Recommendations to the Working Group on Minorities - Joint statement on behalf of 26 NGOs

31 May 2002

Commission on Human Rights
Sub-Commission on the Promotion and Protection of Human Rights
Working Group on Minorities
Eighth Session
27-31 May 2002
Agenda Item 4. The future role of the Working Group

Mr Chairman,

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

Anglunipe Youth Organisation
Association for Democratic Initiatives
Bangladesh Hindu Buddhist Christian Communities in Switzerland
Bangladesh Indigenous Peoples Forum
Bhutan Women and Children’s Organisation
Casa de la Cultura Indo-Afro-Americana
Center for Interethnic Co-operation
Center for Multiculturality
Centre for Minority Rights Development (CEMIRIDE)
Federal Union of European Nationalities
International Centre for Ethnic Studies
International Movement Against All Forms of Discrimination and Racism (IMADR)
Kurdistan Bar Association
Majlis
Minority Rights Group International
MUDHA (Movimiento de Mujeres Dominico Haitiana)
National Federation of Indigenous Peoples Organisations in the Philippines (KAMP)
Pastoralist Concern Association Ethiopia (PCAE)
Quaker Service in Laos
Sikh Human Rights Group, UK
Society for the Protection of National and Ethnic Minorities in Central Europe
Sudanese Women’s Voice for Peace (SWVP)
Tchad Agir pour l’Environnement
Union pour L’Emancipation de La Femme Autochtone
Western Thrace Minority Graduates Association
World Forum of Fisher People (WFFP)

Thank you Mr Chairman.

This year is the 10th anniversary of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. In this regard we wish to thank the Working Group for its considerable efforts towards the promotion and protection of the rights of minorities and its work in drawing attention to violations of minority rights and seeking solutions for their redress, and we wish to signal our strong desire to work together with the Working Group to strengthen minority protection at the local, national, and international level.

A. Further work of the Working Group

The Working Group on Minorities should provide at least one month in advance of the yearly session, a detailed annotated agenda clearly indicating the organisation of work over the five days of the session, including time set aside for open discussion of the themes and for interventions by minority representatives. If necessary, separate speakers' lists should be established to allow minority representatives and scholars to intervene on each theme of the Working Group session. We also recommend that the Working Group documentation be made available as far in advance as possible of the Working Group session.

With reference to the planned discussion on international development cooperation and the rights of minorities at its ninth session, the Working Group should consider inviting the inter-governmental development agencies and the international financial institutions to provide it with information on their policies and procedures with regard to the rights of minorities.

For the promotion of mutual understanding and dialogue between and among minorities and governments, we urge the Working Group to encourage representatives of States, National Human Rights Institutions and inter-governmental agencies and organisations to participate more fully in its sessions. MRG works every year to encourage such participation and would be happy to discuss ways in which we could work together with the WGM secretariat in this regard. We also urge the WGM to promote dialogue by facilitating the right of reply of NGOs to statements by government delegates. Such an initiative would strengthen the WGM as a forum which guarantees equal participation for all.

We would ask the Working Group to clarify what follow up action is carried out in relation to the recommendations of minority representatives, and that the representatives concerned be kept informed of the follow up procedure. We would also recommend further clarification on the process for feeding in minority concerns to the Sub-Commission and Commission.

We recommend that future Working Paper topics and authors should be selected by the last day of the Working Group, in a transparent way so that they reflect the interests of all participants. Minority NGOs should be invited to collaborate with academic experts on Working Papers. Minority NGOs can support field visits by academic experts to facilitate the link between the theoretical and the practical.

We recommend that the Working Group continue its examination of thematic issues, and that all participants contribute to the selection of themes for in-depth discussion. In particular, to promote the effective participation of minority NGOs and to root the discussions of the WGM in the realities of minority communities, we recommend that the Working Group, when choosing the themes for each annual session, take into account the interventions presented by minority NGOs under agenda item 3(a) in previous and current sessions, many of which point to recurrent problems which they are facing.

Topics for in-depth consideration at future session could include the recognition of minorities, land rights of minorities, minorities and transnational companies, migrants, internally displaced peoples, and religious minorities. Expert members of UN Treaty bodies and development practitioners, could be invited to contribute to the debate.

We recommend that the Working Group commission regionally orientated studies. Areas for consideration at future sessions could include South-East Europe, religious minorities in South Asia and the Pacific, and recognition of minorities in Africa, Latin America and the Caribbean.

To further their review of the promotion and practical realisation of the Declaration on the Rights of Minorities, the expert members of the Working Group are encouraged to make country and region visits, upon the invitation of States or minority NGOs.

We urge the Working Group to recommend the appointment of a Special Representative of the Secretary-General on minorities, and the establishment of a voluntary trust fund to facilitate the participation in its activities of minority representatives, and other activities for the promotion of minority rights. We also urge the Working Group to organise an international conference on minorities and conflict prevention, with broad participation of representatives of minorities, one of the aims of which would be to identify possible measures for the more effective prevention of violent conflict involving minorities within the United Nations. MRG would be very happy to work with the WGM secretariat to bring such a conference to fruition, particularly with regard to participation of minority communities.

We recommend that the Working Group encourages the dissemination of UN advisory services and technical assistance directly to minorities, in order to facilitate their further participation at the national, regional and international level.

The regional expert seminars are a major contribution to the substantial debate taking place in this Working Group. The seminars themselves have shown that local participants benefit immensely from this opportunity since they have the chance to receive and share information on issues of major concern to them. We recommend that a regional seminar be held in the Asian region.

Every year MRG works to promote media coverage of the Working Group session. We would be happy to work together with the Working Group Secretariat to better promote media coverage of future sessions.

A. Further recommendations

TO GOVERNMENTS

Concerning the theme of participation of minorities in the society of which they form a part, we refer to our intervention on item 3(b), attached (Annex 2).

TO GOVERNMENTS AND INTER-GOVERNMENTAL ORGANISATIONS

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

TO THE TREATY BODIES

That the Human Rights Committee in its interpretation and dialogue concerning articles 26 and 27 of the International Covenant on Civil and Political Rights, consider making recommendations as to the desirability of elaborating an optional protocol to the Covenant concerning the rights of persons belonging to national or ethnic, religious and linguistic minorities.

TO UNITED NATIONS SPECIALISED AGENCIES

Under Article 9 of the Declaration, UN specialised agencies shall contribute to the full realisation of the rights and principles as set forth in this Declaration, within their respective fields of competence. Specialised agencies should develop reporting structures that are consistent and regular within their remits so that the Working Group on Minorities can review the application of Article 9.

TO THE OFFICE OF THE UN HIGH COMMISSIONER FOR HUMAN RIGHTS

That the analytical report to be undertaken by the High Commissioner pursuant to paragraph 16 of the Commission on Human Rights resolution of 17 April 2002 on the rights of persons belonging to national or ethnic, religious and linguistic minorities, should attempt to identify those areas where the existing special procedures, human rights treaty bodies and the Working Group on Minorities are unable to take or initiate sufficiently urgent action for the prevention of violent conflicts involving minorities, or to halt grievous or large-scale violations of minority rights. It should also contain an analysis of the desirability of establishing a new special mechanism of the Commission to consider violations of the rights of persons belonging to minorities and the prevention of conflict in situations involving minorities.

TO THE COMMISSION ON HUMAN RIGHTS

To recommend the establishment of a voluntary trust fund to facilitate the participation in the Working Group of minority representatives, and experts from developing countries, translations into minority languages of the United Nations Guide for Minorities including the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and other activities relating to the protection of minorities. Governments should consider contributing to this trust fund.

Further to the findings of the analytical report to be undertaken by the High Commissioner, to consider recommending the appointment of a Special Representative of the Secretary-General on minorities, with a particular mandate to work on prevention of violent conflict. An elaboration of this proposal can be found in Annex 1. Regarding funding of the mandate, consideration may be given to the establishment of a trust fund, and attracting funding from governments on a rotation basis, and from international Trusts and Foundations. This trust fund may be separate to or included within the trust fund for participation of minority representatives in the WGM.

To recommend to the General Assembly to revise its budget measures with regard to human rights work, which have this year resulted in the reduction of funding to many human rights bodies, including the Working Group on Minorities. One of the results of these measures is that the report of the Working Group this year will only be 16 pages long. Last year it was 42. It is impossible for such a report to do justice to the in-depth debates which have taken place this year, on a wide range of subjects, and particularly, to the interventions given by minority representatives, for many of whom this is the only chance to get their concerns tabled at a UN forum and included in an official UN report.

TO GOVERNMENTAL, INTER-GOVERNMENTAL AND NON-GOVERNMENTAL DEVELOPMENT AGENCIES

With regard to measures for mainstreaming minority rights into development policies and programmes, governmental, inter-governmental and non-governmental development agencies should review the recommendations on this topic made in the Working Paper submitted by MRG to the Working Group at this session (see UN Doc E/CN.4/Sub.2/AC.5/2002/WP.6) and the additional recommendations made on this subject at the Durban International Seminar on Cooperation for the Better Protection of Minorities.

We further recommend that special consideration be given to the rights of minorities in plans and strategies for achieving the Millennium Development Goals.

TO REGIONAL AND SUB-REGIONAL ORGANIZATIONS

With reference to the positive work done by the Office of the High Commissioner for National Minorities of the OSCE, to consider the possibility of establishing similar institutions for the early prevention of conflict in situations involving minorities.

In view of the work achieved through the Council of Europe Framework Convention on the Protection of National Minorities and its Advisory Committee, to consider the possibility of similar standard-setting and institutional development in other regions, taking into account the specific conditions in the regions concerned.

Annex 1: Argumentation for the appointment of a Special Representative of the Secretary-General on Minorities

The body of international law that can be applied to minorities reflects a welcome development in the past decade. Evidence of the increased attention given to minority rights is provided by the adoption, in 1992, of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and the establishment of the United Nations Working Group on Minorities in 1995. There is also evidence, however, that more needs to be done. Minorities’ exclusion from political participation and socio-economic development persists and is a major source of inter-community tension in many parts of the world. The severity and the frequency of disputes and conflicts attributable to violations of minority rights indicate that minority protection has to be taken further and that new avenues of conflict prevention need to be found.

The United Nations (UN) recognises that inter-community tensions and conflicts are serious threats to the peace and stability of a region, but it has not yet adequately addressed the interconnected dimensions of minority rights and conflict prevention. Relevant human rights special procedures of the Commission on Human Rights and treaty bodies – none of which are entrusted with a minority-specific mandate – may highlight concerns with respect to minority issues within their broader human rights mandates. However, there is insufficient follow-up to their conclusions and recommendations. Alarmingly, there is a serious lack of co-ordination between the human rights programme in Geneva and the organisation's decision-making bodies in New York. The Secretariat’s failure to act on information from a special procedure of the Commission resulted in what has been referred to by the UN itself as the ‘preventable genocide’ of 1994 in Rwanda.

Grave atrocities, such as the one in Rwanda, have alerted UN human rights mechanisms to the need for procedures that can prevent or limit the outbreak of ethnic conflicts. There is a clear need to introduce an effective minority-oriented conflict prevention mechanism into the UN human rights system. The appointment of a UN Special Representative of the Secretary-General on Minorities would provide the best institutional response to existing or potential situations involving minorities.

The proximity of the Special Representative to the UN Secretariat would ensure effective early warning on situations involving minorities and proper follow-up to such situations within the core activities of the UN organisation. Preventive activities would be pursued by the Special Representative in cooperation with relevant UN bodies and agencies, as well as regional institutions and mechanisms. The Special Representative’s task would be to ensure adequate solutions to specific problems that are both politically viable and in line with international minority standards. The nature of this expert’s involvement would also enhance the focus on technical assistance to address the problems that lie at the root of tensions and conflicts involving minorities.

With regard to conflict, the Secretary-General has called on the U.N. to move from a culture of reaction to a culture of prevention*. He has also stated that the need for effective mechanisms to protect minorities and other vulnerable groups is as great now as it has ever been**.

Furthermore, existing mechanisms of early warning regarding conflicts involving minorities, such as that of the Committee on the Elimination of Racial Discrimination, have not proved to be fully satisfactory.

In 2001, the Sub-Commission for the Promotion and Protection of Human Rights and the Working Group on Minorities, have recommended the appointment of a Special Representative on Minorities.

* Report of the Secretary General to the CHR on the Rights of Persons Belonging to … Minorities (E/CN.4/2002/91) ** Statement of the Secretary General to the CHR on 12 April 2002

ANNEX 2: INTERVENTION ON ITEM 3(b) WORKING GROUP ON MINORITIES 8TH SESSION Geneva 27th - 31st 2002

Minority Rights Group International Speaker: Chris Chapman

Thank you Mr Chairman,

I represent Minority Rights Group International. I would like to make a brief intervention to draw the attention of all present to MRG’s publication, Public Participation and Minorities, by the eminent professor of Public Law, Yash Ghai. This report is a very useful resource for all interested in the issue being discussed here, of the “Rights of effective participation of minorities in the society of which they form a part”. It outlines many frameworks for the participation of minorities in decision-making processes, and cites examples from a wide number of countries.

Unfortunately the report is available in electronic form only at present, as it has sold out. MRG intends to reprint it, but in the meantime it can be obtained from MRG’s website in PDF format, or by e-mail on request.

The report also contains recommendations for ensuring effective participation of minorities in all areas of public life, a selection of which I would like to cite here.

• All states and regional intergovernmental organisations should provide for and facilitate the effective participation rights of minorities and indigenous peoples in keeping with international norms.
• Because citizenship is generally the key to participation rights, those states that have restrictive laws on the acquisition of citizenship should review their laws to enable people who move from one state to another for settlement purposes to acquire citizenship.
• States should guarantee to immigrants key participation rights at the national and local levels after, at most, five years of residence.
• States should devise electoral laws to encourage political parties to broaden their appeal to members of minorities and indigenous peoples and require or encourage political parties to nominate a minimum specified proportion of candidates from minorities and indigenous peoples.
• Legislative procedures should allow representatives of minorities and indigenous peoples, and minority-representative institutions, a special role – such as initiation, prior consultation and special voting rights – regarding any bill with a major bearing on minority rights.
• States engaged in post-conflict transition should adopt systems of power sharing, at least for a limited period, and such power sharing should be based wherever possible on parties rather than on ethnicity.
• Group or cultural autonomy should be provided when the minority or indigenous people desires it. Group autonomy should be based on self-identification, allowing individual members of minorities and indigenous peoples to opt out of that autonomy. Within territorial or group autonomy arrangements, there should be provisions to protect the rights and legitimated interests of women and of groups that become minorities as a result of the autonomy.
• States should set up institutions, such as minorities ombudspersons to ensure fair treatment of minorities and indigenous peoples, and the promotion of minority and indigenous participation in public and economic life.
  

Thank you, Mr Chairman.