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Reflections on the six-year tenure of the Special Rapporteur 2017, para. 98
- Paragraph text
- The Special Rapporteur believes that similarly, United Nations staff in all offices and entities, particularly in the field, should better reflect the national, ethnic and religious make-up of the societies in which they operate. With established, strong networks of consultation with minorities and trust-building efforts between United Nations offices and minority communities, the Organization will be better equipped to fulfil its vital role in recognizing and responding to early warning signs of intercommunal tensions and be better prepared to prevent mass atrocity crimes and genocide, of which minorities are the most frequent targets.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 54
- Paragraph text
- To date, the present Special Rapporteur and the previous mandate holder together sent a total of 26 communications to Member States jointly with the Special Rapporteur on the situation of human rights defenders, addressing situations whereby minority rights defenders were targeted because of their work. Some of them suffered reprisals, arrest and detention, as well as expulsion, in connection with their human rights activities. The Special Rapporteur raises her deep concerns about cases of reprisals against minority rights defenders, and urges minority activists to inform her Office whenever any intimidation or reprisal occurs in connection with their work, so that appropriate action can be taken.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 97
- Paragraph text
- The Special Rapporteur is gravely concerned at the limited, or often complete lack, of a minority presence in political and public offices. She has repeatedly stressed throughout her tenure the need to ensure that minorities are included in all decision-making processes, including in municipal and government structures, law enforcement bodies, the judiciary, legislative bodies, criminal justice systems and all authorities, especially when their decisions affect minorities. Without their participation, such bodies are less able to take vital decisions for the benefit of the entire society and may be less trusted by minorities, who may be reluctant to access them, or discouraged from doing so. Moreover, good and inclusive governance, which includes minorities and measures to ensure equality, are key conflict-prevention prerequisites. Good governance includes legal, administrative and territorial arrangements that allow for peaceful and constructive group accommodation on the basis of equality in dignity and rights for all and that allows for the necessary pluralism to enable the persons belonging to the different groups to preserve and develop 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
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 44
- Paragraph text
- Additionally, the Special Rapporteur has repeatedly called attention to minority groups that have been in particularly precarious legal situations owing to their lack of citizenship or the refusal of their respective countries to recognize and grant them rights as minorities. She has sent several communications to Member States where discriminatory legislative amendments, immigration reforms and other administrative decisions have placed minority communities at further risk.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 59
- Paragraph text
- The Special Rapporteur is alarmed at the rise of populism, which hampers efforts to include minorities in the national psyche in their respective countries. She is concerned that even the very notion of democracy is being challenged and that there are views that are widely shared, especially on social media, that a democratically elected political leadership has the power to take any decision freely, without, and even against, minorities because minorities - usually being inferior in number - are subject to the will of the majority. The Special Rapporteur stresses that democracy requires good and inclusive governance under which legal, administrative and territorial arrangements are made to allow peaceful and constructive group accommodation on the basis of equality in dignity and rights for all and that allows for the pluralism necessary to enable persons belonging to different groups to preserve and develop their identity (see E/CN.4/Sub.2/AC.5/2005/2, Commentary, para. 13).
- 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
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 94
- Paragraph text
- The Special Rapporteur is concerned that minorities are often disproportionately affected by statelessness as a result of discriminatory nationality and citizenship legislation that may deny citizenship for some ethnic, linguistic, racial or religious groups or deprive them of citizenship. Today, at least 10 million people around the world are denied a nationality and, although there are no disaggregated data, estimates indicate that many, if not most, of them belong to minority communities. Therefore, she welcomes current United Nations efforts, including the I Belong campaign to end statelessness of the Office of the United Nations High Commissioner for Refugees, and urges Member States to pledge their full support and cooperation so statelessness can be ended and so that it will not be a further source of stigmatization and discrimination against minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 70
- Paragraph text
- The Special Rapporteur has been particularly alarmed by the limited, or often complete lack, of minority presence in political and public offices. She has repeatedly stressed throughout her tenure the need to ensure that minorities are included in all decision-making processes, including in municipal and government structures, law enforcement bodies, the judiciary, legislative bodies, criminal justice systems and all authorities, especially when their decisions affect minorities. Without their participation, such bodies are less able to make vital decisions in a way that benefits the entire society, and they will also be less trusted by minorities, who might be reluctant to access them, or discouraged from doing so.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 72
- Paragraph text
- As the Special Rapporteur has repeatedly stated in her thematic and country visit reports, it is crucial for States to be aware of the composition of their population, including who the minority groups are, in order to obtain an accurate picture of the number, geographical distribution, identity and socioeconomic status of minority groups. Collection and statistical analysis of disaggregated data on minorities are essential tools for designing and monitoring adequate policies and targeted plans for minorities. In the process of collection and analysis of disaggregated data, provisions should be made to safeguard against discrimination, stigmatization and any misuse of sensitive information, in accordance with international standards of personal data protection and privacy.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 42
- Paragraph text
- The Special Rapporteur welcomed the work of her predecessor relating to the rights and status of members of minorities in all regions that find themselves denied or deprived of citizenship, and has continued to raise awareness on these specific communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 31
- Paragraph text
- As she approaches the end of her tenure as mandate holder, the Special Rapporteur has undertaken a review of the major developments relating to her work, particularly with respect to the thematic priorities she had decided to focus on at the beginning of her mandate (A/HRC/19/56), as well as the major challenges and emerging issues in the field of minority rights protection that she came across during her tenure.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Minorities in situations of humanitarian crises 2016, para. 30
- Paragraph text
- The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities adopted by the General Assembly by its resolution 47/135 on 18 December 1992, is the overarching normative framework protecting the rights of minorities. The Declaration 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" (resolution 47/135, annex, art. 1, para. 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 in situations of humanitarian crises 2016, para. 31
- Paragraph text
- In its commentary on the Declaration (see E/CN.4/Sub.2/AC.5/2005/2, para. 24), the Working Group on Minorities stated that the protection of the existence of minorities included their physical existence, their continued existence on the territories on which they lived and their continued access to the material resources required to continue their existence on those territories, and that they should neither be physically excluded from the territory nor excluded from access to the resources required for their livelihood.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 68
- Paragraph text
- In some cases, when conflict erupts, minorities may have their property confiscated. In her report on the visit to Ukraine, the Special Rapporteur referred, among other concerns, to the loss of property by those displaced from the Autonomous Republic of Crimea, including reports of property seizure (see A/HRC/28/64/Add.1, paras. 48 and 62). Furthermore, where minorities flee or are expelled from their lands owing to conflicts or crises, and new communities have settled there, it may be particularly challenging for minorities to reclaim those lands. This difficulty can be compounded where minorities lack documentation to prove ownership rights (see A/HRC/22/49/Add.1), and in particular where ownership was established through customary law.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 67
- Paragraph text
- The issue of housing, land and property during crises and their aftermath can have important implications for minorities. Often clearly linked to the question of documentation, minorities often do not have official papers to prove their land rights. Moreover, land may have a particular meaning for minority communities, as some groups may have a particular attachment to their land or as their whole culture may rely on land. Therefore in the aftermath of crises, addressing the issue of security of tenure is essential when addressing the challenges facing displaced minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 61
- Paragraph text
- Due to caste prejudice or deference shown to perpetrators from higher castes, law enforcement officers may refuse to register and/or investigate cases brought by individuals from lower castes. In some instances, these officers perceive caste-based discrimination as a social issue to be solved within the community rather than a crime. Refusal to register such cases as criminal offences is justified as preserving "social harmony".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 63
- Paragraph text
- Even if such crimes pass the first stage in the process, there are long pretrial periods and the acquittal rates for these crimes are extremely high. Lower castes are also disproportionately represented in pretrial detention, owing to indiscriminate arrests, slow investigations and prosecutions, weak legal aid systems and inadequate safeguards against lengthy detention periods.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
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 in the criminal justice system 2015, para. 44
- Paragraph text
- It has been suggested that harsher sentencing can result from bias introduced by interpretation, because of cultural differences unintentional expression of the interpreter's preconceptions, or negative perceptions of the accused's or the witness's credibility by the court or jury due to interpretation. Caution must be exercised when using a non-certified translator or interpreter, and all interrogation and other records should specify the identity and status of any such person. If translation is a minimum requirement in all cases, it is clear that it does not necessarily provide the fullest possible guarantee of fairness.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 65
- Paragraph text
- Minority victims may be reluctant to report the crime to police, owing to a history of negative experiences with the authorities, lack of faith in the justice system, or lack of knowledge of their rights or lack of practical information such as on where and how to make a complaint. They may fear that bringing themselves to the attention of the authorities will generate more suspicion and result in persecution of themselves, their family or their community. They may have a fear of reprisals from the perpetrators of the crime owing to a lack of confidence that authorities will protect them, pursue the investigation or take the perpetrators into custody. Some may fear deportation, particularly if they do not have recognized legal status in the country.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Families
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 43
- Paragraph text
- From a minority rights perspective, every individual should also have the right, whether as accused or as witness, to use his or her native language in criminal proceedings, even if capable of communicating in a majority language. This is important both for the protection and promotion of identity and to ensure effective and informed participation. In Slovenia, for instance, some municipalities with a significant concentration of Italian- and Hungarian-speaking minorities permit the use of these languages in court proceedings.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 14
- Paragraph text
- For minority victims of crime, standards on the right to effective remedy and reparation, and to participation and protection in the criminal justice process, are relevant.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 15
- Paragraph text
- Human rights standards also affirm that members of minorities must have equal access to training and service as law enforcement officials, including within the police, prosecution, judiciary and legal profession.
- 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
Minorities in the criminal justice system 2015, para. 58
- Paragraph text
- International instruments recognize the right of all prisoners to communicate with and receive visits from the outside world, including family, friends and lawyers. As affirmed by the Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules): "The treatment of prisoners should emphasize not their exclusion from the community, but their continuing part in it." These rights may have additional significance for members of minorities, for whom access to outside religious representatives or cultural groups may be as important as access to family and lawyers. Such contact may also be important with respect to the State's obligation to protect and promote the minority identity. The requirement that there be an attempt to place each prisoner in a facility near his or her home takes on particular importance for minority prisoners in the case where a particular minority is geographically concentrated.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Families
- 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. 46
- Paragraph text
- The International Convention on the Elimination of All Forms of Discrimination obligates States to condemn "all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination" (art. 4). Furthermore, three situations constitute offences punishable by law: (a) all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) organizations, organized and all other propaganda activities which promote and incite discrimination-which must be declared illegal and prohibited-, and participation in such organizations or activities; (c) promotion or incitement of racial discrimination by public authorities or public institutions, national or local.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 106
- Paragraph text
- Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 53
- Paragraph text
- Discussion over what constitutes hate speech poses a recurring dilemma vis-à-vis the right to freedom of expression and its limits. It remains necessary to protect freedom of expression while at the same time guaranteeing the rights of others, public order and, in some cases, national security. Nevertheless, as stressed by the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, far from being incompatible, the right to freedom of opinion and expression and the prohibition of incitement to hatred are "mutually supportive", as the public debate of ideas as well as interfaith and intercultural dialogue can prevent hate and intolerance.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 54
- Paragraph text
- In order to develop consistent and effective legislation and measures to prohibit and penalize incitement to hatred, hate speech should not be confused with other types of inflammatory, hateful or offensive speech. As experts have stated, the intended or actual effects of speech can be a useful indicator to distinguish incitement to hatred from other categories of hate speech: in the case of incitement to hatred, the speaker seeks to provoke reactions on the part of the audience, specifically to influence the audience to share the views expressed or implied in the speech and to respond against the victim groups with hostility, discrimination or violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
Paragraph
Minorities in the criminal justice system 2015, para. 96
- Paragraph text
- States should ensure that individuals are not selected for identity checks, questioning, stops and searches, surveillance or other policing measures solely or primarily on the basis of their membership in a minority. Use by the police of their power to conduct identity checks or to stop and search individuals should be based on the requirement of individualized suspicion; and the use of broader preventive powers should be strictly circumscribed. Police should be required to record the reason for stopping, questioning or searching any person and to provide the person with a copy of the record.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 34
- Paragraph text
- The present thematic study provides an overview of the role of media in relation to hate speech and incitement to hatred and violence. It refers to the role of international standards and processes with regard to the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and will address the major challenges to combating hate speech in the media. Different measures and good practices that can be implemented by States and civil society actors will be analysed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph