(c) To apply a gender perspective in his or her
work;
(d) To cooperate closely, while avoiding duplication, with existing relevant United Nations
bodies, mandates and mechanisms, as well as
regional organizations;
(e) To take into account the views of NGOs on
matters pertaining to her mandate.
The Independent Expert is guided by international standards relating to the rights of
minorities, including the UN Declaration on
the Rights of National or Ethnic, Religious and
Linguistic Minorities and provisions of other
international treaties specifically relating to
minority rights, including article 27 of the ICCPR
and article 30 of the CRC. The Independent
Expert notes that the rights guaranteed in all
other UN human rights conventions apply
equally to members of minority groups. In
addition, other existing regional human and
minority rights instruments and mechanisms
including, for example, the Council of Europe’s
1995 Framework Convention for the Protection
of National Minorities may be applied. The work
of treaty-monitoring bodies also provides valuable sources of expertise, including authoritative
interpretations of standards relevant to minorities. The Independent Expert has developed a
strong collaboration with CERD.
The independent expert has identified four
broad areas of concern relating to minorities
around the world, based on the Declaration on
the Rights of Minorities and other relevant international standards relating to minority rights:
(a) protecting a minority’s survival, including
through protection of their physical integrity
and the prevention of genocide;
(b) protecting and promoting cultural and social
identity, including the right of individuals to
choose which ethnic, linguistic or religious
groups they wish to be identified with, and
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the right of those groups to affirm and protect their collective identity and to reject
forced assimilation;
(c) ensuring effective non-discrimination and
equality, including ending structural or systemic discrimination; and
(d) ensuring effective participation of members of
minorities in public life, especially with regard
to decisions that affect them.
The Independent Expert also takes note of
the collective nature of minority rights. This is
important for the promotion and protection of
minority identity and visibility, for the informed
participation of these groups in decisions that
affect their rights and resources, and for securing
collective claims to linguistically and culturally
appropriate education, land and other shared
assets. While the Declaration on the Rights of
Minorities examines rights that may be claimed
by individual members of minority communities, those claims will often require the State to
ensure the existence or identity of the group as
a whole.
The Independent Expert employs various
methods of work in order to achieve the most
effective results. These include consultation with
governments, including through communications (allegation letters and urgent appeals)
and country visits. Such communications, often
sent jointly with other mandates, are based on
information received from a variety of sources,
including NGOs and representatives of minority
communities. Since 2005, the Independent
Expert has conducted country visits to the
Dominican Republic, Ethiopia, France, Greece,
Guyana, Hungary and Kazakhstan. During
country visits, consultations are held with various stakeholders, including senior government
representatives, CSOs, minority groups, UN
agencies, bodies and mechanisms, regional and
other intergovernmental organizations, and academic, legal, research and policy development
M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g