FORUM ON MINORITY ISSUES Sixth session: “Beyond freedom of religion or belief: guaranteeing the rights of religious minorities” 26 November 2013 Morning Session II. Legal framework and key concepts Ms Nazila Ghanea, presenting on “Religious minorities and the question of responsibilities” – SPEAKING NOTES Excellencies, distinguished guests, ladies and gentlemen 1. When I started my research nearly 20 years ago under the mentorship of Professor Patrick Thornberry, I took freedom of religion or belief and minority rights to be inseparable. My doctoral research was on the UN and the human rights situation of the Baha’is in Iran. 2. But were freedom of religion or belief and minority rights separate historically? Religious minorities predated concern with modern human rights by centuries. The rights of religious minorities were primarily upheld through multilateral and bilateral treaties and it was only centuries later in 1945 that the UN was formed and the UN Charter adopted international human rights as one of its very objectives. 3. International human rights law then moved away from minority rights for some decades and focused on human rights standards - mistakenly believing that an emphasis on equality would be sufficient in creating a level playing field for minorities and majorities. 4. Rights standards such as article 27 of the ICCPR and its general comment 23, the 1992 Minorities Declaration and then the mandate of the Independent Expert on minority issues. These recognized minorities as those who are numerically in minority and have characteristics that they wish to maintain. 5. Somehow, though religious minorities found specific mention in article 27 and the 1992 Minorities Declaration, the rights of religious minorities were never fully incorporated within the minority rights mechanisms - that is, until now. 6. The rights of religious minorities had found themselves only dealt with under freedom of religions or belief standards and mechanisms. Freedom of religion or belief standards uphold the absolute rights of individuals to have, adopt or change religion or belief; and to manifest that religion in teaching, observance, practice and teaching either alone or along with others and in private or public. 7. Manifesting with others and in public is one thing, but we have well over two decades on minority standards and mechanisms regarding minority rights that are also highly relevant to religious minorities. Religious minorities are