A/68/268 cultural 18 and ethnic characteristics. However, religious minorities are routinely denied access to those legislative provisions. Indeed, in some States it is imperative that existing constitutions and laws be reviewed and amended in order to abolish discriminatory provisions that have direct or indirect negative impact on religious minorities. 66. The State also has due diligence obligations with regard to the enjoyment of human rights. Those obligations relate to preventing violations and protecting persons from them. When violations have occurred, the State has the obligation to appropriately investigate, to compensate victims and to exert serious efforts to prevent repetition. The prevention of violations relates to those carried out by non-State actors and even in the private sphere. 67. The Independent Expert, in her previous report (A/67/293) highlighted the fact that institutional attention to the rights of minorities is the logical next step from legislation to implementation and positive action, and is essential for the protection and promotion of minority rights. Relevant governmental ministries, national human rights institutions and other national bodies as well as civil society groups should institutionalize expertise on minority issues and minority rights as a means of promoting action and minority rights implementation. For religious minorities this may include such components as specific sections, units or departments with responsibility in areas related to religious minorities or, at a minimum, the recruitment of appropriate experts and advisers from religious minority communities to act in advisory capacities. 8. Participation 68. The imperative for the participation of religious minorities is upheld in the Declaration, which calls upon the State to enable minorities to “participate effectively in cultural, religious, social, economic and public life” (art. 2, para. 2), to “participate effectively in decisions on the national and, where appropriate, regional level” (art. 2, para. 3); and highlights that “States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country” (art. 4, para. 5). 69. Despite those provisions, evidence from all regions indicates that religious minorities may face particular and persistent barriers to their participation in all aspects of civil, cultural, economic, social, political and public life. Long-standing patterns of discrimination and unequal treatment may gradually lead to religious minorities themselves internalizing their status as “others”. This may lead to an intergenerational burden of exclusion, which is highly prevalent in many States and may lead to a lack of engagement of religious minorities with wider society and public life that is counter to the objective of positive integration. 70. Religious minorities should consider strategies for constructive resilience in the face of persecution and project a positive role in their rehabilitation as equals in society where possible. This does not absolve States of their responsibility, but can nevertheless precipitate positive social developments in society at large. Indeed, Governments should lead by example by adopting measures, including affirmative __________________ 18 13-41869 Communications reports of Special Procedures, A/HRC/22/67, p. 68, CHN8/2012, regarding alleged forbidding of the marking of certain religious holidays and celebrations, arrest of pilgrims and undermining of culture and expression. 17/23

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