34/21 Rights of persons belonging to national or ethnic, religious and linguistic minorities - Annual report of the United Nations High Commissioner for Human Rights

GE.16-22297(E)



Human Rights Council Thirty-fourth session

27 February-24 March 2017

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

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

Annual report of the United Nations High Commissioner for Human

Rights

Summary

The Human Rights Council, in its resolutions 13/12, 22/4 and 31/13 concerning the

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

requested the United Nations High Commissioner for Human Rights to present an annual

report to the Council. This report is to contain information on relevant developments in the

field of minority rights worldwide, including the work of United Nations human rights

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

Nations High Commissioner for Human Rights (OHCHR) at headquarters and in the field

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

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

being submitted pursuant to these resolutions.

During the 2016 reporting period, OHCHR continued to address the situation of

minorities. The strategies and initiatives of OHCHR, in line with the guidance note of the

Secretary-General on racial discrimination and protection of minorities, aim to promote the

implementation of the Declaration. It supported Governments, civil society and minority

representatives with expertise and capacity-building and led efforts to enhance system-wide

* Reissued for technical reasons on 3 March 2017.

United Nations A/HRC/34/21*

action by the United Nations with a view to advancing the realization of the rights of

persons belonging to minorities.

I. Introduction

1. In 2016, the Office of the United Nations High Commissioner for Human Rights

(OHCHR) reported on several incidents of discrimination and violent attacks against

minorities that affected minority women disproportionately. In countries where there are

armed conflicts, ethnic and religious communities have become more vulnerable and have

suffered from gross violations of their human rights on grounds of their actual or perceived

religious and/or ethnic backgrounds.

2. In many parts of the world, there has been a resurgence of movements fuelled by

racial, religious, national or ethnic hatred. Political voices echoing and even actively

advocating xenophobia or demonizing and scapegoating vulnerable groups are increasingly

common. Some States continue to deny access to citizenship and even education to

members of certain national or ethnic, religious and linguistic minorities, even though they

have been resident for generations in the States in question.

3. During 2016, concerns that regulations privileging security protection interests over

human rights continued to increase. Fear has led to the adoption by some States of

measures that impinge on the enjoyment of freedoms and the protection of human rights.

An us-versus-them mentality, which further marginalizes and alienates persons belonging

to minority communities, is slowly emerging. Children are being shamed and shunned for

their ethnic and religious origins, and entire communities, suspected of collusion with

terrorists, are being smeared.

4. In 2016, the year of the first high-level political forum on sustainable development,

national, ethnic, religious and linguistic minorities have continued to be affected by deep

inequalities. These inequalities create tension, threaten social cohesion, fuel radicalization

and sometimes result in political unrest and violent conflict.

5. During the reporting period, the United Nations High Commissioner for Human

Rights and other OHCHR officials spoke out against a range of human rights violations

targeting minorities and urged States and international actors to address them at an early

stage.

6. It is against this backdrop that OHCHR has committed, as a matter of priority, to

pursuing its work to protect the rights of persons belonging to minorities in partnership with

other United Nations entities, regional organizations, Member States, national human rights

institutions, minority representatives, non-governmental institutions and other partners.

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

7. OHCHR has undertaken several initiatives to promote minority rights standards and

call for their implementation at the global, regional and national levels. Throughout the

year, the High Commissioner has made public statements stressing the importance of

advancing non-discrimination and the protection of minorities.

A. Regional and country engagement

8. In its 2016 reports on the protection of civilians, the United Nations Assistance

Mission in Afghanistan (UNAMA) described how civilians of all backgrounds continue to

suffer from the armed conflict, including through deliberate targeting by anti-government

elements. Although the issues of ethnicity and religion are deeply politicized, systematic

discrimination against a particular group was not documented as part of the ongoing

conflict. On 23 July 2016, discriminatory intent based upon religion was clearly a motive

when Islamic State in Iraq and the Levant (also known as ISIL or Da’esh) – Khorasan

Province claimed responsibility for a suicide attack. The attack, which occurred in Kabul,

during a peaceful demonstration by persons of Hazara background, nearly all of whom are

members of the Shia Muslim minority, killed 85 and injured more than 400. Reports on the

protection of civilians in Afghanistan in 2016 also documented ongoing abductions of

Hazara civilians by anti-government elements. Although in many cases members of the

Hazara community were specifically targeted, discriminatory intent based upon ethnicity or

religion was not documented among the motives. UNAMA continues to facilitate ongoing

dialogue between Hazara leaders and the Government of Afghanistan on this issue.

9. In June 2016, the Independent International Commission of Inquiry on the Syrian

Arab Republic issued a report on the crimes committed by ISIL against the Yazidis. In its

report, the Commission concluded that ISIL had committed and continued to commit the

crime of genocide against the Yazidis, as well as crimes against humanity and war crimes.

ISIL had sought to destroy the Yazidis through killings, sexual slavery, enslavement,

torture and inhuman and degrading treatment, as well as forcible transfer causing serious

bodily and mental harm. ISIL had pursued those objectives by subjecting Yazidis to

conditions that lead to slow death; by imposing measures to prevent the birth of Yazidi

children, including by forcing adults to convert, separating Yazidi men and women and

causing mental trauma; and by removing Yazidi children from their own families and

placing them with ISIL fighters, thereby cutting them off from the beliefs and practices of

their own religious community and erasing their identity as Yazidis. The public statements

and conduct of ISIL and its fighters clearly demonstrated that ISIL intended to destroy in

whole or in part the Yazidis of Sinjar, who account for the majority of the world’s Yazidi

population.

10. The Human Rights Office of the United Nations Assistance Mission for Iraq

(UNAMI) and OHCHR, for their part, have monitored the situation of the Yazidis

documenting their experiences since the attack on Sinjar by ISIL in August 2014. The

August 2016 report entitled “A call for accountability and protection: Yezidi survivors of

atrocities committed by ISIL”, produced by the Human Rights Office of UNAMI and

OHCHR, supported the conclusion that those crimes had been committed in a systematic

and widespread manner, targeting and seeking to destroy the Yazidi group, in whole or in

part. It was noted in the report that many of the crimes committed by ISIL may amount to

war crimes, crimes against humanity and, possibly, genocide. The Government of Iraq was

called on to take all actions necessary and make every effort, in strict compliance with

applicable international humanitarian law and international human rights law, to put an end

to human rights abuses perpetrated by ISIL and protect civilians from the effects of such

abuses. Iraq was also urged to ensure that all allegations of serious abuses and crimes

committed by ISIL members, as well as their superiors, were investigated promptly,

independently, impartially and thoroughly, and that those responsible were brought to

account.

11. Moreover, in the context of a joint project of the Human Rights Office and the

Office for Political Affairs, both of UNAMI, the Human Rights Office has been working on

a draft law on the rights of minorities with a view to ensuring compliance with international

standards and coordinating advocacy efforts with civil society organizations. In addition,

the Office is planning a follow-up meeting to the round table held in 2015, with a specially

established committee tasked with developing recommendations for a national action plan

to protect the ethnic, religious, linguistic and cultural rights of minorities in Iraq. The aim

of the meeting, which will involve the participation of representatives of minority groups, is

to discuss and adopt appropriate mechanisms for the implementation of the agreed

recommendations before sharing them with the Government.

12. In March 2016, the OHCHR Regional Office for South-East Asia organized a

workshop in Yala Province, southern Thailand, on how to document torture and ill-

treatment. Twenty-five civil society representatives from the Malay-Muslim community

attended the workshop. The topics covered included racial discrimination and profiling in

the context of DNA collection. The Regional Office also continued to look closely into the

situation of the Karen community in Kaeng Krachan National Park in Phetchaburi

Province, urging Thai authorities to address outstanding land disputes before registering the

park as a World Heritage Site. In addition, the Regional Office highlighted the need to hold

comprehensive consultations with the affected communities, calling for the implementation

of recommendations made by the National Human Rights Commission of Thailand in

connection with this case.

13. In April, the Commission on Human Rights of the Philippines and OHCHR

organized a workshop to reinforce capacity in respect of the normative framework for the

protection of the rights of minorities and indigenous peoples in Mindanao Province in the

Philippines. The first workshop took place in Cotabato on 18 and 19 April and included

government line agencies and regional commissions, civil society organizations and United

Nations staff from the Autonomous Region in Muslim Mindanao. The second workshop

took place in Davao on 21 and 22 April and included government line agencies, national

commissions and civil society organizations. After the workshop, OHCHR was able to

contribute to the revised draft national anti-discrimination legislation.

14. In June, pursuant to Human Rights Council resolution 29/21, the High

Commissioner reported on the human rights violations and abuses against Rohingya

Muslims and other minorities in Myanmar (A/HRC/32/18). In the report, the High

Commissioner highlighted in particular recent incidents of trafficking and forced

displacement of Rohingya Muslims. He confirmed the urgent need to address the serious

human rights violations affecting the Rohingya and other minorities. Much is expected of

the new Government, which took office in April 2016, and there have been some early

signs of acknowledgement that change is needed. The new Government has inherited laws

and policies that deny fundamental rights to minorities, and decades of impunity for serious

violations against these communities have encouraged ongoing violence against them.

Considerable efforts to address violations against minorities must be made if the people of

Myanmar are to be provided with a safe and peaceful environment and if Myanmar is to

transition to sustainable development, democracy and peace.

15. On 14 and 15 June, the Myanmar National Human Rights Commission and OHCHR

organized a workshop on the rights of minorities in Nay Pyi Taw, Myanmar.

Parliamentarians, representatives of the State, senior officials from various ministries, the

Supreme Court and the Attorney-General’s Office and members and staff of the Myanmar

National Human Rights Commission participated in the workshop, which sought to

facilitate a discussion on international human rights standards and mechanisms that apply to

minorities and identify ways to better protect the country’s minorities.

16. In 2016, the National Commission for the State Language in Kyrgyzstan, with the

support of the OHCHR Regional Office for Central Asia and the United Nations

Peacebuilding Fund, developed teaching and training materials for civil servants in the

Kyrgyz language. This project is intended to support fluency in Kyrgyz in the light of the

adoption of new legislation requiring that anyone wishing to obtain and keep a civil service

position be fluent in the language by 2020. The main purpose was to prevent a decrease in

the number of civil servants with a minority background. The Regional Office developed,

introduced and piloted in two universities of southern Kyrgyzstan practical courses on

intercultural education, covering minority rights, respect for diversity, the benefits of inter-

ethnic relations and non-discrimination. As a result, two universities introduced the course

on intercultural education as an elective for the 2016/17 academic year. A third university

in southern Kyrgyzstan will pilot the course in the 2016/17 academic year, pending its

formal inclusion in the university curriculum. During the reporting period, the Regional

Office worked extensively on encouraging the participation of ethnic minorities in the

public and political life of Kyrgyzstan. It drafted a study on worldwide best practices to

improve minority participation in political life — in the civil service in particular — and in

consultative and elected bodies. The study, in which measures that could be applied in

Kyrgyzstan are highlighted, was later used as core document for a national conference on

minority participation.

17. In Serbia, OHCHR advised an expert working group on the development of a

national Roma inclusion strategy 2016-2025 to ensure in particular employment and respect

for human rights. OHCHR also participated in consultations on the adoption of a new

national action plan on the rights of national minorities in Serbia. It created the

methodology for the consultation process with the Roma community to ensure that the

Roma people participated in and contributed to the development and implementation of the

national action plan.

18. In Colombia, OHCHR focused on guaranteeing and protecting the rights of Afro-

Colombians by increasing the use of national protection systems related to the principle of

free, prior and informed consent. It supported the development of appropriate protocols for

consultations involving people of African descent and third parties, thereby facilitating the

inclusion of Afro-Colombians in the consultation process for the Departmental Growth Plan

2016-2019. In addition, OHCHR assisted Afro-Colombians in defending their right to

traditional lands by providing advice, support and monitoring services. It also provided

technical assistance to improve cooperation between Afro-Colombians and the Government

at the local and national levels. This assistance focused on the inclusion of projects for

ethnic minorities in local and national development plans and the incorporation of an ethnic

dimension in the peace talks between the Government and the Revolutionary Armed Forces

of Colombia — People’s Army (FARC-EP). Finally, OHCHR supported the establishment,

pursuant to decision T-576/14 of the Constitutional Court, of a national consultation space

for the Afro-Colombian communities. The Office also attended the first session of the

national consultation space, along with 220 representatives from Afro-Colombian

communities and other organizations.

19. In cooperation with civil society, OHCHR in Tunisia has begun to assess and record

cases of racial discrimination against black Tunisian minorities and foreigners residing in

the country. The Office has set up a capacity-building programme, to benefit associations

working to protect the minority rights of black Tunisians. At government level, after several

discussions with the Ministry responsible for human rights, a working group on racial

discrimination was established. A draft law to criminalize racism and racial discrimination,

which will be considered by the Assembly of the Representatives of the People in the

coming months, was submitted by a group of civil society associations.

20. OHCHR-Yemen has continued to document human rights violations, with a special

focus on the rights of minority communities. Additionally, OHCHR has worked with

United Nations agencies and other humanitarian actors to establish a joint United Nations

early warning system for the protection of civilians. A set of quantitative and qualitative

indicators, including those on minorities, will be collected and will serve as a basis for an

overview of the situation in Yemen. Minority communities have suffered the consequences

of the ongoing conflict and have been especially vulnerable to arbitrary arrest. On 10

August 2016, 68 people, including women and 20 followers of the Baha’i faith, were

arrested and held without charge in Sana’a prison, allegedly by the Yemeni National

Security Agency. Following a national campaign and efforts by OHCHR to press the Office

of the President for their release, the majority were released.

B. Work to strengthen capacity

21. The eleventh anniversary of the annual Minorities Fellowship Programme, which

was held from 7 to 25 November in Geneva, was celebrated in 2016. The Programme had

two linguistic components, English and Russian, and the fellows came from Bosnia and

Herzegovina, Cameroon, Colombia, Egypt, India, Iraq, Japan, Kyrgyzstan, the Republic of

Moldova, Pakistan and Ukraine. The fellowship aims at providing human rights advocates

from minority groups with in-depth knowledge of the United Nations human rights system

in order to reinforce their advocacy skills and thereby enable more effective use of

international human rights standards and mechanisms.

22. An evaluation of the Programme was conducted for an overview as to its impact on

the professional progress of the fellows, as well as that of their organizations and

communities. The evaluation indicated that following their training in Geneva, several

fellows had organized local, national and regional capacity-building workshops on minority

rights and others had aligned their organizations’ activities with the work of treaty bodies

and special procedures, thereby strengthening implementation, follow-up and monitoring of

compliance with international human rights standards on the ground. For example, a former

fellow from Colombia organized training in his organization for over 300 minority youth

leaders on United Nations instruments and mechanisms specific to minorities.

23. A national component of the Fellowship Programme is run by OHCHR at its field

presences. The fellowships run for between three and six months and are designed to

provide on-the-job training for the fellows. This year, with a view to strengthening

continuity of work on minority issues, two national fellows were posted to OHCHR

country/field offices in Colombia and the Republic of Moldova and one to the Office of the

United Nations Resident Coordinator in Sri Lanka. The fellow in Colombia was involved in

efforts to support consultation with and engagement of people of African descent in the

ongoing peace process. In Sri Lanka, the fellow was asked to support the preparation of the

official country visit of the Special Rapporteur on minority issues in October 2017.

24. OHCHR held a capacity-building course on minority rights in the Republic of

Moldova from 10 to 12 May 2016. The course was designed to help make the United

Nations country team, representatives of national human rights institutions and civil society

actors more effective advocates of the need for the State to improve its implementation of

international and national standards in the field of minority rights. It was organized in

furtherance of the guiding principles and recommendations established in the 2013

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

minorities.

25. Moreover, on 1 June, OHCHR participated in a European Parliament hearing in

Brussels on linguistic diversity and language discrimination in the European Union.

OHCHR was represented on two panels: one on the European and international norms on

regional or minority language rights and another on better implementation of existing

mechanisms.

26. On 24 November, OHCHR organized a side event on promoting and protecting

minority rights through visual art during the Forum on Minority Issues to raise awareness

of anti-discrimination and minority rights. Three cartoonists were chosen to produce

compelling cartoons that portray the need to protect minority rights while sending the

message that securing minority rights leads to stability and peace. The cartoonists were

Ángel Boligán Corbo (Cuba), Godfrey Mwampembwa (Kenya) and Hani Abbas (Syrian

Arab Republic). The event was moderated by the cartoonist Patrick Chapatte (Switzerland).

These cartoons served as the basis for a panel discussion on the role of visual art in the

promotion and protection of minorities.

27. Efforts are being made by different parts of the United Nations and Governments to

counter extremism and violence against minorities, and it must be acknowledged that every

effort to promote understanding helps ensure that the situation does not worsen. It is clear,

however, that much more needs to be done to protect minorities. Hence, conveying public

messages anchored in our commonalities instead of our differences can serve to dilute

prejudices and draw attention to the contributions of diversity.

III. United Nations network on racial discrimination and protection of

minorities

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

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

network on racial discrimination and protection of minorities. A four-year action plan was

developed in 2013 to support the network in achieving the full aims of the guidance note.

29. To take stock of the recent strategies deployed to use the action plan to achieve those

aims, network members held a meeting in October 2016. Discussions also revolved around

the end of the four-year implementation period in 2017. In addition, the meeting provided a

forum for an update on and overview of the International Decade for People of African

Descent.

30. In 2016, as coordinator of the United Nations network, OHCHR finalized the

development of a guidance tool on descent-based discrimination that takes into

consideration the key challenges and strategic approaches involved in combating caste-

based and analogous forms of discrimination. A launch event, to be held to design

strategies for strengthening advocacy efforts and thus to promote and protect rights, is

planned for early 2017.

IV. Human Rights Council and its mechanisms

A. Special procedures

1. Thematic rapporteurs

31. In March 2016, the Special Rapporteur on minority issues presented her annual

thematic report (A/HRC/31/56), which dealt with minorities and discrimination based on

caste and analogous systems of inherited status, to the Human Rights Council at its thirty-

first session.

32. The Special Rapporteur identified a number of areas of particular concern in relation

to caste and analogous systems: the right to life and physical integrity, access to justice and

policing, the right to political participation, freedom of religion or belief, the right to work,

intersectionality between caste and contemporary forms of slavery, the right to housing and

the right to water and sanitation, the right to health, the right to education and humanitarian

assistance. In particular, she highlighted the situation of caste-affected women and girls, as

caste is a factor that leads to multiple and intersecting forms of discrimination, and women

and girls from low castes are particularly vulnerable to violation and denial of their rights.

The Special Rapporteur also recommended initiatives and good practices to address caste-

based discrimination. They included the focus by the United Nations system, including

human rights treaty bodies and special procedures, on caste-based and similar forms of

discrimination; the adoption of national legislation and special measures to enable States to

take steps to protect caste-affected communities; and civil society efforts to advance the

cause of caste-affected communities through advocacy, networking and specific

programmes and campaigns.

33. In a statement delivered on 8 March and 2 August 2016, the Special Rapporteur on

minority issues and the Special Adviser of the Secretary-General on the Prevention of

Genocide called for stronger measures to address the stigmatization, hatred, fear and

dehumanization of Roma around the world.

34. On 8 March, the Special Rapporteur on minority issues also delivered a statement in

relation to her official visit to Iraq from 27 February to 7 March 2016. In that statement, she

noted that ethnic and religious minorities had been disproportionately affected by the

violence and atrocities committed by ISIL.

35. On 15 April, with regard to Roma in Kosovo,1 the Special Rapporteur on minority

issues and the Special Rapporteur on the human rights of internally displaced persons called

on the United Nations to implement the relevant opinion issued by the Human Rights

Advisory Panel.

36. On 30 June, the Special Rapporteur on minority issues delivered a statement on her

official visit to the Republic of Moldova from 20 to 29 June 2016. In that statement, she

noted that minorities needed to participate more fully in the design, implementation and

monitoring of policies and legislation affecting their rights and that the Government needed

to increase its support for minority languages.

37. In June, the Special Rapporteur on the human rights of internally displaced persons

presented his annual thematic report (A/HRC/32/35) to the Human Rights Council at its

thirty-second session, held from 13 June to 1 July and on 8 July. In his report, the Special

Rapporteur noted that ethnic, religious and other minorities were often overrepresented in

internally displaced person populations and that their unique challenges and situations must

be recognized.

38. In the same month, the Special Rapporteur on the rights to freedom of peaceful

assembly and of association presented his annual thematic report (A/HRC/32/36) to the

Human Rights Council at its thirty-second session. In his report, the Special Rapporteur

noted that States had a positive duty to protect the rights of religious minorities to peaceful

assembly and association, as well as to protect them from attacks by non-State actors and

ensure accountability when such attacks occur. He also expressed concern about restrictions

on the right of minorities to practise their religions, use their languages and learn about

their cultures and history.

39. The Special Rapporteur on trafficking in persons, especially women and children,

presented her report (A/HRC/32/41) on the linkage between trafficking in persons and

conflict to the Human Rights Council at its thirty-second session. In the report, she

highlighted how sexual violence in conflict zones contributed to the forced internal

displacement of ethnic minority women and girls and noted that such displacement exposed

ethnic minority women and girls to a greater risk of trafficking. She emphasized that

minorities in conflict-affected areas must be protected from trafficking and that further

research on that issue and on the link between trafficking and xenophobia was required.

40. The Special Rapporteur on violence against women, its causes and consequences,

presented her report (A/HRC/32/42/Add.3) on her mission to Georgia to the Human Rights

1 All references to Kosovo in the present document should be understood to be in compliance with

Security Council resolution 1244 (1999).

Council at its thirty-second session. She noted that child and/or forced marriages and

selective abortions — if the unborn child is a girl — were more common among ethnic

minority populations and that women belonging to minority groups were more vulnerable

to violence. Language barriers, in particular the lack of interpretation services, could also

prevent these women from reporting cases of violence. She recommended that support

services for victims of violence be made available in all ethnic minority languages.

41. The Special Rapporteur on contemporary forms of racism, racial discrimination,

xenophobia and related intolerance presented his report (A/HRC/32/50) on the phenomenon

of xenophobia to the Human Rights Council at its thirty-second session. In the report, the

Special Rapporteur outlined key elements that must be considered to combat xenophobia,

including forms of xenophobia targeting minorities. He argued that responses to

xenophobia and discrimination must be conscious of the risk of facilitating further abuse or

heightening existing vulnerability. In this respect, the Special Rapporteur gave examples of

legislation that was designed to combat hate speech but that was instead used against the

ethnic and religious minorities it had been intended to protect. He recommended the

implementation of international standards at the national level to strengthen the rule of law,

particularly those that recognize and protect the rights of minorities.

42. In September, the Special Rapporteur on contemporary forms of slavery, including

its causes and consequences, presented her report (A/HRC/33/46) to the Human Rights

Council at its thirty-third session. In that report, she focused specifically on the issue of

debt bondage as a key form of contemporary slavery. She emphasized that debt bondage

was a worldwide phenomenon, which disproportionately affected vulnerable people such as

minorities, and that limited access to education as a result of discrimination against children

belonging to minority groups increased their vulnerability to exploitation and therefore debt

bondage.

2. Country rapporteurs

43. In March 2016, the Special Rapporteur on the situation of human rights in the

Islamic Republic of Iran presented his report (A/HRC/31/69) to the Human Rights Council

at its thirty-first session. In the report, he expressed serious concern about the situation of

adherents to the Baha’i faith and about the treatment of Iranian Christians of Muslim

background and other religious minorities.

44. In the same month, the Special Rapporteur on the situation of human rights in

Myanmar presented her report (A/HRC/31/71) to the Human Rights Council at its thirty-

first session. In her report, she called upon the new Government to end the policies and

practices that led to discrimination against the Rohingya and other Muslim communities in

Rakhine State and to ensure that the right to health was upheld for the entire population in

Rakhine. The Special Rapporteur also highlighted that most Rohingya and other non-citizen

minorities did not have identity documents and that members of civil society and human

rights defenders who advocated for the rights of minority groups were often harassed and

threatened.

45. In September, the Special Rapporteur on the situation of human rights in Cambodia

presented her report (A/HRC/33/62) to the Human Rights Council at its thirty-third session.

In that report, the Special Rapporteur noted that three cases were ongoing at the

Extraordinary Chambers in the Courts, including the hearing of case No. 002/02 on charges

that included the genocide of Cham and Vietnamese minorities. She also highlighted the

multilingual education plan of action launched by the Government in 2016, which sought to

build on earlier programmes of bilingual education for ethnic minority children. The

Special Rapporteur noted that this plan of action should be encouraged and supported with

adequate funding.

B. Forum on Minority Issues

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

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

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

and linguistic minorities.

47. The Forum’s ninth session, on the topic of minorities in situations of humanitarian

crisis, was held on 24 and 25 November 2016. Forum participants reflected on the specific

needs of minorities and the disproportionate impact they dealt with during humanitarian

crises such as conflict, disaster and pandemics. Participants also examined the challenges

faced by minorities seeking to return to a situation of normality after a crisis had ended. The

participants finalized a set of draft recommendations on minorities in situations of

humanitarian crisis to be adopted by the Human Rights Council in March 2017.

48. The Forum on Minority Issues is an essential component in the efforts deployed by

the United Nations to promote implementation of the Declaration on the Rights of Persons

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

recommendations made during each session are shaped from the diverse experiences of

minorities, Governments and others. They are based on international human rights norms

and offer action-oriented solutions of practical value to all stakeholders and that can be

applied to a variety of national or minority-specific contexts.

C. Universal periodic review

49. The Human Rights Council adopted the reports of the Working Group on the

Universal Periodic Review on numerous States at its thirty-first, thirty-second and thirty-

third sessions.

50. In the above-mentioned reports, several States made recommendations relating to

the following: (a) adopting measures to combat racism, discrimination, xenophobia and

other forms of intolerance against minorities; (b) adopting specific strategies to ensure the

rights of minorities to quality education, health, water, sanitation, land and other social and

public services; (c) adopting legislative and public policy measures to ensure the protection

and promotion of the civil, political, economic, social and cultural rights of minorities; (d)

assisting and protecting minorities displaced due to natural disasters or conflict; and (e)

taking necessary measures to tackle hate speech, violence and incitement to hatred against

minorities and ensuring that these acts are appropriately investigated and sanctioned.

51. Other recommendations were made on: (a) promoting diverse cultural identities,

tolerance, intercultural understanding and the practice of multiculturalism; (b) ensuring that

minorities are not denied their right to full and equal citizenship; (c) conducting awareness-

raising campaigns and activities on the rights of minorities; (d) implementing measures to

register the birth of children belonging to minority groups; (e) ensuring the preservation and

use of minority languages, including in education, textbooks, mass media and the press, and

the right to use minority languages in court proceedings in order to secure due process; (f)

implementing strategies to allow for the meaningful participation of representatives from

minority communities in political decision-making processes at the local, regional and

national levels; and (g) ensuring religious and cultural freedom in relation to ethnic and

religious minorities.

V. Human rights treaty bodies

52. The United Nations treaty bodies prepared a joint submission for the 2016 meeting

of the high-level political forum on sustainable development held from 10 to 19 July in

New York. The paper focused on the role of the human rights treaty bodies in supporting

the 2030 Agenda for Sustainable Development. International human rights treaties are

particularly relevant to the principle of “ensuring that no one is left behind”, as they focus

on the rights of persons who are often left behind, including national, ethnic and racial

minorities. In addition, treaty bodies have noted that inequalities are increasingly stark and

can take many forms, including gender inequality, inequality on the basis of age, racial

inequality, inequality between minority and majority groups and income and wealth

inequality, to name but a few.

A. Committee on the Rights of the Child

53. The concluding observations on the reports of Brunei Darussalam

(CRC/C/BRN/CO/2-3), France (CRC/C/FRA/CO/5), Iran (Islamic Republic of)

(CRC/C/IRN/CO/3-4), Ireland (CRC/C/IRL/CO/3-4) and Peru (CRC/C/PER/CO/4-5),

adopted by the Committee on the Rights of the Child at its seventy-first session, addressed

issues affecting minorities.

54. The Committee recommended that Brunei Darussalam guarantee the right to

freedom of religion for children and combat religious intolerance.

55. With regard to France, the Committee expressed concern over the persistence of

racial discrimination, stigmatization and forced eviction of Roma children and

recommended that the State party increase its budget allocation to Roma children.

56. In the case of the Islamic Republic of Iran, the Committee recommended that the

State party put an end to discrimination, persecution, imprisonment and ill-treatment of

religious, ethnic and linguistic minorities, in particular members of the Baha’i faith.

57. Ireland was called upon to ensure that children can opt out of religious classes and

have access to appropriate alternatives to these classes. The State party was also urged to

take measures to address the structural discrimination against Roma children.

58. In the case of Peru, the Committee recommended that the State party ensure that

children have access to information in minority languages.

59. The concluding observations on the reports of Bulgaria (CRC/C/BGR/CO/3-5) and

Nepal (CRC/C/NPL/CO/3-5), adopted by the Committee at its seventy-second session,

dealt with minority issues.

60. Bulgaria was urged to address negative attitudes, prevent hate speech towards Roma

and facilitate the access of Roma children to social protection measures and social

integration programmes.

61. The Committee recommended that Nepal ensure that children belonging to minority

groups are able to access water supplies, education and health-care and social services.

62. The concluding observations on the reports of Saudi Arabia (CRC/C/SAU/CO/3-4)

and Suriname (CRC/C/SUR/CO/3-4), adopted by the Committee at its seventy-third

session, addressed minority issues.

63. With regard to Saudi Arabia, the Committee expressed concern over children

belonging to Shia families and other religious minorities who remain subject to persistent

discrimination in the State party.

64. Suriname was invited to take measures to encourage the practice of exclusive

breastfeeding for the first six months, with a particular focus on minority communities.

B. Committee on the Elimination of Discrimination against Women

65. The concluding observations on the reports of Czechia (CEDAW/C/CZE/CO/6),

Japan (CEDAW/C/JPN/CO/7-8) and Sweden (CEDAW/C/SWE/CO/8-9), adopted by the

Committee on the Elimination of Discrimination against Women at its sixty-third session,

addressed issues affecting minorities.

66. The Committee called upon Czechia to adopt measures to prevent trafficking in

Roma women. It also made several recommendations about Roma women and girls, in

connection with politics and public administration, poverty, disaggregated data and

education.

67. The Committee recommended that Japan eliminate discrimination against ethnic

minority women and adopt measures to prohibit and sanction sexist speech and propaganda

advocating racial superiority, hatred and attacks against women belonging to minority

groups.

68. With regard to Sweden, the Committee expressed concern that women belonging to

minority groups continue to face widespread discrimination in a myriad of areas.

69. The concluding observations on the reports of Albania (CEDAW/C/ALB/CO/4),

France (CEDAW/C/FRA/CO/7-8), Myanmar (CEDAW/C/MMR/CO/4-5) and Turkey

(CEDAW/C/TUR/CO/7), adopted by the Committee at its sixty-fourth session, dealt with

the rights of minorities.

70. The Committee recommended that Albania reduce school dropout rates among

Roma girls, provide access to education for all children belonging to minority groups and

ensure equal access to the formal labour market for women belonging to linguistic and

ethnic minorities.

71. France was encouraged to combat all forms of discrimination against minority

women, including by improving employment opportunities and access to education.

72. The Committee made a number of recommendations to Myanmar about ethnic

minority women, such as the Rohingya.

73. Turkey was called upon to ensure that Kurdish women and other minority women

have access to sexual and reproductive health services.

C. Human Rights Committee

74. The concluding observations on the reports of Slovenia (CCPR/C/SVN/CO/3) and

Sweden (CCPR/C/SWE/CO/7), adopted by the Human Rights Committee at its 116th

session, addressed minority issues.

75. The Committee expressed concern about the use of racist and xenophobic rhetoric

by Slovene political figures and recommended that Slovenia strengthen its efforts to

prevent and eradicate all forms of racism and xenophobia.

76. Sweden was asked to redouble its efforts to combat racist and xenophobic violence,

hate speech and attacks against religious minorities, as well as negative stereotyping of

ethnic and religious minorities.

D. Committee on the Rights of Persons with Disabilities

77. The concluding observations on the reports of Slovakia (CRPD/C/SVK/CO/1) and

Thailand (CRPD/C/THA/CO/1), adopted by the Committee on the Rights of Persons with

Disabilities at its fifteenth session, covered issues affecting minorities.

78. In the case of Slovakia, the Committee recommended that the State party promote

the rights of Roma with disabilities and ensure their full participation in the development

and implementation of disability-relevant legislation and policies.

79. With regard to Thailand, the Committee expressed concern about persons with

disabilities living in situations of poverty, particularly those belonging to ethnic minority

groups, and recommended that the State party adopt a strategy for guaranteeing their full

protection against discrimination.

E. Committee on the Elimination of Racial Discrimination

80. The concluding observations on the reports of Azerbaijan (CERD/C/AZE/CO/7-9),

Georgia (CERD/C/GEO/CO/6-8), Namibia (CERD/C/NAM/CO/13-15) and Spain

(CERD/C/ESP/CO/21-23), adopted by the Committee on the Elimination of Racial

Discrimination at its eighty-ninth session, addressed the rights of minorities.

81. Azerbaijan was called upon to accelerate the adoption of a law on minorities to

guarantee their rights and freedoms and collect disaggregated data on the situation of ethnic

minorities in relation to inequality and discrimination.

82. With regard to Georgia, the Committee expressed concern about physical attacks

against ethnic and religious minorities and the lack of disaggregated data.

83. The Committee recommended that Namibia strengthen its education outreach

programmes for ethnic minorities.

84. Spain was called upon to take steps to combat negative stereotypes, incitement to

hatred and racial discrimination of minority groups in the media.

85. The concluding observations on the reports of Greece (CERD/C/GRC/CO/20-22),

Pakistan (CERD/C/PAK/CO/21-23), Sri Lanka (CERD/C/LKA/CO/10-17) and Ukraine

(CERD/C/UKR/CO/22-23), adopted by the Committee at its ninetieth session, touched on

issues affecting minorities.

86. Greece was advised to collect disaggregated data on religious minorities and

consider recognizing groups that may qualify as ethnic or religious minorities.

87. It was recommended to Pakistan that it end violence against minority groups,

combat the segregation of members of these communities, broaden its definition of

minorities and collect disaggregated data on minority groups.

88. Sri Lanka was called upon to ensure that the places of worship of ethnic religious

minorities were safe, protect the rights of such minorities without discrimination and

address underlying tensions and discriminatory attitudes.

89. The Committee recommended that Ukraine combat discriminatory acts, find

solutions for internally displaced persons and implement national strategies on the situation

of Roma.

F. Committee on Economic, Social and Cultural Rights

90. The concluding observations on the reports of Angola (E/C.12/AGO/CO/4-5),

France (E/C.12/FRA/CO/4), Sweden (E/C.12/SWE/CO/6), the former Yugoslav Republic

of Macedonia (E/C.12/MKD/CO/2-4) and the United Kingdom of Great Britain and

Northern Ireland (E/C.12/GBR/CO/6), adopted by the Committee on Economic, Social and

Cultural Rights at its fifty-eighth session, addressed minority issues.

91. The Committee recommended that Angola implement measures to promote and

preserve minority languages.

92. In the case of France, the Committee recommended that the State party officially

recognize the need to protect the cultural rights of minority groups, collect disaggregated

data on ethnic minorities and recognize and promote the rights of peoples belonging to

linguistic minorities.

93. The Committee recommended that Sweden continue public awareness-raising

campaigns on violence against women belonging to ethnic minorities and that it ensure that

children belonging to minority groups can develop skills in their mother tongue through

bilingual education.

94. The former Yugoslav Republic of Macedonia was called upon to intensify its efforts

to eradicate structural discrimination against Roma and improve their socioeconomic status.

95. With regard to the United Kingdom, the Committee expressed concern that

minorities are still affected by unemployment, poverty and educational inequalities. The

Committee recommended that the State party ensure that undocumented Roma have access

to health-care services and culturally appropriate accommodation provided without

discrimination.

96. The concluding observations on the reports of Cyprus (E/C.12/CYP/CO/6), Lebanon

(E/C.12/LBN/CO/2) and Poland (E/C.12/POL/CO/6), adopted by the Committee at its fifty-

ninth session, dealt with the rights of minorities.

97. With regard to Cyprus, the Committee expressed concerned about the persistent

discrimination against members of ethnic minorities, in particular Roma.

98. In the case of Lebanon, the Committee recommended that the State party ensure that

its legal framework on the rights of ethnic minorities complies with international standards.

It also recommended that the State party protect and promote the cultural rights of all ethnic

minorities, including the Dom and Bedouins, without discrimination.

99. Poland was encouraged to intensify its efforts to preserve the cultural heritage and

cultural identity of national and ethnic minorities.

VI. Conclusions

100. The year 2016 was marked by an increase in reported incidents of

discrimination, bigotry and xenophobia in many countries, sometimes leading to

violent extremism, and the commission of international crimes by State and non-State

actors. Violent extremism is challenging shared values of peace, justice and human

dignity and making it harder to protect minorities from killings and atrocities,

particularly in some parts of the world.

101. At the same time, discrimination and the exclusion of minorities must not be

allowed to undermine development opportunities and progress. Efforts to tackle

development challenges, reduce poverty and implement the 2030 Agenda for

Sustainable Development must benefit all people, including minorities, without

discrimination. As the 2030 Agenda advances, it is vital for OHCHR to continue

influencing action by both United Nations partners and States with regard to the

rights of national, ethnic, religious and linguistic minorities so as to ensure that no one

is left behind and that minorities, whose voices are frequently excluded from policy

dialogue on minority issues, participate fully and effectively in public life.

102. OHCHR continues to provide support to States, national human rights

institutions and civil society, including by helping strengthen the capacity at the

national level to tackle the exclusion and lack of participation of minorities. The

Minorities Fellowship Programme is as a prime example in this regard, as it serves as

an important catalyst for strengthening the capacity of minorities to engage in key

processes. However, it is vital for these steps to be taken in concert. States must do

more, including by moving towards a major and comprehensive effort to address the

entrenched discrimination against minorities, especially those who have suffered as a

result of impunity for serious violations of their rights. Minority issues are complex

and must be addressed through contextualized measures. Practices that work at the

national level tend also to involve legislative and policy measures that take into

consideration the circumstances on the ground and encourage inter-ethnic and

interreligious interaction and dialogue, while protecting distinct identities.

103. Overall, efforts to improve protection and prevent tension must involve society

at large — majorities and minorities and the dominant and non-dominant sectors of

society — while ensuring the participation of minority women.