RES/22/4 Rights of persons belonging to national or ethnic, religious and linguistic minorities

GE.13-12805

Human Rights Council Twenty-second session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

22/4.

Rights of persons belonging to national or ethnic, religious and

linguistic minorities

The Human Rights Council,

Recalling the International Covenant on Civil and Political Rights, the International

Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the

Child, the International Convention on the Elimination of All Forms of Racial

Discrimination and the Declaration on the Rights of Persons Belonging to National or

Ethnic, Religious and Linguistic Minorities adopted by consensus by the General Assembly

by its resolution 47/135 of 18 December 1992,

Taking into consideration article 27 of the International Covenant on Civil and

Political Rights, as well as other relevant existing international standards and national

legislation,

Recalling all resolutions adopted by the General Assembly, the Commission on

Human Rights and the Human Rights Council on the rights of persons belonging to national

or ethnic, religious and linguistic minorities,

Recalling also the paragraphs in the Vienna Declaration and Programme of Action

and the Durban Declaration and Programme of Action relating to the rights of persons

belonging to national or ethnic, religious and linguistic minorities,

Emphasizing the need for reinforced efforts to meet the goal of the full realization of

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

including by addressing their economic and social conditions and marginalization, as well

as to end any type of discrimination against them,

 The resolutions and decisions adopted by the Human Rights Council will be contained in the report of the Council on its twenty-second session (A/HRC/22/2), chap.I.

Emphasizing also the importance of dialogue among all relevant stakeholders on the

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

and linguistic minorities as an integral part of the development of society as a whole,

including the sharing of best practices, such as for the promotion of a mutual understanding

of minority issues, managing diversity by recognizing plural identities, and promoting

inclusive and stable societies, as well as social cohesion therein,

Emphasizing further the importance of national processes aimed at promoting and

strengthening dialogue between all relevant stakeholders on issues relating to the rights of

persons belonging to national or ethnic, religious and linguistic minorities with a view to

ensuring the realization of their rights without discrimination and to help build stable

societies,

Acknowledging that the United Nations has an important role to play with regard to

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

linguistic minorities by, inter alia, taking due account of, and giving effect to, the

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

Linguistic Minorities,

Noting that 2012 marked the twentieth anniversary of the adoption of the

Declaration,

Affirming that the above-mentioned anniversary offered an important opportunity to

reflect on the promotion and protection of the rights of persons belonging to national or

ethnic, religious and linguistic minorities, as well as on achievements, best practices and

challenges with regard to the implementation of the Declaration, and reaffirming the

principles and commitments therein,

Recognizing, in this context, the important role played by the Independent Expert on

minority issues in promoting the implementation of the Declaration,

1. Takes note of the report of the Independent Expert on minority issues on

persons belonging to linguistic minorities,1 and of the report on the recommendations of the

Forum on Minority Issues at its fifth session,2 as well as of the report of the Special

Rapporteur on freedom of religion or belief on persons belonging to religious minorities;3

2. Also takes note of the report of the United Nations High Commissioner for

Human Rights on the rights of persons belonging to national or ethnic, religious and

linguistic minorities4 and of the summary of the panel discussion to commemorate the

twentieth anniversary of the adoption of the Declaration on the Rights of Persons Belonging

to National or Ethnic, Religious and Linguistic Minorities;A/HRC/20/6.

3. Urges States to undertake initiatives to ensure that persons belonging to

national or ethnic, religious and linguistic minorities are aware of and able to exercise their

rights as set out in the Declaration and in other international human rights obligations and

commitments;

4. Also urges States to develop appropriate mechanisms for effective

participation of and consultation with persons belonging to minorities in order to take into

account their views in decision-making processes affecting them, with a view to promoting

1 A/HRC/22/49.

2 A/HRC/22/60.

3 A/HRC/22/51.

4 A/HRC/22/27.

greater participation in the political processes of the country and providing inclusive,

informed and sustainable policymaking and implementation;

5. Recommends that States ensure that all measures taken with a view to

implementing the Declaration are, to the fullest extent possible, developed, designed,

implemented and reviewed with the full, effective and equal participation of persons

belonging to national or ethnic, religious and linguistic minorities;

6. Urges States to strive to ensure the protection of persons belonging to

national or ethnic, religious and linguistic minorities who may be at a greater risk of

violence and to develop, where appropriate, protection programmes;

7. Takes note of the successful completion, in November 2012, of the fifth

session of the Forum on Minority Issues, which addressed the implementation of the

Declaration and which, through the widespread participation of stakeholders, provided an

important platform for promoting dialogue on this topic and, as part of its outcome,

identified in its recommendations achievements, best practices and challenges for the

further implementation of the Declaration, and encourages States to take into consideration

relevant recommendations of the Forum;

8. Commends the Independent Expert on minority issues for the work

undertaken to date, for the important role that she has played in raising the level of

awareness of and in giving added visibility to the rights of persons belonging to national or

ethnic, religious and linguistic minorities, and for her guiding role in the preparation and

work of the Forum on Minority Issues, which contributes to efforts to improve cooperation

among all United Nations mechanisms relating to the rights of persons belonging to

minorities;

9. Welcomes the panel discussion held by the Human Rights Council at its

nineteenth session to commemorate the twentieth anniversary of the adoption of the

Declaration, and takes note with appreciation of other multilateral, regional and subregional

initiatives aimed at celebrating the anniversary;

10. Calls upon States, while bearing in mind the themes of the first five sessions

of the Forum on Minority Issues, and with a view to enhance the implementation of the

Declaration and to ensure the realization of the rights of persons belonging to national or

ethnic, religious and linguistic minorities, to take appropriate measures by, inter alia:

(a) Developing and implementing inclusive education policies that ensure equal

access to education for persons belonging to national or ethnic, religious and linguistic

minorities;

(b) Improving the representation and effective participation of persons belonging

to national or ethnic, religious and linguistic minorities in all levels of political and public

life;

(c) Ensuring the full and effective participation of persons belonging to national

or ethnic, religious and linguistic minorities in economic life, including by promoting equal

access to new information and communications technologies;

(d) Recognizing the importance of adopting measures, policies and programmes

to address discrimination against and the exclusion of women and girls belonging to

national or ethnic, religious and linguistic minorities;

11. Encourages States to ensure that due regard is given to the situation of

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

national economic difficulties or other grave challenges, and to avoid adopting measures,

including austerity measures, that disproportionately negatively affect them;

12. Welcomes the inter-agency cooperation of United Nations agencies, funds

and programmes on minority issues, led by the Office of the High Commissioner, and urges

them to increase further their cooperation by, inter alia, developing policies on the

promotion and protection of rights of persons belonging to minorities, drawing also on

relevant outcomes of the meetings of the Forum;

13. Takes note in particular in this regard of the establishment of the United

Nations network on racial discrimination and the protection of minorities, coordinated by

the Office of the High Commissioner and aimed at enhancing dialogue and cooperation

between relevant United Nations agencies, funds and programmes, and invites the network

to cooperate with the Independent Expert on minority issues and the Special Rapporteur on

contemporary forms of racism, racial discrimination, xenophobia and related intolerance

and to consult and engage with persons belonging to national or ethnic, religious and

linguistic minorities and civil society actors;

14. Invites the human rights treaty bodies and special procedures of the Human

Rights Council to continue to give attention, within their respective mandates, to the

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

minorities and, in this regard, to take into consideration relevant recommendations of the

Forum;

15. Reaffirms that the universal periodic review, as well as the United Nations

human rights treaty bodies, constitute important mechanisms for the promotion and

protection of human rights and fundamental freedoms and, in that regard, calls upon States

to effectively follow up on accepted universal periodic review recommendations relating to

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

further encourages States parties to give serious consideration to the follow-up to treaty

body recommendations on the matter;

16. Encourages regional intergovernmental bodies to promote greater attention to

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

within their respective regions, including by actively raising awareness of and promoting

the Declaration in their work, as well as by encouraging its implementation at the national

level;

17. Encourages national human rights institutions to pay due attention to the

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

alia, considering establishing, for instance, a department, section or focal point within their

secretariats to address those rights;

18. Encourages civil society organizations, including non-governmental

organizations, to promote awareness of the Declaration and to review the extent to which

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

minorities and the Declaration into their work, as well as to inform persons belonging to

national or ethnic, religious and linguistic minorities about their rights;

19. Requests the High Commissioner to present an annual report to the Human

Rights Council containing information on relevant developments of United Nations human

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

High Commissioner at Headquarters and in the field that contribute to the promotion of and

respect for the provisions of the Declaration;

20. Requests the Secretary-General and the High Commissioner to continue to

provide all the human, technical and financial assistance necessary for the effective

fulfilment of the mandate of the Independent Expert and for the activities of the Office of

the High Commissioner in the area of rights of persons belonging to national or ethnic,

religious and linguistic minorities;

21. Decides to continue its consideration of this issue in accordance with its

annual programme of work.

47th meeting

21 March 2013

[Adopted without a vote.]