A/HRC/52/27
rights for minorities.18 It is perhaps no coincidence that, until late in 2022, the civil society
organization that was denied consultative status with the Economic and Social Council for
the longest period – 14 years – was the International Dalit Solidarity Network, a minority
non-governmental organization.
44.
Contributions in response to the call for submissions for the present thematic report
received by the Special Rapporteur and the discussions and views expressed in regional
forums on minority issues in 2022 seem to confirm the concerns of many minorities that, in
the absence of effective measures for their protection, some States are able to oppose further
progress on minority issues at the United Nations. The former High Commissioner for
Human Rights, Michelle Bachelet, stepped down without seeking to extend her term for a
second mandate when it ended in late August 2022; some felt because of how minority issues
were being dealt with. On the one hand, following her visit to the Xinjiang Uighur
Autonomous Region, the High Commissioner, and the statement she issued at the end of the
visit, were criticized by human rights activists for failing to condemn more forcefully the
incarceration of perhaps one million persons belonging mainly to the region’s Uighur and
Muslim minorities and other grave allegations of human rights violations. Also a target of
criticism was the long delay in releasing her office’s more general assessment of the human
rights situation in the region19 – a report that the High Commissioner only released minutes
before stepping down. On the other hand, comments received by the Special Rapporteur
suggested that the refusal to release the report by OHCHR on Xinjiang, which was much
more critical and detailed than the statement, until minutes before the High Commissioner
stepped down was clear evidence of how a powerful State could silence even United Nations
institutions, in the absence of more robust measures for the protection of minorities.
45.
Some 30 years after the adoption of the Declaration and 75 years after the General
Assembly affirmed in a resolution that the United Nations could not remain indifferent to the
fate of minorities and needed to take effective measures for their protection, the Organization
seems to remain indifferent and the effective measures have never materialized: many of the
United Nations institutions seem indifferent to minority issues, with minorities remaining
largely “left behind” at the Organization when one considers the various initiatives and
measures in place institutionally: no treaty, no permanent forum,20 no voluntary fund,21 no
international decade or year, no mainstreaming of their human rights, no or little reference to
them when they are the most affected or marginalized, and so on.
46.
The phrase “nature abhors a vacuum” might best describe the current situation. While
the human rights architecture can still respond – if somewhat timidly – some States appear
resistant to any focus on minorities. The reasons for such sensitivity may be to avoid scrutiny
of their own treatment of minorities, or because they view minority concerns as purely
internal and sensitive matters, or even because they still hold the view that minorities are a
problem that should not be an issue of attention outside of a State’s own borders. Whatever
the reasons, the vacuum created at the United Nations by not focusing more on this group
and adopting further measures for the effective protection of their rights, as the Organization
has been doing for other marginalized groups, allows States to “fill in” the gap and to more
easily ignore or even instrumentalize minority issues.
47.
As minorities have no platform such as a permanent forum – and only the rather
meagre two-day Forum on Minority Issues, held in Geneva once a year, any specific treaty
mechanisms or financial support through a voluntary fund, or other institutional structures,
as do other marginalized groups, they are largely invisible and inaudible at the United
Nations. Indeed, even the meagre measures in place seem “second class” when compared
18
19
20
21
John Packer and Erik Friberg, “Genocide and minorities: preventing the preventable” (London,
Minority Rights Group International, 2004), p. 1: “[Some States] believe that implementing the rights
of persons belonging to minorities may fuel conflicts, and that the best way to maintain unity is to
suppress minority identities, limit their participation and hope their voices will fade as they are
absorbed or overwhelmed by the majority.”
See https://www.ohchr.org/sites/default/files/documents/countries/2022-08-31/22-08-31-finalassesment.pdf.
A/77/246, para. 61.
Ibid., para. 54.
11