A/50/514
English
Page 15
B.
Committee on the Elimination of Racial Discrimination
53. While the International Convention on the Elimination of All Forms of
Racial Discrimination does not contain any article aimed specifically at the
promotion and protection of the rights of minorities, article 2(2) is of
relevance to ethnic or racial groups as it imposes an obligation on States
parties to undertake affirmative action in respect of groups which have suffered
from discriminatory practices. According to article 2(2) States must take
affirmative action "when the circumstances so warrant". In respect of the
applicability of this article in situations where the Government concerned
denies the identity or existence of a particular group, it seems that the
practice of the Committee on the Elimination of Racial Discrimination tends
towards the applicability of broad criteria of assessment.
54. At its forty-sixth session in March 1995, the Committee considered the
question of the nature of the right to self-determination of ethnic or religious
groups or minorities. During the discussion, the view was expressed that
Governments should, in accordance with article 2(2) of the Convention, be
sensitive to the aspirations of ethnic groups, particularly their rights to lead
lives of dignity, to preserve their cultures, to share equitably in the fruits
of national growth and to play their part in the government of the countries of
which their members are citizens. Governments should consider, within their
respective constitutional frameworks, vesting ethnic or linguistic groups of
their citizens, with the affairs which are particularly relevant to the
preservation of the identities of such groups. The Committee expressed its
opposition to the fragmentation of States and stressed the importance of
adhering to the principles of international law concerning secession.
55. At its forty-sixth session in March 1995 and its forty-seventh session in
August 1995, the Committee considered periodic reports submitted by States
parties and made observations on the various measures undertaken by certain
States with a view to the promotion of racial or ethnic tolerance among
communities. Particular measures were referred to in the concluding
observations with regard to the periodic reports of, among others, Belarus,
Croatia, Guatemala, Italy, New Zealand, Nicaragua, Nigeria, Romania, Sri Lanka
and the United Arab Emirates. The Committee adopted two decisions on Burundi
6(46) and 1(47), one on Rwanda 7(46), two on Papua New Guinea 8(46) and 3(47)
and one on Bosnia and Herzegovina 2(47).
VI.
SPECIAL RAPPORTEURS
56. In a number of cases, special rapporteurs appointed by United Nations human
rights organs to investigate human rights situations in specific regions and
countries and on thematic issues have addressed the rights of persons belonging
to national or ethnic, religious and linguistic minorities within their mandates
or have been confronted with violations of the rights of persons belonging to
minorities.
57. The Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, Mr. Maurice Glèlè-Ahanhanzo,
in his report to the Commission at its fifty-first session (E/CN.4/1995/78)
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