effective, however, these rights often need to
be exercised in community with others. Under
international law, States have the obligation to
respect, protect and fulfill human rights. This
applies also to minority rights.
Key Messages
Minorities have the right:
to exist
to non-discrimination
to protection of their identity
to participate in public life and in
decision-making that affects them
Recognition of minorities facilitates development: if minorities are not recognized, steps
to ensure they benefit equally from development cannot be implemented easily or directly.
Recognition facilitates peaceful coexistence: the
failure to recognize minorities and the marginalisation they face can create inter-communal
tensions and even conflict. Recognition facilitates democratic governance: participatory and
multicultural States acknowledge the diversity of
communities that constitute the polity.
Recognition also facilitates the protection of
other minority rights. Recognition may enable:
3.2 RECOGNITION:
Recognition of minorities facilitates the
protection of minority rights. There is no
right to recognition per se in international law.
Recognition of minority groups by the State is
not a necessary condition for claiming minority
protection but it may help. The existence of
minorities is a matter of fact, rather than a matter
of law. According to the UN Human Rights
Committee, such existence ‘does not depend
upon a decision by that State party but [must] be
established by objective criteria’.9
Even in the absence of legal recognition of
minorities by the State, de facto recognition may
assist States to acknowledge and respond to the
problems faced by minorities. States will be able
to better tackle inequality and reduce tensions
within their societies if they acknowledge that
ethnic, cultural, religious and linguistic diversity
exists, and that groups may face discrimination
and exclusion along these lines.
the collection of disaggregated data
identification of discrimination based on ethnicity religion, language or descent
participation in stakeholder consultations
access to citizenship
minority language education and media
affirmative action in employment.
Key Messages
Recognition of minorities is instrumental
for development interventions.
Recognition aids in participation, data
collection, monitoring and evaluation.
Human Rights Committee, General Comment 23, The rights of minorities (Article 27), UN Doc. CCPR/C/21/Rev.1/Add.5 (8 April 1994): paragraph 5.2
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