Independent Expert on minority issues

International standards

The Independent Expert is guided in her mandate by international standards relating to the rights of minorities, including the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities. She is also informed by provisions of other international treaties specifically relating to minority rights, including article 27 of the International Covenant on Civil and Political Rights and article 30 of the Convention on the Rights of the Child. She notes that the rights guaranteed in all other UN human rights conventions apply equally to members of minority groups. The work of treaty monitoring bodies including the Human Rights Committee (HRC) and the Committee on the Rights of the Child (CRC) also provide valuable sources of expertise. In addition, her work refers to and benefits from other existing regional human and minority rights instruments and mechanisms.

Based on the above international standards relating to minority rights, and information received from a variety of sources, the Independent Expert identifies four broad areas of concern relating to minorities around the world:

- protecting a minority’s existence, including through protection of their physical integrity and the prevention of genocide;

- protecting and promoting cultural and social identity, including the right of individuals to choose which ethnic, linguistic or religious groups they wish to be identified with, and the right of those groups to affirm and protect their collective identity and to reject forced assimilation;

- ensuring effective non-discrimination and equality, including ending structural or systemic discrimination; and

- ensuring effective participation of members of minorities in public life, especially with regard to decisions that affect them.

In addition, the Independent Expert notes the collective nature of minority rights. This holds importance for the promotion and protection of minority identity and visibility, for the informed collective participation of these groups in decisions that affect their rights and resources, and for securing collective claims to linguistically and culturally appropriate education, land and other shared assets.