21
Optional Protocol to the Convention on the Rights of Minorities, on a communication
and reporting mechanism
The States Parties to the present Protocol,
Considering that in order further to achieve the purposes of the Convention on the Rights of
Minorities (hereinafter referred to as the Convention) and the implementation of its provisions
it would be appropriate to enable the Committee on Minority Rights set up in the Convention
(hereinafter referred to as the Committee) to receive and consider, as provided in the present
Protocol, communications from individuals claiming to be victims of violations of any of the
rights set forth in the Convention.
Have agreed as follows:
Article 1
1. There shall be established a Committee on the Rights of Minorities (hereafter referred to as
“the Committee”), which shall carry out the functions hereinafter provided.
2. The Committee shall consist, at the time of entry into force of the present Convention, of
eight experts. After an additional thirty ratifications or accessions to the Convention, the
membership of the Committee shall increase by four members, attaining a maximum number
of twelve members.
3. The members of the Committee shall serve in their personal capacity and shall be of high
moral standing and recognized competence and experience in the field covered by the present
Convention.
4. The members of the Committee shall be elected by States Parties, consideration being given
to equitable geographical distribution, representation of the different forms of civilization and
of the principal legal systems, balanced gender representation and participation of experts
belonging to national or ethnic, religious or belief and linguistic minorities.
5. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by the States Parties from among their nationals at meetings of the Conference of
States Parties. At those meetings, for which two thirds of States Parties shall constitute a
quorum, the persons elected to the Committee shall be those who obtain the largest number of
votes and an absolute majority of the votes of the representatives of States Parties present and
voting.
6. The first election shall be held no later than six months after the date of entry into force of
the present Convention. At least four months before the date of each election, the SecretaryGeneral of the United Nations shall address a letter to the States Parties inviting them to submit
the nominations within two months. The Secretary-General shall subsequently prepare a list in
alphabetical order of all persons thus nominated, indicating the State Parties which have
nominated them, and shall submit it to the States Parties to the present Convention.
7. The members of the Committee shall be elected for a term of four years. They shall be eligible
for re-election once. However, the term of six of the members elected at the first election shall
expire at the end of two years; immediately after the first election, the names of these six
members shall be chosen by lot by the chairperson of the meeting referred to in paragraph 5 of
this article.