the minority identity, through marriage
or family connections, or because it is the community where they live and often
associate with, etc.
37. Other dimensions to the issue can include formal or State-supported or permitted
obstacles to the free choice of persons to belong to an ethnic, religious or lingu istic
minority. Individuals may be denied the right to “freely belong” to a minority in
certain contexts, such as where public authorities:
(a)
Claim that a minority culture, religion or language “does not exist”;
(b) Prohibit membership of a minority culture, religion or language (as when
conversions are prohibited);
(c) Deny official recognition or status to a minority culture, religion or
language group or organization, thus preventing direct or indirect membership;
(d) Assert that individuals “do not sufficiently belong” to a minority, or even
where a minority community itself rejects an individual’s subjective statement of
belonging to that minority.
38. A more detailed description of the distinct barriers to an individual’s ability to
freely choose to belong to a minority are described in the sections below on specific
categories of minorities. Some of the barriers were mentioned in the submissions in
reference to religious minorities and, less often, to linguistic, ethnic and national
minorities.
39. The last barrier to free self-identification touches upon the broader issue of
whether there is an objective dimension to an individual ’s belonging to a particular
minority. While some observers simply point out that individuals are “free to choose”,
there has been little exploration of what that actually involves, that is, whether it is a
purely subjective matter (“I belong to a minority because I say I belong”) or whether
there needs to be an objective dimension, such as a demonstrable connection betw een
as individual’s subjective position and the community in question. In their wording,
the four United Nations instruments with specific provisions on minorities do not go
much beyond the simple affirmation that the individuals being considered need to b e
“persons who belong” to minorities.
40. The dimensions to this specific point include what the individual asserts, the
conduct of State authorities and how the minority community itself views subjective
claims by individuals of belonging to a minority. For example, this can obviously
occur in the context of a religious minority, where an individual can be excluded by
way of a formal decision to deny an individual membership of the group, or when a
person seeks certain benefits or advantages that might be connected with association
with an indigenous minority. There are of course many complexities and nuances,
some of which can be summarized as follows:
10/20
20-09835