MINELRES: UN Commission on Human Rights Resolution on Minorities

[MINELRES moderator]

Original sender: Samia Slimane <samiaslimane@hotmail.com>


2004/51.	
Rights of persons belonging to national or ethnic, religious and
linguistic minorities

	The Commission on Human Rights,

	Recalling General Assembly resolution 47/135 of 18 December 1992, and
subsequent resolutions of the General Assembly on the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities,

	Recalling also its resolution 1995/24 of 3 March 1995 as well as
Economic and Social Council resolution 1995/31 of 25 July 1995 and
decision 1998/246 of 30 July 1998 on the mandate of the Working Group on
Minorities of the Sub-Commission on the Promotion and Protection of
Human Rights, 

	Taking note of Sub-Commission resolution 2003/23 of 13 August 2003 on
the rights of minorities and the recommendations contained therein, 

	Considering that the promotion and protection of the rights of persons
belonging to national or ethnic, religious and linguistic minorities
contribute to political and social stability and peace and enrich the
cultural diversity and heritage of society, 

	Recalling General Assembly resolution 57/337 of 3 July 2003 on
prevention of armed conflict, in which the Assembly affirmed, inter
alia, that the ethnic, cultural and religious identity of minorities,
where they exist, must be protected,

	Concerned at the frequency and severity of disputes and conflicts
involving minorities in many countries, and their often tragic
consequences, and that persons belonging to minorities often suffer
disproportionately the effects of conflict resulting in the violation of
their human rights and are particularly vulnerable to displacement
through, inter alia, population transfers, refugee flows and forced
relocation, 

	Concerned also at instances of victimization or marginalization of
persons belonging to minorities in situations of political or economic
instability, 

	Affirming that effective measures and the creation of favourable
conditions for the promotion and protection of the rights of persons
belonging to national or ethnic, religious and linguistic minorities,
ensuring effective non-discrimination and equality for all, as well as
full and effective participation in matters affecting them, contribute
to the prevention and peaceful solution of human rights problems and
situations involving minorities, 

	Emphasizing the importance of the timely identification of human rights
problems and situations involving national or ethnic, religious and
linguistic minorities, 

	Acknowledging the need to promote tolerance within societies, inter
alia through education, in particular human rights education, 

	Welcoming the work of the Working Group on Minorities and its emphasis
on the participation of minority representatives in its deliberations, 

	1. Reaffirms the obligation of States to ensure that persons belonging
to national or ethnic, religious and linguistic minorities may exercise
fully and effectively all human rights and fundamental freedoms without
any discrimination and in full equality before the law, as proclaimed in
the Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities;

	2. Urges all States to promote and protect the rights of persons
belonging to national or ethnic, religious and linguistic minorities, as
set out in the Declaration, and, while applying a gender perspective, to
take, as appropriate, all the necessary constitutional, legislative,
administrative and other measures to promote and give effect to the
Declaration, including the provision of equal access to education, and
facilitate their full participation in economic progress and
development;

	3. Urges States to pay specific attention to the negative impact of
racism, racial discrimination, xenophobia and related intolerance on the
situation of persons belonging to national or ethnic, religious and
linguistic minorities, and draws attention to the relevant provisions of
the Durban Declaration and Programme of Action adopted in September 2001
by the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, including the provisions on forms of
multiple discrimination; 

	4. Calls upon States to give special attention to the promotion and
protection of the human rights of children belonging to minorities,
taking into account that girls and boys may face different types of
risks; 

	5. Also calls upon States to take all appropriate measures to protect
the cultural and religious sites of national or ethnic, religious and
linguistic minorities; 

	6. Invites the human rights treaty monitoring bodies when considering
reports submitted by States parties, as well as special procedures of
the Commission and relevant United Nations agencies and programmes, to
continue to give attention, within their respective mandates, to
situations and rights of persons belonging to national or ethnic,
religious and linguistic minorities; 

	7. Recognizes with appreciation the efforts of the Working Group on
Minorities, as requested by the Sub-Commission on the Promotion and
Protection of Human Rights, in promoting regional and local initiatives
to further the implementation of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities and invites it to strengthen its role as a platform for
interactive dialogue between representatives of Governments and minority
groups and to continue its efforts to hold regional seminars;

	8. Welcomes the efforts of the Working Group on Minorities to review
its activities and the results of its work regarding the timely
identification of minority issues, and notes its recommendation
regarding the possible establishment of a special procedure on minority
issues;

	9. Welcomes in this respect the report of the United Nations High
Commissioner for Human Rights (E/CN.4/2004/75) and notes the proposals
for strengthening the international protection of the rights of persons
belonging to minorities and conclusions contained therein;

	10. Requests the High Commissioner to study options for the timely
identification of minority issues and pertaining measures through the
compilation of the views of Member States, of all relevant parts of the
United Nations system, as well as of regional and international
intergovernmental and non-governmental organizations regarding their
analysis of the activities of the Working Group and its results
achieved, taking into account the assessment and recommendations by the
Working Group as well as the proposals contained in document
E/CN.4/2004/75, and the need to avoid duplication and to make the best
use of all available resources and to report thereon to the Commission
at its sixty-first session;

	11. Invites the High Commissioner to continue his efforts to improve
coordination and cooperation among United Nations agencies and
programmes active in the field of the promotion and protection of the
rights of persons belonging to national or ethnic, religious and
linguistic minorities, inter alia in the framework of the United Nations
Executive Committees for Peace and Security, on Development, on Economic
and Social Affairs and for Humanitarian Affairs, in particular with
respect to the implementation of the Millennium Declaration and the
Millennium Development Goals, and to engage in a dialogue with concerned
Governments for that purpose;

	12. Requests the Secretary-General and the High Commissioner to provide
all the necessary assistance for strengthening the capacity of the
Office of the High Commissioner for Human Rights to deal with minority
issues, and to seek voluntary contributions towards participation of
representatives of non-governmental organizations and persons belonging
to minorities in the work of the Working Group;

	13. Requests the High Commissioner to report to the Commission at its
sixty first session on the implementation of the present resolution;

	14. Decides to continue its consideration of this question at its
sixty-first session under the same agenda item.

56th meeting
20 April 2004
[Adopted without a vote.  See chap. XIV.]