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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. 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. 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. 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. 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
Minorities in the criminal justice system 2015, para. 33
- Paragraph text
- A person's minority status can never be a sufficient reason for pretrial detention. The social, economic and cultural circumstances of minorities (e.g., with respect to bail, fixed address, employment and family ties) must be taken into account when setting financial or other conditions for release so as to prevent indirect discrimination.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 32
- Paragraph text
- Particularly in legal systems where police and prosecutors have greater discretion over pretrial detention, such detention may be deployed against minorities as a form of duress in order to punish, obtain confessions or make it easier to fabricate evidence. Indeed, in some countries, the criminal justice system may at times contribute to the oppression of certain minorities.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 31
- Paragraph text
- Linguistic minorities may be unable to read and understand legal documents, such as an appearance notice, and therefore become subject to an order for arrest and pretrial detention; they may not understand their right to counsel or appreciate that one is required; and they may have difficulty finding a legal representative who can speak their mother tongue.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 26
- Paragraph text
- States must ensure full compliance with the requirements of proportionality and strict necessity in any use of force against persons belonging to ethnic, national and other minorities, with intentional use of lethal force being restricted to situations where it is strictly unavoidable to save life. Victims, families and others who allege unlawful use of force must have access to impartial, independent and effective complaints mechanisms, and police officers involved must be held accountable, including criminally.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 9
- Paragraph text
- This report highlights some examples of good practices. However, too often a lack of data collection precludes Governments from accurately assessing the existence and scale of violations, or designing effective countermeasures. It should be noted, however, that the report is not exhaustive, and does not address violations by law enforcement officials outside of the formal criminal justice process, or violations arising from substantive criminal law, which impact minorities and merit further research.
- 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
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 72
- Paragraph text
- In this context, the Rabat Plan of Action notes that States have the responsibility to ensure space for minorities to enjoy their fundamental rights and freedoms, for instance by facilitating registration and functioning of minority media organizations. States should strengthen the capacities of communities to access and express a range of views and information and embrace the healthy dialogue and debate that they can encompass.
- 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
- 2013
- 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. 36
- Paragraph text
- The preamble to the Declaration on Minorities emphasizes that "the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of States in which they live".
- 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
- 2012
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 31
- Paragraph text
- The right to effective participation of persons belonging to minorities is far-reaching and encompasses many aspects of what constitutes a just society. The right to effective participation includes participation in political decision-making at both the local and national levels. In addition, persons belonging to minorities should be given the means to participate effectively in the cultural, religious, social and economic spheres of their societies.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 85
- Paragraph text
- Limited territorial autonomy allows minorities to exercise a wide range of participatory rights within a specific region in which the minority is concentrated. Since it is based on the spatial principle, the advantage of territorial autonomy is that it enables problems to be resolved without necessarily entrenching societal divisions. Indeed, territorial autonomy has been used to accommodate the demands of linguistic or cultural minorities. Territorial autonomy can enable the fair representation of minorities in regional legislatures and in the executive. Such arrangements should provide for the protection of minority languages, their use in public life, as well as education about and preservation of minority cultures, thus accommodating the demands of linguistic and cultural rights. The link with the central Government can be strengthened by regional representation at the centre. There are successful examples of how territorial autonomy has defused tensions, actually strengthened the sense of inclusion and provided the basis for the preservation of minority communities. However, if not carefully designed, autonomous arrangements may lead to a further fragmentation of the State. Moreover, arrangements should be made to ensure the rights of smaller "minorities within minorities", through power-sharing, cultural autonomy and devolution to local authorities.
- 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
- Date added
- Aug 19, 2019
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 62
- Paragraph text
- Accurate voters' registers are another important precondition for enabling the effective political participation of minorities. Voter registration must be implemented in a non-discriminatory way, taking into account the special needs of minorities as they may arise in the areas of language, cultural appropriateness and accessibility of registration processes.
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph