Policy Responses on Protection of
Existence of Minorities:
Some States have imposed criminal
penalties on those who practice
discrimination or violate laws protecting
minorities. In Brazil, for example, the
1988 Constitution criminalizes acts of
racism with high penalties of imprisonment (See Law 7716 of 1989 and Law
9459 of 1997). In India, the Scheduled
Castes and Scheduled Tribes (Prevention
of Atrocities) Act 1989 prescribes
criminal responsibility for a wide variety
of offences against Dalits and Adivasis.
3.4 PROTECTION AND PROMOTION
OF IDENTITY:
Minorities have the right to protection of their
cultural, religious or linguistic identity. This right
entails both positive and negative obligations for duty-bearers. Respecting, protecting
and fulfilling identity rights for minorities are
key factors in managing diversity and creating stability. Attempts to restrict or eradicate
minority identities are a common grievance in
inter-communal conflict.
Minorities must not be prevented from expressing
their identities by undue restrictions or policies of
assimilation. Signs of potential assimilation policies
include the denial of the existence of minorities,
prohibition of cultural practices and vigorous promotion of ‘nation-building’ that excludes all but
one dominant cultural or religious identity.
Assimilation also leads to the eradication of a
minority identity, whereas integration enables
minority identities to flourish independently at
the same time as becoming part of the wider
national identity. Integration policies should not
restrict the expression of minority identities and
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should create opportunities for minorities to
feel included in society. Assimilation is coerced;
integration is voluntary.
According to Article 4.2 of UNDM, States are also
encouraged to “take measures to create favourable conditions to enable persons belonging to
minorities to express their characteristics and
to develop their culture, language, religion,
traditions and customs”. Minorities should be
able to promote their identity on an equal basis
with majority groups. The protection of cultural heritage essential to the group’s identity
is one aspect, including for example burial sites,
buildings, religious places, documents and/
or libraries. Policies may also entail recognition
of forms of cultural autonomy for minorities,
by determining educational content, forming
national cultural institutions or by providing
funding for cultural activities. The degree to
which the State is obliged to provide resources
for such measures varies and may be determined
by assessing variables like the size of the group,
its territorial concentration, historical residency
in the State and the principles of equality, nondiscrimination and proportionality.
Minorities and majorities could also be
encouraged to gain an understanding of one
another’s identities. According to article 4.4,
States should “take measures in the field of
education, in order to encourage knowledge
of the history, traditions, language and culture
of the minorities existing within their territory”
and minorities “should have adequate opportunities to gain knowledge of the society as
a whole”. These are essential components of
integrative strategies.
Key Messages
States have positive and negative
obligations to protect minority identities
Policies of integration are voluntary and
consistent with the rights of minorities.
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