RES/31/13 Rights of persons belonging to national or ethnic, religious and linguistic minorities

Human Rights Council Thirty-first session

Agenda item 3

Resolution adopted by the Human Rights Council on 23 March 2016

31/13. Rights of persons belonging to national or ethnic, religious

and linguistic minorities

The Human Rights Council,

Guided by the principles and purpose of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, 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 and other relevant existing international standards and national legislation,

Recalling all previous 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, including Assembly

resolution 70/166 of 17 December 2015, Commission resolution 2005/79 of 21 April 2005,

and Council resolutions 7/6 of 27 March 2008, 16/6 of 24 March 2011, 22/4 of 21 March

2013 and 25/5 of 27 March 2014, on the mandate of the Special Rapporteur on minority

issues,

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,

Welcoming the adoption of the 2030 Agenda for Sustainable Development,1 of

which the Addis Ababa Action Agenda of the Third International Conference on Financing

for Development is an integral part, recalling that the Goals and targets contained in the

2030 Agenda are aimed at realizing the human rights of all, and stressing the need for

Member States to integrate the 2030 Agenda into their respective national policies and

1 General Assembly resolution 70/1.

United Nations A/HRC/RES/31/13

development frameworks, as appropriate, to promote the effective implementation of,

follow-up to and review of the 2030 Agenda, in order to ensure that no one is left behind,

Recalling the United Nations Standard Minimum Rules for the Treatment of

Prisoners (the Nelson Mandela Rules), the United Nations Rules for the Treatment of

Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules),

the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice

Systems, the United Nations Standard Minimum Rules for Non-custodial Measures (the

Tokyo Rules) and the United Nations Standard Minimum Rules for the Administration of

Juvenile Justice (the Beijing Rules),

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, and to

end any type of discrimination against them,

Emphasizing also the importance of recognizing and addressing multiple,

aggravated and intersecting forms of discrimination against persons belonging to national

or ethnic, religious and linguistic minorities and the compounded negative impact on the

enjoyment of their rights,

Emphasizing further the fundamental importance of human rights education, training

and learning, and of dialogue, including intercultural and interfaith dialogue, and

interaction among all relevant stakeholders and members of society 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 mutual understanding of minority

issues, managing diversity by recognizing plural identities and promoting inclusive and

stable societies, and social cohesion therein,

Noting that 2016 marks the fiftieth anniversary of the adoption of the International

Covenant on Civil and Political Rights and the International Covenant on Economic, Social

and Cultural Rights, affirming that the above-mentioned anniversary offers an important

opportunity to reflect upon and reinforce obligations and the commitment of States to

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

linguistic minorities, and noting the opportunity it represents to take stock of achievements,

best practices and challenges with regard to the implementation of the Declaration on the

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

reaffirming the principles and commitments therein,

1. Takes note of the report of the Special Rapporteur on minority issues

submitted to the Human Rights Council at its thirty-first session,2 the report on the

recommendations of the Forum on Minority Issues at its eighth session3 and the report of

the Special Rapporteur on minority issues to the General Assembly at its seventieth

session,4 with its special focus on minorities and the criminal justice process;

2. Notes the completion, in November 2015, of the eighth session of the Forum

on Minority Issues, addressing the rights of persons belonging to minorities in the criminal

justice system, which, through the widespread participation of stakeholders, provided an

important platform for promoting dialogue on this topic, and encourages States to take into

consideration the relevant recommendations of the Forum;

2 A/HRC/31/56.

3 A/HRC/31/72.

4 A/70/212.

3. 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 minorities;5

4. Commends the Special Rapporteur on minority issues for the work

undertaken in accordance with Human Rights Council resolution 25/5 and 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;

5. Calls upon 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 on the Rights of Persons Belonging to National or

Ethnic, Religious and Linguistic Minorities and in other international human rights

obligations and commitments, and recommends that all measures taken with a view to

implementing the Declaration be, 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, while bearing in mind the theme of the eighth session of the

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

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

ethnic, religious and linguistic minorities, including at all stages of the criminal justice

process, to take appropriate measures by, inter alia:

(a) Reviewing any legislation, policy or practice that has a discriminatory or

disproportionately negative effect on persons belonging to national or ethnic, religious and

linguistic minorities, with a view to considering its amendment;

(b) Ensuring that all individuals within their jurisdiction enjoy their human rights

throughout the criminal justice system in accordance with international human rights law,

including the right to a fair trial, the right to legal assistance, the presumption of innocence

and the prohibition of torture and other cruel, inhuman or degrading treatment or

punishment;

(c) Promoting a composition of law enforcement bodies at the local, regional and

national levels that reflects the diversity of the population, including by, as appropriate,

fostering the recruitment, promotion and retention of persons belonging to national or

ethnic, religious and linguistic minorities, male and female, by the police, the judiciary,

prosecution services and prison personnel;

(d) Developing awareness-raising and training initiatives, including for public

officials, judges, prosecutors and law enforcement officials, on the rights of persons

belonging to minorities and impartial and non-discriminatory application of the law;

(e) Promoting access to mechanisms with the mandate and technical capacity to

receive and consider complaints of discrimination, inter alia, against persons belonging to

national or ethnic, religious and linguistic minorities in the criminal justice system;

(f) Removing obstacles that prevent persons belonging to national or ethnic,

religious and linguistic minorities, including the most vulnerable within the community,

such as women, children, persons with disabilities, older persons, those living in conditions

5 A/HRC/31/27.

of extreme poverty and minorities affected by conflict and/or displacement, from reporting

a violation of their rights or having access to formal justice;

(g) Taking adequate measures to address the overrepresentation of persons

belonging to national or ethnic, religious and linguistic minorities in pretrial detention or

prison;

(h) Working towards detention or imprisonment conditions that take into

consideration the needs of prisoners belonging to national or ethnic, religious and linguistic

minorities;

7. Invites national human rights institutions, civil society organizations and

other relevant stakeholders to engage regularly with Governments to contribute to the

eradication of discriminatory practices by law enforcement agencies and/or the judiciary;

8. Invites international and regional organizations to continue to give attention

to the situations 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 on minority issues;

9. Welcomes the inter-agency cooperation among United Nations agencies,

funds and programmes on minority issues, led by the Office of the United Nations High

Commissioner for Human Rights, and urges them to increase further their coordination and

cooperation by, inter alia, developing policies on the promotion and protection of the rights

of persons belonging to minorities, drawing also on relevant outcomes of the Forum and

taking into account the work of relevant regional organizations;

10. Takes note in particular, in this regard, of the initiatives and activities of the

United Nations network on racial discrimination and 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 continue to cooperate with the Special Rapporteur 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;

11. Requests the High Commissioner to continue to present an annual report to

the Human Rights Council containing information on relevant developments of United

Nations human rights bodies and mechanisms, and 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 on the Rights of Persons

Belonging to National or Ethnic, Religious and Linguistic Minorities;

12. 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 Special Rapporteur on minority issues 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;

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

programme of work.

63rd meeting

23 March 2016

[Adopted without a vote.]