A/77/246
(b) States that saw the United Nations debates over the rights of minorities as
part of the Cold War confrontation, with many Western democracies automatically
concerned that the Soviet Union and its allies would try to cast themselves as
champions of oppressed minorities and thus instrumentalize the minority rights
debates. They therefore opposed any concession to vulnerable groups such as
minorities as a response to what was considered the instrumentalization of minority
issues by the Soviet Union and the risks of “balkanization” or fragmentation of States
because of implicit encouragement of minority secessionist movements;
(c) States that ideologically were firmly convinced of the value of assimilation
and that the unity and stability of a country also required the unity of one national
language and culture, against those States which, on the c ontrary, held the firm
ideological conviction, based on their own national experiences, that peace and
stability were often best served when a State took into account and reflected the
composition of its population (see A/74/160, para. 30).
D.
Evolution of universal human rights: groups allowed, but some are
more equal than others
37. The assumption that there need not be any reference to specific groups
permeated initially the universalistic and individua listic orientation of the Universal
Declaration of Human Rights. It is helpful to understand not only the initial inability
to reach an agreement on the inclusion of a minority provision in the Declaration, but
also – at least initially – the absence of reference to any other group as somehow
deserving of specific attention or mention. Indigenous peoples, people of African
descent and persons with disabilities are, like minorities, not mentioned. Women are
mentioned, but only in the context of “the equal rights of men and women”, not as
having distinct or specific rights as women (though there is a reference to
motherhood).
38. This was, however, soon to change significantly, with the recognition that, while
all persons are equal and universally entitled to human rights, not everyone is equally
denied their rights, and some groups are more vulnerable and marginalized than others
and therefore entitled to greater international attention.
39. The struggle against apartheid, racism and racial discrimination in Southern
Africa and elsewhere, as well as the decolonization process gathering steam from the
late 1950s, contributed to the emergence of the United Nations “special procedures”
as a tool for protecting human rights, 10 as well as to the adoption of the first
fundamental human rights treaty, the International Convention on the Elimination of
All Forms of Racial Discrimination, in 1965. While formulated on an individualistic
basis, the Convention acknowledged that “certain racial or ethnic groups or
individuals” could require “special protection” in order to equally enjoy or exercise
their human rights and fundamental freedoms, and that States parties had to
“undertake to pursue by all appropriate means and without delay a policy of
eliminating racial discrimination in all its forms and promoting understanding among
all races”. In other words, while everyone had equal rights, some “races” were
perhaps more vulnerable and needed specific efforts and attention to their human
rights.
__________________
10
22-11516
Marc Limon and Hilary Power, History of the United Nations Special Procedures Mechanism:
Origins, Evolution and Reform (Universal Rights Group, 2014). Available at
https://www.universal-rights.org/wp-content/uploads/2015/02/URG_HUNSP_28.01.2015_spread.pdf.
11/21