37/26 Rights of persons belonging to national or ethnic, religious and linguistic minorities - Annual report of the United Nations High Commissioner for Human Rights

GE.17-22922(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the High

Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Rights of persons belonging to national or ethnic, religious and linguistic minorities

Annual report of the United Nations High Commissioner for Human

Rights

Summary

In its resolutions 13/12, 22/4 and 31/13 concerning the rights of persons belonging

to national or ethnic, religious and linguistic minorities, the Human Rights Council

requested the High Commissioner for Human Rights to present an annual report to the

Council containing information on relevant developments in the work of United Nations

human rights bodies and mechanisms and on the specific strategies and activities

undertaken by the Office of the High Commissioner at headquarters and in the field that

contribute to the promotion of and respect for the Declaration on the Rights of Persons

Belonging to National or Ethnic, Religious and Linguistic Minorities. The present report

covers the activities carried out between January and December 2017.

In the year of the twenty-fifth anniversary of the Declaration on the Rights of

Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, patterns of

discrimination and incitement to racial or religious hatred and violence, particularly against

ethnic or religious minorities have been recurrent. The strategies and initiatives undertaken

by the Office of the United Nations High Commissioner for Human Rights, in line with the

guidance note of the Secretary-General on racial discrimination and protection of

minorities, aim to promote the implementation of the Declaration, with a view to advancing

the realization of the rights of persons belonging to minorities. In that regard, respect for

religious diversity and religious dialogue, reflection on the importance of investing in

minority youth, disaggregated data on minorities and the participation of minorities in

decision-making are essential for fostering peaceful societies and reducing inequalities.

United Nations A/HRC/37/26

Contents

Page

I. Introduction ................................................................................................................................... 3

II. United Nations network on racial discrimination and protection of minorities............................. 3

III. Twenty-fifth anniversary of the Declaration on the Rights of Persons

Belonging to National or Ethnic, Religious and Linguistic Minorities ......................................... 4

IV. Activities of the Office of the United Nations High Commissioner for Human

Rights and recent developments in human rights bodies and mechanisms ................................... 5

A. Early-warning mechanisms and protection of the existence of minorities ........................... 5

B. Non-discrimination guarantees ............................................................................................. 7

C. Interfaith dialogue ................................................................................................................. 8

D. Empowerment and participation ........................................................................................... 9

E. Minority youth ...................................................................................................................... 11

F. Linguistic rights .................................................................................................................... 11

G. Data collection ...................................................................................................................... 12

V. Conclusions ................................................................................................................................... 13

I. Introduction

1. The year 2017 marked the twenty-fifth anniversary of the Declaration on the Rights

of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. In the

Declaration, adopted by the General Assembly by consensus in resolution 47/135, the

Assembly stresses that the promotion and protection of the rights of persons belonging to

minorities contribute to the political and social stability of the States in which they live. The

Declaration offers States and other stakeholders guidance on the measures to be undertaken

to guarantee minority rights, with a view to realizing the principles laid down in the Charter

of the United Nations and international and regional human rights instruments, including

the International Covenant on Civil and Political Rights and, in particular, its article 27.

2. Despite the global consensus behind the principles of the Declaration, persons

belonging to minorities continue to be targets of human rights violations, including

continuous violence against ethnic and religious minorities, discrimination against minority

groups, poor participation of minorities in public life and many others, also described by

human rights bodies, mechanisms and field presences. Increasing hate speech, xenophobic

rhetoric and incitement to hatred against minorities, coupled with the rise of extremists and

far-right political parties, is putting the progress achieved during the past decades in the

field of minority rights protection under threat.

II. United Nations network on racial discrimination and protection of minorities

3. According to article 9 of the Declaration on the Rights of Persons Belonging to

National or Ethnic, Religious and Linguistic Minorities, the specialized agencies and other

organizations of the United Nations system shall contribute to the full realization of the

rights and principles set forth in the Declaration. That task affects all three pillars of the

United Nations: human rights, development and peace and security, and requires system-

wide, coordinated engagement. Such work is facilitated by the United Nations network on

racial discrimination and protection of minorities, coordinated by the Office of the United

Nations High Commissioner for Human Rights (OHCHR), which aims to engage the entire

United Nations system. The guidance note of the Secretary-General on racial discrimination

and protection of minorities and the related action plan for the period 2014–2017 provide

the framework.

4. During the reporting period, the United Nations network on racial discrimination

and protection of minorities pursued its efforts to boost dialogue and cooperation between

relevant United Nations departments, agencies, funds and programmes, in accordance with

the four-year plan of action adopted in 2014. In that context, in March 2017, OHCHR

organized a seminar in Santiago on integrating minorities into development programming

and on the guidance note of the Secretary-General on racial discrimination and protection

of minorities. As contained in the plan of action of the seminar, that initiative is one of the

subregional knowledge exchange opportunities based on experiences of working on racial

discrimination and protection of minorities that are organized with United Nations field

presences. The seminar had a particular focus on Afrodescendants.

5. In May 2017, OHCHR conducted a mission to the Republic of Moldova to present

the United Nations minority rights standards and the guidance note to United Nations

colleagues and other key stakeholders, and encourage the implementation of the

recommendations contained in the report of the Special Rapporteur on minority issues on

her mission to the country in June 2016. The role of the United Nations in supporting

implementation at the country level of the recommendations made by the Special

Rapporteur was also discussed. In the framework of the visit, the delegation met with a

wide range of stakeholders, including government officials from the Ministries of Foreign

Affairs, Labour and Social Protection, Education and Justice, the Bureau of Inter-ethnic

Relations and the Audiovisual Coordinating Council. The OHCHR team also met with

local authorities and civil society representatives, practising lawyers, former fellows of the

OHCHR minorities fellowship programme, national civil society groups and youth

minority organizations. OHCHR also delivered a workshop to the national human rights

institutions, namely the Ombudsman Office and the Equality Council, and to the

Constitutional Court. Over 25 participants took part in the workshops, engaging in very

lively discussions over the international and national standards on minority rights and the

recommendations arising from the visit of the Special Rapporteur on minority issues.

6. Over the years, United Nations human rights mechanisms have expressed their

concerns about caste-based discrimination as a violation of human rights law and

demonstrated how it intersects with a number of cross-cutting themes, thereby placing

persons subjected to discrimination based on descent in a particularly marginalized position

and in need of focused attention. In that context, as coordinator of the network on racial

discrimination and protection of minorities, OHCHR has spearheaded the preparation of a

guidance tool on descent-based discrimination, looking at key challenges and strategic

approaches to combat caste-based and analogous forms of discrimination. The guidance

tool sets out guiding principles and a framework for action with a view to ensuring a

comprehensive and coherent approach in combating that type of discrimination. It was

launched on 27 March 2017 in Nepal, bringing together 65 participants from Bangladesh,

India, Nepal, Pakistan, Sri Lanka and Thailand. Participants in the launch included

representatives of the United Nations Development Programme (UNDP), the International

Labour Organization (ILO), the Joint United Nations Programme on HIV/AIDS, the United

Nations Entity for Gender Equality and the Empowerment of Women, the United Nations

Children’s Fund (UNICEF) and the United Nations Resident Coordinator’s office, as well

as representatives of national human rights institutions and non-governmental organizations

(NGOs) from Nepal and other countries of the region, the Special Rapporteur on minority

issues, scholars, academics and parliamentarians.

7. The launch of the guidance tool offered participants the opportunity to discuss how

United Nations country teams, national human rights institutions and civil society

organizations would put it to good use, with a view to attaining several goals and, most

importantly, to building strategic approaches to combating caste-based discrimination,

while focusing on good practices and coordinating United Nations efforts to combat

descent-based discrimination in country programmes, such as United Nations Development

Assistance Frameworks and other joint country team plans and programmes.

8. The report of the Secretary-General on the effective promotion of the Declaration,

on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic

Minorities, submitted to the General Assembly in September 2017, contains further

information on the work of the network and its members (A/72/219).

III. Twenty-fifth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

9. The twenty-fifth anniversary of the Declaration on the Rights of Persons Belonging

to National or Ethnic, Religious and Linguistic Minorities provided an opportunity for

taking stock of the achievements and challenges still faced in the promotion and protection

of minority rights throughout the world. During the anniversary, various stakeholders

explored the way in which minority rights help to build cohesive societies, where the sense

of inclusion and recognition of one’s language and culture were not the prerogative of the

dominant ethnic, religious or linguistic group. It was stressed that inclusion and respect for

minority rights were also key ingredients in preventing radicalization and violent

extremism.

10. In the context of the anniversary, various events were organized to look into the

most relevant contemporary and future challenges faced by minorities around the world.

For example, at a side event in February 2017, participants focused on the relevance of a

minority rights approach in efforts to combat intolerance, radicalization and violent

extremism. In her remarks, the Deputy High Commissioner for Human Rights recalled that

in too many countries, the world was witnessing an upsurge in inter-ethnic tension, with

minorities facing violence and hate speech, often prevented from voting, acquiring

citizenship or gaining access to remedies. Open advocacy for xenophobia and the

demonization of minority groups was increasingly common, both online and offline. The

principles contained in the Declaration must be injected into conflict prevention and

peacebuilding work as well as in efforts to prevent violent extremism. They were also

fundamental in ensuring that the commitment in the 2030 Agenda for Sustainable

Development to leave no one behind was met. In October 2017, a side event was organized

in New York to commemorate the anniversary of the Declaration, at which the Assistant

Secretary-General for Human Rights recalled that the messages in the Declaration of

inclusion, equality and respect for different cultures were being currently and constantly

challenged through hate speech, discrimination and rising ethno-nationalism. He also

emphasized the crucial role of NGOs in moving minority rights from paper to practice, as

acknowledged by all Member States at the adoption of the Declaration, in which the

important work of NGOs in protecting minorities and promoting their rights was

highlighted.

IV. Activities of the Office of the United Nations High Commissioner for Human Rights and recent developments in human rights bodies and mechanisms

A. Early-warning mechanisms and protection of the existence of minorities

11. Article 1 of the Declaration on the Rights of Persons Belonging to National or

Ethnic, Religious and Linguistic Minorities provides that States shall protect the existence

and the national or ethnic, cultural, religious and linguistic identity of minorities within

their respective territories. A number of United Nations reports have shown that this

provision has been violated in a number of contexts, with minorities being targeted and

subjected to killings, violence, including ethnic cleansing, and massive forced

displacement. There is also a rising tide of attacks around the world that target people on

account of their religious beliefs, including in places of worship, and evidence of racial or

religious profiling. The High Commissioner for Human Rights has repeatedly highlighted

the increasingly worrying levels of incitement to racial or religious hatred and violence,

particularly against ethnic or religious minorities and migrants. The number of recorded

hate crimes appears to be rising in several States. All those phenomena tear at the fabric of

societies, thus creating mistrust, political and social instability and posing a threat to peace

(A/HRC/34/35).

12. In his address to the Human Rights Council in September 2017, the High

Commissioner requested that the Iraqi authorities address the long-standing grievances of

all ethnic and religious communities to promote reconciliation and stability. Women should

be an integral part of the process to ensure justice and accountability for past violations. In

the report on her official visit to Iraq, made public in January 2017, the Special Rapporteur

on minority issues concluded that ethnic and religious minority communities, which had

been an integral part of the population and cultural heritage of the country for millenniums,

were facing an unprecedented crisis that threatened their continued existence in the country.

Iraq was at a crossroads and the actions of the Government would determine the extent to

which the country would maintain its rich ethnic and religious diversity, or whether conflict

and the neglect of minority rights would deprive it of that diversity in the future. Seeking

security and seeing few prospects for the protection of their human rights in Iraq by the

State, many had left the country, resulting in a dramatic decrease in minority populations.

Without urgent action, many thousands more might follow (A/HRC/34/53/Add.1).

13. In August 2017, on the occasion of the third anniversary of the attack by the Islamic

State in Iraq and the Levant (ISIL) on the Yazidi community, the Independent International

Commission of Inquiry on the Syrian Arab Republic called on the international community

to recognize the crime of genocide being committed by ISIL against the Yazidis and to

undertake steps to refer the situation to justice. It reiterated its recommendation to all

parties fighting ISIL to consider rescue plans for Yazidi captives.

14. The protection of minorities in Myanmar has been addressed numerous times,

including in reports by the Special Rapporteur on the situation of human rights in

Myanmar,1 by the High Commissioner for Human Rights, in press releases drafted by

human rights experts2 and in the report of the OHCHR mission to Bangladesh issued in

February 2017. 3 In March 2017, the Human Rights Council decided to dispatch an

independent international fact-finding mission to establish the facts and circumstances of

the alleged human rights violations in Myanmar, in particular in Rakhine State. In its

resolution 34/22, the Council also called upon the Government of Myanmar to continue its

efforts to eliminate statelessness and systematic and institutionalized discrimination against

members of ethnic and religious minorities, including the root causes of discrimination, in

particular relating to the Rohingya minority. According to the Office of the United Nations

High Commissioner for Refugees (UNHCR), in less than three weeks in September 2017

over 270,000 people fled from Myanmar to Bangladesh. Many more people reportedly

remained trapped between Myanmar and Bangladesh. The High Commissioner has said

that the situation seemed to be a textbook example of ethnic cleansing.4 The Independent

International Fact-finding Mission on Myanmar went to Bangladesh in October 2017. The

experts stated that they were “deeply disturbed” by accounts of killings, torture, rape, arson

and aerial attacks reportedly perpetrated against the Rohingya community in Myanmar. In

December 2017, the High Commissioner condemned “widespread, systematic and

shockingly brutal” attacks against the Rohingya, as well as decades of discrimination and

persecution. He urged a special session of the Human Rights Council on the current

situation of the minority Rohingya Muslim population in northern Rakhine State “to take

the appropriate action to stop this madness now”. The High Commissioner also urged the

Council to consider making a recommendation to the General Assembly that it establish a

new impartial and independent mechanism, complementary to the enquiries of the Fact-

finding mission into the latest wave of violence and abuses, to assist individual criminal

investigations of those responsible.

15. In May 2017, the report of the mapping project documenting serious violations of

international human rights law and international humanitarian law committed within the

territory of the Central African Republic between January 2003 and December 2015 was

issued, highlighting the religious and ethnic dimensions of many of the crimes committed

in the country. 5 The report contained recommendations on some priority areas for

investigation, including attacks targeting persons because of their religion or ethnicity, by

investigating emblematic cases of forcible transfers of population and violations of the

freedom of movement, notably of people confined in enclaves. Since persecution on the

basis of religious affiliation was an extreme form of violation associated with the conflict

and left a major scar on society, it would be important to identify the planners and

organizers of such acts.

16. In June 2017, the High Commissioner for Human Rights, in an oral update to the

Human Rights Council on the situation of human rights in the Democratic Republic of the

Congo, stated that the humanitarian and human rights situation had deteriorated

dramatically and that a number of actors were fuelling ethnic hatred, resulting in extremely

grave, widespread and, supposedly, planned attacks against the civilian population in Kasai

province. Some 1.3 million internally displaced persons had fled. 6 As a result, in its

resolution 35/33, adopted on 22 June 2017, the Human Rights Council requested the

creation of a team of experts to collect information and determine the facts and

circumstances in Kasai province, in accordance with international standards.

1 See, for example, A/HRC/34/67.

2 See, for example, www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?News

ID=22148&LangID=E.

3 “Interviews with Rohingyas fleeing from Myanmar since 9 October 2016”, available at

www.ohchr.org/Documents/Countries/MM/FlashReport3Feb2017.pdf.

4 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22041&LangID=E.

5 Available at www.ohchr.org/Documents/Countries/CF/Mapping2003-2015/2017

CAR_Mapping_Report_EN.pdf.

6 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21782&LangID=E.

17. In August 2017, several special procedures mandate holders expressed deep concern

about the proliferation of hate messages and incitement to violence against the Igbo

minority and their property in Nigeria, especially in the light of the history of violence

against the group. The experts also deplored the circulation of a hate song and audio

messages on the Internet and on social media.

18. In September 2017, the High Commissioner for Human Rights, in an oral update to

the thirty-sixth session of the Human Rights Council, expressed concern over the rise of

intolerance towards religious and other minorities in India, where the current wave of

violent and often lethal mob attacks against people, under the pretext of protecting the lives

of cows, was alarming. He also emphasized that in Pakistan, the authorities often

encouraged intolerance towards minorities or minority views, with sometimes deadly

consequences. For example, suspicion of blasphemy or the suggestion that blasphemy laws

required revision to comply with the right to freedom of thought and religion had led to

vigilante violence.7

19. Throughout the year, treaty bodies and the universal periodic review have

commended States for initiating or pushing forward with policies that target hate speech

and have made recommendations for more efforts to fight and eradicate crimes and hate

speech against minorities. 8 At the same time, they have expressed concern at the

intensification of hostile sentiments towards persons perceived to be of foreign background,

including persons belonging to ethnic and religious minorities (see CERD/C/FIN/CO/23,

paras. 10–11) and for the lack of accountability of actors committing hate crimes (see

CERD/C/CYP/CO/23-24, paras. 16–17).

B. Non-discrimination guarantees

20. On 21 March 2017, in a statement marking the International Day for the Elimination

of Racial Discrimination, a number of United Nations experts on racial discrimination

called on Governments around the world to take immediate action to stop the spread of fear

and misinformation about minorities and migrants, which were fuelling increased

incitement to racial hatred and racial profiling. They enumerated a number of measures that

were needed immediately, including training for police and the judiciary and steps to

eliminate institutional racism.9 The experts also warned that differences in the treatment of

people of African descent and other minorities by law enforcement officials and within the

criminal justice systems were not only ineffective but pernicious. They stated that racial

profiling breached the basic right to equal protection before the law of the individuals

targeted and urged Member States to address the structural racism such people suffered on

account of their minority status.

21. While there has been normative progress in many countries, the findings of the

Committee on the Elimination of Racial Discrimination, other human rights treaty bodies

and special procedures mandate holders demonstrate that persons belonging to national or

ethnic, religious and linguistic minorities continue to be frequent targets of discrimination.10

A case in point is the persistent discrimination against Roma. Despite various strategies and

other efforts aimed at advancing the protection of their rights, Roma continue to face

discrimination in law enforcement, health, education and other fields. Human rights

challenges experienced by Roma are common also in the area of housing, as has been

highlighted by the Committee on Economic, Social and Cultural Rights and other treaty

bodies.11 In addition, in the report on her official visit to the Republic of Moldova, the

Special Rapporteur on minority issues noted that Roma communities continued to

7 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22041&LangID=E.

8 See, for example, A/HRC/36/8, para. 100.62, A/HRC/36/10, para. 161.133, and A/HRC/36/15, para.

131.88.

9 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21416&LangID=E.

10 See, for example, CERD/C/AZE/CO/7-9, CERD/C/NAM/CO/13-15, CERD/C/GRC/CO/20-22 and

CERD/C/UKR/CO/22-23, all of which touched on issues affecting minorities.

11 See, for example, E/C.12/MKD/CO/1 and E/C.12/FRA/CO/4.

experience economic, social and political marginalization and were often victims of

discrimination, particularly in accessing the labour market, education and health-care

services. The situation of Roma children and women was of particular concern. In order to

tackle the long-term marginalization experienced by many Roma communities, it was

essential that the new Moldovan Roma action plan for the period 2016–2020 be adequately

financed and its implementation effectively monitored and assessed.

22. At the regional level, the 2017 mid-term review of the European Union framework

for national Roma integration strategies was the subject of a communication released by the

European Commission in August 2017, in which it took stock of developments since the

launch of the framework in 2011. In terms of progress, school and preschool enrolment was

improving. However, segregation also appeared to be worsening, with serious implications

for human rights. That clearly reaffirmed that human rights engagement with Roma

inclusion by policymakers could have significant benefits for people and societies.

OHCHR, through its field presences, including its regional office for Europe in Brussels,

has been active and engaged in working with Governments, civil society, equality bodies,

national human rights institutions and the European institutions to tackle this pressing

human rights issue in Europe, including its gender aspects.

23. The human rights component of the United Nations Assistance Mission for Iraq

(UNAMI) has continued to advocate for and provide technical support to legislative reform

on minority rights issues. As part of its regular technical support to the Iraqi parliament, on

26 April it supported the Human Rights Committee of the Council of Representatives of

Iraq in conducting a public hearing, at which potential amendments to the draft law on the

protection of diversity and the prevention of discrimination (the anti-discrimination bill)

were discussed. Members of the parliament, representatives of civil society, judges from the

Shura Council and members of the parliamentary Human Rights and Legal Committees

attended the event. The UNAMI human rights office has continued to engage with relevant

Iraqi civil society groups and the Government of Iraq regarding the final text of the anti-

discrimination bill to ensure that it is consistent with international standards.

24. There have been some important initiatives at the national level. For example, the

OHCHR regional office for Central Asia in Kyrgyzstan supported the development of an

online course on non-discrimination for civil servants, including providing the relevant

software. As a result, the State Personnel Agency agreed that the non-discrimination course

would be mandatory for all civil servants.

25. In collaboration with the Special Rapporteur on contemporary forms of racism,

racial discrimination, xenophobia and related intolerance, the OHCHR country office in

Tunisia has been providing technical advice on the draft law on racial discrimination

prepared by the interministerial working group on discrimination. The draft contains

several guarantees against discrimination based on ethnic, national and racial grounds and

penalizes any legal or de facto discrimination. It also includes a proposal for the creation of

a new body for receiving complaints and observing the trends regarding racial

discrimination in Tunisia.

26. In August 2017, the Chair of the Working Group of Experts on People of African

Descent, the Chair of the Committee on the Elimination of Racial Discrimination and the

Special Rapporteur on racism expressed deep concern at the proliferation of organized hate

and racist groups in the United States of America. They called upon the authorities to adopt

effective policies as a matter of priority and to tackle urgently the manifestations of

incitement to racial violence.

C. Interfaith dialogue

27. The High Commissioner for Human Rights has recalled that respect for religious

diversity is threatened today in an increasing number of societies, both by the rise of violent

religious extremists and by a wave of isolationist and nationalistic thinking. Those

discourses threaten religious and ethnic minorities with increased discrimination and even

violence.12 Over the past year, OHCHR has organized a series of meetings among faith-

based and civil society actors, seeking to help them establish a respectful common ground

on the essential principles of human dignity, equality and justice. In March 2017, they

adopted the Beirut Declaration and its 18 commitments on “Faith for rights”. It aims to

foster peaceful societies, which uphold diversity of belief, behaviour and thought as an

intrinsic and inalienable right of all their people.

28. In May 2017, OHCHR organized a symposium for religious leaders and civil society

representatives on the rights of women and children from the perspective of Islam in Dakar,

which led to the creation of a national “Faith for rights” coalition in Senegal. In December

2017, together with Morocco, OHCHR organized a meeting for States, national human

rights institutions, religious authorities and faith-based civil society actors in order to

outline good practices and define modalities of support for existing and new “Faith for

rights” projects. The Beirut Declaration and its 18 commitments illustrate how faith can

stand up for rights more effectively so that both enhance each other. The commitments also

include a pledge to stand up for the rights of all persons belonging to minorities and to

defend their freedom of religion or belief and their right to participate equally and

effectively in cultural, religious, social, economic and public life, as recognized by

international human rights law.

29. United Nations treaty bodies have also raised issues related to religious diversity in

their dialogues with States. For example, in its concluding observations of July 2017, the

Committee on the Elimination of Discrimination against Women recommended that

Nigeria “expedite the repeal or amendment of all discriminatory laws identified by the

National Law Reform Commission following its comprehensive audit of discriminatory

laws in the State party and include religious leaders in the process of addressing issues of

faith and human rights, so as to build on several ‘faith for rights’ initiatives and identify

common ground among all religions in the State party” (see CEDAW/C/NGA/CO/7-8,

para. 12). The universal periodic review has also recommended that States promote

interfaith dialogue among religious groups to safeguard the rights of religious minorities in

several countries.13

30. At the country level, for example, the Special Rapporteur on minority issues has

emphasized that ending impunity for those who incite ethnic or religious hatred and

violence must be a priority in Sri Lanka. The newly established Interreligious Council

constitutes a positive development and its role in mediating between different religious and

belief communities and promoting tolerance and peaceful relations should be strengthened,

particularly at the provincial level. The Government, including at the local level, should

also ensure the full protection of all minority places of worship as well as heritage.14

D. Empowerment and participation

31. The OHCHR minorities fellowship programme took place from 13 November to 1

December 2017, with two linguistic components (English and Russian) and the

participation of 15 fellows from Afghanistan, Georgia, India, Israel, Jordan, Kosovo,15

Kyrgyzstan, Latvia, Myanmar, Nepal, Pakistan, the Russian Federation, Spain, the Sudan

and Tajikistan. While the programme is organized by OHCHR, it also involves several

other United Nations agencies, including UNHCR, the United Nations Institute for Training

and Research, ILO, UNDP and UNICEF, and is run in close collaboration with Geneva-

based civil society and NGO partners and international and regional bodies.

32. To improve minority rights expertise and participation both at headquarters and in

field presences, the national/regional component of the minorities fellowship programme

provided an “on-the-job” experience to some of the outstanding alumni from the 2016

12 See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=22125&LangID=E.

13 See, for example, A/HRC/36/13, para. 129.92.

14 See A/HRC/34/53/Add.3, para. 71, and A/HRC/36/13, para. 129.92.

15 All references to Kosovo in the present document should be understood to be in the context of United

Nations Security Council resolution 1244 (1999).

fellowship programme. Thus, in 2017, national fellows joined the OHCHR presence in

Colombia and the Republic of Moldova and the United Nations Resident Coordinator’s

Office in Sri Lanka under the auspices of the OHCHR Senior Human Rights Adviser.

33. Several mechanisms have continued to express concern at the lack of full and

effective participation of minorities in public life, including political participation at the

national, regional and local levels, which constitutes a fundamental pillar of minority rights.

Treaty bodies have recommended that States take measures to increase the representation of

minority groups as decision makers, including as prosecutors and judges, at all levels of the

criminal justice system.16 The universal periodic review has also recommended that States

continue their efforts to guarantee the representation in political and public life of women

belonging to minorities and establish effective platforms for dialogue with representatives

of minority groups, in order to be properly informed about their problems and needs, and

develop policies and programmes to improve their situation. 17 In August 2017, the

Committee on Economic, Social and Cultural Rights issued its general comment No. 24

(2017) on State obligations under the International Covenant on Economic, Social and

Cultural Rights in the context of business activities. Among the groups that are often

disproportionately affected by the adverse impact of business activities are ethnic or

religious minorities.

34. In her reflections on her six-year tenure, issued in July 2017, the Special Rapporteur

on minority issues expressed her concern at the limited minority presence in political and

public offices. She stressed the need to ensure that minorities were included in all decision-

making processes, including in municipal and government structures, law enforcement

bodies, the judiciary, legislative bodies, criminal justice systems and all other relevant

bodies and mechanisms, especially when their decisions affected minorities. Without their

participation, those bodies were less able to take vital decisions for the benefit of all sectors

of society and might lose the trust of minority groups who were reluctant to access public

services and/or discouraged from doing so. Moreover, good and inclusive governance,

which included minorities and measures to ensure equality, was critical to conflict

prevention (see A/HRC/34/53, para. 70).

35. In her report on her official visit to the Republic of Moldova, the Special Rapporteur

on minority issues noted that a key issue stressed by the vast majority of interlocutors was

the underrepresentation of minorities in political institutions, particularly in central

government, and what was described by some as the marginalization and exclusion of

regions with relevant minority populations from national decision-making processes. She

recommended that the country consider adopting measures aimed at ensuring and

strengthening the political participation of minorities and their full involvement in decision-

making bodies, including through reserved seats or the redrawing of electoral districts to

allow densely populated minority communities to elect their own representatives. In

relation to her official visit to Iraq, the Special Rapporteur recommended that the

Government establish a comprehensive legal and policy framework for the protection of

minorities, in close consultation with minority communities. She also recommended

intensifying efforts to promote national reconciliation to build trust and bridges between

communities, and to ensure that minorities were fully included in such efforts

(A/HRC/34/53/Add.1). With regard to her official visit to Sri Lanka, she stressed that the

overwhelming sense of marginalization felt by minorities must be addressed by taking

immediate measures to ensure their participation and representation in public life,

particularly in shaping decisions that affect them. The effective and meaningful

participation of all groups in the political arena conferred trust and legitimacy in

governance (A/HRC/34/53/Add.3).

36. At the country level, the human rights office of UNAMI continued to advocate for

strengthening the Office on Minorities Issues under the National Reconciliation Committee,

reporting to the Office of the Prime Minister. During the reporting period, the Office on

Minorities Issues piloted a series of consultations with Christian, Yazidi, Shabak, Turkmen

16 See, for example, CERD/C/NZL/CO/21-22, paras. 24–25.

17 See, for example, A/HRC/WG.6/27/IDN/2, para. 33, and A/HRC/36/15, para. 131.33.

and other groups to identify and assess the diverse needs and concerns of groups across

Iraq. The UNAMI human rights office also continued to promote respect for and protection

of the human rights of all Iraqis, including national, ethnic, religious and linguistic

minorities, through capacity-building training and two universal periodic review

consultations. Participants included representatives of diverse ethnic, religious and

linguistic communities.

37. In Ukraine, OHCHR continued to observe improvements with regard to respect for

freedom of peaceful assembly, illustrated by a decrease in judicial prohibitions of public

assemblies and better policing of large public assemblies throughout the country. However,

it noted that smaller demonstrations continued to suffer from insufficient security and

protection by the police, particularly those organized by persons belonging to minority

groups or opposition political movements.18

38. In 2017, the regional office for Central Asia continued to implement measures

developed as a result of the review of worldwide best practices to improve minority

participation in public life. The office supported the development of over 2,000 preparatory

test questions for entry into the civil service, in order to increase the transparency of the

tests and subsequently to ensure that members of ethnic minorities had a fair and equitable

chance of passing them.

E. Minority youth

39. The Forum on Minority Issues, established by the Human Rights Council in its

resolution 6/15 and renewed in resolution 19/23, provides an annual platform for dialogue

and cooperation on issues pertaining to persons belonging to national or ethnic, religious

and linguistic minorities. The tenth session of the Forum on the topic of “Minority youth:

towards diverse and inclusive societies” was held on 30 November and 1 December 2017.

It brought together minority youth from around the world to reflect on the importance of

investing in young people and in those belonging to minority groups to foster harmonious

societies that value cultural differences and the participation of all. The Forum elaborated

recommendations in four main areas: access to inclusive education, the participation of

minority youth in public life, the empowerment of minority youth through the media in the

digital age and the contribution of minority youth to peace and stability. Those

recommendations will be presented to the Human Rights Council at its thirty-seventh

session by the Special Rapporteur on minority issues.

40. There have been some important initiatives regarding minority youth at the country

level. For example, in the Republic of Moldova on 21 February, OHCHR facilitated the

first ever national minority youth forum, bringing together over 130 young activists from

across ethnic and religious groups in the country. The forum served as a platform for

exchange between minority youth and Moldovan State institutions, represented by the

Deputy Speaker of the parliament, the Deputy Prime Minister for Reintegration, the

Ombudsperson, the Chair of the Equality Council and other high-level officials. The

Special Rapporteur on minority issues addressed a special video welcome message to the

participants. The forum also served as a powerful consolidation point for the newly

established platform of minority youth, closely supported by the OHCHR office in the

country, the Group of Youth for Interethnic Solidarity. In May 2017, OHCHR held a

meeting with the Group and other minority youth representatives from the Republic of

Moldova. Topics discussed ranged from concerns about linguistic rights (medical leaflets,

topographic signs and personal names on identity cards are only available or permitted in

the official State language) to the role of youth in pushing forward the minority rights

agenda. In January and April 2017, OHCHR Tunisia organized, jointly with the Youth

Centre in the Manouba Governorate, four awareness-raising days around the issue of

discrimination, religious diversity, freedom of expression and combating hate speech for

high school students.

18 See OHCHR, “Report on the human rights situation in Ukraine from16 May to 15 August 2017”.

F. Linguistic rights

41. In March 2017, the Special Rapporteur on minority issues produced a publication

entitled “Language rights of linguistic minorities: a practical guide for implementation”,

with a view to assisting policymakers and rights holders to understand the full scope of the

rights of linguistic minorities and help in their practical implementation.19

42. Treaty bodies and special procedures have also stressed the need for access to

education in minority languages. For example, the Committee on the Elimination of Racial

Discrimination recommended that Tajikistan take measures to ensure that ethnic minorities

had access to instruction in minority languages, taking into account the particular needs and

interest of those groups when developing strategies and programmes to that end

(CERD/C/TJK/CO/9-11).

43. The Special Rapporteur on minority issues has also examined linguistic rights in

connection with her country visits. Concerning her official visit to Sri Lanka, she described

how minority representatives reported systemic challenges with respect to the use of the

Tamil language, particularly in the public domain. She was also informed that the school

system remained highly segregated along linguistic and ethnic lines. The Special

Rapporteur acknowledged that Sri Lanka had put in place an important legal and policy

framework that was necessary for multilingualism. However, targeted and strengthened

measures and the allocation of sufficient resources were necessary to enable their actual

implementation (see A/HRC/34/53/Add.3, para. 72).

44. At the regional level, throughout 2017 the OHCHR regional office for Central Asia

continued its work on raising awareness of ethnic minority rights and supporting the

introduction of multicultural education, covering topics such as tolerance, respect for

diversity, inter-ethnic relations and non-discrimination in various educational institutions

across Kyrgyzstan.

45. At the country level, OHCHR Tunisia worked closely with several minority groups,

mainly Afrodescendents and Amazigh minorities, to combat de jure and de facto

discrimination. Two major consultations were organized in March and December 2017 and

meetings are organized periodically with the Ministry responsible for human rights for

discussions and for OHCHR to put forward the requests made by civil society organizations

on their behalf. For the Amazigh population, one of the main concerns is the use of the

Tamazight language and the possibility of giving Amazigh names to their children.

46. On 17 November, a group of special procedures mandate holders warned of the

excessive use of force by the security services in the south-west and north-west of

Cameroon, where the country’s English-speaking minority is located. Injuries, mass arrests,

arbitrary detention, torture and other ill-treatment inflicted on the English-speaking

minority had also been reported. Freedom of expression had reportedly been limited by the

blocking of Internet connections and of access to social media platforms, such as Twitter,

WhatsApp and Facebook. The appeal for action comes nearly a year after special

procedures mandate holders publicly urged the Government of Cameroon to halt the

violence against the English-speaking minority, following reports that anglophone

protesters in Buea and Bamenda had suffered undue force.20

G. Data collection

47. The role that disaggregated data play in the implementation and monitoring of rights

of persons belonging to minorities has been repeatedly stressed by the Special Rapporteur

on minority issues, human rights treaty bodies and other human rights actors. In the

reflections on her six-year tenure in July 2017, the Special Rapporteur on minority issues

reasserted that it was crucial for States to be aware of the composition of their populations,

including identifying minority groups, in order to obtain an accurate picture of the number,

19 See www.ohchr.org/Documents/Issues/Minorities/SR/LanguageRightsLinguisticMinorities_EN.pdf.

20 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22409&LangID=E.

geographical distribution, identity and socioeconomic status of those groups. Collection and

statistical analysis of disaggregated data on minorities were essential tools for designing

and monitoring adequate policies and targeted plans for minorities. In the process of the

collection and analysis of disaggregated data, provision should be made to safeguard

against discrimination, stigmatization and any misuse of sensitive information, in

accordance with international standards of personal data protection and privacy (see

A/HRC/34/53, para. 72).

48. In her report, the Special Rapporteur also concluded that disaggregated data

gathering should be conducted at the national, regional and local levels through the national

census and periodic social surveys, accompanied by appropriate statistical analysis. It was

essential to include data takers from diverse backgrounds, including minority persons,

especially in territories where minorities were concentrated. Census questions should allow

for open and multiple responses that would enable respondents to self-identify according to

their national, ethnic, religious and linguistic affiliation, including multiple identities. It was

necessary to develop various socioeconomic indicators and indices to assess adequately the

possible marginalization of and discrimination against minorities with respect to, inter alia,

access to education, employment, health, housing and public services (ibid., para. 73).

49. Treaty bodies remain concerned that the data provided by a number of States (a) do

not give the ethnic composition of the population in the State and (b) do not provide a

comprehensive appraisal of the enjoyment of rights, particularly economic, social and

cultural rights. Recommendations and comments have been made in particular by the

Committee on the Elimination of Racial Discrimination with respect to a wide range of

countries.21 The Working Group of Experts on People of African Descent at its nineteenth

and twentieth sessions recommended that States should make a genuine commitment to the

standard of leaving no one behind by collecting disaggregated data (A/HRC/36/60). To

monitor the implementation of the Sustainable Development Goals, it will be important to

improve the availability of and access to data and statistics disaggregated by income,

gender, age, race, ethnicity, migratory status, disability, geographic location and other

characteristics relevant in national contexts. The creation of those indicators should include

the use of data from the existing mechanisms for monitoring compliance with human rights

standards, especially the universal periodic review mechanism of the Human Rights

Council and reviews of compliance with all human rights treaties.

50. The importance of data collection is also evident in connection with the Sustainable

Development Goals. While minorities are not explicitly mentioned in any of the existing

Goals, targets or indicators, the participation of minorities should be a key component of

future deliberations. The disaggregation of data plays a crucial role in identifying and

addressing those left behind and the reasons behind such trends. The engagement of

minorities in the implementation of the 2030 Agenda for Sustainable Development is

crucial to meeting related human rights commitments. Member States should facilitate the

involvement and consultation of minorities and their participation in the voluntary national

reviews and in processes at the national level to plan, implement and monitor national

frameworks for the 2030 Agenda, including in capacity-building.

51. At the country level, in her report on her official visit to the Republic of Moldova,

the Special Rapporteur on minority issues noted that the results of the 2004 census were

largely outdated. She recommended that the Government make all the arrangements

necessary to allow the National Statistics Bureau to process the data, publish the results of

the 2014 census as a matter of urgency and provide that data disaggregated by, inter alia,

gender, ethnicity, language and religious affiliation. Such an analysis could be crucial to

highlighting the vulnerability of different population groups and enabling legislators and

policymakers to establish targeted programmes for them (A/HRC/34/53/Add.2).

52. With respect to her visit to Sri Lanka, the Special Rapporteur stressed that specific

interventions to address the needs of different minority groups should be based on accurate

data that were disaggregated by, inter alia, gender, ethnicity, language and religious

21 See, for example, CERD/C/FIN/CO/23, paras. 6–7, CERD/C/KEN/CO/5-7, paras. 7–8,

CERD/C/ARE/CO/18-21, paras. 5–6, and CERD/C/TJK/CO/9-11, paras. 5–6.

affiliation. Such data were crucial to highlighting the vulnerability of different population

groups, including those that faced multiple forms of discrimination, and enabling legislators

and policymakers to establish targeted programmes. Census questions should allow for

open and multiple responses that enabled respondents to self-identify according to their

national, ethnic, religious and linguistic affiliation, including multiple identities (see

A/HRC/34/53/Add.3, para. 75).

V. Conclusions

53. In the year of the twenty-fifth anniversary of the Declaration on the Rights of

Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, patterns

of discrimination and incitement to racial or religious hatred and violence,

particularly against ethnic or religious minorities, have been recurrent.

54. It is imperative to renew the commitment to minority rights and to take action

to protect those rights both in law and in practice. That commitment should translate

into strengthened legislative and institutional frameworks for minority rights

protection at the country level, in line with the principles of the Declaration. There is a

need to enlarge civic space for minority rights advocacy and to make sure that efforts

by human rights defenders to invoke minority rights in international or domestic

contexts are supported.

55. As is recognized in the preamble to the Declaration, the promotion and

protection of the rights of persons belonging to national or ethnic, religious and

linguistic minorities contribute to the political and social stability of States. It is

essential that the principles contained in the Declaration are also embedded in conflict

prevention and in efforts to prevent violent extremism.

56. Respect for religious diversity and religious dialogue will contribute to fostering

peaceful societies, including the right of all persons belonging to minorities to defend

their freedom of religion or belief and their right to participate equally and effectively

in cultural, religious, social, economic and public life.

57. Advancing minority rights also requires reflection on the importance of

investing in minority youth to contribute to harmonious societies that value cultural

differences and the participation of all, and their contribution to peace and stability.

58. Furthermore, minority rights must be respected in order to meet the

commitment in the 2030 Agenda for Sustainable Development of leaving no one

behind. More disaggregated data on minority groups need to be collected in order to

build effective, evidence-based policies. The participation of minorities in decision-

making at all levels demands greater efforts, including in economic decision-making,

in order to reduce inequalities.