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Overview of the activities carried during the first three-year term of the mandate 2011, para. 113
- Paragraph text
- The Special Rapporteur is pleased to provide the General Assembly with the present report and looks forward to holding a dialogue with States about his work. Although he is encouraged by the positive developments that have taken place in many places, he remains concerned about the ongoing struggles for and violations of indigenous peoples' rights throughout the world. During the second term of his mandate, he will make the development of concrete measures to tackle these pressing problems a top priority by identifying good practices and workable models and building on advances already made. Through this work, he hopes to assist in the multifaceted efforts under way to achieve the future envisioned by the Assembly when it adopted the United Nations Declaration on the Rights of Indigenous Peoples in 2007, a future in which indigenous peoples' distinct identities and cultures are fully valued and in which they have the opportunity to control their own destinies, under conditions of equality, within the broader societies in which they live.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 77
- Paragraph text
- The Special Rapporteur sees three principal aspects of the external dimension. A first aspect has to do with the participation of indigenous peoples in the broader public or political life of the State. Almost invariably, the participation of indigenous peoples in the broader public life of the State is inadequate and not proportional in relation to indigenous populations. While there are numerous examples of efforts by States to increase indigenous political participation through various measures, continued steps need to be taken to ensure greater indigenous participation in the public sphere. In this regard, special measures may be required to ensure that indigenous peoples can participate on equal footing in the public and political life of States.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 43
- Paragraph text
- A first aspect of the external dimension has to do with the participation of indigenous peoples in the broader public life of the State, as promoted by article 5 of the Declaration, and is related to the right of all citizens to political participation. This aspect of participation in decision-making within spheres extending beyond indigenous communities is mostly, though not entirely, a matter of the rights of indigenous individuals. As affirmed in particular by the Inter-American Court of Human Rights in the case of Yatama v. Nicaragua, the right of indigenous peoples to participate in the broader public life of the State also includes a collective element, which requires States to enact special measures to ensure the effective participation of indigenous peoples within State political structures and institutions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- 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
- Date added
- Aug 19, 2019
Paragraph
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43
- Paragraph text
- The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 63
- Paragraph text
- Minority victims of crimes are entitled to equal access to justice and reparation; indeed, the special needs of minorities should be taken into account in the provision of victim services and assistance. In practice however, these rights are often not respected or fulfilled.
- 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
- Date added
- Aug 19, 2019
Paragraph
Overview of main observations of five years fact-finding and research 2010, para. 61
- Paragraph text
- The Special Rapporteur has received many allegations of excessive violence, during apprehension of a suspect and during demonstrations or public turmoil, including in pre-election and election periods. In many of those cases, people have been peacefully exercising their right to assembly when police or security officers violently dispersed the demonstration by beatings, the use of pepper and tear gas, sound bombs, water cannons, rubber bullets or firearms indiscriminately used on the masses. This all too often has led to persons being injured or killed. Of particular concern are reports of police brutality against vulnerable, disadvantaged groups and minorities. The Special Rapporteur has therefore repeatedly stated that the use of force must be exercised with restraint and only once non-violent means have been exhausted. Law enforcement bodies shall refrain from the use of firearms, except in self-defence or defence of others from an imminent threat of death or serious injury. In this regard, strict rules on the use of force for police and security forces should be applied. Furthermore ways to improve the recording and monitoring of arrests and the control of demonstrations should be explored.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 106
- Paragraph text
- States should ascertain whether minorities are subjected to harsher penalties in sentencing or execution of sentence, identify any role that direct or indirect discrimination plays in this regard, and take measures to eliminate it.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 74
- Paragraph text
- Rules of general application concerning formalities, such as appropriate dress in the courtroom (removal of headwear for instance), may, if applied without exception, be perceived as means of excluding or denigrating minorities, negatively impacting on their participation, cooperation and attitude towards the court.
- 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
- Date added
- Aug 19, 2019
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 82
- Paragraph text
- The independent expert looks forward to fulfilling the requirements of her Human Rights Council mandate and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly notes her desire for a constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that her mandate remains available to provide assistance to States and respond to their requests, including in the area of technical cooperation, to the fullest extent possible. Equally, the independent expert reiterates the importance that she places on the role and views of non-governmental organizations and representatives of minority communities themselves, including in providing information to her and engaging and assisting her fully as she conducts her work on minority issues and with and on behalf of minority communities.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
Priorities for the work of the Independent Expert and the twentieth anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 2012, para. 38
- Paragraph text
- The independent expert emphasizes that full implementation by all States of the Declaration on Minorities should be considered a key measure to promote equality and political and social stability and as an essential component of good governance in diverse societies. She will pay particular attention to early signs of potential conflicts among different communities, such as indicators of increasing alienation or hatred against certain groups. Examination of challenges and positive practices relating to hate speech and hate crime legislation will be an area of focus. She will seek consultations with diverse stakeholders including in countries where inter-ethnic or interreligious tensions or conflict have previously occurred in order to identify ongoing challenges as well as learn about positive practices, preventative strategies and peace-building initiatives. In particular she draws attention to the need for minorities to be appropriately represented and to participate effectively in public life.
- 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
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 57
- Paragraph text
- While strengthening of support for the Declaration is to be celebrated, it is all too apparent that a great deal remains to be done to see the objectives of the Declaration become a reality in the everyday lives of the indigenous peoples of the world. Today, the Declaration serves more as a reminder of how far there is to go in bringing justice and dignity to the lives of indigenous peoples than a reflection of what has actually been achieved on the ground. Indeed, historical patterns of oppression continue to manifest themselves in ongoing barriers to the full enjoyment of human rights by indigenous peoples. It is feared that the wide gap between the Declaration and its effective implementation will persist, leading to a certain complacency and acceptance of that condition by dominant actors and within the United Nations system. This cannot be allowed to happen.
- Body
- Special Rapporteur on the rights of indigenous peoples
- 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
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous peoples 1997, para. 4b
- Paragraph text
- [The Committee calls in particular upon States parties to:] Ensure that members of indigenous peoples are free and equal in dignity and rights and free from any discrimination, in particular that based on indigenous origin or identity;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Right to self-determination 1996, para. 1
- Paragraph text
- The Committee notes that ethnic or religious groups or minorities frequently refer to the right to self determination as a basis for an alleged right to secession. In this connection the Committee wishes to express the following views.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1996
- Date added
- Aug 19, 2019
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 97
- Paragraph text
- Urgent measures should be adopted to protect indigenous peoples’ rights to life and security, particularly when they are exercising or defending their rights. Impunity for crimes committed against indigenous peoples must end.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 55
- Paragraph text
- The nature of the allegations received by the mandate holder indicates an increase in violence against indigenous peoples when they defend their basic human rights, including their rights to lands and resources. Within this context, the use of anti-terrorist legislation, the terming of human rights defence as a criminal activity, and impunity when crimes against indigenous peoples are committed remain very serious concerns. In the past 10 years the mandate holder has addressed, often together with other special procedures mandate holders, many cases of violence against indigenous peoples, their leaders and representatives. This has been undertaken through the communications procedure and the release of public statements. The mandate holder has also sought to address these situations by engaging the Governments in constructive dialogues and by undertaking working visits to examine the issues in more depth. The Special Rapporteur intends to develop further research on this issue but would like to emphasize that the underlying reason for the key problems seen in these cases is the lack of observance of indigenous land, natural resources and related rights recognized in the Declaration and other human rights instruments.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2017
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 32
- Paragraph text
- Governments, civil society and the international community must be alert to the warning signs of hatred and violence much earlier: when the first words of hate speech are uttered; when media start to promote negative stereotypes; or once there is an atmosphere of discomfort and animosity when minorities exercise their right to freely and openly practise their religion, use their language, or assert their right to have a voice in political life and the decisions that affect them.
- 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
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 113
- Paragraph text
- National institutions responsible for oversight of police, as well as independent regulatory bodies for the judiciary, prosecutors and legal profession, should systematically assess and report on the situation of minorities within the criminal justice process, and take action when they observe discrimination.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 107
- Paragraph text
- In collaboration with representatives of minorities, Governments should elaborate and adopt a national strategy designed to prevent discrimination against minorities within the criminal justice system and to increase the effective participation of minorities within the system.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 103
- Paragraph text
- States should ensure free professional translation for minority accused who are not fluent in the language used in court, and should allow those persons to use the minority language. States should further consider recognizing the right of members of minorities with significant population or historical ties, whether nationally or locally, to have the proceedings conducted in their own language.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 95
- Paragraph text
- Police, prosecutors and judicial authorities must ensure that criminal complaints from members of minorities are pursued with the same diligence that is applied to those of other complainants. Where necessary, special measures and accommodations in investigation and trial procedures should be adopted, in consultation with minority communities. All police should have protocols and training in respect of recording and investigating hate crimes.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 94
- Paragraph text
- States should ensure that members of minorities are proactively informed, in a language and through a means appropriate to their situation, of their rights as victims of crime, and on how to access support, including legal assistance and interpretation services. To this end, States should consider establishing liaison officers from, or with connections in, the relevant minority communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 89
- Paragraph text
- Globally, minorities face discrimination and lack of representation within the administration of criminal justice. Measures to eliminate discrimination and ensure equality before the law are more likely to be effective if undertaken with a minority rights-based approach, which includes ensuring effective participation of minorities in all aspects of the criminal justice process and administration of justice.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 83
- Paragraph text
- Participation of minorities in designing laws and policies and advising on procedures is important to ensure that these laws, policies and procedures are vetted for any disproportionate impact on minorities. This implies better representation of minorities within all branches of government and a greater degree of consultation with the relevant communities.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 78
- Paragraph text
- Concerns expressed by minorities - who may fear that the data could be used for the purpose of arguing that they commit offences at a higher rate, or that police may prejudicially retain their personal details even when no offence is detected - should be addressed, for instance, through anonymization and time limits for retention of personal data.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 68
- Paragraph text
- Minorities may be at higher risk generally of being victims of ordinary crime, or may need access to justice and reparation particularly in relation to hate crimes motivated by their minority status. Yet, many jurisdictions lack definitions and working protocols for the recording, investigation and prosecution of hate crimes. This leads to the rapid erosion of minorities' trust in justice. Responding effectively to hate crimes can assist in rebuilding trust.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 66
- Paragraph text
- Members of a minority may also view the justice system as a whole as "alien" and to be avoided, particularly if the State has failed to make efforts to guarantee effective participation of the minority by ensuring: that minorities are represented in the police, judiciary, prosecution and legal profession; that law enforcement agencies have an accessible and welcoming physical presence in the community; and that practices and symbols of the justice system are inclusive of the minority.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 45
- Paragraph text
- Numerous States go beyond these minimum provisions and provide for the right of certain linguistic minorities to have the proceedings themselves conducted in their own language. This may apply to the territory of the State as a whole or to a particular region. Wherever possible, such an approach is to be encouraged, as it contributes to the fairness of the proceeding, equality, promotion of identity and effective participation.
- 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
- Date added
- Aug 19, 2019
Paragraph