A/CONF.189/PC.2/22
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(g)
Regional instruments
69.
In this connection, four texts concerning three regions, namely the Americas, Europe and
Africa, should be mentioned:
(h)
(i)
The additional Protocol to the American Convention on Human Rights in the
Area of Economic, Social and Cultural Rights of 17 November 1988 (the
so-called “Protocol of San Salvador”), article 13, paragraph 2, of which borrows
heavily from similar provisions in the International Covenant on Economic,
Social and Cultural Rights;
(ii)
The Document of the Copenhagen Meeting of the Conference on the Human
Dimension of the Conference on Security and Cooperation in Europe (CSCE)
(5-29 June 1990);
(iii)
The Framework Convention for the Protection of National Minorities of
1 February 1995, which is noteworthy for several reasons. Probably by virtue of
its stated purpose, it is one of the few international instruments to employ the
concepts of “intercultural dialogue” and “spirit of tolerance”, especially in
education (art. 6, para. 1). In this field the Framework Convention invests this
concept with a relatively precise meaning that embraces “knowledge of the
culture, history, language and religion” of national minorities and of the majority
(art. 12, para. 1), as well as “opportunities for teacher training and access to
textbooks” and contacts among students and teachers of different communities
(art. 12, para. 2);
(iv)
The African Charter on Human and Peoples’ Rights, article 17 of which
recognizes the right to education (para. 1). However, the wording of paragraph 3
is somewhat strange, even dangerous: “The promotion and protection of morals
and traditional values recognized by the community shall be the duty of the
State”. One commentator has rightly observed that “there is quite a fine dividing
line between the promotion and protection of certain values and censure in the
name of these same values … and it is a matter of concern that educational
freedom (religion, language) is not assured and … in fact is nothing more than the
potential to adhere to an official cultural model.71
Assessment of the situation
70.
Two observations requiring further elaboration emerge from the analysis of these
instruments: a certain quantitative increase in the objectives pursued since 1948 and a continuity
in the obligation of non-discrimination.
Quantitative increase
71.
By improving on the content of the Universal Declaration, which was adopted in the late
1940s, it must be recalled, the subsequent instruments attest both to the remarkable progress
made since 1948 and also, paradoxically, to the persistence of discrimination and intolerance in