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Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 38
- Paragraph text
- OHCHR and mechanisms and mandates of the Council have consistently emphasized that human rights must be at the heart of development processes and that human rights-based approaches to development, based on the normative framework of human rights law, strengthen development strategies. This message is increasingly being taken up by other stakeholders, including Member States that acknowledge the relationship between human rights and development. It must not be forgotten that human rights include minority rights, as established in article 27 of the International Covenant on Civil and Political Rights and the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 43
- Paragraph text
- The United Nations system has increased its attention to minority issues. In 2012, the Secretary-General established the United Nations network on racial discrimination and the protection of minorities in Policy Committee decision No. 2012/4 of 6 March 2012. It aims to enhance dialogue and cooperation across the United Nations system. In the guidance note of the Secretary-General on racial discrimination and protection of minorities based on the network's work, it is stated that: "efforts to improve sustainable human development and promote inclusion and stability are complemented and strengthened with better attention to the situation of minorities … participation of persons belonging to minorities is essential in the process of developing the post 2015 development agenda, with a view to ensuring that the resulting agenda advances non-discrimination and other human rights concerns of minorities."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 44
- Paragraph text
- United Nations Country teams supported 88 countries to convene national consultations on the post 2015 development agenda and hold forums to exchange ideas for a shared vision of "The World We Want", in an open process tailored to country contexts. The national consultations made deliberate efforts to engage groups that generally do not participate in policy discussions. This global conversation responds to a growing call for active participation in the process and calls for the voices and issues of disadvantaged groups, including minorities, to be taken into account at every stage. Submissions to the Global Consultation on Addressing Inequalities were revealing and emphasized the extent to which globally ethnic and linguistic minorities face structural exclusion that limits integration into society.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 73
- Paragraph text
- The Independent Expert provided a submission to the Global Consultation on Governance and the Post-2015 Framework held in South Africa in February 2013 in which she highlighted that minorities globally are poorly represented in all levels of government, decision-making bodies and public-sector employment. At the national level, political and administrative frameworks and public-sector structures with responsibilities for development are often staffed by and geared towards majority communities. Good and inclusive governance is essential to ensuring the rights of minorities. Inclusive governance, representative of minorities, ensures that their issues are not neglected and that policies and programmes are developed with their interests in mind. When minorities are excluded from decision-making and public bodies responsible for implementation of development initiatives, it is inevitable that strategies will neglect minorities or lack the specialist information about their situations and needs to ensure that projects are successful and sustainable.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 74
- Paragraph text
- The Independent Expert highlighted in her 2012 report to the General Assembly, the fact that efforts to ensure minority rights and equality frequently require States to implement positive measures and approaches, as required by the Declaration. Positive change for disadvantaged minorities can be facilitated by appropriate institutional attention given to minority rights and a policy and programme framework within which to address minority issues. Institutional attention for minority rights is the logical next step from legislation to concrete action for the protection and promotion of minority rights. A key recommendation is that States consider institutional attention for minority rights both as a good governance obligation, and as an essential component of their human rights, equality and non-discrimination commitments.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 91
- Paragraph text
- The Independent Expert urges States to establish independent monitoring bodies with civil society and public participation, including of minorities, to ensure that the next round of commitments made at the global level are fulfilled for minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 33
- Paragraph text
- Many States continue to lack domestic anti-discrimination and anti-hate speech laws and, even where they exist, implementation of the law is often poor and court cases are rare. States must not make quick or easy assumptions that minorities feel secure because of constitutions and laws that codify minority rights on paper. It is essential that States find ways to understand the feelings and concerns of minorities and that the required institutional attention to minority issues and consultative bodies and processes is in place.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 36
- Paragraph text
- During the Rwandan genocide in 1994, media played a major role in supporting and inciting ethnic hatred and violence against Tutsi and moderate Hutu populations. The newspaper Kangura spread hatred against Tutsis, publishing articles and graphic cartoons in which Tutsis were attacked. A wider audience was reached by radio stations, which were key in transmitting hate propaganda and incitement to violence. Radio Rwanda and Radio Télévision des Milles Collines (RTML) instigated, encouraged and directed massacres. Hate messages broadcast during the genocide referred to Tutsis as "cockroaches" and issued instructions to kill them. Nearly one million people were killed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 43
- Paragraph text
- The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities establishes that "States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity" and requires that States adopt appropriate legislative and other measures to achieve those ends (art. 1). The Declaration also emphasizes that persons belonging to minorities "have the right to enjoy their own culture, to profess and practise their own religion, and to use their language, in private and in public, freely and without interference or any form of discrimination" (art. 2.1). The commentary on the Declaration encourages States to adopt laws protecting against acts or incitement to acts which physically threaten the existence of groups or threaten their identity.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 50
- Paragraph text
- The European Court of Human Rights, in its recommendations and jurisprudence on the European Convention on Human Rights, has identified a number of forms of expression which are considered offensive and contrary to the Convention, including racism, xenophobia, anti-Semitism, aggressive nationalism and discrimination against minorities and immigrants. The Court makes a distinction between genuine and serious incitement to extremism and, on the other hand the right of individuals (including journalists and politicians) to express their views freely and to "offend, shock or disturb" others. Other relevant standards include the Council of Europe Convention on Cybercrime and its Additional Protocol and the Council Framework Decision 2008/913/JHA on combating certain forms and expression of racism and xenophobia by means of criminal law.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 59
- Paragraph text
- As underscored by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (A/66/290), it is necessary to differentiate between illegal expression, which States are required to prohibit under international law, and expression considered harmful, offensive, objectionable or undesirable, but which States are neither required to prohibit or criminalize. It is important to differentiate between three types of expression: (a) expression constituting an offence under international law that can be prosecuted criminally; (b) expression not criminally punishable but that may justify a restriction and a civil suit; (c) expression that does not give rise to criminal or civil sanctions but still raise concerns in terms of tolerance, civility and respect for others. Negative or stereotyped characterizations of minority groups may fall under any of those three categories.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 91
- Paragraph text
- Several self-regulatory media bodies have started to operate in Africa, some of them in countries with a history of hate speech and incitement to violence against minority groups. The Rwanda Media Commission was established in 2013 with the mandate to promote ethical journalism, defend media freedom and adjudicate complaints against the media; some commentators have alleged censorship and serious restrictions on media freedoms.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 93
- Paragraph text
- Participation of minorities in the media landscape encompasses the possibility for minority professionals to work in media outlets. Some media outlets have developed specific programmes and internships to recruit and train minority media workers in order to promote ethnic diversity in the newsrooms and press offices.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 112
- Paragraph text
- The Special Rapporteur encourages the establishment of national, independent regulatory bodies, including representatives of minorities, with powers to monitor hate speech in the media, receive reports from the public in relation to hate speech, receive and support complaints, and make recommendations.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 47
- Paragraph text
- The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities requires States to take measures to ensure "that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law" (art. 4 (1)).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 105
- Paragraph text
- The work of the former Sub-Commission on the Promotion and Protection of Human Rights has been of vital importance in the process of giving visibility to the issue of caste based discrimination. Following its resolution 2000/4, declaring that discrimination based on work and descent was a form of discrimination prohibited by international human rights law, the Sub-Commission appointed an expert to prepare a working paper on the topic to identify communities in which discrimination based on occupation and descent was ongoing, as well as to make concrete recommendations for the effective elimination of such discrimination. The outcome document (E/CN.4/Sub.2/2001/16) focused on countries in Asia only. Two Special Rapporteurs with the task of preparing a comprehensive study on discrimination based on work and descent were subsequently appointed, which led to the draft United Nations principles and guidelines for the effective elimination of discrimination based on work and descent, yet to be formally endorsed by the Human Rights Council.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 133
- Paragraph text
- Ad hoc supervisory bodies or specific departments in national human rights institutions should be established to address and monitor caste-based discrimination, where relevant. They should analyse existing domestic legislation, and recommend programmes and provide advice on public policies to enhance the implementation of non-discrimination legislation. They should provide complaint-handling services, including by receiving complaints, conducting investigations and initiating or pursuing legal actions in relation to cases involving caste-based discrimination. These bodies should be independent and provided with sufficient funding, resources and staff to adequately fulfil their mandate.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 18
- Paragraph text
- In its resolution 6/15 of 28 September 2007, the Human Rights Council established a Forum on Minority Issues ("the Forum"), inter alia to provide a platform for promoting dialogue and cooperation on issues pertaining to national or ethnic, religious and linguistic minorities, as well as thematic contributions and expertise to the work of the independent expert on minority issues. The independent expert is required to guide the work of the Forum and prepare its annual meetings. The inaugural session took place on 15 and 16 December 2008 in Geneva with a thematic focus on "Minorities and the Right to Education".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 19
- Paragraph text
- As part of her ongoing engagement with the treaty bodies in relation to the Forum, the independent expert held her first official dialogue with the Committee on the Elimination of Discrimination against Women during its forty-fifth session in New York on 5 August 2009. She was invited to discuss the Forum on Minorities and education and its recommendations, as well as preparations for the second annual Forum. The Committee welcomed the opportunity for collaboration and agreed that collaboration would continue and an expert member would attend the second session.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 21
- Paragraph text
- In September 2009, the independent expert participated in a conference held in Cali, Colombia, as a regional follow-up activity to the first session of the Forum, which had focused on minorities and the right to education. The conference was organized by the Robert F. Kennedy Memorial Center for Justice and Human Rights, in collaboration with the Cornell Law School's International Human Rights Clinic and the International Human Rights Law Clinic of the University of Virginia. In an effort to continue dialogue, remain accountable to local communities and promote grass-roots advocacy, the conference publicly launched the report entitled "Right to Education of Afro-descendant and Indigenous Communities in the Americas" that it had previously presented at the Forum. The report addresses failures to fulfil obligations with respect to the right to education without discrimination within the Americas, focusing on Colombia, Guatemala and the Dominican Republic.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 24
- Paragraph text
- The second session of the Forum on Minority Issues was held in Geneva on 12 and 13 November 2009 on the thematic subject of "Minorities and Effective Political Participation." The Forum's recommendations will be presented to the Human Rights Council at its current session (A/HRC/13/25). The Forum was honoured to have as Chairperson United States Congresswoman Barbara Lee, Chairperson of the Congressional Black Caucus.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 25
- Paragraph text
- The Forum achieved exceptional participation, which included Member States, United Nations mechanisms, bodies and specialized agencies, intergovernmental organizations, regional organizations and mechanisms in the field of human rights, academics and experts on minority issues, and NGOs. Over 500 individuals were accredited to participate, including delegates from over 45 States. Over 100 NGOs were represented. The views of participants from minority communities were given a high priority and minority political actors from all regions attended.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 26
- Paragraph text
- Human Rights Council resolution 6/15 invites the independent expert to include in her annual report recommendations for thematic subjects to be examined at future sessions of the Forum on Minority Issues. To date, the independent expert has received the following suggestions: minorities and poverty; access to justice; minorities and the media; and the situation of minority children.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 27
- Paragraph text
- The following sections of this report summarize the relevant basic international legal principles, the preconditions for ensuring effective political participation by minorities, and some of the models and conceptual tools that States are using in order to meet their international obligations in this domain.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 30
- Paragraph text
- It is for these reasons that the independent expert on minority issues chose effective political participation as the theme of the second session of the Forum on Minority Issues, held in Geneva on 12 and 13 November 2009. It should be underscored from the outset that the right of minorities to effective political participation does not encompass separatist movements. Rather, the intent is to ensure the inclusion of all persons belonging to minorities in a just and fair society. This background document summarizes the relevant basic international legal principles, the preconditions for ensuring effective political participation, and some of the models and conceptual tools that States are using in order to meet their international obligations.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 37
- Paragraph text
- The right of persons belonging to national or ethnic, religious and linguistic minorities to participate effectively in cultural, religious, social, economic and public life is further affirmed in the 1992 Declaration on Minorities ("the Declaration").
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 42
- Paragraph text
- The right to effective participation is further upheld in provisions within existing regional human rights treaties. These include the African Charter on Human and Peoples' Rights, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, the American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women. The Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) protects the right to free elections through its Protocol No. 1 (art. 3) and the Framework Convention for the Protection of National Minorities creates an obligation for States to ensure the effective participation of persons belonging to national minorities (art. 15). Comparable provisions on the prohibition of discrimination are also contained in the regional human rights treaties.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 49
- Paragraph text
- In a number of cases, the European Court assessed situations in which States prevented persons belonging to minorities from establishing associations aimed at furthering the cultural and political interests of the groups. The Court found that such interference constituted a violation of article 11 of the European Convention, which safeguards the freedom of assembly and association.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 51
- Paragraph text
- Concerning a national legal requirement for a political party to adopt a structure which was alien to indigenous peoples' customs if it was to be allowed to participate in elections, the Inter-American Court of Human Rights held that such imposition constituted a discriminatory impediment to equal participation in elections. The Court, moreover, determined that the universal rights of equality and political participation give rise to an obligation on the State to adopt affirmative and targeted measures to guarantee equal participation of indigenous groups.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 57
- Paragraph text
- Discrimination which inhibits the political participation of minorities may manifest itself in, among others: a type of electoral system which negatively affects minority representation; political parties which are adverse to minority issues and minority membership; widespread prejudice among the electorate which punishes parties willing to include minority candidates or voice minority issues; media which are hostile to minority concerns and participation. Given the centrality of the issue of discrimination to the right to effective participation, Governments should consider instituting independent monitoring and individual complaints mechanisms, such as the ombudsperson's function adopted in a number of countries.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph