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Second on Equality. Equality means the equal, or non-discriminatory, treatment of all
persons under the jurisdiction of any UN member State. Neither within the Law, nor
before the law. Let me at the onset remind everyone that non-discrimination not only
consists of avoiding of treating differently persons in the same situation, but also and
as well as avoiding to treat equally persons in different situations.
Persons belonging to minorities are not in the same situation as those belonging to
the majority/dominant part of society. This principle is enshrined in art. 26 ICCPR which
reads: “All persons are equal before the law and are entitled without any discrimination
to the equal protection of the law. In this respect, the law shall prohibit any
discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.”
As the wording of this article clearly shows, no discrimination must be completed by
“effective protection against discrimination”. Therefore, equality means that persons
belonging to a minority should be treated both equally and differently than persons
belonging to the majority / dominant part of society. This is a requirement stemming
from the principles of equality and non-discrimination.
Third, on Social Inclusion, and Socio-economic Participation. As we just looked
at art. 26 ICCPR, it makes it easy to slide to art. 27 of that same Covenant, which as
you all know, is devoted to minorities. Actually, the point is not to look at art. 27 ICCPR,
but to take note that there is no equivalent, or for that matter any specific, article in the
International Covenant on Economic, Social and Cultural Rights as regard minorities.
Nonetheless, discriminations incurred by persons belonging to minorities often take
place in the socio-economic sphere.
This is why, despite the absence of specific provisions on socio-economic rights of
persons belonging to minorities, and in the spirit of the 1993 Vienna Declaration on
Human Rights, which stated that “all human rights are universal, indivisible and
interdependent and interrelated” and that “ The international community must treat
human rights globally in a fair and equal manner, on the same footing, and with the
same emphasis”, we (the former mandate holder and myself) agreed to devote this
16th edition of the Forum on minority issues to social inclusion and socio-economic