As the previous Special Rapporteur’s mandate was extended until 31 October 2023 and the current Special Rapporteur commenced his duties on 1 November 2023, the majority of activities for the 2023 period were conducted by the previous Special Rapporteur, Fernand de Varennes. Since 1 November 2023, the newly appointed Special Rapporteur was engaged with the organisation of the sixteenth session of the Forum on minority issues, entitled ‘Minorities and cohesive societies: equality, social inclusion and socioeconomic participation’. This was held in Geneva on 29 November and 1 December 2023. Due to the late appointment of the Special Rapporteur, the preparation of the Forum process was complex. However, the coordination between the outgoing and incoming Special Rapporteurs and the seamless transition between the two mandate holders ensured the sixteenth session was a success.
His vision for the mandate is articulated around three main issues including the necessity of specific and differentiated treatment due to persons belonging to national or ethnic, religious and linguistic minorities; the interaction between minority rights and individual human rights; and the contribution of minority identities to national identities.
The first issue approaches the idea that the link between non-discrimination and the rights of persons belonging to a minority is central to the protection of minorities. the principle of non-discrimination not only prohibits treating persons differently in the same situation, but also treating persons in different situations equally, because treating people with different needs and characteristics equally could give rise to discrimination. So, this reflect a progression from a narrow interpretation of the right to non-discrimination, focused upon the prohibition of differences in treatment, to an inclusive model that seeks equal participation by recognizing and accommodating differences.
The second issue addresses the interaction between human rights and minority rights, under the idea that the general right to be treated without discrimination by the State under the jurisdiction of which a person happens to be and the additional right to receive specific treatment as a person belonging to a minority group can both be realized simultaneously.
The third issue deals with the importance of highlighting the substantial and positive contribution of minorities to society as a whole, and the ways in which minority identities positively contribute to national identities.
The SR presented seven specific priorities for the mandate. These priorities include the protection and promotion of the rights of persons belonging to national or ethnic, religious and linguistic minorities; the integration of minority issues in United Nations activities and the international community more broadly; the consolidation of forums in which minority voices are heard and the extension of the duration of the Forum on minority issues to three days; the coordination and cooperation to avoid overlapping with other human rights mechanisms that are relevant to the protection of individuals belonging to minority groups and the utilisation of existing regional mechanisms for the safeguarding of human rights in all regions of the globe; the creation of a dedicated fund for minority groups, which would facilitate and encourage the meaningful involvement of minority representatives in a broader array of United Nations activities; the reinforcement of the mandate’s interaction with the Minorities Fellowship Programme and the network of former minority fellows in the fulfilment of its functions; and the development of a global academic network on minority issues.
Moreover, he announced the production of thematic reports on a number of key issues, including minority issues, identity issues, the representation of minorities in national societies, the current impact of the specific political organisation of states on the situation of minorities, minority issues in relationship to diasporas, a mapping of all activities and documents related to minority issues in the multilateral system, and the inclusion of minority issues in the post-2030 agenda. Finally, an examination of the intended audience and practical implications of Article 8 of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities is warranted. This article stipulates that the Declaration should not be interpreted in a manner that would permit any action contrary to the purposes and principles of the United Nations, including the principles of sovereign equality, territorial integrity and political independence of States.
Know more
On the HRC 55th session report of the SR on minority issues
On the Special Rapporteur on minority issues
https://www.ohchr.org/en/special-procedures/sr-minority-issues
March 2024