A/HRC/61/41
marginalization of minority communities, leading to forms of severe discrimination against
non-Han minorities, such as Tibetans or Uighurs.62
2.
Migration
77.
Despite most societies having become sedentary, people move. They may be forced
by dire living conditions in their place of origin (and in some narrowly defined cases they
may claim refugee status) or be attracted by better life prospects in other countries. When
settled in a significant number in their new country of residence, such groups become
minorities, whether recognized as such by State authorities or not, and minority issues arise.
Some public authorities recognize such situations and adapt their practices and regulatory
frameworks to accommodate these new minority groups. For example, Slovakia recognized
in 2023 the Vietnamese population as a national minority.63 At the local level, the city of San
Francisco, United States, since 2009, acknowledging the presence of numerous speakers of
minority languages in its constituency, issued a Language Access Ordinance, 64 which
requires city departments to provide language access services in four languages: English,
Spanish, Chinese and Tagalog (a language of the Philippines). Emerging minority issues are
not linked to the reasons for displacement. The situation of persons of African descent, who
were forcefully displaced as enslaved labourers in many countries worldwide, and especially
in the Americas, is also a minority issue. However, it is dealt with by another special
procedure mechanism65 and will therefore not be further considered in the present report.
3.
Decolonization
78.
Decolonization in the second half of the twentieth century, under the Charter of the
United Nations, was justified by the principle of self-determination of peoples.66 However,
in practice, it was rather territories (former colonies that kept colonial “administrative
borders”,67 according to the principle of uti possidetis68) that were decolonized, rather than
specific people exercising their right to self-determination. As a result, many of the States
that came into existence during this second wave of decolonization have State territories
encompassing several (and sometimes a myriad of) ethnic, religious or linguistic
communities, such as Nigeria, Cameroon, the Democratic Republic of the Congo 69 and
Zambia. Minority issues in this context therefore do not describe the relations between one
majoritarian group and some minority groups, but rather between groups within multi-ethnic
or multinational States. In that respect, many features of “minority rights” that have been
conceived and developed with the perspective of national minorities confronted with a
dominant national majority would deserve to be revisited to consider those very different
situations.
79.
The first wave of decolonization mostly took place during the nineteenth century, for
the benefit of colonist populations emancipating themselves from the metropolitan power.
That was the case in Australia, the United States and New Zealand, as well as in the most
southern part of the African continent. Except in Africa, where the power of former colonists
was successfully challenged in the 1990s, in the wake of the second wave of decolonization,
the marginalized communities facing minority issues in these decolonized countries are the
autochthonous populations, nowadays categorized as Indigenous Peoples. Despite facing
62
63
64
65
66
67
68
69
14
Fei Yan and Liz Jackson, “Nation building, citizenship education and ethnic minorities in Chinese
textbooks”, Citizenship Teaching and Learning, vol. 19, No. 2.
See www.dw.com/en/vietnam-slovakia-ties-to-improve-thanks-to-new-slovak-pm/a-68747303.
See https://media.api.sf.gov/documents/Language_Access_Ordinance-_Amended_June_2024.pdf.
Working Group of Experts on People of African Descent.
General Assembly resolution 1514 (XV) of 14 December 1960, entitled Declaration on the Granting
of Independence to Colonial Countries and Peoples.
See Nicolas Levrat, “La prise en considération de l’ordre juridique étatique dans la définition des
frontières internationales”, in Olivier Corten et al. (eds.), Démembrements d’États et délimitations
territoriales : l’uti possidetis en question(s), (Editions Bruylant, Bruxelles, 1999).
Olivier Corten, “Droit des peoples à disposer d’eux-mêmes et uti possidetis: deux faces d’une même
médaille ?” in Démembrements d’États et délimitations territoriales : l’uti possidetis en question(s).
United Nations Development Programme. “Marginalized minorities in development programming: a
resource guide and toolkit”, 2010.
GE.25-20927