A/74/160
State means it is not the majority. Objectively, that means that an ethnic, religious or
linguistic group makes up less than half the population of a country. 20
53. These jurisprudential views, the Committee’s own general comment and the
wording of article 27, interpreted according to the rules of the Vienna Convention on
the Law of Treaties, in line with the history of the discussions, descriptions and
definitions over decades, do provide the necessary support for arriving at a clear
working definition. Based on all of the above, the Special Rapporteur will, as part of
this mandate in promoting the full and effective realization of the human rights of
minorities, also use and promote the following concept of a minority, both within the
United Nations and in carrying out his activities:
An ethnic, religious or linguistic minority is any group of persons which
constitutes less than half of the population in the entire territory of a State whose
members share common characteristics of culture, religion or language, or a
combination of any of these. A person can freely belong to an ethnic, religious
or linguistic minority without any requirement of citizenship, residence, official
recognition or any other status.
IV. Conclusions and recommendations
54. In the present report, the Special Rapporteur highlighted some
developments connected to his thematic priorities, as well as some of the
challenges that need to be addressed in relation to those priorities, including the
disturbing emergence of a potential humanitarian crisis and destabilizing
situation, with the risk of millions of individuals in India being deemed to be
“foreigners” and therefore non-citizens who may as a result become stateless.
55. He has also pointed out some important initiatives, such as a regional forum
approach to thematic priorities as part of his mandate to promote the
implementation of the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities, as well as to examine
ways and means of overcoming existing obstacles to the full and effective
realization of the rights of persons belonging to minorities.
56. The Special Rapporteur has proposed a conceptual framing to clarify what
constitutes a minority based on the history and formulation of the main
provisions of the United Nations on minorities in order to avoid the
inconsistencies, uncertainties and even contradictions that currently exist within
and between United Nations entities, as well as with many States Members of the
United Nations. Leaving in place a situation where there is no common
understanding as to who is a minority is not an option, since it is potentially
harmful to minorities by contributing to doubts as to who can claim protective
rights in relation to their culture, religion or language. This has led to a rather
anarchic situation, as one can see from some of the responses by United Nations
entities, which have adopted widely diverging, inconsistent and at times even
contradictory and restrictive stances as to who is considered to be a minority. 21
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Ibid.: “A group may constitute a majority in a province but still be a minority in a State and thus
be entitled to the benefits of article 27. English speaking citizens of Canada cannot be considered
a linguistic minority.”
Supplementary information to the present report contains a selection of examples of such
divergence, even within United Nations system entities, as to the concept of a minority within
the institutions, and is available at:
https://www.ohchr.org/Documents/Issues/Minorities/SR/A74160_UN_Responses.docx.
19-11967