FIRST FORUM ON MINORITIES
Barbara Wilson
On behalf of the Committee on Economic, Social and Cultural Rights, I would like to thank and
congratulate Madam Chairperson, Ms Gay McDougall (the Independant Expert on Minority
Issues) and Professor Patrick Thornberry for organising this Forum which comes at a very
opportune time for several reasons. Firstly, the Optional Protocol to the Covenant on Economic,
Social and Cultural Rights was adopted last week by the UN General Assembly and will be open
for signature and ratification from March 2009. After the ratification by 10 States, the Protocol
will enter into force and provide individuals and groups of individuals from State parties the right
to address communications to the Committee alleging violations of article 2.2 combined with
article 13 of the Covenant. This will certainly help protect the rights of minorities in the domain
of education.
Secondly, the Committee’s General Comment n° 20 on non-discrimination is in the final stages
of drafting and hopefully will be adopted in 2009. In this context, I should like to make a couple
of points which have arisen from the drafting of General Comment n° 20, as well as from the
Committee’s Concluding Observations on State parties’ reports.
1. Systemic Discrimination
Systemic discrimination is not specifically mentioned in the Draft Recommendations. It would
however be advisable to adress this problem.
Systemic discrimination is pervasive and usually deeply rooted in traditional attitudes. National
constitutions and legislation generally prohibit discrimination based on recognized grounds.
However, these formal guarantees go largely unenforced and act as a cover for the abuses taking
place. Many State policies focus on remedying the effects of discrimination but do not tackle the
discriminatory attitudes which allow discrimination to flourish in the first place. For example,
children belonging to the lower castes and/or to religious or ethnic minorities are frequently
victims of discrimination in their enjoyment of economic, social and cultural rights and
particularly the right to education.
States should address the problem of systemic discrimination in a systematic way, in particular,by
allocating sufficient funds to combat socially and culturally ingrained attitudes by, inter alia,