Original HRC document

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Document Type: Final Report

Date: 2019 Jan

Session: 40th Regular Session (2019 Feb)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.19-00303(E)



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Minority issues

Report of the Special Rapporteur on minority issues

Summary

In his report, prepared pursuant to Human Rights Council resolutions 25/5 and 34/6,

the Special Rapporteur on minority issues provides an overview of his activities since his

previous report (A/HRC/37/66). The report also contains a summary of his visit to

Botswana and an update on his first thematic report on statelessness as a minority issue and

the level of awareness-raising and visibility of minorities and their human rights.

United Nations A/HRC/40/64

Contents

Page

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

II. Activities of the Special Rapporteur ............................................................................................. 3

A. Country visits ........................................................................................................................ 4

B. Communications ................................................................................................................... 8

C. Conferences and awareness-raising activities ....................................................................... 8

III. Update on the Special Rapporteur’s first thematic report on statelessness as a minority issue ..... 12

IV. Focus on awareness-raising and visibility of minorities and their human rights ........................... 13

A. Forum on Minority Issues database ...................................................................................... 13

B. Outreach and social media activities ..................................................................................... 13

V. Update on the 2018 Forum on Minority Issues ............................................................................. 13

VI. Conclusions and recommendations ............................................................................................... 15

I. Introduction

1. The mandate of the Special Rapporteur on minority issues was established by the

Commission on Human Rights in its resolution 2005/79 of 21 April 2005. It was

subsequently extended by the Human Rights Council in successive resolutions, the most

recent being resolution 34/6, which extended the mandate under the same terms as provided

for in resolution 25/5.

2. The Special Rapporteur, Fernand de Varennes, was appointed by the Council on 26

June 2017 and assumed his functions on 1 August 2017. His term in office may be renewed

for two three-year periods.

3. The Special Rapporteur is honoured to be entrusted with the mandate and thanks the

Council for its trust in him. He also wishes to thank the Office of the United Nations High

Commissioner for Human Rights (OHCHR) for its support in the implementation of the

mandate.

4. The present report is the second submitted by the Special Rapporteur to the Human

Rights Council. In section II of the report, the Special Rapporteur provides an overview of

his activities in 2018, including an update on the Forum on Minority Issues. In section III,

he provides an update on the topic of statelessness as a minority issue, which was covered

in his first thematic report. In section IV, he highlights the significance of raising awareness

and the visibility of minority issues. In section V, he refers to the development of a new

tool to increase accessibility to and visibility of the recommendations and other

documentation emanating from the Forum on Minority Issues. The final section of the

report contains conclusions and insights on the Special Rapporteur’s mandate.

II. Activities of the Special Rapporteur

5. The Special Rapporteur wishes to draw the attention of the Council to the

information published on the mandate’s website, which provides general information on the

activities associated with the mandate, including communications, press statements, public

appearances, country visits and thematic reports.1

6. The first full year of the Special Rapporteur’s mandate has been focused on

increasing the visibility and raising awareness of minority issues, both within United

Nations institutions and more generally with members of the greater public and other

regional and international organizations, and of exploring new approaches in order to

improve the accessibility of the mandate’s activities such as the Forum on Minority Issues.

7. The human rights of minorities are not always sufficiently acknowledged or

prominent in many areas, including statelessness. This can be seen when, within the United

Nations, groups such as the Rohingya – a religious, ethnic and linguistic minority in

Myanmar – are at times described in its documents as a people, a group, or a community,

but not necessarily as a minority. Uncertainty as to what constitutes a minority for the

purposes of the Declaration on the Rights of Persons Belonging to National or Ethnic,

Religious and Linguistic Minorities, and to the significance in practical terms of such a

status, may partially explain these situations. For these reasons, many of the Special

Rapporteur’s activities have sought to redress, by actively and consistently highlighting the

prominence of minorities as particularly affected by statelessness, hate speech and other

areas of human rights concerns.

8. For these reasons, the Special Rapporteur has focused on the need for greater clarity

as to who are minorities and what are their human rights, as recognized in the Declaration

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

Minorities and other United Nations instruments, including, in particular, article 27 of the

International Covenant on Civil and Political Rights and article 30 of the Convention on the

1 See www.ohchr.org/EN/Issues/Minorities/SRMinorities/Pages/SRminorityissuesIndex.aspx.

Rights of the Child. He referred to the need for steps to address this lack of clarity in his

first speech to the General Assembly in October 2017.

A. Country visits

9. In pursuance of his mandate to promote the implementation of the Declaration on

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

and to identify best practices in every region, the Special Rapporteur looks forward to

continuing a dialogue with Cameroon, India, Jordan, Kenya, Nepal, South Africa, South

Sudan, the Syrian Arab Republic, Timor-Leste and Vanuatu, to whom he has made requests

to visit.

10. The Special Rapporteur wishes to thank the States that accepted visits by previous

mandate holders for their good offices and cooperation, and encourages other States,

including those to which requests for visits have been made, to engage positively with the

mandate. Country visits have helped in addressing fundamental issues pertaining to

minorities and in creating effective communication channels to bring together the means to

improve technical cooperation and respond to the need to capitalize on existing and

evolving positive practices. In addition to country visits, the Special Rapporteur will ensure

continuous and consistent exchanges with Member States on all matters relevant to the

mandate.

11. In all of his missions, the Special Rapporteur focuses on the importance of

addressing discrimination, exclusion and other violations of human rights involving

particularly vulnerable minorities, such as Roma, of doubly or triply marginalized minority

women, and issues pertaining to deaf and hearing-impaired persons who, as users of sign

language, are members of linguistic minorities. During his country visits, the Special

Rapporteur emphasizes the need to have consultations with members of those marginalized

groups and communities.

12. The Special Rapporteur undertook an official mission to Slovenia from 5 to 13 April

2018 (A/HRC/40/64/Add.1). He also conducted a mission to Botswana from 12 to 24

August 2018 (A/HRC/40/64/Add.2).

13. Despite being sometimes viewed as largely mono-ethnic, Botswana is diverse in

ethnic and linguistic terms, though perhaps less so in relation to the religious make-up and

compared with some of its neighbours. Ethnolinguistic communities, for example, can be

divided into five broad groups: Tswana, Basarwa, Bakgalagadi, Wayeyi and Hambukushu.

Officially, some 28 languages are acknowledged in the country, while the Tswana are

comprised of eight subgroups or tribes – Bakgatla, Bakwena, Balete, Bangwaketse,

Bangwato, Barolong, Batawana and Batlokwa – which use mutually intelligible language

varieties collectively known as Setswana. Together they may constitute a demographic

majority, though this is sometimes contested. Some stress the perceived unreliability of the

disaggregated data in the last population census in 2011, which asked for language spoken

by all family members at home, rather than an individual’s mother tongue, in the

determination of ethnicity or language identification. The figures in this last census

indicated 77.3 per cent of the population spoke Setswana at home, 7.4 per cent used

Kalanga, 3.4 per cent Kgalagadi, 2 per cent Shona, 1.7 per cent Tshwa, 1.6 per cent

Mbukushu and 1 per cent Ndebele. Members of the deaf community who use sign language

are present in Botswana and are considered to be members of a linguistic minority for the

purposes of the mandate of the Special Rapporteur. There is, however, an absence of recent

disaggregated data on the situation of minorities and on matters such as ethnicity, religion

or language.

14. The Basarwa, also known as the San, appear to be among the countries most

marginalized minorities. They include several groups and are, conservatively, estimated to

number some 60,000 people, and are usually considered to be the indigenous peoples of

Southern Africa. Botswana voted in favour of adopting the United Nations Declaration on

the Rights of Indigenous Peoples.

15. Among the positive developments noted in his report are the efforts to address the

disadvantages faced by remote-area populations and marginalized groups who are often

persons who belong to minorities, such as the Basarwa, including a five-year informal plan

of affirmative action with regard to the recruitment of persons belonging to minorities in

the army, police and prison systems, and the Remote Area Development Programme.

Revisions to this programme have come to accept a community-led development approach

that aims to promote participatory processes and community participation in issues

affecting their own development, and the need for affirmative measures for the benefit of

communities, including, inter alia, minority communities that have faced intractable

disadvantages, either for logistical reasons, or because of long-standing historical prejudice

and subjugation by the dominant groups. These measures cover matters such as improved

access to education, health, employment and economic development opportunities.

Minorities in these remote areas tend to benefit from the programme.

16. Additionally, religious minorities do not seem to face any major obstacles or

discrimination in terms of accessing education, and it is noteworthy that reports of hate

speech or incitement targeting them or other minorities appear to be practically non-existent.

17. The Government’s policy plan entitled “Vision 2036: Achieving Prosperity for All”

was also commendable as it contained a statement that all ethnic groups would have equal

recognition and representation at the Ntlo ya Dikgosi (“House of Chiefs”). In a section

dealing with what is described as the fourth pillar, involving the constitution and human

rights, the Vision aims for Botswana being among the top countries protecting human rights.

In another section, it refers to the recognition of the cultural heritage and identity that

Botswana must maintain and promote in order to achieve an inclusive and equal

opportunity nation, as well as to enable all its communities to freely live, practice and

celebrate their diverse cultures, including their languages. The Special Rapporteur noted

that, in 2012, during the second cycle of the universal periodic review, the Government

indicated that it appreciated the importance of mother tongue education and that it would

explore strategies for this purpose, including by introducing teacher aides at the primary

school level. It has also been brought to the attention of the Special Rapporteur that the

Government has committed to ratifying soon the Convention on the Rights of Persons with

Disabilities.

18. There are nevertheless areas of concern that have been expressed by a number of

minorities and civil society organizations. One of the prominent issues still to be addressed

is the absence of a more comprehensive human rights framework, such as a bill of rights,

and a review of the Constitution, so that the country becomes more aligned with the

obligations enshrined in the core international human rights treaties. The Special

Rapporteur pointed out that vulnerable or marginalized individuals and communities,

including particularly minorities, are those most likely to be affected by the absence of a

more comprehensive approach to the recognition and protection of human rights. The

Special Rapporteur urged for the future human rights mandate of the Office of the

Ombudsman to comply with the principles relating to the status of national institutions for

the promotion and protection of human rights (the Paris Principles), and that it continue its

positive engagement and efforts in this regard, including through technical assistance by the

United Nations and consultations with national human rights institutions from other

countries.

19. More generally, concerns expressed included the refusal to use minority languages

in education or public media, access to essential and other public services in areas inhabited

by minorities, the representation of minorities in political and other State institutions and in

the symbolic and other structures of the State deemed to be more reflective of the Tswana

majority, and indeed to discriminate against non-Tswana minorities.

20. The Special Rapporteur also highlighted in his report the refusal to allow the

licensing of community radios that could broadcast in minority languages and the

prohibition of the teaching of a minority language in a private school, as well as the more

generalized reluctance to teach in languages other than English and Setswana, which could

be deemed discriminatory and inconsistent with the approaches identified as good practices

in a publication of the former Special Rapporteur, “Language rights of linguistic minorities:

a practical guide for implementation”.2 While Botswana has made great strides to increase

access to education and the quality of its education system, minorities living in remote areas

still face significant difficulties in accessing education. The system of hostel

accommodation put in place to bring children from these communities to live far from their

families in areas closer to schools was signalled out as having in many cases negative, even

tragic, consequences on the lives of many of these children. He was described in vivid

terms children being thrown into an alien world, feeling abandoned by their own mothers

and fathers, with many becoming despondent and running away, or doing very poorly at

school. He was also told the stories of some who eventually benefited and were able to

pursue secondary, and even tertiary, studies. Nevertheless, he was advised that overall

minorities appeared to be disproportionally represented among those who were sent to

hostels in different regions of the country.

21. The Special Rapporteur concluded that the practice amounts to institutionalization of

remote-area minority children, and particularly the Basarwa, and that it should be reviewed

and alternative approaches studied so as to minimize the separation of young children away

from their parents, in the light of the devastating effects this can have. His report contains

other recommendations.

22. The Special Rapporteur invited Botswanan educational authorities to review their

policies of excluding the teaching of and in minority languages in both public and private

schools, so as to be better aligned with the goal of achieving an inclusive and equal

opportunity nation, as well as to enable all its communities to freely live, practice and

celebrate their diverse cultures, including their languages, and with its stated agreement in

2012, during the universal periodic review, of the importance of mother tongue education.

23. Grave concerns were raised as to the continued prominence, and even pre-eminence,

of Tswana chiefs over non-Tswana minorities, in the central and unique constitutional and

political feature of its chieftaincy system (kgotla), and the position and authority of the

House of Chiefs. The intricacies of this defining characteristic of Botswana are outlined in

the report.

24. Broadly speaking, the House of Chiefs is a three-tier system with, at its top, the

chiefs (kgosi) of the eight areas belonging to the Tswana tribes and the four former Crown

lands, five persons appointed by the President, and a maximum of 20 other chiefs selected

by regional electoral colleges for five-year terms. The recognized chiefs of the eight

Tswana tribes rule over other tribes whose chiefs are not recognized, and they recommend

to the Government the appointment of subchiefs, senior chiefs’ representatives and

headmen.

25. Some changes, such as the Bogosi Act, adopted following litigation brought by

members of the Wayeyi community and the resulting 2001 High Court judgment, which

found section 2 of the Chieftainship Act to be discriminatory and unconstitutional, have led

to improvements, such as the formal recognition of the Wayeyi as a tribe in 2016 and of

their Chief in 2017. However, the High Court had ordered recognition of the equal

protection and treatment of all tribes under the Act. Under the current three-tiered

arrangement, the chiefs of the eight Tswana tribes retain a permanent and automatic quota.

Many others tribes are either unrecognized, unrepresented or need to have their chiefs

elected periodically – if they can – as members of the House of Chiefs. A number of

minority representatives have stated that they feel excluded, disadvantaged politically and

that they are not able to enjoy the same advantages and benefits as tribes who are

automatically represented, including in terms of recognition and respect for their identity.

This system continues to create tensions in Botswanan society, in particular the more

prominent role, rights and privileges of the chiefs of the eight Tswana tribes, which could

still be considered discriminatory, as were previously parts of the Chieftainship Act in 1999.

Many tribes remain completely unrecognized under the current legislation, and even those

who have been recognized since the adoption of the Bogosi Act are not automatically

2 See www.ohchr.org/EN/Issues/Minorities/SRMinorities/Pages/LanguageRights.aspx.

treated the same as the paramount chiefs of the eight Tswana tribes. Some receive no salary

(the chiefs of the eight Tswana tribes do) and in practice may not be able to impose their

authority on neighbouring subchiefs, thus meaning in concrete terms that the recognition is

in some cases more theoretical than real.

26. Other laws still only recognize Tswana tribes and tribal structures and not those of

minority tribes. For example, the Tribal Land Act of 1968, which deals with tribal land

rights in Botswana, names tribal territories after the major Tswana tribes only and

designates their chiefs as the custodians of these territories.

27. There are tensions surrounding the claimed predominance of the eight Tswana tribes

in nominations in the current kgotla and chieftaincy system, which serve as the custodians

of the culture of the people but also importantly address some 80 per cent of criminal and

other matters in their communities. While the kgotla system provides for direct public

participation and consultation at the local level, it seems that the adjudication system based

on the kgosi may also result, at least in some cases, to the dominant tribe imposing its

customary law on minority tribes in a tribal territory in civil matters.

28. There are also gender issues that arise from the kgotla and chieftaincy system, since

women in minority communities – as well as the Tswana – do not seem to occupy many

positions as kgosi. The principle of non-discrimination suggests that the future review of

the whole kgotla and chieftaincy system necessarily consider how best to ensure the rights

of political participation of women, including minority women, in a non-discriminatory

way.

29. Overall, the Special Rapporteur is of the view that the current kgotla and chieftaincy

system is neither consistent with the human rights obligations of Botswana nor conducive

to long-term peace and stability in the country.

30. Land laws, still largely reflecting the colonial land tenure system set up by the

British that specifically recognized Tswana interests in land over minority tribes in the

country, are another continuing source of friction. Members of minority communities often

perceive that they are being discriminated against because they do not receive the same

recognition as the Tswana, particularly in the absence of a clear mechanism for demarking

and recognizing traditional or historical land use or addressing long-standing grievances.

Such an absence at least gives the impression that the system is not ethnically neutral nor

susceptible to favouritism, particularly since it is claimed that Tswana customary law tends

to dominate in these matters.

31. The Special Rapporteur expressed concern that the situation of the Basarwa and

Bakgalagadi living in the Central Kalahari Game Reserve or those resettled in Kaudwane

and New Xade, because of a continuing restrictive – and inaccurate – interpretation of the

2006 High Court judgment in Roy Sesana and Others v. Attorney General, are still subject

to a limited right of return to the reserve, with access to water and State services also still

unresolved, as are traditional hunting, grazing and foraging issues.

32. Tensions over the use of land by minority communities and wildlife management are

also a particular feature of Botswana. The Special Rapporteur learned of minority

communities in Kasane, as well as communities enclaved by the Chobe National Park and

forest reserves, who feel poorly served in terms of the implementation of policies and

programmes that should normally ensure equal access to State services, such as education

and health, so that no one is left behind. Minority communities, such as the Basubiya, have

limited access to the lease of very small plots of land, since their traditional lands are

considered State land. While damage done by wildlife to their crops, homes, property and

even to themselves means in theory that they are entitled to some compensation, the

amounts involved are often either quite insignificant or at times never paid when the budget

for compensation has been exhausted. There is also the challenge of inhabitants in some

communities being locked in after 6.30 or 7.30 p.m. every evening, the road leading from

their communities to Kasane, outside the national park where most government and other

services are located, being closed except for emergency medical evacuation. The above

issues raise the often expressed feeling that non-Tswana minorities who live in these

communities are not fairly treated by the State authorities.

33. The Special Rapporteur was also told that difficulties in access to water and other

basic services disproportionally affect settlements in which certain nomadic and minority

communities live, including, in particular, the San and other Basarwa communities. He was

informed that even in a major town such as Maun, with a concentration of Wayeyi and

other minorities, the provision of water in the municipality was not always guaranteed.

34. Generally speaking, the use of languages other than English or Setswana is not

provided for in the information or communication activities of the country. Even

HIV/AIDS awareness-raising campaigns use only Tswana and English, although the

Special Rapporteur was advised that the Government tries to liaise with local organizations

for the effective dissemination of information. In terms of broadcasting on public television,

the only exception would seem to be the 30 minutes of interpretation offered in sign

language out of the 24-hour programme.

35. Although private printed media exist in Botswana, these only appear, and apparently

are only allowed, in English and Setswana. Any prohibition of the use of other languages in

private media, and this includes minority languages, would be contrary to fundamental

human rights, such as freedom of expression. It was brought to the attention of the Special

Rapporteur that, although private radio stations do exist, they are all based in Gaborone,

and apparently no private radio station is allowed to broadcast any programme in any of the

country’s minority languages. Broadcasting licences for locally based community radio

stations have until now always been rejected, and in some cases this may have been

partially motivated by the proposed use of minority languages in some of the programming.

36. While there is, since 1994, a recognition of sorts of sign language in Botswana with

its introduction in the country’s revised education policy and a growing use of the language

in schools, training programmes and as interpretation in the court system, many challenges

remain. It was brought to the attention of the Special Rapporteur that there is a lack of

qualified and professional interpreters, particularly in the health-care sector, and of outreach

and health education programmes in sign language, which negatively affects the effective

dissemination of information with regard to health prevention, and that even in schools for

members of the deaf minority community most of the teachers are not trained in sign

language or in teaching methods adapted to the educational needs of deaf persons.

B. Communications

37. The Special Rapporteur sent letters of allegation and urgent action letters to the

Member States concerned, based on information he had received from diverse sources

about human rights violations perpetrated against national, ethnic, religious and linguistic

minorities. Those communications and the responses thereto are publicly available.3

38. A total of 51 communications have been sent to Governments since January 2018.

All of those were sent jointly with other special procedure mandate holders. Of those, 11

were urgent appeals, 27 were letters of allegation, and 13 were other letters expressing

concerns about legislation or policy.

39. The largest number of communications (21) were sent to States in the Asia-Pacific

region, followed by Europe and Central Asia (19), the Middle East and North Africa and

Africa (4 each). One communication was sent to a State in the Americas region, while two

are not associated with a specific region.

C. Conferences and awareness-raising activities

40. Raising awareness and the visibility of the human rights of minorities has been

repeatedly highlighted as an important dimension of the Special Rapporteur’s mandate

since his election in June 2017. This has, among others, taken the form of frequently

speaking and contributing to numerous conferences seminars, and meetings, internationally,

3 www.ohchr.org/EN/HRBodies/SP/Pages/CommunicationsreportsSP.aspx.

regionally and nationally, throughout the world and with a variety of governmental and

non-governmental organizations (NGOs). In particular, he has, whenever the opportunity

has presented itself, referred to the minority issues that have been identified as the thematic

priorities of his mandate, such as statelessness, education and the languages of minorities,

hate speech and social media, and the prevention of ethnic conflicts. Cross-cutting issues

have also been frequently highlighted, including the double or even triple marginalization

of minority women, and particularly vulnerable groups, such as Roma and the Dalit. The

Special Rapporteur has, on many occasions, additionally emphasized in his activities that

sign language users are members of a linguistic minority. He has also given frequent media

interviews on issues involving the human rights of minorities.

41. On 29 January, the Special Rapporteur participated in an expert seminar organized at

the Institute of Education of the Higher School of Economics in Moscow, during which he

spoke about minority rights and linguistic rights in education. The next day he was a key

speaker at the annual meeting of the Russian International Law Association on global

challenges and effectiveness of international law, held at Moscow State University, during

which the Association addressed the issue of the “Protection of Minorities in International

Law: Its Importance in Today’s Global Instabilities and Uncertainties”. On the same day,

he also held a seminar on “25 Years of the Declaration on the Rights of Persons Belonging

to National or Ethnic, Religious and Linguistic Minorities: Directions and Relevance for

Education” at the Institute of Education, Higher School of Economics.

42. On 14 February, he was a guest lecturer at the Linguistics Department of the Faculty

of Arts and Social Sciences at the Université de Moncton in Canada, where he made a

presentation on the possible contributions of international human rights law in relation to

indigenous languages.

43. On 13 March, he spoke on the rights of linguistic and other minorities and the global

human rights system at a parallel event on the situation of human rights in the Islamic

Republic of Iran, at the Palais des Nations in Geneva.

44. On 26 March, he was keynote speaker at the launch of the Peter McMullin Centre on

Statelessness at Melbourne Law School in Australia, where he directly addressed the

thematic issue of “Statelessness and its Causes: Discrimination, Minorities and the Asia-

Pacific Region”.

45. On 26 April, in Barcelona, Spain, he was keynote speaker at the end of the 36th

human rights course on human rights in the face of extremism and discrimination,

organized by the Catalan Institute of Human Rights, where his presentation dealt with

extremism, discrimination and the need for a new commitment towards human rights.

46. On 30 April and 1 May 2018, he convened and presided over a regional expert

workshop in Bangkok on statelessness and minority rights.

47. On 9 May, he was among speakers invited to the First International Muslim

Minorities Congress held in Abu Dhabi, during which he again explored one of the

thematic priorities of his mandate in a presentation on “Hate Speech, Intolerance and

Religious Minorities: Global Challenges and Responses”.

48. On 10 May, he was a guest at the meeting on “Arab Human Capital in Israel:

Organizing and Activation”, organized by the High Follow-up Committee for Arab Citizens

of Israel and held in Taibe, Israel, during which he spoke on “The Value of Protecting the

Human Rights of Minorities: Education and Language”, another of the thematic priorities

of his mandate.

49. On 24 May, he participated in the third meeting of the Global Action Against Mass

Atrocity Crimes held in Kampala, during which he also made a presentation on atrocity

prevention and minority policies.

50. On 31 May, he was one of the keynote speakers at the conference entitled

“Language Policy and Conflict Prevention: Revisiting the Oslo Recommendations

regarding the Linguistic Rights of National Minorities”, held in Oslo and co-organized by

the High Commissioner on National Minorities of the Organization for Security and

Cooperation in Europe (OSCE) and the Norwegian Resource Bank for Democracy and

Human Rights, during which he made a presentation on the international dimension of

conflict prevention and the linguistic (human) rights of minorities.

51. On 17 June, he participated in a workshop, held in Oslo, focusing on minority rights

in the Middle East and North Africa. The next day, he spoke on inclusive citizenship,

human rights and identity politics, at the International Conference on Human Rights and

Inclusive Citizenship – Conditions for Co-existence in Conflict-ridden Societies, organized

by the Norwegian Centre for Holocaust and Minorities Studies at the University of Oslo.

52. On 20 June, he made a presentation on the theme of new opportunities in European

minority protection and the mandate of the Special Rapporteur on minority issues, at the

sixty-third Congress of the Federal Union of European Nationalities, in Leeuwarden in the

Netherlands.

53. On 25 June, he addressed, as a panellist, the World Conference on Religions, Creeds

and Value Systems: Joining Forces to Enhance Equal Citizenship Rights, held in Geneva,

organized by the Geneva Centre for Human Rights Advancement and Global Dialogue, the

International Catholic Migration Commission, the World Council of Churches, the World

Council of Religious Leaders, Bridges to Common Ground and the European Centre for

Peace and Development.

54. On 26 June, he participated as an expert in the round table on citizenship stripping as

a security measure, held in The Hague, the Netherlands, and organized by the Institute on

Statelessness and Inclusion, in collaboration with the Open Society Justice Initiative, the

Asser Institute and Ashurst.

55. On 3 July, he gave a keynote speech on United Nations standards regarding the

protection of the human rights of minorities for stable and inclusive societies at the First

Nations Governance Forum, coordinated by the Australian National University in Canberra.

The next day, he made a presentation on the nature and extent of minority rights in

international law and his mandate, at the same venue.

56. On 11 July, he spoke on “Human Rights at a Crossroads: Where We Stand in 2018”,

for the United Nations Information Service’s fifty-sixth Graduate Study Programme on the

seventieth anniversary of the Universal Declaration of Human Rights, in Geneva.

57. On 12 July, he gave a lecture on his mandate, activities and the challenges he faced

for the Summer Human Rights Programme of the School of Law at Murdoch University in

Australia, which was held in Geneva.

58. On 16 July he gave a presentation on his mandate to the sixth Global Minority

Rights Summer School, “The Law and Politics of Minority Rights: Are Norms and

Institutions Failing Us?”, held in Budapest.

59. On 14 September, he was a keynote speaker on the topic of “Tolerance and Non-

Discrimination: Minorities and the Prevention of Aggressive Nationalism, Racism and

Chauvinism”, at the 2018 Human Dimension Implementation Meeting held by the OSCE

Office for Democratic Institutions and Human Rights in Warsaw.

60. On 19 September, he made a presentation at the World Conference on Xenophobia,

Racism, and Populist Nationalism in the Context of Global Migration, held in the Vatican

and organized by the Dicastery for Promoting Integral Human Development, the World

Council of Churches and the Pontifical Council for Promoting Christian Unity.

61. On 26 September, he spoke on the issue of “Identity and Belonging: the Role of

Human Rights for Minorities”, during the 2018 session of the European Union

Fundamental Rights Forum, “National Minorities and the State: from Exclusive Identities

to Multilayered Forms of Identities”, organized by the European Union Agency for

Fundamental Rights and the Council of Europe in Vienna.

62. On 1 October, he gave a public lecture on special procedures and his mandate, in

particular, at the Irish Centre for Human Rights in Galway. The same day he gave a

seminar for staff and students on the topic of the linguistic – and other – rights of minorities

and the global human rights system.

63. On 4 October, he addressed the European Parliament’s Intergroup for Traditional

Minorities, National Communities and Languages on the issue of minority rights, in

Strasbourg, France.

64. On 5 and 6 October, he participated in a preparatory meeting coordinated by the

Tom Lantos Institute with a number of European minority NGOs to discuss the possibility

of organizing a forum on the education and the linguistic rights of minorities in Europe in

Brussels.

65. On 8 October, he gave a presentation on his mandate and priorities to the members

of the Advisory Committee of the Council of Europe’s Framework Convention for the

Protection of National Minorities, in Strasbourg, France.

66. On 11 October, he spoke on the topic of “Language is Power: An International and

Legal Perspective”, at the Conference on Fulfilling Indigenous Peoples’ and Minority

Rights to Culture and Language, organized by the Human Rights Consortium of the

Institute of Modern Languages Research at the School of Advanced Study, University of

London, and Brunel University Law School, in London.

67. On 12 October, he was keynote speaker at a colloquium in Paris on linguistic justice,

during which he presented a paper on language rights and the human rights of minorities.

68. On 18 October, he participated in a side event on statelessness organized by the

Institute on Statelessness and Inclusion and the Open Society Justice Initiative in New York.

69. On 22 October, he participated in a side event on the theme of “Freedom of Religion

or Belief: an Indicator of Human Rights Protections” and spoke about “Freedom of

Religion: the First Right for Religious Minorities”. The event was organized by the Non-

Governmental Organizations Committee on Freedom of Religion or Belief at the Baha’i

International Centre in New York.

70. On 23 October, he presented his annual report to the General Assembly, during

which he also presented his initial thematic report on statelessness as a minority issue,

highlighting why more than three quarters of the world’s stateless are members of a

relatively small number of minorities around the world and proposing further steps to raise

awareness and the visibility of the human rights dimensions and, in particular, the

discriminatory denial or stripping of citizenship, which are the root causes of the most

serious cases of statelessness in every region of the globe. Among some of the significant

recommendations are the need to focus on minorities as the main victims of statelessness,

as well as the necessity to further develop guidelines or practices to tackle more precisely

and directly the practices, policies and laws that result in so many minorities being the main

victims of statelessness.

71. On 27 October, he presented the keynote speech at the graduation ceremony for

European regional MA in democracy and human rights in South-East Europe on

“Democracy and Human Rights: the Challenge of Heroes”, at the University of Sarajevo.

72. On 29 October, he gave a seminar on “The Language Rights of Linguistic Minorities:

International Standards and their Significance”, organized by the European Foundation of

Human Rights, in Vilnius.

73. On 30 October, he gave a lecture on his mandate and activities at the European

Foundation of Human Rights, in Vilnius.

74. On 6 November, he participated in the OHCHR (Middle East and North Africa)

Youth Training Conference and gave a speech on the specific United Nations mechanisms

that protect minority rights, in Marrakech, Morocco.

75. On 13 November, he addressed the issue of “Conflict Prevention to Avoid

Humanitarian Crises: the Role of Human Rights and the Protection of Minorities”, at a

special meeting on protecting vulnerable religious minorities in conflict and crisis settings

organized by the Foreign and Commonwealth Office of the United Kingdom of Great

Britain and Northern Ireland, in association with the United States Agency for International

Development, in Wilton Park, United Kingdom.

76. On 26 November, he was keynote speaker at the Conference on Practicing Pluralism

in the Field of Human Rights in Geneva, which was made possible by the Global Centre for

Pluralism and the Permanent Mission of Canada to the United Nations Office and other

international organizations in Geneva. He spoke on the theme “Of Values and Men:

Challenges to the International Human Rights Architecture”.

77. On 27 November, he made the opening remarks at the conference on addressing

anti-Gypsyism in a post-2020 European Union framework for national Roma integration

strategies, organized by the Federal Chancellery of Austria, in Vienna.

78. On 27 November, he was one of the speakers at the eleventh Human Rights

Conference on the topic of “Human Rights at a Crossroads: the Protection of Religious and

Other Minorities”, organized by the Ministry of Foreign Affairs of Hungary, in Budapest.

79. On 29 November, he addressed a side event during the eleventh Forum on Minority

Issues, in Geneva, entitled “Not Just Paper: Intersectional and Aggravating Factors

Affecting the Lives of Stateless Minorities”, organized by Minority Rights Group

International and sponsored by the Permanent Mission of Austria to the United Nations

Office and other international organizations in Geneva. On 30 November, the Special

Rapporteur participated in two further side events during the Forum: one organized by the

Jssor Youth Organization, in partnership with the Helping Hands Foundation and OHCHR

on the Ibelong campaign to eradicate statelessness; and the other was the presentation of the

Forum’s information website and online database launched by the Human Rights

Consortium of the University of London, and the Tom Lantos Institute.

80. On 5 December, he spoke on his mandate and thematic priorities at a conference on

the struggles and opportunities of the Hungarian minority communities in Romania, held in

Cluj-Napoca, Romania.

81. On 6 December, he attended a seminar on Hungarian minority education, held in

Târgu Mureş, Romania.

82. On 7 December, he attended a conference and book project meeting, in Budapest, on

minority rights, organized by the Tom Lantos Foundation and the Human Rights

Consortium of the University of London, during which he gave a presentation on his

mandate and thematic priorities.

83. On 10 December, he made a presentation on “Never Again? Minorities, Human

Rights and the Prevention of Genocide 70 Years Later” at the Third Global Forum against

the Crime of Genocide, held in Yerevan and organized by the Ministry of Foreign Affairs

of Armenia.

84. He also conducted numerous media interviews on his mandate and minority issues

globally.

III. Update on the Special Rapporteurs first thematic report on statelessness as a minority issue

85. In his first thematic report to the General Assembly in October 2018, the Special

Rapporteur highlighted the extent to which statelessness is mainly a minority issue, since

more than 75 per cent of the world’s more than 10 million men, women and children who

find themselves deprived of citizenship are persons belonging to national or ethnic,

religious and linguistic minorities. He also explained the underlying causes and patterns for

why certain minorities find themselves specifically affected because of breaches of

international human rights obligations, and in particular the international prohibition of

discrimination.

86. The 2018 Forum on Minority Issues expanded and enriched the observations and

recommendations presented in the Special Rapporteur’s thematic report by providing

further information and insights on the extent, significance and dire consequences of

statelessness for minorities in many States, including in countries in which such

information had not been previously considered. Among the information provided was, for

example, the fact that the world’s largest single group of stateless persons are Palestinians,

though their numbers are not provided in the official statistics of the Office of the United

Nations High Commissioner for Refugees (UNHCR) on stateless minorities.4 There was

also powerful testimonies to the double and even triple marginalization minority women

can encounter and the increasing threat of new waves of statelessness appearing due to

refugee and migratory trends, as well as new reported cases of documentary and other

requirements potentially leading to millions more minorities becoming de facto stateless in

Assam, India, and other parts of the world.

87. The Special Rapporteur intends therefore to continue work on the thematic priority

of statelessness as a minority – and human right – issue by convening a group of experts in

order to prepare guidelines and good practices, in line with United Nations human rights

obligations, such as the prohibition of discrimination and the right of children to a

nationality, on how to tackle the root causes of the problem, which result in the vast

majority of stateless persons being those who belong to a small handful of minority

communities.

IV. Focus on awareness-raising and visibility of minorities and their human rights

A. Forum on Minority Issues database

88. More than 4,000 statements, declarations, recommendations and other documents

have been produced since the establishment of the Forum on Minority Issues. Access to,

and hence the visibility of, these documents has not always been straightforward,

particularly since a large number of these, in particular statements, have not been

transcribed. First announced by the Special Rapporteur at the 2017 Forum, the Forum on

Minority Issues database (www.minorityforum.info) was launched on 30 November 2018

during the eleventh session of the Forum to remedy this lacuna.

89. Created by the Tom Lantos Institute in cooperation with the Human Rights

Consortium of the University of London, the database compiles statements from the 2008

to 2016 sessions of the Forum, as well as key minority rights standards, reports of the

special rapporteurs and independent experts on minority issues, and recommendations in

the field of minority rights. The database is a searchable, user-friendly resource for civil

society actors, including minorities, States, international organizations, academics, and

other stakeholders working for the human rights of minorities, thus addressing what the

Special Rapporteur had identified as a priority area early in his mandate in 2017.

B. Outreach and social media activities

90. In 2018, the Special Rapporteur participated in or addressed some 50 conferences

and meetings around the world and also gave a significant number of media interviews.

Nevertheless, in order to reach out beyond those traditionally interested or active in the

field of minority issues and to better promote awareness in and the implementation of the

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

Linguistic Minorities, the Special Rapporteur will explore ways to better use media in

general, and social media in particular.

V. Update on the 2018 Forum on Minority Issues

91. The Forum on Minority Issues was established in 2007 by the Human Rights

Council in resolution 6/15 and reaffirmed in 2012 by resolution 19/23. It is mandated to

4 While UNHCR recognizes that there are some 10 million stateless persons in the world (excluding

Palestinians), other organizations, such as the Institute on Statelessness and Inclusion in The World’s

Stateless report, suggest that the number is closer to 15 million, though inclusive of Palestinians.

provide a platform for promoting dialogue and cooperation on issues pertaining to national

or ethnic, religious and linguistic minorities, as well as to provide thematic contributions

and expertise to the work of the Special Rapporteur on minority issues. The Special

Rapporteur is tasked with guiding the work of the Forum, preparing its annual meetings and

reporting to the Human Rights Council on its thematic recommendations. The Forum meets

annually in Geneva for two working days allocated to thematic discussions. It brings

together an average of 500 participants, including minorities, Member States, United

Nations mechanisms, regional intergovernmental bodies and NGOs.

92. The eleventh session of the Forum was held on 29 and 30 November 2018, with the

topic “Statelessness: A Minority Issue”. This year’s number of participants far exceeded the

average level of previous years, with more than 600 being counted.

93. Rita Izsák-Ndiaye, former Special Rapporteur on minority issues, was appointed as

Chair of the eleventh session by the President of the Human Rights Council. A total of 12

experts and members of minorities from different parts of the world presented the four main

panel discussions: the root causes and consequences of statelessness affecting minorities;

statelessness resulting from conflicts, forced population movements and migration affecting

minorities; ensuring the right to a nationality for persons belonging to minorities through

facilitation of birth registration, naturalization and citizenship for stateless minorities; and

minority women and children affected by statelessness – advancing gender equality in

nationality laws. The Forum was opened on Thursday 29 November 2018 by the President

of the Human Rights Council, Vojislav Šuc, followed by a video statement by the High

Commissioner for Human Rights, Michelle Bachelet, a statement by the Special Rapporteur

and remarks by the Chair.

94. In an effort to improve dialogue among stakeholders and better focus the exchanges

on the topic, the session was comprised of four panel discussions, each introduced by three

experts or minority activists. Four moderators guided the discussions, which helped to keep

floor interventions more focused on the topic at hand and to maintain a high level of

engagement by participants throughout the two-day programme.

95. The Special Rapporteur reiterates the crucial importance of the Forum on Minority

Issues, which represents the only avenue for a number of minority rights activists to

advocate for change at the international level, but also a positive and unique platform for

promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and

linguistic minorities. He noted the extremely high levels of participation in 2018, including

more than 200 declarations and 100 written statements made during the two-day Forum, as

evidence of the timeliness and relevance of this year’s topic for many minorities around the

world, but also of the vital role the Forum continues to play as a unique focal point of

discussions and exchanges at the United Nations for minorities, civil society organizations

and Member States.

96. He notes in particular, among the many recommendations made at the Forum, a call

made by Member States and other participants for an international day for the eradication

of statelessness, as well as for a General Assembly resolution solemnly recognizing, as a

binding rule of customary international law, that a State in which a child is born must grant

nationality to that child if otherwise he or she would be stateless.

97. Another suggestion at the 2018 Forum is the proposal to hold, initially, three

regional forums in 2019 on education and the languages of minorities, before the November

2019 Forum in Geneva, to provide more accessible and flexible platforms to encourage

more contextualised discussions of regional realities and gain more regional insights and

suggestions that would subsequently be taken into account at the 2019 Forum and be part of

a larger debate. At the time of writing of the present report, the final report on the 2018

Forum is not yet finalized.

98. Although the Forum achieved a number of its objectives, the Special Rapporteur

reiterates his view that there remains a need to consolidate the Forum as a space for

interactive dialogue and to increase the engagement of States, United Nations bodies,

regional organizations and other stakeholders. Additionally, from a procedural viewpoint,

the increasingly large number of participants continues to create frustration as not everyone

is able to take the floor under the desired agenda item and to delve into specific thematic

issues or concerns, particularly when they are limited to two or three minutes to do so.

While a more regional approach may make this interactive dialogue more accessible to

minorities in different parts of the world and more receptive to regional concerns and

contexts, other improvements should also be examined in 2019.

VI. Conclusions and recommendations

99. The Special Rapporteurs first thematic report to the General Assembly in

2018 on statelessness, as well as the focus of the 2018 Forum on Minority Issues on

statelessness as a minority issue, have succeeded in raising awareness and the visibility

of the extent statelessness in every part of the world and that it mainly involves

persons who belong to specific minorities. He intends to further pursue awareness-

raising activities on statelessness as a minority issue with the United Nations, UNHCR,

States and other stakeholders in 2019 in order to suggest more effective ways of

addressing the root causes of statelessness affecting the vast majority of the worlds

more than 10 million stateless persons. The success of the 2018 Forum has contributed

greatly in enhancing the visibility and raising awareness of this issue.

100. He urges that, in view of the high-level review in 2019 of the UNHCR Ibelong

campaign to eradicate statelessness by 2024, the issue of how to address more directly

the root causes of the denial or stripping of citizenship, involving more than 7.5

million minorities, be acknowledged and included for further deliberation and action.

101. He invites States, regional organizations, NGOs, OHCHR and UNHCR to more

proactively and as a matter of priority direct their attention and efforts to addressing

the de facto and de jure statelessness affecting minorities.

102. In line with the suggestions made at the Forum, he calls upon States to draft

and adopt a General Assembly resolution solemnly recognizing, as a binding rule of

customary international law, that the State in which a child is born must grant that

child the nationality of that State if otherwise he or she would be stateless.

103. He invites States and other interested parties to follow up on the

recommendation made at the Forum that the United Nations consider formally

recognizing an international day of observance each year dedicated to raising

awareness of the situation of stateless persons worldwide.

104. He reiterates the need for a more targeted and comprehensive identification of

the positive measures that States can take to avoid the scourge of statelessness

affecting millions of minorities, in accordance with their international human rights

obligations. He intends to develop expert guidelines to this effect in 2019.

105. The continued success of the Forum, measured by the very high levels of

participation in 2018, is noteworthy. The Special Rapporteur is of the view that

additional regional platforms, inspired by the Forum, will be considered in 2019 so as

to strengthen its role as an important platform for promoting dialogue and

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

and linguistic minorities, which provides thematic contributions and expertise to the

work of the Special Rapporteur, and identifies best practices, challenges,

opportunities and initiatives for the further implementation of the Declaration on the

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

pursuant to Human Rights Council resolution 6/15, which was reaffirmed by

resolution 19/23. It is therefore hoped that at least three regional forums could be held

in Africa, Asia and Europe so that this unique platform can be supplemented by these

initiatives to be even more responsive to regional contexts and concerns, as well as

more accessible to interested parties on a regional basis and more conducive to

interactive dialogue among stakeholders, including State authorities and minority

organizations.

106. The launching in 2018 of a searchable database of the more than 4,000

documents related to the Forum since 2008 greatly improves access to and the

visibility of the many valuable statements, declarations, reports, recommendations

and other contributions connected to the unique contribution of this global platform

for dialogue and expertise. The Special Rapporteur hopes to increase the awareness

and visibility of his mandate with the aim, in particular, of creating better

understanding of the human rights obligations reflected in the Declaration on the

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

and clarifying the concept of minority as a means of overcoming obstacles to the full

and effective realization of such rights.