A/77/246
genocide prohibition from the Convention on the promise that they would su pport a
similar measure for the Universal Declaration. However, when the time came, they
chose (for reasons having to do with the rhetoric and reality of the Cold War) not to
make good on those promissory notes”. 6
28. The zeitgeist at the time of the creation of the United Nations was nevertheless
that the world emerging from the ashes of the last global conflict had to represent a
fresh new start, and, for the first time, to have at its core a set of fundamental universal
and individual-oriented human rights. It is no accident that the preamble of the
Declaration and its first substantive provisions frequently refer to all individuals as
holders of rights and to their universal application.
29. While this sounds noble, there was an underlying concern, at least for some
(mainly) Western States, that distinct rights for, or acknowledgment of, groups was
inconsistent with the individual and universal nature of this new paradigm. For many
of them, particularly colonial powers or newer States with large immigr ant or
indigenous populations, ethnic, religious or linguistic differences were not to be
encouraged. On the contrary, the assimilation of minorities was for most of the
twentieth century often considered to be a highly desirable outcome.
30. There was also the perception that the rights of minorities had been exploited
during the rise of Nazism, and that the instrumentalization of the concept of “national
minority” over claimed mistreatments of German minorities in neighbouring
countries was at least in part a pretext to justify the expansion of Germany, leading to
World War II. Ultimately, the view that prevailed at the United Nations was that there
should be no specific mention of minorities in the Declaration, so as to make a
dramatic break from what are known as the “minorities treaties” of the League of
Nations. This however was a mischaracterization of the League of Nations minorities
treaties:
These treaties are often misrepresented as enshrining collective rights that
contributed to the inherently unstable interwar period, and hence were factors
in preparing the conditions for the onset of war, if not a direct cause of it.
Ironically, as other observers have noted, many of these minority treaties were
not limited to protecting minorities, but rather were actually the first
international human rights treaties, since [among other things] they extended
the prohibition of discrimination or freedom of expression and religion to all
inhabitants of the States involved, not only to minorities. Most of the pro visions
in these treaties were in fact individualistic, again contrary to the way they are
usually portrayed (see A/74/160, para. 25).
31. Arguably, during the League of Nations period between the two world w ars,
there was the recognition of equality, which included specific protection of
particularly vulnerable groups, as the advisory opinion of the Permanent Court of
International Justice in the case of the minority schools in Albania in 1935 suggests:
The underlying idea of the treaties for the protection of minorities is to secure
for certain elements incorporated in a State, the population of which differs from
them in race, language and religion, the possibility of living peacefully
alongside that population and cooperating amicably with it, while at the same
time preserving the characteristics which distinguish them from the majority,
and satisfying the ensuing special needs.
In order to attain this object, two things were regarded as particularly necessary, and
have formed the subject of provisions in these treaties.
__________________
6
22-11516
Johannes Morsink, “Cultural Genocide, the Universal Declaration, and Minority Rights”, Human
Rights Quarterly, vol. 21, No. 4 (November 1999), p. 1010.
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