Turkomen in Iraq, Palestinians (who constitute
minorities in several States), numerous religious
groups, and migrant workers, principally from
South Asia. There are also some groups that constitute a numerical majority but remain among
the most marginalised. Forms of caste-based discrimination reportedly are practiced against the
Al-Akhdam community in Yemen.85
Minorities in some cases experience discrimination, in particular in access to employment in the
public services. Religious minorities are sometimes restricted in their freedom of religion. Some
minority groups (particularly religious minorities) have successfully exercised their rights to
establish their own educational institutions.
Many groups struggle to maintain their cultural
traditions in the face of the overwhelming influence of the majority group(s); the government of
Morocco, for example, has included schooling in
the Tamazight language and teacher training to
help remedy this problem. Many marginalised
minority groups remain excluded from public
participation, while in other cases individuals
from minority groups have held positions of high
political office. Several inter-communal conflicts have also occurred in the region. Disputes
over territory and autonomy of minorities have
sometimes been the source of these conflicts,
including in Kurdish inhabited areas and in the
Western Sahara inhabited by the indigenous
Saharawis people.
12.3.1 Standards and Mechanisms
of the League of Arab States:
Protection for minorities is contained in the Arab
Charter on Human Rights and general human
rights treaties (such as the ICCPR, ICERD and
CRC) that have been ratified. The League of Arab
States has not elaborated any specific minority
rights treaties.
The Arab Charter on Human Rights is the newest
regional instrument on human rights, adopted
under the auspices of the League of Arab States.
The revised text came into force in January 2008.
The Charter establishes a monitoring body - the
Arab Human Rights Committee – to examine
state compliance with its principles.
The Charter prohibits discrimination on the
grounds of “race, colour, sex, language, religious
belief, opinion, thought, national or social origin,
wealth, birth or physical or mental disability”
in the enjoyment of rights in the Charter.86
Article 25 provides that “Persons belonging to
minorities shall not be denied the right to enjoy
their own culture, to use their own language and
to practice their own religion. The exercise of
these rights shall be governed by law”.
The Charter does not define which minority
groups are entitled to the rights under
article 25. However, the preamble to the Charter
reaffirms the principles in international standards including the ICCPR and in article 43 states:
Nothing in this Charter may be construed or
interpreted as impairing the rights and freedoms
protected by the domestic laws of the States parties
or those set force in the international and regional
human rights instruments which the States parties have adopted or ratified, including the rights of
women, the rights of the child and the rights of persons belonging to minorities. (Emphasis added)
Article 30.1 of the Charter provides that “everyone
has the right to freedom of thought, conscience
and religion and no restrictions may be imposed
on the exercise of such freedoms except as provided for by law”. Article 30.2 provides:
The freedom to manifest one’s religion or beliefs or
to perform religious observances, either alone or
in community with others, shall be subject only to
such limitations as are prescribed by law and are
UN Doc. CERD/C/YEM/CO/16 (17 August 2006).
85
League of Arab States, Revised Arab Charter on Human Rights, May 22, 2004, reprinted in 12 Int’l Hum. Rts. Rep. 893 (2005), entered into force March 15, 2008,
Article 3.1 http://www1.umn.edu/humanrts/instree/loas2005.html?msource=UNWDEC19001&tr=y&auid=3337655 (accessed 9 August 9, 2009).
86
Chapter 12: Regional Issues, Standards and Mechanisms
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