Recommendations to the UN Working Group on Minorities - joint intervention by MRG and minority activists

4 March 2004

Thank you Mr Chairman,

This intervention is made on behalf of the following non-governmental organizations:

Minority Rights Group International (MRG)
Union Chretienne pour l'eduacation et le developpement des desherites (UCEDD), Burundi
Rencontre Africaine pour la defense de droits de l'homme (RADDHO), Senegal
Ogiek Peoples Development Program (OPDP), Kenya
Ikwerre Movement for Justice, Nigeria
Ain O Salish Kendra (ASK), Bangladesh
ASK, Serbia & Montenegro
Gudina Tumsa Foundation (GTF), Ethiopia
Human Rights Lawyers Forum, India
Centre for Human Rights NIS, Serbia & Montenegro
Asian Muslim Action Network in the Philippines (AMANPHIL), Philippines
Kahiusahan Sa Mga Higaonon Inc, Philippines
Hay Gin Armenian Women's Platform, Turkey
Contemporary Lawyers Association, Turkey
The Caucasian Refugees Council, Russian Federation
Yekaterinburg Gypsy National Cultural Autonomy "Roma Ural", Russian Federation
The Multicultural Coalition of Botswana , Botswana
National Catholic Commission for Justice and Peace, Pakistan
The Institute for Studying, Analyzing and Development of Legal Aid (LP3BH), Indonesia
Borok Women's Forum Twipra (BWFT), India
The League of Muslim Women of Kenya, Kenya
OFRANEH Organizacion Fraternal Negra, Honduras
Federation of Western Thrace Turks in Europe, Germany
Foundation for Research and Support of Indigenous Peoples of Crimea, Ukraine
Afghan Professional Alliance for Minority Rights (APAMR), Afghanistan

First of all, we would like to thank and congratulate you Mr Chairman for all your work as a member of the Sub-Commission and as chair of this Working Group. We appreciate all that you have done for minorities worldwide and wish you all the best in your future endeavors. As we all know this is the landmark 10th session of the Working Group on Minorities, and on this occasion we would like to address the successes of the Working Group and to consider ways to improve its work in future, especially as a forum for constructive debate between minorities and governments.

The Working Group on Minorities remains a unique forum in the United Nations system. It provides the only forum for minority representatives to discuss issues of relevance to them and to engage in a constructive dialogue with States. This session of the Working Group has seen some very useful dialogue between minorities and governments, both during the Working Group meetings and particularly outside the meeting. We strongly support this crucial role of the Working Group. As the Chair and members of the Working Group have noted on several occasions, many of the NGO statements have contained concrete recommendations to governments and also to UN agencies. We would like to see the Working Group experts making more use of these NGO recommendations with a view to making its own recommendations on the specific situations raised by NGOs.

Enhancing the participation of minority representatives is therefore vital if the Working Group is to remain a relevant forum of discussion and sharing of ideas rooted in the reality of minority communities. In view of this, we welcome the draft decision issued by the Sub-Commission for consideration by the Commission at its 60th Session on the establishment of a Voluntary Fund for minorities. Such a Voluntary Fund would facilitate the participation in the Working Group of minority representatives and increase the ability of representatives of minority groups to access the United Nations system and engage in dialogue with their Governments.

We welcome the timing of this year's Working Group session. Holding the Working Group at the same time as the Committee on the Elimination of Racial Discrimination further facilitates minority participation in the UN human rights system. Minority representatives have been able to be present during consideration of their countries by CERD when otherwise it would not have been possible. A number of minority representatives have also been able to attend CERD and learn more about the treaty body system, vital knowledge that they will take back to their countries and put to use when their countries report to the treaty bodies.

We welcome the report of the OHCHR that examines existing UN mechanisms to promote and protect the rights of minorities. The mandate of the Working Group does not permit it to address crisis situations, nor can it act as an early-warning mechanism with regard to situations of tension involving minorities.1 The importance of the UN having a mechanism that addresses potential conflict situations and can take action to prevent it was highlighted by the Secretary-General, Kofi Annan in January 2004 at the Stockholm International Forum when he said "We must attack the roots of violence and genocide... We must protect especially the rights of minorities, since they are genocide's most frequent targets."2 The Secretary-General's statement is very welcome, as are his suggestions for actions to improve the UN capacity for action, such as the appointment of a Special Rapporteur on the prevention of Genocide.

NGOs have been advocating for several years, for the establishment of a mechanism that can act as an early-warning and can take early action in situations of tension involving minorities. The title of such a mechanism is less important than the mandate, which should include the following elements: to receive and investigate communications from individuals and groups alleging violations of minority rights, particularly those which have the potential to lead to conflict; to request information from states regarding these communications and visit the state in question, with a view to undertaking preventive diplomacy; to liaise between UN bodies and agencies, with a view to coordinating initiatives and triggering early action where necessary.

The appointment of a Special Mechanism would be a step towards filling this gap in protection that currently exists. This mechanism would have a mandate distinct to the Working Group, and would complement its work.

We welcome the participation of governments in this session of the Working Group; however, notwithstanding the fact that this is a busy week at the UN, we regret that more governments did not attend and use this opportunity to engage in dialogue with minority representatives present. We are concerned that the Working Group's good initiative of forwarding information from minorities to governments, who do not attend the session, is not a substitute for constructive dialogue at the Working Group.

We welcome the constructive discussion on development and minorities that has taken place during this session of the Working Group.

RECOMMENDATIONS TO THE WORKING GROUP ON MINORITIES

To recommend the establishment of a Special Representative of the Secretary-General on Minorities with a mandate for early warning and early action in situations of tension involving minorities.

To urge governments to approve the draft decision on the establishment of a Voluntary Fund.

To consider making specific recommendations to governments and UN agencies that offer possible solutions to problems involving minorities based on the Working Group's expert analysis of the situations described by NGOs in their statements, and taking into account the recommendations proposed by them.

To consider analysing the interventions of minority representatives, in order to identify recurring patterns of violations and phenomena common to a number of situations, make general recommendations on possible solutions to such problems, and base their choice of thematic issues for the next session on such recurring issues.

To focus in more depth on minorities and development and encourage UN agencies to participate in the sessions of the Working Group and to send interventions by minority NGOs to UN and other development agencies, in order to encourage these agencies to mainstream minority rights in their work.

To engage in direct dialogue with representatives of international and bilateral development agencies, possibly through a seminar, in order to encourage these agencies other UN agencies to further address the situation of minorities within their respective mandates in line with Articles 5 and 9 of the minorities declaration.

To commission a Working Paper on the Millennium Development Goals and Minorities for the 11th Session.

TO THE OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

In order to raise awareness and to promote the work of the Working Group, the Office should issue a press release prior to the session and organize a press briefing during the session. Enhancing the profile of the Working Group would be an important step in encouraging participation in the Working Group by Governments and minority representatives, thus contributing to further dialogue.

TO THE COMMISSION ON HUMAN RIGHTS

To consider proclaiming an International Year for the World's Minorities with a view to enhancing global attention on the situation of minorities. This could focus international attention on issues affecting minorities. It could also assist in promoting Article 9 of the UN minorities declaration by encouraging UN agencies to make minority concerns central in their work. We would urge that activites be carefully planned so that the year addresses once and for all the serious lacks in UN mechanisms for minority protection, results in the achievement of concrete outcomes and improvement in the lives of minorities, and does not lead only to the holding of seminars that do not have any outcomes.

To take note of the Secretary-General's call for filling the gaps that exist in the UN system, whereby there is no mechanism for early warning and early action in situations of tension involving minorities, and recommend the establishment of a Special Representative of the Secretary-General on Minorities, to address this problem.

To show their support for minorities by supporting the establishment of a Voluntary Trust Fund for minorities at the Commission this year, and to consider making contributions to the fund.

TO GOVERNMENTS

To participate in the sessions of the Working Group on Minorities, with a view to sharing information about possible solutions to situations involving minorities, promoting mutual understanding and dialogue, and contributing to the discussions on the annual themes.

To share ideas and recommendations coming out of the Working Group's discussions with their development ministries, in order to strengthen their work with minorities.

1 UN doc. E/CN.4/2004/75, para. 27

2 UN press release SG/SM/9126/Rev.1, 11/02/2004