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Protection of minority rights in conflict prevention 2010, para. 35
- Paragraph text
- Many States are engaged in ongoing efforts to accommodate the interests of diverse communities. Finding the optimal arrangement may be a dynamic process and may not be resolved at the first attempt. Some States have repeatedly adjusted the structure of their systems of federalism over many years in an effort to defuse conflict over power and resources. What is important is to ensure that the State provides channels to raise issues and to participate in decision-making; that it constantly reassesses the success of efforts to accommodate diversity; and that it is aware of the different options available.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 80
- Paragraph text
- Among other institutions of the Government of Austria, its Equal Treatment Commission is handling ethnic and religious discrimination cases, including those relating to employment and the workplace, and addressing such issues as access to employment, working conditions, harassment and freedom of religion. The Ombudsperson for Equal Treatment of Austria can intervene and negotiate with employers on discrimination cases and submit applications to the Commission. The Ombudsperson offers information on rights and equality, provides training and can impose penalties in cases of discrimination and harassment.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 91g
- Paragraph text
- [The Independent Expert provides the following broad recommendations to national Governments and the international community:] In multi-faith societies, efforts to build a climate of trust, understanding, acceptance and interfaith cooperation and exchange benefit the whole of society and are essential elements of good governance and measures to prevent grievances, tensions and conflict. The active engagement and leadership of religious, community and political actors is essential to such efforts and should be encouraged and supported, including through the establishment of formal and informal mechanisms for dialogue, exchanges of views and consideration of interfaith and intercommunity initiatives.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 82
- Paragraph text
- If the Government manifestly demonstrates its refusal or inaction to stop the crimes, collective action should be urgently considered. Under the third pillar of the strategy for the implementation of the responsibility to protect, Member States have the responsibility "to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter of the United Nations, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities are manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity" (see A/66/874-S/2012/578, para. 2). Such collective action may include sanctions, embargoes and restrictions on cooperation. Ultimately, the use of force can be authorized by the Security Council. In situations in which there is an imminent or ongoing killing of civilian populations, measures must be established to enable appropriate and rapid intervention.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 24
- Paragraph text
- Article 20 of the International Covenant on Civil and Political Rights (see General Assembly resolution 2200 A (XXI), annex) states that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence represents an important step taken by the international community to assist States in implementing their obligations, and provides guidance on balancing freedom of expression, which is protected under article 19 of the Covenant, with article 20. As recommended in the Plan of Action, States should ensure intercultural dialogue and mechanisms and dialogues to foster intercultural and interreligious understanding and learning. States should also promote human rights education and sensitize law enforcement and security forces.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 74
- Paragraph text
- Civil society has a vital role to play in detecting the early signs of impending violence, alerting national and international bodies and taking local initiatives to counter it. Violence prevention efforts should not be left only to non-governmental organizations, however. Effective prevention benefits greatly from the full participation of diverse actors, including non-governmental organizations, human rights institutions, businesses, faith groups and community leaders, educational institutions and other stakeholders. Preparing the infrastructure for and promoting a culture of violence prevention necessarily involves many actors with different skills, powers and relationships.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 56
- Paragraph text
- In view of the potentially important role of the special procedures in identifying well-grounded facts and signs of potential violence and mass atrocity crimes, the Special Rapporteur on minority issues recommends consideration of strengthened channels of communication and information exchange between special procedures and the General Assembly and the Security Council. Improved use of such procedures as Arria-formula meetings to report findings urgently and directly should be considered. In addition, further consideration should be given to measures to enable urgent engagement with all relevant regional and United Nations bodies and the Human Rights Council outside annual reporting schedules.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 87
- Paragraph text
- Accountability and tackling impunity for violent crimes are essential to ensuring justice and post-violence reconciliation. Transitional justice requires that the truth about the past be investigated and told, the provision of compensation for material and immaterial losses, the return to societal stability and the restoration of full respect for human rights. Perpetrators on all sides must be held accountable as a means of rebuilding societies damaged and fractured by violence and as a deterrent to further violence. Justice and accountability may be achieved in various ways, which can include truth, justice and reconciliation processes; commissions of inquiry; judicial processes; and incorporation of traditional forms of resolution and reconciliation. Such mechanisms have demonstrated an ability to begin a process of healing the wounds inflicted on communities and societies in such cases as Rwanda, South Africa and Northern Ireland.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 75
- Paragraph text
- The format of the media environment has undergone a dramatic transformation to host Internet and online media platforms, allowing live interaction and more rapid outreach worldwide. In the digital age, media has also widened its scope to include social media, where people share and/or exchange information, ideas and initiatives across vast national and international networks and virtual communities. New forms of online media which allow those who advocate hate speech or cyberhate to easily access large audiences are subject to less regulation than traditional media and provide anonymity to those who wish to exploit it.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
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.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 85
- Paragraph text
- The Sri Lanka experience contributed to the development of the Secretary-General's "Rights up front" initiative which seeks to ensure better organizational preparedness to meet the challenges of safeguarding human rights and protecting civilians in complex crises.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 73
- Paragraph text
- In diverse societies, particularly those in which violence or conflict have previously existed, holistic, inclusive and proactive approaches to law enforcement incorporate such positive practices into a law enforcement and protection strategies. This helps to avoid reactive responses to violence that are frequently inadequate and come too late. Risk assessment methodologies incorporating analysis of past violent events, employed by law enforcement bodies, can enable authorities and others to assess the extent to which certain communities may face the threat of violence and to rapidly respond.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 70
- Paragraph text
- Allocation of labour on the basis of caste is one of the core pillars of caste and caste like systems, with lower castes typically confined to "polluting", "filthy" or "impure" tasks and occupations. This labour division is characterized by its extreme rigidity and exclusion, preventing individuals from the lowest strata from changing occupations and largely hindering their labour mobility. Attempts to challenge the established order may result in social punishment, including physical and psychological aggression and community boycotts.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Minorities in situations of humanitarian crises 2016, para. 73
- Paragraph text
- Stateless persons are particularly vulnerable as they do not enjoy the right to nationality or any of the corresponding human and civil rights, and they may be targeted, or not adequately protected, by national authorities. In times of humanitarian crises, conflict or natural disasters, this lack of protection can be particularly acute. Statelessness can often be a root cause of forced displacement, particularly in times of crises. Forced displacement can in turn heighten the risks of becoming stateless, particularly as documents may be lost in flight.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Movement
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 93
- Paragraph text
- Gross inequalities and persistent poverty are frequently elements in the complex social, economic and geopolitical equations which lead to conflict and violence. Discrimination is a cause and a consequence of inequality and poverty and, under certain circumstances, including where land and resources are scarce, results in communities made vulnerable to violence. Addressing inequality and promoting equitable societies are key conflict and violence prevention measures.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 55
- Paragraph text
- All of the above might be forced upon them on the grounds that it is "respectful" of the laws of their religion, but may do so without asking them what their religion or belief is, how they interpret it and which legal system they ascribe to. Most worryingly, it may do so without giving them any opportunity for a civil alternative, any option for exit from such legal provisions and, indeed, no opportunity for adopting or changing their religion or belief. The State should not only be mindful of these vast arenas of discrimination, which may indeed have a coercive impact on the freedom to hold religion or belief, but needs to ensure that it fulfils its due diligence obligations with respect to all such violations. This includes obligations with respect to violations that may result from the actions of non-State actors, and violations that may primarily occur in the private sphere.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 71
- Paragraph text
- Some scholars consider the right to freedom of expression as absolute, suggesting that democratic societies should not permit the exclusion of any views, even if they are offensive or inflammatory. Such theories often fail to recognize the fundamental existence of structural inequalities in society, which make some more vulnerable, including to attack, whether verbal or physical. Many examples from different regions demonstrate the connection between hate speech and violence and that there are legitimate grounds to limit freedom of speech when it is motivated by or seeks to incite racial, religious or other forms of hatred.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 49
- Paragraph text
- The African Charter on Human and Peoples' Rights does not contain provisions referring specifically to the prohibition of incitement to national, racial or religious hatred. However the Charter states that: "all peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another" (art. 19) and that "every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance" (art. 28). The American Convention on Human Rights states that: "any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law" (art. 13.5).
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 52
- Paragraph text
- There is no universally accepted definition of "hate speech". The term encompasses a wide array of hateful messages, ranging from offensive, derogatory, abusive and negative stereotyping remarks and comments, to intimidating, inflammatory speech inciting violence against specific individuals and groups. Only the most egregious forms of hate speech, namely those constituting incitement to discrimination, hostility and violence, are generally considered unlawful. Cultural paradigms must be understood and taken into account when considering whether certain comments or images constitute hate speech, incitement or defamation, and States have a margin of appreciation in establishing such thresholds. Nevertheless, a balance must be struck that does not unduly restrict the rights of individuals or place individuals under the threat of violence.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Minorities in the criminal justice system 2015, para. 73
- Paragraph text
- Each witness should be free to choose a form of oath that he or she considers appropriate to his or her religion, or to make a secular affirmation.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Minorities in the criminal justice system 2015, para. 84
- Paragraph text
- Non-discrimination and promotion of cultural diversity should be part of the professional training of all staff within the criminal justice system.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 76
- Paragraph text
- In Nepal, in the agricultural sector, Haliyas ("ones who plough") are labourers effectively caught in a debt bondage system. They plough the land, a task considered dirty. They are often forced to take out loans from landowners to cover personal expenses and are charged exorbitant rates of interest, making their debts extremely difficult to pay back and effectively trapping them in a never-ending cycle of submission. According to civil society reports, despite criminalization by the Government in 2010, the practice still persists and there is currently no legislation in place for the rehabilitation of Haliyas.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 58
- Paragraph text
- A six-part test has been developed by the NGO Article 19 to determine the appropriate threshold for assessing the types of expressions constituting "incitement to hatred": (1) context of the expression, including consideration of existing conflicts within society, existence and history of institutionalized discrimination, history of clashes and conflicts over resources, the legal framework and the media landscape. In relation to media, issues to be examined include censorship, existence of barriers to establishing media outlets, limits to the independence of the media or journalists, broad and unclear restrictions on the content to publish or broadcast and evidence of bias in the application of the restrictions, absence of criticism of government or wide-ranging policy debate in the media and access by the audience to a range of alternative and easily accessible views and speeches; (2) speaker, including consideration of his/her official position, level of authority or influence over the audience and whether the statement was made by a person in his/her official capacity. Politicians and public officials or persons of similar status should be given special consideration; (3) intent of the speaker to incite hatred, not mere recklessness or negligence; (4) content of the expression, including what was said, the targeted audience and the targeted potential victims, tone and form of the speech; (5) extent and magnitude of the expression, including the means of dissemination (press, audiovisual media, work of art, etc.); (6) likelihood of harm occurring, including its imminence.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 103
- Paragraph text
- Traditional and contemporary media have enormous potential to foster knowledge, understanding and acceptance of diversity. Media can also be misused as a forum for stigmatization, discrimination, exclusion and, in the worst cases, incitement of violence. Contemporary media, particularly new digital media, due to its immediacy, universal scope, accessibility, interactive nature and the difficulty of regulating it, have become accessible platforms for spreading hate speech.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 63
- Paragraph text
- Recognition and non-discriminatory registration may prove essential to the maintenance of religious identity. For example, teaching religion or belief requires the State to not criminalize or restrict the teaching or proselytizing of religion or belief and for any limitations to be strictly within the legal limitations outlined in article 18, paragraph 3 of the International Covenant on Civil and Political Rights. Charitable activities, for example, require sufficient recognition to allow the group to legally gather and hold such events. Respect for the appointment and election of leaders requires non-interference on the part of the State and some recognition of the appointment or election system in terms of recognition of the relevant leader(s) or spokesperson(s) as a representative of that community.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Minorities in the criminal justice system 2015, para. 41
- Paragraph text
- Access to an interpreter is an essential fair trial guarantee for any person accused who does not understand the language in which the proceedings will be conducted. This right, however, is not always fully implemented or respected in practice.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 68
- Paragraph text
- The establishment of mechanisms and processes to raise and respond to alarms is essential to preventing and stopping violence. Ensuring appropriate community liaison promotes trust and establishes and maintains strong and efficient channels of communication between communities and law-enforcement bodies. Identifying the individuals, communities or locations, community leaders or high profile places of worship or congregations that are most at risk is an important step. Increasing a visible security presence in key locations, including places of worship or nearby identified at-risk communities, is a deterrent to violence. In remote locations where there is a low presence of authorities, it may be necessary to establish a security presence to protect local communities.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 52
- Paragraph text
- According to the framework, triggering factors include: upcoming elections; a change of Government outside of an electoral or constitutionally sanctioned process; instances in which the military is deployed internally to act against civilians; commencement of armed hostilities; natural disasters; and increases in opposition capacity, which may be perceived as a threat and prompt pre-emptive action. The Special Rapporteur considers that these valuable indicators can also be applied effectively in situations in which violence may not constitute genocide. Indicators and early warning mechanisms must be employed in practice and lead to alarms being triggered and concrete action taken.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 57
- Paragraph text
- A series of consultations involving OHCHR, civil society and academics were held to provide a clearer definition of the key terms contained in article 20, paragraph 2, of the International Covenant on Civil and Political Rights, one of which resulted in "The Camden Principles on Freedom of Expression and Equality". Principle 12 states as follows: (a) the terms "hatred" and "hostility" refer to intense and irrational emotions of opprobrium, enmity and detestation towards the target group; (b) "advocacy" must be understood as requiring an intention to promote hatred publicly towards the target group; (c) "incitement" refers to statements about national, racial or religious groups which create an imminent risk of discrimination, hostility or violence against persons belonging to those groups; (d) the promotion, by different communities, of a positive sense of group identity does not constitute hate speech.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2015
Paragraphe