To further the protection of minorities in accordance with the principle of
non-discrimination, they should have equal access to social services, and
to employment in the public and private sectors, including through positive
action. In many instances, the root causes of human rights violations are
found in the inequalities between groups in their enjoyment of economic,
social and cultural rights. Due regard must, therefore, be paid to the
implementation of the International Convention on the Elimination of All
Forms of Racial Discrimination and the International Covenant on Economic,
Social and Cultural Rights. It is particularly important to pay attention
to the situation of persons belonging to minorities when developing,
implementing and evaluating poverty reduction programmes, and working
towards achieving the Millennium Development Goals (MDGs). Moreover,
measures for minorities to effectively participate in and be consulted on
development and economic projects should be adopted and the impact of
such projects on persons belonging to minorities assessed.
Individuals must not be subjected to discrimination for manifesting their group
identity. The importance of this principle is captured in the Commentary of
the Working Group on Minorities as follows: “Governments or persons
belonging to majorities are often tolerant of persons of other national or
ethnic origins until such time as the latter assert their own identity, language
and traditions. It is often only when they assert their rights as persons
belonging to a group that discrimination or persecution starts.”9
More recently, the Committee on Economic, Social and Cultural Rights
adopted general comment No. 20 (2009), which provides guidance
on the obligation of States parties to guarantee non-discrimination in the
exercise of each of the economic, social and cultural rights enshrined
in the Covenant. It spells out various distinctions in the manifestation of
discrimination. It clarifies how formal and substantive discrimination,
direct and indirect forms of differential treatment, and discrimination in the
private and public spheres can amount to a violation of article 2 (2) of the
Covenant. As an example of indirect discrimination, it notes that requiring
a birth registration certificate for school enrolment may discriminate
against ethnic minorities or non-nationals who do not possess, or have
been denied, such certificates.
The 2001 Durban Declaration and Programme of Action of the World
Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance provides an innovative anti-discrimination agenda
with specific reference to Africans and people of African descent, Asians
and persons of Asian descent, indigenous peoples, migrants, refugees,
minorities, the Roma and others. Regarding people of African descent in
particular, the World Conference, in its Programme of Action, specifically
“requests the Commission on Human Rights to consider establishing a
9
E/CN.4/Sub.2/AC.5/2005/2, para. 53.
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