2
The proposed draft convention and its protocols define the meaning of the human rights of minorities and establish
an agenda of action for their realisation in the civil, political, economic, social and cultural spheres, applying a
gender perspective and intersectionality analytical framework.
They are also innovative in a number of ways, covering relatively new areas of human rights concerns such as hate
speech in social media which overwhelmingly targets minorities, ways to tackle statelessness which again
overwhelmingly impacts on minorities globally, and environmental justice provisions. It also innovates in proposing
in articles 64-65 new collaborative approaches and assistance for States Parties in implementing their human
rights obligations under the convention.
An extensive possible preamble for the convention is also proposed at the end of this annex.
The States Parties to the present Convention,
[…]
Have agreed as follows:
Part I
Article 1
Every person belonging to a national or ethnic, religious or belief and linguistic minority
(hereinafter ‘a minority’ or ‘minorities’) shall have the right to the full enjoyment, individually
and collectively, of all human rights and fundamental freedoms as recognized in the Charter of
the United Nations, the Universal Declaration of Human Rights and other international human
rights law, including those specifically recognised for minorities in this convention.
Article 2
1. Every person belonging to a minority shall have the right freely to choose to be treated or
not to be treated as such and no disadvantage shall result from this choice or from the exercise
of the rights which are connected to that choice.
2. Self-identification of persons belonging to a minority shall be regarded as a fundamental
element under this Convention.
Article 3
1. The existence of a minority is a factual determination based on objective criteria such as
ethnicity, religion or belief, culture or language, or a combination thereof. It is not dependent
on official status, recognition or acknowledgment.
Ethnic, Religious and Linguistic Minorities, UN Declaration on the Rights of Peasants and Other People Working in Rural
Areas, the African Charter on Human and Peoples’ Rights, UN Covenant on Civil and Political Rights, UNESCO
Convention against Discrimination in Education, UNESCO Convention against Discrimination in Education, 2001
UNESCO Universal Declaration on Cultural Diversity, the 2003 UNESCO Convention for the Safeguarding of the
Intangible Cultural Heritage, and the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of
Cultural Expressions, Declaration on the Elimination of All Forms on Intolerance and of Discrimination Based on Religion
or Belief, Draft Declaration on the promotion, protection and full respect of the human rights of people of African Descent,
Draft Principles and Guidelines for the Effective Elimination of Discrimination Based on Work and Descent,
Recommendations of the UN Forum on Minority Issues and Recommendations from the regional forums convened by
the UN Special Rapporteur on Minority Issues (2019-2022).