Joint intervention to the Commission on Human Rights, calling on the UN to establish a special mechanism on minorities

14 April 2003

Thank you Madam Chair. This is a joint intervention on behalf of the Federation of Human Rights Leagues, the International Movement against all Forms of Discrimination and Racism, Minority Rights Group International and the Bahá'í International Community.

The mechanisms at the United Nations' disposal for combating violations of the rights of minorities are not yet effective, particularly when it comes to preventing violent conflict in situations involving minorities. We therefore welcome the report presented to the Commission in this regard.1

However, we are disappointed that the report failed to state the obvious conclusion to be drawn: that conflict prevention in situations involving minorities is not dealt with in any systematic way by existing UN mechanisms. Only ten of the 27 Commission-level mechanisms or special procedures and only two of the six Treaty Bodies are cited as having even addressed the issue in their work.2 We salute the work of these mechanisms but believe that it is impossible to expect them to deal with this matter comprehensively, given their mandates.

The report recalls the recommendation made by the World Conference Against Racism, to establish 'new and innovative methods and procedures for conflict resolution, mediation and conciliation between parties involved in conflicts or disputes based on racism, racial discrimination, xenophobia and related intolerance'. 3 But it does not inform us whether any steps have been taken to implement this recommendation.

As the report points out, the Working Group on Minorities is 'at the heart of the United Nations' work on minorities'4 and provides 'a forum at which problems faced by minorities can be articulated and brought to the attention of the international community'. However, minority representatives in isolated, conflict-prone areas often find it difficult to travel to the Working Group to raise issues. The report mentions that 'specific proposals for action, including requests for mediation, have been addressed to the Working Group by representatives of minorities. However, to enable the Working Group to meet these requests would require strengthening of the support provided to it and appropriate resources'. 5 But this is only half the story - the Working Group's mandate does not include mediation activities, initiation of early warning or urgent action procedures, or any direct line of communication to New York. Indeed, it reports to the Sub-Commission for the Promotion and Protection of Human Rights, which is prohibited from issuing resolutions concerning specific countries.

The crucial issue, as the tragedy of Rwanda showed, 6 is not simply to identify situations of potential conflict but to ensure that this leads to action by the United Nations bodies in New York charged with preventing violent conflict. 7

For this reason we believe that it is necessary to establish a special mechanism such as a Special Representative of the Secretary-General on Minorities, with a direct channel of communication to the Secretary-General, for the prevention of violent conflict. The mechanism would have a specific mandate to receive communications regarding violations of minority rights and to engage in preventive diplomacy with the parties concerned, which would not duplicate work done by other UN mechanisms.

We also call on the Commission on Human Rights to request that the Office of the High Commissioner produce a report analysing the effectiveness of existing UN mechanisms in addressing violations of minority rights that could lead to violent conflict, and clearly identifying any lacunae.

Thank you Madam Chair.

1 E/CN.4/2003/87 (in accordance with Commission on Human Rights Resolution 2002/57)

2 Ibid, pp. 7-10

3 Report of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, A/CONF.189/12, conclusions and recommendations, paragraph 31

4 E/CN.4/2003/87, p. 12

5 Ibid, p. 11

6 Ibid, p. 7 - the report cites the example of Rwanda, where no action was taken on the warning of impending genocide given by the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions.

7 E.g. the Security Council and the Departments of Political Affairs and Peace-Keeping Operations