Calling for a Special UN Mechanism on Minorities

9 August 2002

Sub-item 5(c): Prevention of Discrimination and Protection of Minorities

Dear Mr Chairman,

I speak on behalf of the International Federation of Human Rights Leagues, the International Movement Against All Forms of Discrimination and Racism, and Minority Rights Group International.

The signatories to this intervention urge the Sub-Commission to call, in its resolution on the rights of minorities, for the appointment of a special mechanism on minorities, such as a special representative or rapporteur.

We believe that such a mechanism would fill an important gap in the range of tools at the United Nations' disposal for addressing violent conflicts involving minorities. It would work closely with the human rights institutions of the UN in monitoring situations of tension or systematic human rights violations involving minorities, which present a risk of escalating into violent conflict, and in re-enforcing peace-building initiatives in post-conflict situations. The special mechanism would work with the security and peace-keeping organs of the UN in identifying possible preventive action, and would carry out fact-finding and preventive diplomacy, with a view to promoting a peaceful resolution of the issues.

Over the past 18 months, the Sub-Commission, the Working Group on Minorities, and the Secretary-General have all recommended that the Commission consider the possible appointment of some sort of special mechanism on minority issues*. The Working Group on Minorities, which has made this recommendation two years running now, elaborated on the proposal this year to suggest that "The mandate could include […] issues in relation to conflict prevention". This year, we urge the Sub-Commission to move the issue forward by strengthening its language, and adopt a resolution on the rights of minorities explicitly recommending that the Commission on Human Rights appoint a special mechanism such as a special representative or rapporteur on minorities, with a specific mandate to carry out monitoring, fact-finding and preventive diplomacy in situations of tension or systematic human rights violations involving minorities, and recommending possible avenues for the management of tensions and prevention of conflict.

The fact is, minorities still face grave violations in many parts of the world. In addition to suffering from social and economic exclusion and violations of the full range of human rights, minorities are directly affected by violent conflict to a disproportionate degree. As past experience has shown, the existing mechanisms of the Commission have not been able to draw the attention of the UN Secretariat and Security Council effectively to the dangers of violent conflict engulfing minorities. As MRG's briefing on Minorities and Conflict Prevention states, "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".**

Furthermore, the signatories urge the Sub-Commission to recommend the establishment of a voluntary trust fund to facilitate the attendance of minority representatives at the Working Group on Minorities; to call on all states who have not already done so, to issue a standing invitation to all mechanisms of the Commission on Human Rights to visit their country; and to encourage all of the Commission's mechanisms to pay particular attention to the situation of minorities in their work.

Mr Chairman, this year is the 10th anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. In 1992, this document represented a major step forward for minority rights, bringing together for the first time, in a universal instrument, a body of globally accepted minority rights standards. Three years later, the United Nations set up the Working Group on Minorities, which has since carried out crucial work in reviewing the implementation of the Declaration, and proposing measures for the protection of minority rights. The signatories applaud the invaluable work of the Working Group, whilst underlining that much remains to be done to protect the fundamental rights of minorities.

Indeed, the Secretary-General of the United Nations, in a report submitted to the Commission on Human Rights this year, states that "the view has been gaining ground that the effective protection of the rights of persons belonging to minorities is an essential element of efforts to prevent conflict", and intensifies his call for the United Nations "to move from a culture of reaction to a culture of prevention".***

Thank you, Mr Chairman.

* See Sub-Commission on the Promotion and Protection of Human Rights Resolution 2001/9, the Report of the Working Group on Minorities' 8th session E/CN.4/Sub.2/2002/19, and "Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities – Report of the Secretary-General" E/CN.4/2002/91
** MRG Briefing: "Minorities and Conflict Prevention: The Case for a Special Representative", March 2002 (Aussi disponible en français: "Minorités et Prévention des Conflits: argumentation en faveur d'un représentant spécial"
*** Ibid.