28/27 Rights of persons belonging to national or ethnic, religious and linguistic minorities - Report of the United Nations High Commissioner for Human Rights

GE.14-24573 (E)



Human Rights Council Twenty-eighth session

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the High

Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

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

Report of the United Nations High Commissioner

for Human Rights

Summary

The present report is submitted pursuant to resolutions 13/12 and 22/4 of the Human

Rights Council, in which it is requested that the United Nations High Commissioner for

Human Rights submit to the Human Rights Council an annual report containing

information on relevant developments regarding the rights of persons belonging to national

or ethnic, religious and linguistic minorities in the work of United Nations human rights

bodies and mechanisms, as well as on the activities undertaken by the Office of the High

Commissioner for Human Rights (OHCHR) at its headquarters and in the field.

During the reporting period, OHCHR continued to prioritize the protection of

minorities, as illustrated by the pronouncements to that effect made on several occasions by

the High Commissioner. The activities undertaken this year by OHCHR in line with the

“Guidance note of the Secretary-General on racial discrimination and protection of

minorities” demonstrate that progress has been achieved in providing support to

governments, and to minorities to claim their individual rights, but serious challenges

remain in terms of implementation of these rights.

United Nations A/HRC/28/27

General Assembly Distr.: General 17 December 2014

Original: English

Contents Paragraphs Page

I. Introduction ............................................................................................................. 1–2 3

II. Work of the Office of the United Nations High Commissioner for Human

Rights at its headquarters and in the field ............................................................... 3–28 3

A. Work to strengthen advocacy and capacity..................................................... 4–7 3

B. Regional and country engagement activities: selected areas of focus............. 8–23 4

C. Strengthening the capacity of United Nations country teams ......................... 24–26 7

D. Forum on Minority Issues ............................................................................... 27–28 7

III. United Nations network on racial discrimination and protection of minorities....... 29–34 8

IV. Human rights treaty bodies ..................................................................................... 35–43 9

A. Concluding observations................................................................................. 36–40 9

B. General comments and general recommendations .......................................... 41–43 10

V. Special procedures .................................................................................................. 44–54 11

A. Thematic reports ............................................................................................. 44–45 11

B. Press statements .............................................................................................. 46–54 11

VI. Universal periodic review ....................................................................................... 55–58 13

VII. Conclusions ............................................................................................................. 59–62 14

I. Introduction

1. The Human Rights Council, in its resolutions 13/12 of 2010 and 22/4 of 2013

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

minorities, requested the Office of the United Nations High Commissioner for Human

Rights (OHCHR) to present an annual report to the Council containing information on

relevant developments in the work of United Nations human rights bodies and mechanisms,

as well as on the activities undertaken by OHCHR at its headquarters and in the field, that

contribute to the promotion of, and respect for, the provisions of the Declaration on the

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

(“the Declaration”). The present report covers activities carried out by OHCHR in 2014.

2. During the reporting period, OHCHR provided support to member States in their

efforts to protect minority rights and engaged with regional and national actors, including

minority representatives, with a view to responding to their needs and improving their

capacity to prevent and address challenges to their rights. It also supported system-wide

efforts to advance minority rights, in particular by coordinating the work of the United

Nations network on racial discrimination and protection of minorities, which was

established in 2012 by the Secretary-General. The “Guidance note of the Secretary-General

on racial discrimination and protection of minorities”, developed by the network, was

adopted by the Secretary-General in 2013, and OHCHR has engaged in various activities to

implement its 19 recommendations.

II. Work of the Office of the United Nations High Commissioner for Human Rights at its headquarters and in the field

3. OHCHR strives to ensure that the principles of the Declaration and other relevant

human rights standards are used more effectively to support the participation of minorities

in decision-making and to strengthen human rights protection at the national level. OHCHR

is determined to combat exclusion, marginalization and abuse of people on the basis of their

perceived race, their indigenous, ethnic or religious background, their colour, gender, caste

status, disability, age, health status, or sexual orientation. As such, throughout the year, the

High Commissioners have stressed in public statements the importance of advancing non-

discrimination and protection of minorities.

A. Work to strengthen advocacy and capacity

4. In 2014, OHCHR marked International Roma Day on 8 April by organizing an

expert panel discussion entitled “Exposed and excluded: addressing forced eviction and the

housing rights of Roma”, which illustrated how forced eviction of Roma from their homes,

destruction of their property and deportation result in violations of the right to adequate

housing as a component of the right to an adequate standard of living. Forced evictions are

incompatible with the requirements of international human rights law and contribute

directly and indirectly to violations of a range of civil, political, economic, social and

cultural rights enshrined in international human rights treaties. The event served to raise the

profile and visibility of International Roma Day and offered an important opportunity for

sharing experiences, including with Roma advocates who pursue practical work related to

preventing evictions at the national level.

5. The expert panel discussion brought together Roma rights advocates, including from

the grass roots, whose work focused on combatting violations of Roma rights to housing.

They explored key challenges and the role of forced evictions as a major threat to the

obligations of States to recognize, respect, protect and fulfil human rights. During the

discussions, the situation of women and children was highlighted, as they were particularly

vulnerable to tenure insecurity, and to other human rights violations resulting from forced

evictions. The vulnerability of Roma women to intersecting forms of discrimination that

were manifested, for example, in stigmatization, marginalization and sexual violence

increased when they fell victim to forced eviction. The participants pointed out that

ensuring women’s security of tenure was crucial, regardless of age or marital, civil or social

status, and independently of their relationships with male household or community

members. The experts identified good practices that could be relied upon to prevent forced

evictions and to secure the right to adequate housing.

Minorities Fellowship Programme

6. The annual Minorities Fellowship Programme was held between 27 October and

28 November 2014. The fellowship enables individuals from minority groups to familiarize

themselves with the United Nations human rights machinery and to reinforce their

advocacy skills. Former OHCHR minority fellows have become leaders in minority rights

advocacy, as exemplified by Rita Izsák, the current Special Rapporteur on minority issues.

7. In 2014, the programme was strengthened, including through the introduction of a

practical training module that covered project design, effective fund-raising for human

rights, and documenting human rights violations. A Russian-language component was

added. The OHCHR Minorities Fellowship Programme benefits from interpretation into

Arabic, English and Russian. In 2014, the fellows came from Egypt, Estonia, Georgia, Iraq,

Kyrgyzstan, Lithuania, Mauritania, Nepal, Nicaragua, Pakistan, the Syrian Arab Republic

and Yemen. The Senior Minority Fellowship Programme brought to Geneva a minority

advocate from Lithuania who worked within the Indigenous Peoples and Minorities Section

of OHCHR in order to gain specialized knowledge that she could take back to her

community. In parallel, as part of the National Minority Fellowship, two minority fellows

continued their training by working with United Nations presences and human rights

institutions in Colombia and Nigeria.

B. Regional and country engagement activities: selected areas of focus

8. Many serious human rights violations targeting minorities were denounced by the

High Commissioner during the reporting period. For example, the High Commissioner

made several statements regarding gross violations by the takfiri group, the so-called

Islamic State in Iraq and the Levant (ISIL). On 25 September 2014, he expressed his “deep

dismay at the situation facing hundreds of captured Yezidi women and girls, as well as

some from other ethnic and religious groups, who have reportedly been sold into slavery,

forced into marriage and repeatedly raped by ISIL fighters since their home areas were

overrun in August.” The High Commissioner said, “these latest killings, and the ongoing

abductions and enslavement of women and children, illustrate the utterly poisonous nature

of this takfiri group, and demonstrate the similarities between it and other groups such as

Boko Haram in Nigeria, which is also treating large numbers of women and girls in an

abominable fashion. The fact that such groups try to attract more people to their cause by

asserting that their acts are supported by Islam is a further gross perversion.”1

1 Statement to the Security Council, on Iraq, by Zeid Ra’ad Al Hussein, United Nations High

Commissioner for Human Rights, 18 November 2014.

9. In cooperation with the United Nations Assistance Mission for Iraq and the Alliance

of Iraqi Minorities, OHCHR organized the Conference on the Promotion and Protection of

the Rights of Iraq’s Diverse Ethnic, Religious and Linguistic Communities. Held in

Baghdad from 26 to 28 March 2014, the conference was the first to bring together

representatives of all of Iraq’s ethnic, religious, linguistic and cultural communities. The

issues discussed at the conference included developing strategies to strengthen

(a) protection and security; (b) effective political and economic participation; (c) enjoyment

of social cultural rights, with a specific focus on education; and (d) representation of

various communities. The outcome of the conference was a declaration/statement of

principles on rights and protections for Iraq’s diverse ethnic, cultural, religious and

linguistic communities, and a road map to ensure the protection of members of minorities

from violence and to enhance their equal participation in public life. In addition, a

committee was established to follow up on the road map and to prepare an action plan for

its implementation.

10. In its August 2014 report, the Independent International Commission of Inquiry on

the Syrian Arab Republic reported that members of ISIL had committed war crimes and

crimes against humanity and posed a clear and present danger to civilians — and

particularly minorities — under its control in the Syrian Arab Republic and in the region.

11. In Libya, in accordance with Security Council resolution 2144 (2014), which defines

the mandate of the United Nations Support Mission in Libya (UNSMIL), including its

Human Rights Division, the OHCHR human rights component continued to engage with

minority groups and to monitor and report on violations against minorities within its

general monitoring mandate. UNSMIL held meetings with representatives from the

Amazigh Supreme Council, the National Tabu Gathering and the Tuareg Supreme Council,

as well as with human rights defenders and members of the Parliament.

12. In Yemen, with a view to ensuring that the Muhamasheen participated in the post-

2015 development agenda consultations, OHCHR conducted a workshop for a group of 30

representatives from that community, so that they could voice their priority concerns and

their perspectives on future solutions. Muhamasheen representatives were invited to take

part in a consultation with OHCHR’s Yemen office during the preparation of the OHCHR

country office note, and in the technical meetings for the development of Yemen’s national

human rights strategy. They also took part in a number of capacity-building activities

organized by OHCHR that were focused on anti-discrimination and minority rights.

13. As part of the implementation of the guidance note, OHCHR organized a regional

consultation on minority rights in the Middle East and North Africa region, entitled

“Strengthening minority rights protection in the Middle East and North Africa region

through national implementation of recommendations from the United Nations human

rights machinery”. Held in Tunis on 2 and 3 December 2014, the consultation allowed

participants, who included representatives of national human rights institutions, non-

governmental organizations, the media, and United Nations entities, to share strategies and

tools for national actors to translate recommendations into action. Participants also explored

the relationship between United Nations mechanisms and national frameworks and

institutions, and how they could interact to promote the rights of minorities at the national

and regional levels.

14. The conclusions of the consultation included (a) a review of the status of

implementation of minority rights recommendations specific to the region and emanating

from treaty bodies, the universal periodic review and special procedures; (b) requirements

for compliance with minority rights principles in the region: what works, especially

regarding the situation of minority women and girls; and (c) recommendations for future

work to strengthen the engagement of various stakeholders and of the United Nations

system as a whole.

15. OHCHR held a workshop for human rights defenders, including minority

representatives, in May 2014 in Turkey, which focused on how best to monitor and report

on alleged human rights violations in the Syrian Arab Republic. It covered issues related to

discrimination, sectarianism, and incitement to hatred against vulnerable communities.

16. In Central Asia, OHCHR provided support for national consultations on the

universal periodic review in Bishkek and Osh in May 2014. These brought together State

authorities, civil society and national human rights institutions to discuss the limited

participation and representation of minorities in public and political life, language rights

and access to education for minorities, freedom of religion and belief, and other problems

related to discrimination against minorities.

17. In the Republic of Moldova, OHCHR’s activities with the United Nations country

team throughout the year included joint work with UN-Women and the United Nations

Development Programme on the empowerment of Romani women and girls, including

providing support for the establishment of a civil society network for Romani women and

girls.

18. The Human Rights Monitoring Mission in Ukraine, deployed in March 2014, reports

that while incidents of violent attacks against minorities remain isolated and rare, religious

minority representatives from Protestant, Greek Catholic and Muslim communities

continue to face persecution and intimidation in the eastern part of the country with armed

groups detaining clergy and parishioners and seizing church buildings. The Human Rights

Monitoring Mission in Ukraine has also reported about persistent acts of intimidation

targeting the Crimean Tatars in the Autonomous Republic of Crimea.

19. OHCHR provided guidance to the United Nations country team in Myanmar on the

international standards applicable to non-discrimination and the principle of self-

identification, in line with article 27 of the International Covenant on Civil and Political

Rights and related jurisprudence of the Human Rights Committee.

20. In the Plurinational State of Bolivia, OHCHR continued to deliver technical

assistance to Afro-Bolivian organizations and the Ministry of Education. For example,

OHCHR provided technical assistance, in May and September 2014, to Afro-Bolivian

organizations in connection with their participation in the first regular session of the

National Committee against Racism and all Forms of Discrimination, in order to empower

those organizations to participate effectively in the discussions. For the first time,

23 September was commemorated as the national day of the Afro-Bolivian people, by both

the Government and Afro-Bolivian communities.

21. Pursuant to resolution 23/18 of the Human Rights Council, the High Commissioner

deployed a fact-finding mission to the Central African Republic to collect information on

human rights violations committed in Bangui and other localities between 10 December

2012 and 11 July 2013. That mission was followed by an OHCHR monitoring mission. In

its report dated 28 January 2014, and in light of the violations committed on the basis of

religious affiliation, the mission recommended to the Transitional Government to “organize

free, fair, credible and transparent presidential and legislative elections following an

inclusive and transparent consultation process, without any discrimination based on

ethnicity, religion or political affiliation, and enhance the participation of women in the

electoral process and at the decision-making level”, and to “support initiatives fostering the

peaceful coexistence of communities, such as the platform for dialogue established by

Christian and Muslim religious leaders” (A/HRC/24/59).

22. In 2013, OHCHR completed three studies to improve the situation of minorities in

Central Asia. These include “Minorities and the media in Kazakhstan”, “Participation of

minorities in public life in Kyrgyzstan” and “Access of minorities to education in

Tajikistan”. In 2014, two-page fact sheets containing the main findings and

recommendations from those studies were prepared, which were translated into Russian,

Kyrgyz, Uzbek and Ukrainian, and were also made available in the various state, official

and minority languages as well as in English. The fact sheets seek to make the key findings

accessible to a broader audience and to strengthen advocacy at the regional level.

23. OHCHR issued two one-page fact sheets entitled “Addressing forced evictions of

Roma” and “The inclusion of religious minorities in consultative and decision-making

bodies”. These are distributed to civil society and to State authorities during consultations

and other events with a view to raising awareness on what can be done to strengthen

protection of minority rights in specific areas.

C. Strengthening the capacity of United Nations country teams

24. In line with the guidance note, OHCHR held a training course on minority rights for

the United Nations country team in Pakistan on 6 and 7 May 2014, which brought together

participants from several United Nations agencies and programmes. A briefing, on minority

rights and the guidance note, was organized for senior staff. In addition, a session was

added to the course for senior staff of UN-Women Pakistan, which focused on the role of

the United Nations system in ensuring that its strategies and actions take into consideration

the special situation of minority women, including in terms of criminal justice responses to

harmful traditional practices and violence against women. Participants stressed that

effective United Nations action required continuous dialogue with a diverse representation

of minority women, including with a view to ensuring their contributions to the design and

implementation of United Nations action.

25. On 1 December 2014, OHCHR convened a training session in Tunis on racial

discrimination and the protection of minorities. Organized pursuant to the guiding

principles and recommendations established under the guidance note, the training session

brought together participants from several United Nations agencies and programmes to

strengthen the capacity of the United Nations country team by looking at anti-

discrimination and protection of minorities at the national and regional levels.

26. OHCHR provided programmatic and advisory services support to United Nations

field presences. For example, it conducted a human rights assessment fact-finding mission

to the Sandžak/Raška region in Serbia, and drafted for the United Nations country team a

human rights profile for one of the most remote and economically disadvantaged regions of

the country in which minorities reside compactly. The human rights assessment identified

implementation gaps and highlighted the role that national stakeholders, non-national

stakeholders and the United Nations system as a whole could play in filling the gaps in

addressing the rights of minority communities. It has also pointed to appropriate entry

points for programmatic interventions to help define strategies for better protection of

human rights and minority rights in the region.

D. Forum on Minority Issues

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

resolution 6/15, and renewed in resolution 19/23 of 23 March 2012, provides an annual

platform for dialogue and cooperation on issues pertaining to persons belonging to national

or ethnic, religious and linguistic minorities. The annual session of the Forum is prepared

under the guidance of the Special Rapporteur on minority issues. The Forum’s seventh

session was held on 25 and 26 November 2014; its topic was “Preventing and addressing

violence and atrocity crimes targeted against minorities”, and it aimed to increase

awareness of the obligations of States under international law to protect minorities against

violence by creating and/or strengthening institutional and policy frameworks for minority

rights protection.

28. On 24 November 2014, the day preceding the Forum session, OHCHR held a

“Dialogue on the role of the United Nations in preventing and addressing violence and

atrocity crimes against minorities”. The dialogue provided an opportunity to share

experiences and practices that are effective in strengthening prevention and protection

capacities in various contexts, such as: (a) addressing discrimination and securing effective

participation of minorities in times of peace; (b) preventing violence by facilitating national

engagement, including with human rights mechanisms, when identity-related tensions exist;

and (c) responding to violence in situations of widespread and systematic attacks against

minorities during conflict and post-conflict situations. The first panel looked at the global

perspective and the role of United Nations mechanisms, as regards preventing violence and

atrocity crimes against minorities. The second panel considered the role of the United

Nations and lessons learned, with regard to the prevention of violence and atrocity crimes

against minorities at the country level. The discussions served to identify approaches that

work best, by examining United Nations action ranging from human rights advocacy work

at OHCHR headquarters and in the field, to humanitarian action involving peacebuilding

and peacekeeping during conflict and post-conflict situations and involving a variety of

United Nations actors.

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

29. In order to enhance the combined impact of the work of the United Nations system

in this area, the Secretary-General established, on 6 March 2012, the United Nations

network on racial discrimination and protection of minorities. The network is designed to

enhance dialogue and cooperation between relevant United Nations departments, agencies,

programmes and funds.

30. The network, in response to the recommendations of the guidance note, developed a

four-year action plan. As part of the plan, the network is tasked, inter alia, with facilitating

knowledge exchange opportunities, including through training on racial discrimination and

protection of minorities for United Nations country teams, while underscoring the gender

dimension of exclusion. One of the goals envisaged under the action plan is to ensure that

existing and future subregional United Nations system initiatives on racial discrimination

and protection of minorities draw on the guidance note and on existing good practices and

lessons learned.

31. The training courses organized by OHCHR in 2014 helped to strengthen the

capacity of United Nations presences to support national authorities to take urgent steps to

guarantee respect for minority rights, and to put into place protective measures against the

perpetration of violence against minorities and bring to justice the perpetrators of attacks

against members of religious minorities.

32. The network is currently working on a guidance tool, for the United Nations system,

on discrimination based on work and descent. The guidance tool responds to the specific

action point in the action plan about developing “guidance for the United Nations system

on key challenges, priorities and strategic approaches to combat discrimination based on

work and descent”. In accordance with the action plan, the tool will draw on “existing

United Nations tools and standards, including general recommendation No. 29 on ‘descent’

of the Committee on the Elimination of Racial Discrimination”.

33. Another example of the activities envisaged under the action plan relates to joint

advocacy strategies to follow up on recommendations from human rights mechanisms.

OHCHR, together with the network, organized an expert consultation for the Middle East

and North Africa region that focused on joint strategies to support follow-up on

recommendations from various human rights mechanisms regarding minority rights issues.

In order to facilitate awareness-raising about the content of the guidance note, the network

is publishing it in several United Nations official languages.

34. One of the action points calls for intensifying system-wide interaction with

mechanisms such as the Forum on Minority Issues. It is in this context that OHCHR made

its first-ever intervention on behalf of the network, at the Forum’s seventh session. The

relevance, to the United Nations system, of this year’s Forum theme is also reflected in the

Secretary-General’s guidance note, which highlights the importance of taking enhanced

action to advance the rights of minorities by, inter alia, encouraging “constructive

management of diversity to address identity-based tensions, including culturally attuned

preventive measures focusing on the most important risk factors”.

IV. Human rights treaty bodies

35. Human rights treaty bodies have addressed minority issues throughout the reporting

period, as illustrated by the following examples.

A. Concluding observations

36. The Human Rights Committee, at its 110th session (10–28 March 2014) adopted

concluding observations on Kyrgyzstan, the United States of America, and Latvia. The

Committee noted Kyrgyzstan’s efforts to integrate minorities into political and public life,

but remained concerned about the low level of representation of minorities in political and

public institutions both at the national and the local level (CCPR/C/KGZ/CO/2). With

regard to the United States of America, the Committee remained concerned about the

practice of racial profiling, and about surveillance by law enforcement officials targeting

certain ethnic minorities, notably Muslims (CCPR/C/USA/CO/4). As regards the

concluding observations on Latvia, the Committee addressed questions of the status of

“non-citizen” residents and the situation of linguistic minorities in the country

(CCPR/C/LVA/CO/3).

37. The Committee on Economic, Social and Cultural Rights, at its 52nd session

(28 April–23 May 2014), adopted concluding observations on China, including Hong

Kong, China, and Macao, China. The Committee expressed concern that, despite the

measures adopted by Hong Kong, China to ensure equal access to 12-year free education,

children of ethnic minorities continued to face discrimination. The Committee

recommended that Hong Kong, China ensure, through legislative and other measures, that

all children, including ethnic minority children, have free access to compulsory education

on an equal basis with other children (E/C.12/CHN/CO/2).

38. The Committee on the Elimination of Racial Discrimination, at its 84th session (3–

21 February 2014), reviewing the seventh, eighth and ninth periodic reports of Switzerland,

remained concerned that Traveller communities and Yenish, Manush, Sinti and Roma

continue to face obstacles in accessing education and in preserving their language and

lifestyle. The Committee recommends that the State party strengthen its efforts to promote

and protect the rights of national minorities, particularly with regard to access to education

and preservation of their language and lifestyle (CERD/C/CHE/CO/7-9).

39. The Committee on the Rights of the Child, at its 65th session (13–31 January 2014),

adopted concluding observations on Germany. It expressed concern about the rise of the

poverty rate and the at-risk-of-poverty rate among children, with children from single-

parent families, large families, and families from ethnic minority backgrounds being

particularly affected. The Committee regretted the fact that children from ethnic-minority

backgrounds had a significantly weaker record of school achievement, leaving school

without having graduated from it twice as often as pupils from non-ethnic-minority

backgrounds (CRC/C/DEU/CO/3-4).

40. The Committee against Torture, at its 50th session (6–31 May 2013), in regard to the

Netherlands, expressed concern at the alleged incidents of illegal use of force, insults and

mistreatment at the Koraal Specht prison in Curaçao and in the cells at police stations on

the islands of Aruba, Bonaire and Sint Maarten, as well as at ethnic profiling by the police

and border guards that had been aimed in particular at foreigners and members of

minorities. It requested the State party to establish systems to obtain disaggregated data

about the composition of the detainee population to avoid disproportionate representation of

minorities (CAT/C/NLD/CO/5-6). At its 51st session (28 October–22 November 2013),

adopting concluding observations on Portugal, the Committee was concerned at reports of

discrimination and abuses against Roma and other minorities by the police. The Committee

added that the State party should take effective measures to ensure the protection of

members of the Roma community (CAT/C/PRT/CO/5-6).

B. General comments and general recommendations

41. The Committee on the Elimination of Discrimination against Women adopted, in

November 2013, its general recommendation No. 30 on women in conflict prevention,

conflict and post-conflict situations, some provisions of which requested that States address

the needs of women belonging to minorities. It was noted in the general recommendation

that during and after conflict, specific groups of women and girls were at particular risk of

violence, especially sexual violence, for example women of diverse caste, ethnic, national

or religious identities, or of other minorities, who were often attacked as symbolic

representatives of their community. The general recommendation also considered the

specific risks and particular needs of different groups of internally displaced and refugee

women who were subjected to multiple and intersecting forms of discrimination, including

women with disabilities, older women, girls, widows, women who headed households,

pregnant women, women living with HIV/AIDS, rural women, indigenous women, women

belonging to ethnic, national, sexual or religious minorities, and women human rights

defenders, as well as stateless women and girls in times of conflict (CEDAW/C/GC/30).

42. A joint general recommendation/general comment No. 31 of the Committee on the

Elimination of Discrimination against Women and No. 18 of the Committee on the Rights

of the Child on harmful practices was adopted in November 2014. The Committees

recommended to States parties to both Conventions to take all appropriate measures to

ensure that stigma and discrimination were not perpetuated against the victims of harmful

practices and/or against the practising immigrant or minority communities.

43. The Committee on the Rights of Persons with Disabilities adopted its general

comment No. 1 in April 2014, in which it was recalled that article 12 of the Convention on

the Rights of Persons with Disabilities affirmed that all persons with disabilities had full

legal capacity. It was noted in general comment No. 1 that legal capacity had been

prejudicially denied to many groups throughout history, including women (particularly

upon marriage) and ethnic minorities (CRPD/C/GC/1). In its general comment No. 2, also

adopted in April 2014, the Committee added that States parties should take appropriate

measures to enable persons with disabilities to have the opportunity to develop and utilize

their creative, artistic and intellectual potential. The Convention on the Rights of Persons

with Disabilities, in article 30, paragraph 4, provides that persons with disabilities are

entitled, on an equal basis with others, to recognition and support of their specific cultural

and linguistic identity, which includes sign languages and deaf culture (CRPD/C/GC/2).

V. Special procedures

A. Thematic reports

44. In her report to the Human Rights Council on her mission to Indonesia, the Special

Rapporteur on adequate housing as a component of the right to an adequate standard of

living, and on the right to non-discrimination in this context, Raquel Rolnik, raised her

concern with “reports received about forced relocation of religious minorities (particularly

Shia and Ahmadiyya communities) that has been instigated by mobs, and based on

religious incitement” (A/HRC/25/54/Add.1, para. 72). In a press release dated 2 June 2014,

the Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, expressed his

utmost concern at “the recent surge of violent attacks against Ahmadiyya Muslims by

militant extremists. Such violence is fuelled by existing blasphemy legislation in Pakistan

particularly targeting minorities.” Mr. Bielefeldt went on to urge Pakistan to “guarantee the

right to freedom of religion or belief of members of minority religious communities”.2

45. In the report of the Special Rapporteur on the rights to freedom of peaceful assembly

and of association, which was presented to the Human Rights Council at its 26th session,

held from 10 to 27 June 2014, the Special Rapporteur, Maina Kiai, documented the

challenges faced by marginalized groups, including minorities, in exercising and in seeking

to exercise their rights to freedom of peaceful assembly and of association. The Special

Rapporteur emphasized that “the process of registering an association may prove to be

cumbersome for marginalized groups and exclude groups such as minorities or persons

with disabilities. For example, the language used to communicate could be inaccessible”

(A/HRC/26/29, para. 54). He also urged States to “take measures to protect and promote the

rights of minorities and their identity and take positive action to help minority cultures

flourish” (ibid., para. 18).

B. Press statements

46. Along with other United Nations experts, the Special Rapporteur on minority issues

reiterated her grave concern over the situation in Iraq in a press statement dated 12 August

2014: “All possible measures must be taken urgently to avoid a mass atrocity and potential

genocide within days or hours — civilians need to be protected on the ground and escorted

out of situations of extreme peril… The responsibility to protect populations at risk of

atrocity crimes falls both on the Iraqi Government and on the international community.”3

47. On 14 August 2014, the Special Rapporteur on freedom of religion or belief and the

Special Rapporteur on minority issues expressed their grave concern at the situation of

Pakistani asylum seekers in Sri Lanka who were being detained and forcefully deported to

Pakistan without an adequate assessment of their asylum claims. “Most asylum seekers

from Pakistan belong to religious minorities, including Ahmadiyya Muslim, Christian and

Shia, groups that are often subjected to persecution, discrimination and violence in

Pakistan,” said the Special Rapporteur on minority issues. “Such violence is fuelled by

2 Available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14658&.

3 Available from

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existing blasphemy legislation particularly targeting minorities and a lack of protective

measures for them in Pakistan,” added the Special Rapporteur on freedom of religion or

belief.4

48. On 2 August 2014, on the occasion of the Roma Holocaust seventieth anniversary

commemoration, the Special Rapporteur on minority issues, together with the Special

Adviser on the Prevention of Genocide, Adama Dieng, called for stronger measures and

initiatives to keep the memory of the Roma Holocaust alive and to enable survivors, Roma

communities and others to mark it in a recognized and dignified manner.

49. On 25 July 2014, in a press statement and on the situation in Iraq, the Special

Rapporteur on minority issues, and the Special Rapporteur on the human rights of internally

displaced persons, Chaloka Beyani, stated that ethnic and religious minorities were bearing

the brunt of the conflict and that if protection measures were not taken urgently, the impact

of the conflict on minorities would be “devastating and irreversible”. Ms. Izsák added that

she was gravely concerned about the physical safety of several minority groups in the

country, including Christians, Shia, Shabaks, Turkmen and Yazidis, who were “subjected to

abductions, killings or the confiscation of their property by extremist groups”, and some of

whom were given “an ultimatum that by 19 July, they should convert, pay a tax, leave the

city, or face execution”.5

50. On 23 July 2014, Ms. Izsák and Mr. Beyani explained that many of the individuals

displaced in Nigeria belonged to ethnic and religious minorities who had been victims of

violence.

51. On 2 July 2014, three United Nations special rapporteurs, on freedom of religion or

belief, minority issues, and extrajudicial, summary or arbitrary executions, called on Sri

Lanka to adopt urgent measures to stop the promotion of racial and faith-based hatred, and

violence against Muslim and Christian communities by Buddhist groups with extremist

views, and to bring the perpetrators of the violence to justice.6

52. In a news release on 2 June 2014, the Special Rapporteur on minority issues stressed

that “Pakistan must urgently put in place protective measures to ensure the personal

security of Ahmadiyya Muslims, as well as any other religious minorities living in the

country, under threat of hostility and violence by militant extremists.”7

53. In a statement delivered on 15 April 2014, at the end of her country visit to the

United Kingdom that took place between 31 March and 15 April 2014, the Special

Rapporteur on violence against women, its causes and consequences, Rashida Manjoo,

noted that “considering their higher rates of victimization, the specific experiences and

needs of black and minority ethnic women and girls who have experienced violence need to

be acknowledged.” She stated that “the disproportionate effect that the legal aid cuts are

having on black and minority ethnic women was consistently shared with me during the

mission”. She asserted that “participation in public life is further impacted for people from

black and ethnic minority groups, who are much more likely to be in situations of poverty,

with an income of less than 60 per cent of the median household income. Finally, the

4 Available from

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5 Available from

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6 Available from

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7 Available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14658&.

Special Rapporteur emphasized that black and minority ethnic women were

“overrepresented within British prisons and immigration detention centres”.

54. Between 7 and 14 April 2014, the Special Rapporteur on minority issues conducted

a country visit to Ukraine. She released a statement on 16 April in which she reiterated that

a key pillar of minority rights is “full and equal participation in public life, including

political participation at national, regional and local levels”. She also stressed the

importance of enabling students to learn both about their own origins, cultures and

religions, and also about those of others, in a positive way that recognizes the contributions

of all groups.

VI. Universal periodic review

55. The universal periodic review is a key awareness-raising and advocacy mechanism

tool for the protection of human rights. It comprises three stages: (a) a review by United

Nations Member States; (b) the implementation of the recommendations received during

the review; and (c) an assessment of the implementation at the next review (four-and-a-half

years later). Regarding minority rights and the first stage, at its twenty-fifth session

(3-28 March 2014), twenty-sixth session (10–27 June 2014) and twenty-seventh session

(8-26 September 2014) the Human Rights Council adopted the reports of the Working

Group on the Universal Periodic Review on numerous countries.

56. In the adopted reports, minority rights issues were discussed, and several States

made recommendations relating to: (a) legislative and practical measures to ensure the

promotion and protection of minority rights; (b) measures aimed at protecting minorities

against discrimination, particularly in employment, housing, health and education;

(c) enhanced efforts to promote the participation of minorities in politics; (d) the

implementation and enforcement of provisions on freedom of religion and belief; and

(e) measures to tackle prejudices and eradicate racial discrimination.

57. Additional recommendations included: (a) promoting religious and ethnic tolerance,

including through awareness-raising campaigns; (b) ensuring the enjoyment of social,

cultural and economic rights, including by pursing efforts to lower the infant and maternal

mortality rates experienced by minority groups; (c) ensuring that a greater provision of

resources is directed towards regions inhabited by ethnic minorities; and (d) measures to

ensure the preservation of cultural identity, including cultural relics of significance to

minority groups. Furthermore, several States adopted a significantly higher number of

recommendations relating to minority rights than they had in their previous cycles. In doing

so, States highlighted their increased recognition of the importance of developing an

environment conducive to the flourishing of population diversity.

58. The second stage (the “implementation” or “follow-up” stage) is the most crucial, as

it demonstrates States’ engagement and key actions that they have taken leading to the

realization of recommendations on the ground. The third stage requires information on

implementation. In this connection, each party concerned, ranging from States to civil

society to national human rights institutions, plays a very important role. While it is not

possible to report here the results of all of the recommendations accepted by States, earlier

adopted recommendations have been translated into actions in several countries. Examples

are: (a) the adoption of a national strategy for the integration of Roma communities, which

comprises several measures in different areas to improve the situation of Roma, with

different projected dates for complete implementation; (b) the establishment of an

intersectoral task force to formulate policy guidelines for educationally marginalized

children; (c) steps taken to ensure the inclusion of minority rights in constitution-writing

processes, amendments to the constitution, and the national human rights plan; and (d) the

adoption of an Equal Opportunities Act, and the project for an Equal Opportunities

Commission prohibiting discrimination in employment on the basis of colour, sex, ethnic

origin or race.

VII. Conclusions

59. Discrimination against minorities, and their exclusion and marginalization,

undermine human rights and threaten the peace and stability of communities,

countries, and eventually regions. Currently, we are witnessing increased violence

against ethnic and religious groups in a number of countries. In that context, women

and girls are being particularly targeted. We have to redouble our efforts to

strengthen protection and end persistent discrimination and impunity, particularly in

those countries where violence against minorities is resurging.

60. While the primary legal obligation to protect minorities remains with States,

advancing human rights requires efforts that are concerted. OHCHR has continued to

advance minority rights via concrete action at its headquarters and in the field, in

cooperation with States, minorities and other partners.

61. The work carried out by independent special procedures mandate holders,

including the Special Rapporteur on minority issues, in combination with the

universal periodic review and the work of the treaty bodies, has continued to play an

important role in protecting minority rights, raising key thematic and country-specific

concerns and making recommendations that contribute to the full implementation of

the 1992 Declaration on Minorities.

62. Constant strengthening of cooperation between international, regional and

national actors is also crucial. Guidance and resource tools that provide hands-on

suggestions to the United Nations, to States and to other stakeholders for addressing

gaps in protection can facilitate such efforts. The “Guidance note of the Secretary-

General on racial discrimination and protection of minorities” is such a tool. It offers

an important point of reference in strengthening advocacy to prevent and counter

minority rights violations, and the United Nations network on racial discrimination

and protection of minorities is supporting the implementation of the guidance note

through a range of concrete initiatives in line with a new action plan.