United Nations A/HRC/34/53*

General Assembly Distr.: General

9 January 2017

Original: English

Human Rights Council

Thirty-fourth session
27 February-24 March 2017
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Report of the Special Rapporteur on minority issues

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on minority issues, prepared pursuant to Council resolution 25/5. In
her report, the Special Rapporteur describes the activities carried out since her previous
report to the Council and reflects on her six-year tenure as Special Rapporteur, providing an
overview of the main issues relating to the mandate.

* Reissued for technical reasons on 28 February 2017.

GE.17-00237(E)

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A/HRC/34/53

Report of the Special Rapporteur on minority issues**

Contents
Page
I. Introduction ................................................................................................................................... 3
II. Activities of the Special Rapporteur in 2016 ................................................................................ 3
A. Country visits ........................................................................................................................ 3
B. Communications ................................................................................................................... 4
C. Update on the Forum on Minority Issues.............................................................................. 4
D. Events and conferences ......................................................................................................... 4
E. Statements ............................................................................................................................. 6
F. Detailed analysis of communications sent by the mandate ................................................... 6
G. Follow-up on country visit recommendations ...................................................................... 6
H. Research on minority issues during the second cycle of universal periodic
review process ...................................................................................................................... 6
III. Reflections on the six-year tenure of the Special Rapporteur ...................................................... 6
A. Introduction .......................................................................................................................... 6
B. List of priorities identified at the beginning of the mandate and updates on
achievements ........................................................................................................................ 7
C. Major challenges identified .................................................................................................. 12
D. Commemoration of the twenty-fifth anniversary of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities ................... 17
E. Forum on Minority Issues ..................................................................................................... 17
IV. Conclusions and recommendations ............................................................................................... 19
Annex
Main data on communications sent by the mandate of the Special Rapporteur on minority
issues (2005-2016) ........................................................................................................................ 22

** The annex to the present document is circulated in the language of submission only.

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I. Introduction
1. The present report of the Special Rapporteur on minority issues, Rita Izsák-Ndiaye,
is submitted pursuant to Human Rights Council resolution 25/5. It is the last report that she
will submit to the Council as mandate holder. Section II contains an overview of her
activities since her previous report to the Council (A/HRC/31/56). In section III, the Special
Rapporteur reflects on her six-year tenure as mandate holder. She provides a brief overview
of her thematic priorities and outcomes and considers some major challenges and emerging
issues relating to the rights of persons belonging to national or ethnic, religious and
linguistic minorities. She also provides some reflections on the work of the Forum on
Minority Issues during her mandate.
2. The Special Rapporteur thanks the numerous entities that have supported and
collaborated with the mandate during her tenure, including minority communities, Member
States, United Nations agencies, civil society organizations, academic and research
organizations, and numerous other stakeholders. She would like to particularly thank the
Office of the United Nations High Commissioner for Human Rights (OHCHR) for the
continuous support provided to the mandate.

II. Activities of the Special Rapporteur in 2016

3. The Special Rapporteur wishes to draw the attention of the Human Rights Council
to the biannual bulletin published on her website, which summarizes all the activities of the
mandate, including country visits, communications, thematic reports, press statements and
public appearances.1

A. Country visits

4. During the reporting period, the Special Rapporteur conducted visits to Iraq, the
Republic of Moldova and Sri Lanka. The reports of these missions will be issued as
addenda to the present document.
5. The Special Rapporteur visited Iraq from 27 February to 7 March 2016. She
expressed the need for bold steps to be taken to give hope to ethnic and religious groups
facing an uncertain future. She concluded that while all communities had suffered under the
criminal brutality of the so-called Islamic State of Iraq and the Levant (ISIL), also known
as Daesh, many smaller ethnic and religious groups, including the Yazidis, had borne the
brunt of violence and atrocities and thousands had been displaced. Some community
leaders stated that their communities felt vulnerable to violence and abandoned and were
concerned about their future in the country, with many deciding to leave Iraq. She
acknowledged that confronting the clear and immediate danger posed by ISIL must be a
high priority of the Government. However, she highlighted that the challenges faced by
many minority groups did not begin with ISIL and would not end with its defeat. She
expressed her belief that long-standing societal discrimination and marginalization of ethnic
and religious groups must be more comprehensively acknowledged and confronted and a
clear message must be sent to all of the country’s diverse communities that they do have a
future in Iraq.

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

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6. The Special Rapporteur visited the Republic of Moldova from 20 to 29 June 2016.
She called on the Government to further promote the linguistic rights of minorities and to
strengthen the unity between various population groups in the country. She emphasized that
diversity should be valued as an important asset and strength of the Republic of Moldova.
She has observed that the use of the mother tongue is highly important and emotive for
many communities and an essential aspect of personal and community identity. She
therefore urged that measures be taken to minimize the politicization of the use of
languages, which often leads to polarization and might threaten peaceful coexistence if not
resolved. She stressed that the future of the Republic of Moldova must be shaped and
defined on the basis of such values and principles as respect for human rights, good and
inclusive governance and the protection of minority rights, not by geopolitical labels.
7. The Special Rapporteur visited Sri Lanka from 10 to 20 October 2016. She urged the
Government to seize the momentum gained by the new administration and to show its
commitment to minority rights through concrete action. She noted that to achieve peaceful
coexistence after the long, devastating civil war, a comprehensive, well-planned and well-
coordinated truth, reconciliation, healing and accountability process must take place, and it
could not be done overnight. However, she also stressed, that at the same time, the
Government must rapidly put in place significant and concrete measures to clearly
demonstrate its political will and commitment to better protect the dignity, identity, equality
and right to participation in all walks of life of Sri Lanka’s minorities.

B. Communications

8. The Special Rapporteur continued to send communications in the form of letters of

allegation and urgent action letters relating to minority issues to Member States, the
majority sent jointly with other relevant mandate holders. These are publicly available,
together with the responses from the States concerned.2

C. Update on the Forum on Minority Issues

9. The Special Rapporteur was requested by the Human Rights Council, in its
resolutions 6/15 and 19/23, to guide the work of the Forum on Minority Issues. The ninth
session of the Forum was held in Geneva on 24 and 25 November 2016, with a thematic
focus on minorities in situations of humanitarian crises. More than 500 delegates
participated, including representatives of Member States, United Nations mechanisms,
regional intergovernmental bodies, civil society and minorities. The recommendations of
the Forum will be presented to the Council at its current session.

D. Events and conferences

10. From 13 to 15 January 2016, the Special Rapporteur participated as a keynote

speaker at a Wilton Park event in London titled “Protecting the rights of ethnic and
religious minorities: addressing contemporary global challenges”.
11. On 24 and 25 January, she conducted an unofficial visit to Japan at the invitation of
the Japan Federation of Bar Associations, where she delivered a keynote speech at a
symposium on hate speech in the media and possible regulations.

2
See www.ohchr.org/EN/HRBodies/SP/Pages/CommunicationsreportsSP.aspx.

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12. From 2 to 4 February, she participated in the second international meeting of the
Global Action Against Mass Atrocity Crimes, held in Manila, on the topic “Preventing
atrocities: how to strengthen national atrocity prevention architectures”.
13. On 14 March, she met with a delegation of the European Parliament to discuss the
situation of minorities in Europe, with a special focus on Roma.
14. On 16 March, she participated as a keynote speaker in a side event organized by
OHCHR, held in Geneva during the session of the Human Rights Council, on minorities
and caste-based discrimination.
15. On 26 and 27 April, she participated in the eleventh meeting of the Council of
Europe Ad Hoc Committee of Experts on Roma and Traveller Issues, held in Sofia, where
she presented the findings of her 2015 comprehensive study on the human rights situation
of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism
(A/HRC/29/24).
16. From 22 to 24 May, she attended the World Humanitarian Summit in Istanbul,
Turkey.
17. On 8 July, at the invitation of the Government of Hungary, she spoke at an
international conference, held in Budapest, to mark the fifth anniversary of the adoption of
the European Union Framework for National Roma Integration Strategies up to 2020.
18. On 11 July, she delivered the opening speech at the Global Minority Rights Summer
School in Budapest, organized by the Tom Lantos Institute, the Hungarian National
University of Public Service and Middlesex University London.
19. On 12 July, she chaired the event titled “Leave no one behind: ensuring inclusion of
the most marginalized and socially excluded communities in the Sustainable Development
Goals”, held at United Nations Headquarters on the occasion of the high-level political
forum on sustainable development. She also participated as a keynote speaker at an event
on Dalit and other marginalized women challenging inequalities, organized by the Asia
Dalit Rights Forum and other partners at the Baha’i Center in New York.
20. On 18 August, she briefed the Committee on the Elimination of Racial
Discrimination in Geneva about the work of her mandate and the Forum on Minority
Issues, and discussed areas of mutual interest and potential collaboration.
21. On 5 October, she participated as a panellist at the fifth workshop on regional
arrangements for the promotion and protection of human rights, organized by OHCHR in
Geneva.
22. On 27 October, she convened a consultative session in New York ahead of the ninth
session of the Forum on Minority Issues on the topic “Minorities in situations of
humanitarian crises”.
23. On 28 October, she presented her annual report to the General Assembly
(A/71/254), which focused on minorities in situations of humanitarian crises.
24. On 16 November, she participated as a panellist at the ninth Budapest Human Rights
Forum, organized by the Ministry of Foreign Affairs and Trade of Hungary.
25. On 24 November, she spoke at the event titled “Promoting and protecting minority
rights through visual arts”, organized in Geneva by OHCHR and the Canton and City of
Geneva.
26. On 25 November, she participated as a speaker at the event titled “Excluded:
stateless minorities in times of crisis”, organized in Geneva by Minority Rights Group and
the Permanent Mission of Austria to the United Nations Office at Geneva.

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E. Statements

27. The Special Rapporteur issued several public statements, most of them jointly with
other mandate holders, highlighting issues of concern involving minorities. The statements
are available on her website.

F. Detailed analysis of communications sent by the mandate

28. The Special Rapporteur has conducted an analysis of all the communications sent
since the inception of the mandate until 1 December 2016, which can be found on the
website. The main findings are contained in the annex to the present report.

G. Follow-up on country visit recommendations

29. In October 2016, the Special Rapporteur wrote to the Governments of all the States
that had received official visits from her or her predecessor, to inquire about the
implementation of the recommendations made in the country visit reports. 3 She would like
to thank the Governments of Bulgaria, Canada, Colombia, France, Greece, Hungary,
Rwanda and Viet Nam for their responses. She prepared a short summary report on the
basis of the responses received, which is available on the mandate’s website.

H. Research on minority issues during the second cycle of the universal

periodic review process

30. The Special Rapporteur conducted a second round of research analysing all
minority-related recommendations made during the second cycle of the universal periodic
review. The report is available on the website.

III. Reflections on the six-year tenure of the Special Rapporteur

A. Introduction

31. As she approaches the end of her tenure as mandate holder, the Special Rapporteur
has undertaken a review of the major developments relating to her work, particularly with
respect to the thematic priorities she had decided to focus on at the beginning of her
mandate (A/HRC/19/56), as well as the major challenges and emerging issues in the field of
minority rights protection that she came across during her tenure.
32. During the course of her work, the Special Rapporteur has promoted the
implementation of the Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities and other relevant international standards, and
considered the following four main pillars of minority rights protection: (a) the protection
of a minority’s survival by combating violence against its members and preventing
genocide; (b) the protection and promotion of the cultural identity of minority groups, and

3
The States concerned were Bosnia and Herzegovina, Brazil, Bulgaria, Cameroon, Canada, Colombia,
the Dominican Republic, Ethiopia, France, Greece, Guyana, Hungary, Kazakhstan, Nigeria, Rwanda,
Ukraine and Viet Nam. The country visits undertaken in 2016 (to Iraq, the Republic of Moldova and
Sri Lanka) were not included.

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their right to enjoy their collective identity and to reject forced assimilation; (c) the
guarantee of the rights to non-discrimination and equality, including ending structural or
systemic discrimination and the promotion of affirmative action, when required; (d) the
right to effective participation of minorities in public life and in decisions that affect them.
This approach has served as a fundamental tool in the assessment of States’ compliance
with minority standards and in defining specific areas of analysis in the thematic and
country reports.
33. During her tenure, from August 2011 to December 2016, the Special Rapporteur
focused her thematic reports to the Human Rights Council and the General Assembly on
the following topics: the role and activities of national institutional mechanisms in
promoting and protecting minority rights; the rights of linguistic minorities; minority
rights-based approaches to the protection and promotion of the rights of religious
minorities; ensuring the inclusion of minority issues in post-2015 development agendas;
preventing and addressing violence and atrocities against minorities; hate speech and
incitement to hatred against minorities in the media; minorities in the criminal justice
system; minorities and discrimination based on caste and analogous systems of inherited
status; and minorities in situations of humanitarian crises. At the invitation of the Council,
she prepared a comprehensive study on the human rights situation of Roma worldwide,
with a particular focus on the phenomenon of anti-Gypsyism.
34. The Special Rapporteur conducted a total of eight official country visits, to Bosnia
and Herzegovina, Brazil, Cameroon, Iraq, Nigeria, the Republic of Moldova, Sri Lanka and
Ukraine.
35. The Forum on Minority Issues continued to serve as a unique platform for dialogue
between minority representatives, civil society, academia, United Nations agencies and
Member States on the challenges and progress made relevant to minority rights protection.
In section E below the Special Rapporteur discusses the current state of the Forum and
makes recommendations on how to improve it further.

B. List of priorities identified at the beginning of the mandate and updates

on achievements

36. In her first thematic report to the Human Rights Council (A/HRC/19/56), the Special
Rapporteur identified, on the basis of the provisions of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, eight
thematic priorities to feature in her work during her term as mandate holder. These focus
areas reflected some of the priorities that had been brought to her and her predecessor’s
attention by minorities themselves. In the present section, the Special Rapporteur
summarizes the activities undertaken that are relevant to those priorities.

1. Rights of linguistic minorities

37. Issues and concerns have frequently been raised with the previous mandate holder
relating to the rights of linguistic minorities. The Special Rapporteur therefore decided to
pay special attention to the rights of and challenges faced by linguistic minorities. In order
to examine the problems and to identify positive practices from all regions, she prepared a
thematic report (A/HRC/22/49) to the Human Rights Council as well as a practical
handbook focusing on the rights of linguistic minorities.
38. In her report, the Special Rapporteur emphasized that for minorities, language was a
central element and expression of their identity and of key importance in the preservation of
group identity. Language was often particularly important to non-dominant communities
seeking to maintain their distinct group and cultural identity, sometimes under conditions of

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marginalization, exclusion and discrimination. Minority language rights and language use
were frequently a source of tensions, both between and within States. Proponents of
linguistic rights had sometimes been associated with secessionist movements or had been
seen as a threat to the integrity or unity of a State. The Special Rapporteur pointed out that
it was often only when minorities asserted their rights to identity and language that
discrimination or persecution started. Fulfilling the rights of minorities, including their
language rights, was an essential means to prevent tensions from emerging and was a key
element of good governance and conflict prevention. If not appropriately addressed at an
early stage, such tensions had led to protracted conflicts and deepening of divisions
between linguistic groups. Where conflicts had ceased or peacebuilding initiatives were
under way, it was essential that all groups in society should play a full role in discussions,
negotiations and decision-making processes.
39. Following her thematic study on the rights of linguistic minorities, the Special
Rapporteur produced the handbook “Language rights of linguistic minorities: a practical
guide for implementation”, which is available in all six official languages of the United
Nations on the mandate’s website. This linguistic guide aims to serve as a practical tool to
assist policymakers and right holders to have a better understanding of linguistic rights as
well as to provide best practices that could be replicated in different contexts.

2. Rights and security of religious minorities

40. Information received by the previous mandate holder and the work of the Special
Rapporteur on freedom of religion or belief, as well as other holders of thematic mandates,
have revealed disturbing patterns of attacks and violence against members of religious
minorities and their places of worship. In this context, the Special Rapporteur presented a
thematic report to the General Assembly in 2013 (A/68/268) on minority rights-based
approaches to the protection and promotion of the rights of religious minorities.
41. In her report, the Special Rapporteur indicated that she had become increasingly
alarmed by the situation of millions of persons belonging to religious minorities globally
who frequently faced discrimination, social exclusion, marginalization and, in many
instances, harassment, persecution and violence. It was the primary duty of States to protect
the security of religious minorities. Beyond reacting to incidents of violence, this duty
required positive and preventive actions through active engagement with religious
minorities. The Special Rapporteur advocated a minority rights-based approach to the
protection of religious minorities that not only included guarantees for freedom of religion
or belief, but also required States to take positive legislative and policy measures and
concrete steps to create substantive equality for religious minorities in all areas of cultural,
economic, political, public, religious and social life. Protection of minority rights, together
with initiatives by States to foster dialogue between faith groups, helped to build a culture
of understanding, acceptance and trust across faiths and helped to prevent tensions from
emerging and deteriorating into violence and conflict.

3. Recognition of minorities
42. The Special Rapporteur welcomed the work of her predecessor relating to the rights
and status of members of minorities in all regions that find themselves denied or deprived
of citizenship, and has continued to raise awareness on these specific communities.
43. In her last report to the General Assembly (A/71/254), which focused on minorities
in situations of humanitarian crises, the Special Rapporteur discussed in a separate section
statelessness as a factor leading to increased vulnerability. She emphasized that minorities
were often disproportionately affected by statelessness as a result of discriminatory
nationality and citizenship legislation that could deny citizenship to some ethnic, linguistic,
racial or religious groups or deprive them of citizenship, or because of discriminatory

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implementation of nationality laws on similar grounds. Minorities could also be at higher

risk of statelessness as a result of lack of access to personal documentation. She emphasized
that in times of humanitarian crisis, conflict or natural disaster, such a lack of protection
could be particularly acute. Statelessness was often a root cause of forced displacement,
particularly in times of crisis. Forced displacement could in turn heighten the risk of
becoming stateless, particularly as documents could be lost during flight.
44. Additionally, the Special Rapporteur has repeatedly called attention to minority
groups that have been in particularly precarious legal situations owing to their lack of
citizenship or the refusal of their respective countries to recognize and grant them rights as
minorities. She has sent several communications to Member States where discriminatory
legislative amendments, immigration reforms and other administrative decisions have
placed minority communities at further risk.4

4. Cross-cutting issues: youth and women belonging to minorities

45. The previous mandate holder recognized the role and potential of young men and
women within minority communities to inspire and promote change and develop positive
relations across communities, as well as to be agents of change within their communities.
The Special Rapporteur has continued to engage with young people from minority
communities to learn about their views and ideas and to encourage them to take leadership
roles as well as to engage in positive activities to promote intercultural dialogue. She also
continued to systematically engage with minority women and to consult them on their
issues and concerns in all aspects of her work, including during country visits and in her
communications to specific States.
46. The Special Rapporteur dedicated the first Forum on Minority Issues under her
leadership, the fourth session, to the topic “Guaranteeing the rights of minority women”.
The Forum participants recognized that it was particularly important that the voices and
views of minority women be heard and that they be consulted and have the opportunity to
participate fully in all aspects of life, both within their communities and in the wider
society. Barriers to the empowerment of some minority women, including lack of social or
economic contacts, networks or minority women’s support groups, and scarcity of female
minority role models had an important impact on the enjoyment by minority women and
girls of their human rights. The Forum considered specific thematic areas in detail, for
example, the access of minority women and girls to education; their ability to take part
effectively in economic life and to have access to labour markets; and issues relating to
their participation in social, cultural and political life. It recommended that Governments
should seek and encourage opportunities for women’s participation and work together with
minority communities as well as minority and women’s rights organizations to develop and
implement programmes to sensitize minority women about their rights, and men about
minority women’s rights. All the relevant documents, including statements, the final
recommendations and the summary report, are available on the Forum’s website.5
47. Additionally, the Special Rapporteur organized separate meetings with minority
women during her country visits to enable free and open discussions with them. Similarly,
she frequently reached out to youth groups and organizations to listen to their views and
recommendations. Wherever possible and necessary, the Special Rapporteur included the

4
See, inter alia, allegation letters to the Governments of the Bahamas, case BHS 1/2015
(A/HRC/30/27); the Dominican Republic, cases DOM 3/2013 (A/HRC/25/74) and DOM 1/2014
(A/HRC/29/50); Myanmar, cases MMR 4/2014 (A/HRC/28/85) and MMR 5/2015 (A/HRC/30/27);
and the United States of America, case USA 4/2012 (A/HRC/21/49).
5
See www.ohchr.org/EN/HRBodies/HRC/Minority/Pages/Session4.aspx.

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issues of women and girls in separate sections of her thematic and country reports to
enhance their visibility and help raise awareness on their very specific challenges and
situations.

5. Achieving the Millennium Development Goals for disadvantaged minorities

48. The Special Rapporteur appreciated the work undertaken by her predecessor to
highlight the situation of minorities in the context of the Millennium Development Goals,
work that was highly important as the international community approached the 2015
deadline for achieving the Goals. She decided to dedicate a thematic report to the Human
Rights Council (A/HRC/25/56) to ensuring the inclusion of minority issues in post-2015
development agendas.
49. In her report, the Special Rapporteur noted with concern that minorities often
remained among the poorest and most socially and economically excluded and
marginalized communities globally and that tens of millions of persons belonging to
minorities were trapped in a cycle of discrimination, exclusion, poverty and
underdevelopment from which they could not break free without targeted attention to their
situations. Poverty within minority communities was both a cause and a manifestation of
their diminished rights, opportunities and social advancement. The Special Rapporteur
deeply regrets that despite the pledges for an inclusive 2030 Agenda for Sustainable
Development, no explicit reference to minorities was included in the final document. She
firmly believes that the successful implementation of the 2030 Agenda can only be
achieved by taking into consideration the situation of minorities, and calls on States to fulfil
in practice the principle of leaving no one behind.

6. Role of minority rights protection in conflict prevention

50. The Special Rapporteur sought further opportunities to build on the work of the
previous mandate holder on the role of minority rights protection in conflict prevention
presented to the General Assembly in 2010 and the Human Rights Council in 2011, and
dedicated her report to the General Assembly in 2014 (A/69/266) as well as the seventh
session of the Forum on Minority Issues to preventing and addressing violence and
atrocities against minorities.
51. In her report to the General Assembly, the Special Rapporteur shared her
observation that persons belonging to minorities were frequently the victims of violence
and atrocities. Violence could take the form of attacks on individuals, their homes, shops or
places of worship, or wider acts of aggression against communities with different national,
ethnic or religious identities. In the worst cases, violence constituted mass atrocities, crimes
against humanity, war crimes, ethnic cleansing and even genocide, often perpetrated with
impunity. Sometimes violence was committed by non-State actors, including those
belonging to the majority, or by larger, more powerful groups, extremist groups, or even
business actors. Sometimes it was perpetrated by State actors.
52. She recalled that a primary objective of the United Nations and of most States in the
area of peace and stability was to prevent violence before it broke out. The tragic
experiences of past violence and atrocities had helped to better understand the causes of
violence and the fact that minorities were frequently targets, and to produce indicators to
predict violent incidents and provide early warning. However, States too often failed to
translate clear early warnings into adequate, appropriate and timely measures to prevent or
stop violence. In order to save lives and ensure peaceful societies, a high priority of
stakeholders at all levels must be to improve prevention mechanisms and turn early warning
into early action. At the national level, good and inclusive governance that included
minorities and measures to ensure equality was a key prevention prerequisite. The
international community must also improve its ability to engage and assist States in efforts

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to prevent and resolve violence and to intervene effectively where States failed in their
responsibility to protect minorities.

7. Role of minorities in advocating for their rights

53. The previous mandate holder emphasized that while Governments bore the primary
responsibility for protecting and ensuring the rights of all within society, minorities
themselves had a vital role and important responsibilities relating to their own communities
and their place and integration in wider society. Therefore, the Special Rapporteur
recognizes and applauds the work of grass-roots organizations and individuals in every
region of the world working with and on behalf of disadvantaged minority communities to
protect and promote their rights.
54. To date, the present Special Rapporteur and the previous mandate holder together
sent a total of 26 communications to Member States jointly with the Special Rapporteur on
the situation of human rights defenders, addressing situations whereby minority rights
defenders were targeted because of their work. Some of them suffered reprisals, arrest and
detention, as well as expulsion, in connection with their human rights activities. 6 The
Special Rapporteur raises her deep concerns about cases of reprisals against minority rights
defenders, and urges minority activists to inform her Office whenever any intimidation or
reprisal occurs in connection with their work, so that appropriate action can be taken.

8. Increased outreach and networking with minority groups

55. The Special Rapporteur had identified the need to expand the group of minority
activists and experts cooperating with the mandate and providing information. She wished
to support the establishment of a global network or caucus of minorities that would serve as
a communication link between diverse minorities and minority rights-focused non-
governmental organizations (NGOs) from all regions and facilitate the sharing of
information on a systematic basis among minorities, and between the United Nations and
minority groups. She also committed herself to helping the United Nations, in particular
OHCHR, to establish and expand contacts with minority civil society organizations.
56. The Special Rapporteur has prepared a contact list of interested minority activists
who wished to be kept informed about the activities undertaken under the mandate and who
were subsequently included in the mailing list. She also provided contact information to the
OHCHR NGO database, which now includes details and information about various
minority civil society organizations. She welcomes current initiatives by the OHCHR
Indigenous Peoples and Minorities Section to create a database of all minority fellows who
participated in the OHCHR Fellowship Programme. She believes that this group of former
fellows would be well positioned to make important contributions to the work of OHCHR
and the mandate with respect to minorities, eventually forming an important caucus to
advance United Nations activities.

6
See, inter alia, communications sent to the Governments of China, case CHN 11/2008
(A/HRC/11/2/Add.1); Colombia, case COL 5/2015 (A/HRC/32/53); Greece, case GRC 3/2012
(A/HRC/23/51); India, case IND 4/2013 (A/HRC/24/21); Lithuania, case LTU 1/2015
(A/HRC/31/79); Malaysia, case MYS 5/2011 (A/HRC/18/51 and Corr.1); Nepal, cases NPL 6/2014
(A/HRC/28/85) and NPL 2/2015 (A/HRC/31/79); and Turkey, cases TUR 2/2011 (A/HRC/18/51 and
Corr.1), TUR 6/2011 (A/HRC/19/44) and TUR 1/2012 (A/HRC/20/30).

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C. Major challenges identified

57. In the following paragraphs, the Special Rapporteur highlights issues that have
consistently emerged during the course of her work, including country visits, which she
considers as requiring greater attention by Governments, the international community and
minority groups.

1. Major barriers to the effective promotion and protection of minority rights

58. The Special Rapporteur wishes to state at the outset that she is of the view that the
progress achieved in the last decades in the field of minority rights protection is under
threat, and that there is a serious risk that guarantees that have been put in place could be
reversed. In recent years, protracted and recent conflicts of various kinds around the globe
have led to an unprecedented number of internally displaced persons, migrants and
refugees, many of whom belong to minority groups. Increasing hate speech, xenophobic
rhetoric and incitement to hatred against minorities have been coupled with the rise of far-
right and extremist political parties that are using minorities as scapegoats to divert
domestic attention from entrenched and structural problems. Developments in the field of
counter-terrorism legislation, discrimination and lack of representation of minorities in
governmental structures and within the administration of justice globally have resulted in
minorities being increasingly targeted. Widespread attacks against minority individuals and
communities, perpetrated with total impunity in different regions, demonstrate the
continuing vulnerability faced by minorities around the globe.
59. The Special Rapporteur is alarmed at the rise of populism, which hampers efforts to
include minorities in the national psyche in their respective countries. She is concerned that
even the very notion of democracy is being challenged and that there are views that are
widely shared, especially on social media, that a democratically elected political leadership
has the power to take any decision freely, without, and even against, minorities because
minorities — usually being inferior in number — are subject to the will of the majority. The
Special Rapporteur stresses that democracy requires good and inclusive governance under
which legal, administrative and territorial arrangements are made to allow peaceful and
constructive group accommodation on the basis of equality in dignity and rights for all and
that allows for the pluralism necessary to enable persons belonging to different groups to
preserve and develop their identity (see E/CN.4/Sub.2/AC.5/2005/2, Commentary, para.
13).
60. The Special Rapporteur is concerned that in some regions and in several countries,
minority rights protection is not seen to be important, or even relevant, owing to deliberate
denial or lack of understanding of its legitimacy. There is a need for stronger awareness-
raising on what the entire minority rights protection regime entails, that it also includes
wide-ranging issues around religious and linguistic identity, and that the effective
promotion and protection of the rights of minorities contribute to the political and social
stability of States and, therefore, are always timely and important. It is essential to
understand that majority-minority relations should be assessed not only from a national
perspective but also specifically in the context of smaller territorial and local levels, where
the dynamics and dimensions of identity, ethnicity, religion, language and access to power
and resources are frequently more important and play a greater role in the daily lives of
individuals and communities. The notions of “majority” and “minority” may be
interchangeable and depend on the particular context, as a group that constitutes a dominant
majority nationally or regionally may be numerically inferior and non-dominant in another
region. Therefore, minority rights standards must also be applied to those groups
constituting de facto minorities in the localities where they live.

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61. The Special Rapporteur has observed challenges to use of the term “minority” for
certain distinct communities, either because they reject being referred to as minorities on
the basis of a perceived negative connotation, or because they self-identify as minorities but
the State refuses to recognize them as such.
62. In certain regions, she has found that groups that fall or would fall under the legal
category of “minorities” because of the distinct cultural, linguistic, religious or other
identity of their members reject the use of the term, which they regard as “derogatory”,
“discriminatory”, or establishing a “second-class” category of citizens. In these cases,
groups tend to use alternative nomenclature to refer to themselves, such as “religious
groups”, “communities”, “societal components” and others.
63. While the Special Rapporteur fully respects the principle of self-identification, she
considers that further efforts are necessary to fully convey the meaning, scope and
implications of the term “minority” to minority groups themselves, so that the term can be
reclaimed and used with the empowering intent it actually holds. She reiterates that the term
“minority” does not imply any inferiority or diminished status in any way, but rather the
recognition that the principles of equality and non-discrimination are not fulfilled for
certain groups. Minority protection entitles persons belonging to minorities to specific
rights, imposing concrete obligations on States to ensure the survival and continued
development of the cultural, religious and social identity of the minorities. 7
64. In some instances, States are reluctant to recognize the existence of minority groups
within their territories, and therefore reject the concept of “minority” and the recognition of
minority status for those groups. In other cases, States legally recognize certain groups as
minorities in their constitution, but apply restrictive definitions or discriminatory criteria,
for example, when introducing citizenship as a distinguishing criterion for granting
minority rights (ibid., para. 10).
65. The Special Rapporteur recognizes that the lack of a universally accepted legal
definition of the term “minority” in international law may create inconsistencies. However,
she also recalls that in the absence of a formal definition, the existence of a minority group
can be assessed using objective and subjective criteria on the basis of international
standards.8 Objective criteria include, inter alia, shared characteristics of the group such as
ethnicity, national origin, culture, language or religion. Subjective criteria focus on the
principle of self-identification and the desire to preserve the group identity. According to
the principle of self-identification, individuals belonging to minority groups have the right
to self-identify or not to self-identify as a minority. She further recalls that the existence of
an ethnic, religious or linguistic minority in a given State does not depend upon a decision
by that State but must be established by objective criteria. Moreover, the minority need not
be nationals or citizens, or even permanent residents. 9
66. Furthermore, the Special Rapporteur acknowledges that in order to avoid protection
gaps, the minority rights framework can and should be applied to groups that, although
belonging to the same ethnic, religious or linguistic group as the larger community are in a
non-dominant (and often marginalized) position and suffer stigma, self-identify as
minorities and have historically used the minority rights framework to claim their rights.
This is the case of many caste-affected groups worldwide, to which the Special Rapporteur
devoted her previous thematic report to the Human Rights Council (A/HRC/31/56).

7
Human Rights Committee, general comment No. 23 (1994) on the rights of minorities, para. 9.
8
Ibid. See also Working Group on Minorities, Commentary to the United Nations Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
(E/CN.4/Sub.2/AC.5/2005/2).
9
Human Rights Committee, general comment No. 23, para. 5.2.

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67. The Special Rapporteur has observed that certain groups within minority
communities, such as minority women, children, older persons, persons with disabilities,
and lesbian, gay, bisexual and transgender persons, experience unique challenges and
multiple and intersectional forms of discrimination emanating from their status as members
of minorities and their specific condition or situation. The Special Rapporteur encourages
further research to fully understand their situation and calls for targeted actions to address
their particular challenges.
68. Global migration patterns often drive certain migrants to form more or less compact
communities in their host country. States must make concerted efforts to support members
of new minorities to integrate into the national labour market, social fabric and collective
psyche and to establish guarantees for them to freely practise their language, religion,
traditions and culture. Feelings of alienation and lack of belonging, as often experienced by
migrants, and feelings of fear and threat, as often experienced by citizens, may induce anti-
social and even criminal behaviour, including extremism. Such feelings should be met with
proactive diversity programmes helping migrants and citizens to connect and know each
other better, and favouring social integration for all.
69. The Special Rapporteur has often been struck by the general lack of knowledge and
understanding about the most disadvantaged minorities and their daily struggles for basic
human rights and dignity. This is often compounded by negligence on the part of
authorities, owing to non-inclusive governance, lack of channels of communication
between minorities and authorities and lack of accessible spaces for safe exchange of the
various views, concerns, experiences and aspirations. The Special Rapporteur is concerned
that growing inequalities in many parts of the world and the increasing concentration of
power in the economic and political spheres as well as in the media will lead to further
marginalization of those who are already on the bottom. She believes that communication,
trust-building and power-sharing between various groups belonging to different societal
strata are prerequisites for sustainable development, peace and stability.
70. The Special Rapporteur has been particularly alarmed by the limited, or often
complete lack, of minority presence in political and public offices. She has repeatedly
stressed throughout her tenure the need to ensure that minorities are included in all
decision-making processes, including in municipal and government structures, law
enforcement bodies, the judiciary, legislative bodies, criminal justice systems and all
authorities, especially when their decisions affect minorities. Without their participation,
such bodies are less able to make vital decisions in a way that benefits the entire society,
and they will also be less trusted by minorities, who might be reluctant to access them, or
discouraged from doing so.
71. The Special Rapporteur recalls that the various forms of discrimination, violence
and atrocities are different manifestations of similar mind sets and are often rooted in fear,
ignorance, feelings of insecurity or, simply, envy of the other. She regrets the disconnect
between the psychological, social and legal studies in this field, and urges the United
Nations to pay increased attention to better understanding the actual psychosocial motives
behind prejudice, racism, bigotry and hatred so they can be better addressed and prevented.

2. Need for adequate data collection and statistical analysis

72. As the Special Rapporteur has repeatedly stated in her thematic and country visit
reports, it is crucial for States to be aware of the composition of their population, including
who the minority groups are, in order to obtain an accurate picture of the number,
geographical distribution, identity and socioeconomic status of minority groups. Collection
and statistical analysis of disaggregated data on minorities are essential tools for designing
and monitoring adequate policies and targeted plans for minorities. In the process of
collection and analysis of disaggregated data, provisions should be made to safeguard

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

accordance with international standards of personal data protection and privacy.
73. 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 is essential to include data takers from diverse backgrounds, including
minority persons, especially in territories where minorities are concentrated. Census
questions should allow for open and multiple responses to enable respondents to self-
identify according to their national, ethnic, religious and linguistic affiliation, including
multiple identities. It is necessary to develop various socioeconomic indicators and indices
to adequately assess possible marginalization of and discrimination against minorities with
respect to, inter alia, access to education, employment, health, housing and public services.
Moreover, other forms of surveys, such as population surveys that measure experiences,
perceptions and attitudes, and situation-testing surveys to directly measure discrimination in
specific instances may be necessary to fully understand the status of minorities.

3. Strengthening the institutional framework for better protection of minority rights

74. International as well as national legal frameworks on minority rights are essential.
However, they are not sufficient to guarantee the actual implementation of the rights of
persons belonging to minorities. The Special Rapporteur has repeatedly emphasized that
specialized mechanisms need to be put in place at all levels to facilitate legislative and
policy development and the design, implementation and monitoring of minority-related
programmes (A/67/293). And while Governments have the primary responsibility to
implement minority rights, regional and universal mechanisms are called upon to play an
important role in supporting, guiding and monitoring States’ compliance with international
standards on minority rights.
75. Specialist national institutions and mechanisms on minority rights should have
proactive mandates that include, inter alia, reviewing and proposing domestic standards and
providing expertise and information to legislative drafting and policymaking processes;
monitoring laws and policies with respect to minority rights and recommending
amendments or implementation measures; encouraging and coordinating programming on
minority issues and strategies devised to address problems relating to minorities; promotion
and education activities; developing good practice guides, information resources and
reports; developing campaigns and outreach relating to minority rights and building bridges
and working as effective channels of communication between minority communities and
the public administration. Their role is of paramount importance to ensure that the
enjoyment of minority rights is a reality and not merely an aspiration.
76. The Special Rapporteur often came across gaps between the ambitious policies,
legislation, action plans and programmes on minorities, on the one hand, and the lack of
mechanisms in place to actually carry them out or monitor their implementation, on the
other. She is concerned that during her tenure, several countries had difficulties in
identifying the most relevant governmental departments in charge of minorities and even
when they did so, their capacities in terms of staff, budget and authority often did not meet
the necessary minimum standards to provide effective attention to and protection of
minorities.
77. The Special Rapporteur is of the view that given the importance of realizing
minority rights as an essential means to prevent tensions and conflict, investment in
institutional attention to minority issues is needed more than ever. States should redouble
their efforts to institutionalize expertise in minority rights before tensions arise, in order to
identify potential problems and implement effective prevention measures. This is important
not only for States with significant minority populations and where there is a history of
ethnic or religious tensions or conflict, but for all States, owing to the present international

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migration dynamics whereby new minorities are called upon to coexist with other groups
who have been established for a longer time on the territory.
78. The national dimension of the institutional attention to minority issues must be
complemented and reinforced by solid regional and international mechanisms tasked to
promote domestication of minority rights, as well as the protection and promotion of
minority standards regionally and internationally. In this regard, the Special Rapporteur
recognizes several existing good practices, such as the High Commissioner on National
Minorities of the Organization for Security and Cooperation in Europe and various
dedicated mechanisms of the Council of Europe, while also noting the need for further
strengthening regional mechanisms. For instance, there are no specialized mechanisms on
minorities within the African Commission on Human and Peoples’ Rights, the Economic
Community of West African States or the Association of Southeast Asian Nations. The
Special Rapporteur began a dialogue, encouraging the creation of focal points on minorities
within regional mechanisms as a starting point, and urged that consideration be given to the
possible extension of the mandates of relevant existing bodies.

4. Strengthening the role of the United Nations in the protection of minorities

79. The Special Rapporteur welcomes the increasing attention devoted by the United
Nations to minority issues worldwide in recent years, as well as within the system itself.
This includes the creation in 2012 of the United Nations network on racial discrimination
and the protection of minorities,10 coordinated by OHCHR and comprised of more than 20
United Nations departments, agencies, programmes and funds. The network developed
specific recommendations and principles for effective United Nations action in addressing
racial discrimination and protection of minorities in line with international standards, which
were issued as a guidance note of the Secretary-General in 2013.11
80. In view of the current state of affairs, with increasing hate speech, xenophobic
rhetoric and incitement to hatred against minorities, coupled with the rise of far-right and
extremist political parties worldwide, the Special Rapporteur believes that it is crucial to
appoint a high-level official on minority issues within the Secretariat and to establish senior
positions within United Nations departments and agencies dedicated solely to issues of
minority rights protection, diversity management and safeguarding pluralistic societies. The
designation of minority focal points in all United Nations field offices would also be a great
step forward.
81. The Special Rapporteur also believes that United Nations staff in all offices and
entities, particularly in the field, should better reflect the national, ethnic and religious
makeup of the societies in which they operate. Staff members from minority groups not
only bring expertise on the issues affecting minorities to the work of the United Nations,
but also serve as a bridge between United Nations and minority communities. The Special
Rapporteur was pleased to identify good practices in this regard. In 2012, the United
Nations country team in the Republic of Moldova conducted an internal survey to assess
the diversity of its staff and launched an internship programme for persons belonging to the
identified underrepresented groups, including persons with disabilities, Afro-descendants
and Roma. The Special Rapporteur strongly encourages the replication of this initiative in
other United Nations offices.
82. As part of its crucial role on minority issues, it is imperative that the United Nations
take a stronger stance in advocating for minority rights protection at both national and

10
Policy Committee decision No. 2012/4 of 6 March 2012.
11
Available from www.ohchr.org/Documents/Issues/Minorities/GuidanceNoteRacial
DiscriminationMinorities.pdf.

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regional levels, to ensure that States strengthen their legal, policy and institutional
frameworks and that regional anti-discrimination and minority rights standards and
mechanisms are put in place for the protection and promotion of minority rights,
respectively. Equally, the Organization should consider strengthening existing mechanisms
and platforms for minorities within the United Nations system, including the Forum on
Minority Issues, by providing additional resources. Furthermore, the establishment of a
committee to monitor the implementation of the Convention on the Prevention and
Punishment of the Crime of Genocide of 1948 is long overdue and would assist Member
States in complying with their obligations under the Convention.

D. Commemoration of the twenty-fifth anniversary of the Declaration on

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

83. The twenty-fifth anniversary of the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities will take place in 2017. This
anniversary provides a unique and timely opportunity to reflect on the past achievements
and to look forward to identify ways to further strengthen international standards on
minority rights protection. In its preamble, the Declaration states that “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 in which they live” and
emphasizes that the constant promotion and realization of such rights “as an integral part of
the development of society as a whole and within a democratic framework based on the rule
of law, would contribute to the strengthening of friendship and cooperation among peoples
and States”.
84. The Special Rapporteur encourages United Nations offices and agencies, Member
States and civil society and minority representatives to organize specific initiatives to mark
this important anniversary to further promote awareness of the Declaration and consider
specific issues most relevant to minorities.

E. Forum on Minority Issues

85. The Forum on Minority Issues, which replaced the Working Group on Minorities,
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 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 on the thematic recommendations
of the Forum to the Council. The Forum meets annually in Geneva for two working days,
allocated to thematic discussions. An average of more than 500 participants attend the
Forum, including minorities, Member States, United Nations mechanisms, regional
intergovernmental bodies and NGOs.
86. The mandate of the Special Rapporteur thus complements and enhances the work of
the Forum, and the Special Rapporteur has fostered the complementary and mutual
reinforcement of both mechanisms throughout her tenure. She has guided a total of six
sessions of the Forum on the following themes: “Guaranteeing the rights of minority
women” (2011), “Implementing the United Nations declaration on minority rights:
identifying positive practices and opportunities” (2012), “Guaranteeing the rights of
religious minorities” (2013), “Preventing and addressing violence and atrocity crimes
targeted against minorities” (2014), “Minorities in the criminal justice system” (2015) and

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“Minorities in situations of humanitarian crises” (2016). Since 2013, the Special Rapporteur
has devoted her annual thematic report to the General Assembly to the same topic as the
Forum session, as a means to contribute to and inform the discussions within the Forum.
The Special Rapporteur notes that the themes she selected for the annual sessions focused
on areas that had emerged as particularly concerning or problematic for minorities and
where they believed that minority rights should be better applied and mainstreamed. She
believes that the Forum makes a vital contribution to deepening international understanding
on these important and topical areas as well as to international standard and norm setting.
87. During her tenure, the Special Rapporteur has promoted the work of and the
recommendations emanating from the Forum on Minority Issues in other forums. As a
regional follow-up activity to the Forum, she travelled to Banjul in April 2013 to attend the
fifty-third ordinary session of the African Commission on Human and Peoples’ Rights
where, among other activities, she organized a public side event with the participation of
Commissioner Soyata Maïga, who served as Chair of the fifth session of the Forum. That
event provided an opportunity to brief the participants about the mandate and the Forum,
and to share information related to minorities with different African human rights
mechanisms. In November 2015, the Special Rapporteur organized a side event during the
eighth session of the Forum to consider, inter alia, ways to improve the structure and
working methods of the Forum, to share best practices on how to better mainstream its
recommendations and to discuss how United Nations mechanisms, in particular the Forum,
could remain relevant for and accessible to minorities on the ground. In October 2016, on
the occasion of the presentation of her report to the General Assembly, she convened a
consultative session in New York that served as an opportunity to discuss the draft
recommendations of the Forum ahead of its ninth session as well as to raise awareness of
the work of the Forum outside Geneva and engage relevant stakeholders in New York.
88. It will be essential to ensure the effective continuation of the Forum on Minority
Issues. The Special Rapporteur wishes to thank in particular the Governments of Austria
and Hungary for their generous support from the outset. The Special Rapporteur hopes that
more States will attach increased importance to this unique platform. She encourages them
to demonstrate their commitment to minority rights by contributing to the funding of the
Forum so as to ensure its sustainability and progress.
89. It will be important in the future to consider bringing the Forum on Minority Issues
into the various regions so members of minorities and NGOs who cannot afford to travel to
Geneva will be able to contribute to the Forum’s deliberations in their respective localities.
It would also be desirable to extend the session for longer than two days so more
participants could take the floor and the discussions could go deeper into the heart of the
recommendations. Other challenges include the limited awareness of the Forum at regional
and local levels and the lack of capacity to follow up on the implementation of its
recommendations. Furthermore, it will be important to foster the ownership of the Forum’s
agenda by minorities themselves, to encourage focused and constructive participation of
States and minority representatives, to strengthen the engagement of other United Nations
bodies in the Forum and to promote a more interactive dialogue and discussion during its
sessions.
90. Next year will mark the tenth anniversary of the creation of the Forum on Minority
Issues, and the Special Rapporteur considers this to be an ideal opportunity to further reflect
on the above-mentioned challenges and ways to better promote and achieve the goals of the
Forum.

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IV. Conclusions and recommendations

91. The Special Rapporteur is concerned that, with increasing hate speech,
xenophobic rhetoric and incitement to hatred against minorities, coupled with the rise
of extremists and far-right political parties, the progress achieved during the past
decades in the field of minority rights protection is under threat. Therefore, she urges
that swift and concrete guarantees be put in place to preserve those achievements and
to allow further improvement. Such guarantees must come in the form of
strengthened legislative and institutional frameworks for minority rights protection,
as well as demonstrating an unequivocal political will to foster conditions for a
cohesive society where there is unity in diversity.
92. The Special Rapporteur calls upon States to review their respective domestic
legislation to ensure that it is fully in line with the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. She
recalls the four pillars of minority rights protection that should be reflected in those
laws: (a) the protection of a minority’s survival by combating violence against its
members and preventing genocide; (b) the protection and promotion of the cultural
identity of minority groups, and their right to enjoy their collective identity and to
reject forced assimilation; (c) the guarantee of the rights to non-discrimination and
equality, including ending structural or systemic discrimination and the promotion of
affirmative action, when required; (d) the right to effective participation of minorities
in public life and in decisions that affect them. The Special Rapporteur wishes to
stress that merely having non-discrimination clauses, according to which all members
of the society are to be treated equally, without the aforementioned additional
guarantees have often proven insufficient for effective protection of disadvantaged
minorities.
93. The Special Rapporteur has observed challenges to the use of the term
“minority” for certain distinct communities, either because they reject being referred
as minorities on the basis of a perceived negative connotation, or because they self-
identify as minorities but the State refuses to recognize them as such. She considers
that further awareness-raising is required to fully convey the meaning, scope and
implications of the term “minority”, so that it can be reclaimed and used with the
empowering intent it actually holds. Moreover, she recalls that the existence of an
ethnic, religious or linguistic minority in a given State does not depend upon a
decision by the Government but needs to be established by objective criteria.
Members of those minorities need not be nationals or citizens, or even permanent
residents. Therefore, she encourages States to be as inclusive as possible when
designing protection measures for all disadvantaged minorities within their
territories, including migrant workers and newly arrived minorities.
94. The Special Rapporteur is concerned that minorities are often
disproportionately affected by statelessness as a result of discriminatory nationality
and citizenship legislation that may deny citizenship for some ethnic, linguistic, racial
or religious groups or deprive them of citizenship. Today, at least 10 million people
around the world are denied a nationality and, although there are no disaggregated
data, estimates indicate that many, if not most, of them belong to minority
communities. Therefore, she welcomes current United Nations efforts, including the I
Belong campaign to end statelessness of the Office of the United Nations High
Commissioner for Refugees, and urges Member States to pledge their full support and
cooperation so statelessness can be ended and so that it will not be a further source of
stigmatization and discrimination against minorities.

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95. Legal frameworks on minority rights are essential but not sufficient to
guarantee the actual implementation of the rights of persons belonging to minorities.
Dedicated institutional attention in the form of specialized mechanisms at all levels
need to be put in place to facilitate legislative and policy development and the design,
implementation and monitoring of minority-related programmes.
96. The national dimension of the institutional attention to minority issues must be
complemented and reinforced by solid regional and international mechanisms tasked
with promoting domestication of minority rights as well as the protection and
promotion of minority standards regionally and internationally. The Special
Rapporteur encourages regional systems to adopt strong minority rights standards
and establish dedicated mechanisms, where they do not yet exist, to protect and
promote the rights of minorities.
97. The Special Rapporteur is gravely concerned at the limited, or often complete
lack, of a minority presence in political and public offices. She has repeatedly stressed
throughout her tenure the need to ensure that minorities are included in all decision-
making processes, including in municipal and government structures, law
enforcement bodies, the judiciary, legislative bodies, criminal justice systems and all
authorities, especially when their decisions affect minorities. Without their
participation, such bodies are less able to take vital decisions for the benefit of the
entire society and may be less trusted by minorities, who may be reluctant to access
them, or discouraged from doing so. Moreover, good and inclusive governance, which
includes minorities and measures to ensure equality, are key conflict-prevention
prerequisites. Good governance includes legal, administrative and territorial
arrangements that allow for peaceful and constructive group accommodation on the
basis of equality in dignity and rights for all and that allows for the necessary
pluralism to enable the persons belonging to the different groups to preserve and
develop their identity.
98. The Special Rapporteur believes that similarly, United Nations staff in all
offices and entities, particularly in the field, should better reflect the national, ethnic
and religious make-up of the societies in which they operate. With established, strong
networks of consultation with minorities and trust-building efforts between United
Nations offices and minority communities, the Organization will be better equipped to
fulfil its vital role in recognizing and responding to early warning signs of
intercommunal tensions and be better prepared to prevent mass atrocity crimes and
genocide, of which minorities are the most frequent targets.
99. The United Nations in general should advocate more strongly for minority
rights protection at both national and regional levels, to seek to ensure that States
strengthen their legal, policy and institutional frameworks and that regional anti-
discrimination and minority rights standards and mechanisms are put in place for the
protection and promotion of minority rights, respectively. Equally, the Organization
should consider strengthening existing mechanisms and platforms for minorities
within the United Nations system, including the Forum on Minority Issues. It would
be important for the United Nations network on racial discrimination and the
protection of minorities to regularly update the Human Rights Council about its
work. Furthermore, the establishment of a committee to monitor the implementation
of the Convention on the Prevention and Punishment of the Crime of Genocide is long
overdue and would assist Member States in complying with the Convention. It would
also be crucial to appoint a high-level official on minority issues within the Secretariat
as well to establish senior positions within United Nations departments and agencies to
look into issues of minority rights protection, diversity management and safeguarding

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pluralistic societies. The designation of minority focal points in all United Nations field
offices would be another great step forward.
100. The Special Rapporteur has repeatedly emphasized that the collection and
statistical analysis of disaggregated data on minorities are crucial to obtain important
baseline information on the actual situation and status of minority communities. Such
data would allow for adequate policy responses to minority issues, including the
establishment and monitoring of targeted actions and programmes to prevent and
address poverty, exclusion and discrimination. The Special Rapporteur urges States to
collect data disaggregated on the basis of, inter alia, gender, ethnicity, language and
religious affiliation. Individuals should be able to self-identify and express multiple
identities. Data collection should be periodic and comply with international standards
of privacy and personal data protection.
101. Minorities remain among the poorest and the most socially and economically
excluded and marginalized communities globally, yet targeted attention to their
situations is lacking. The Special Rapporteur believes that the adoption of the 2030
Agenda for Sustainable Development, although it failed to include an explicit
reference to minorities, provides important momentum for their inclusion in the
actions to be undertaken for its implementation. She firmly believes that the
successful implementation of the 2030 Agenda can only be achieved by taking into
consideration the situation of minorities, and calls on States to fulfil in practice the
principle of leaving no one behind.
102. Next year marks the twenty-fifth anniversary of the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. This
anniversary constitutes a reminder of and a crucial opportunity to strengthen
international standards on minority rights protection. The Special Rapporteur
encourages United Nations offices and agencies, Member States and civil society and
minority representatives to organize specific initiatives to mark this important
anniversary to further promote awareness of the Declaration and to use the
opportunity to revisit specific issues most relevant to minorities.
103. Next year also marks the tenth anniversary of the creation of the Forum on
Minority Issues. This will provide a unique opportunity to discuss how to strengthen
and support the functioning of this unique and global platform to facilitate dialogue
and address relevant issues pertaining to minorities. The Forum should be provided
with the necessary resources to fully implement its mandate. The Special Rapporteur
encourages consideration to be given to raising the Forum’s profile at the regional and
international levels, following up the implementation of its recommendations,
fostering ownership of the Forum’s agenda by minorities and promoting a more
interactive dialogue and discussions during the Forum’s sessions.
104. The Special Rapporteur particularly encourages OHCHR to launch an
awareness-raising and action campaign, including through the United Nations
network on racial discrimination and the protection of minorities, on the occasion of
the two anniversaries. Such a campaign should advocate for better mainstreaming of
minority rights across United Nations departments and agencies and could highlight
the most important emerging issues and best practices to assist Member States in
strengthening their minority rights protection efforts.

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Annex

Main data on communications sent by the mandate of the

Special Rapporteur on minority issues (2005-2016)
1. From 1 August 2005 to 1 December 2016, the Special Rapporteur on minority issues
sent a total of 239 individual communications to Governments. In 2005, the first year of the
mandate, only one communication was sent. Since then, there has been an almost steady
increase in the number of communications sent annually, with the highest number of
communications sent in 2011, when the current mandate holder took office. The breakdown
in the number of individual communications sent each year is shown in the figure below
(the figure for 2016 is as of 1 December).

2. The distribution of communications by region during the period under examination

was also analysed. The largest number of communications (118) were sent to States in the
Asia-Pacific region. The Europe and Central Asia region came second, with 75
communications, followed by the Middle East and North Africa region, with 21. Countries
in the Americas region received 16 communications, while the Africa region received 9
communications.
3. Out of the 239 communications sent by the Special Rapporteur, 232 were addressed
to Governments jointly with other mandate holders; only 7 communications were sent by
the Special Rapporteur alone. Altogether, the number of joint communications amounted to
97 per cent of the total number.
4. Of the joint communications, 118 were joint allegation letters and 114 were joint
urgent appeals. The Special Rapporteur sent one allegation letter and six urgent appeals

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without other mandate holders joining. The number of joint urgent appeals (49.1 per cent)
and joint allegation letters (50.9 per cent) was almost even.
5. The most frequent partners of the Special Rapporteur were the Special Rapporteur
on freedom of religion or belief (105 communications); the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance
(54); the Working Group on Arbitrary Detention (49); the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression (49); the
Special Rapporteur on extrajudicial, summary or arbitrary executions (42); and the Special
Rapporteur on the right to adequate housing as a component of the right to an adequate
standard of living (41). The other mandate holders who joined with the Special Rapporteur
in sending communications were the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment (41); the Special Rapporteur on freedom of
peaceful assembly and of association (34); the Special Rapporteur on the situation of
human rights defenders (26); the Special Rapporteur on the independence of judges and
lawyers (22); the Special Rapporteur on violence against women, its causes and
consequences (17); the Special Rapporteur on the situation of human rights in the Islamic
Republic of Iran (17); the Special Rapporteur on the right of everyone to the enjoyment of
the highest attainable standard of physical and mental health (17); the Special Rapporteur in
the field of cultural rights (15); the Working Group of Experts on People of African
Descent (11); the Special Rapporteur on the situation of human rights in Myanmar (11); the
Special Rapporteur on the right to education (11); the Special Rapporteur on the human
rights of migrants (10); the Working Group on the issue of discrimination against women in
law and practice (10); the Special Rapporteur on the rights of indigenous peoples (8); the
Special Rapporteur on the right to food (8); the Working Group on Enforced or Involuntary
Disappearances (8); the Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism (7), the Special Rapporteur on
extreme poverty and human rights (7); the Special Rapporteur on the human rights of
internally displaced persons (5); the Special Rapporteur on the sale of children, child
prostitution and child pornography (4); the Special Rapporteur on the implications for
human rights of the environmentally sound management and disposal of hazardous
substances (3); the Special Rapporteur on trafficking in persons, especially women and
children (2); the Special Rapporteur on the issue of human rights obligations relating to the
enjoyment of a safe, clean, healthy and sustainable environment (1); and the Working
Group on the issue of human rights and transnational corporations and other business
enterprises (1).
6. The victims of violations of minority rights have been a disparate group, including
individuals and small groups of human rights defenders, lawyers, religious minorities and
ethnic minorities. The mandate holders also sent a considerable number of communications
raising concerns about draft legislation that could have a negative or discriminatory effect
on persons belonging to minorities, as well as about the lack of implementation of certain
policies or action plans.
7. In terms of the reasons for the communications, the largest number of
communications (94) was sent on issues concerning religious minorities. There were also
10 cases where the issues in question related to groups that qualified both as religious and
as ethnic minorities. The second-largest group of victims was ethnic minorities, concerning
which 72 communications were sent; 114 communications were sent on cases concerning
Roma. There were 26 communications concerning human rights defenders working on
promoting and protecting the rights of persons belonging to minorities who suffered
reprisals, including expulsion, arrest or detention in connection with their human rights
activities, and two cases concerning lawyers. In 20 cases, the victims of violations were not
groups, but individuals.

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8. The mandate holders also sent 41 communications concerning the situation of Roma
around the world. Eight communications raised concerns about draft or existing pieces of
legislation, while four communications concerned the rights of indigenous peoples (who
sometimes also qualified as ethnic or religious minorities).
9. The mandate holder has acted on a wide variety of information originating from
various sources. While data are not available for the entirety of the communications sent
during the period under review (information regarding the source of the communication in
31 cases is missing from the database of the Office of the United Nations High
Commissioner for Human Rights), it is still evident that the largest group by far that sent
information was international non-governmental organizations (NGOs) (102 cases, 44 per
cent), the second being domestic NGOs (44 cases, 18 per cent). Next were international
organizations (26 cases, 10 per cent), regional NGOs (12 cases, 5 per cent); the Special
Rapporteur herself (7 cases, 3 per cent) and individuals (6 cases, 2.5 per cent). Information
was also received from academia, political parties, government agencies, the media, law
firms, religious organizations and other institutions.
10. From among the international NGO sources, Amnesty International stands out as
having provided the information most often used in communications sent (44 out of 99,
44.4 per cent), with the Baha’i International Community in second place (10 out of 99, 10
per cent). Other international NGO sources whose information was frequently used
included Front Line (5 out of 99), the European Roma Rights Centre (5 out of 99), Minority
Rights Group International (2) and the Centre on Housing Rights and Evictions (2).
Therefore, international NGOs specialized in minority protection issues accounted for only
a small fraction of source information acted on by the Special Rapporteur: 9 cases out of
99, or 9 per cent).a
11. There were also a relatively small number of cases originating from academia and,
in the case of religious minorities, from religious organizations or churches. National
human rights institutions were completely absent from among the sources whose
information the mandate holders could have acted upon.
12. In terms of the different types of replies, out of the 239 communications sent by the
two mandate holders, 109 were not answered before the cut-off date. There were 118
substantive replies from Governments, varying in their content but addressing the human
rights violations brought to their attention. Some included a very detailed description of the
broader domestic legal environment and the laws relevant to the case, while others provided
only technical details of the case without describing the broader context. Some were more
substantive legally, while others provided more in terms of the technical, practical details of
the case.
13. In 12 cases, the Special Rapporteur received only an acknowledgement of receipt,
and in some cases reassurances that the concerns would be brought to the attention of
relevant authorities of the country concerned. What is particularly worrying in these cases
is that none of them were followed up by a substantive answer later on.

a
In the case of the mandate on Minority Issues, these included the European Roma Rights Centre; the
Roma Virtual Network; Minority Rights Group International; and the International Dalit Solidarity
Network (IDSN).

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