Prof.Dan

UNITED NATIONS B e l o n g i n g t o N a t i o n a l o r E t h n i c , Declaration on the Rights of Persons Religious and Linguistic Minorities www2.ohchr.org/english/issues/minorities Introduction Societies throughout the world enjoy ethnic, linguistic and religious diversity. Ending discrimination against minorities requires us to protect and embrace diversity through the promotion and implementation of human rights standards.

UN Member States took a major step in this direction in 1992 when they unanimously adopted the United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities.

The Declaration sets essential standards to ensure the rights of persons belonging to minorities and as such is a key reference for United Nations work. It offers guidance to States as they seek to manage diversity and ensure non-discrimination, and for minorities themselves, as they strive to achieve equality and participation.

This booklet captures the essence of the Declaration, which is printed in full in this publication. Minority Rights 3 www2.ohchr.org/english/issues/minorities Introduction Societies throughout the world enjoy ethnic, linguistic and religious diversity. Ending discrimination against minorities requires us to protect and embrace diversity through the promotion and implementation of human rights standards.

This booklet captures the essence of the Declaration, which is printed in full in this publication. Minority Rights 3 A Roma family, Eastern Europe. States must protect the existence of minorities.

States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.

Article 1 Article 1.1 5 4 A Roma family, Eastern Europe. States must protect the existence of minorities.

Article 1 Article 1.1 5 4 States shall adopt appropriate legislative and other measures to achieve those ends.

States must take measures to protect and promote the rights of minorities and their identity.

A Buddhist funeral rite, East Asia. Article 1.2 7 6 States shall adopt appropriate legislative and other measures to achieve those ends.

States must take measures to protect and promote the rights of minorities and their identity.

A Buddhist funeral rite, East Asia. Article 1.2 7 6 A Maasai woman, East Africa. Article 2 Minorities should not have to hide away their cultures, languages and religions. Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination. Article 2.1 9 8 A Maasai woman, East Africa. Article 2 Minorities should not have to hide away their cultures, languages and religions. Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination. Article 2.1 9 8 A Sikh police officer, Western Europe. Minorities have the right to participate fully in every aspect of society. Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life. Article 2.2 11 10 A Sikh police officer, Western Europe. Minorities have the right to participate fully in every aspect of society. Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life. Article 2.2 11 10 Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.

Political participation enables the voices of minorities to be heard.

Hazara men queuing to vote, Southern Asia. Article 2.3 13 12 Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation.

Political participation enables the voices of minorities to be heard.

Hazara men queuing to vote, Southern Asia. Article 2.3 13 12 Persons belonging to minorities have the right to establish and maintain their own associations.

Minorities can set up associations, clubs or cultural centres to maintain their cultural or religious life, including educational or religious institutions.

Buryat riders preparing to celebrate a festival, Central Asia. Article 2.4 15 14 Persons belonging to minorities have the right to establish and maintain their own associations.

Minorities can set up associations, clubs or cultural centres to maintain their cultural or religious life, including educational or religious institutions.

Buryat riders preparing to celebrate a festival, Central Asia. Article 2.4 15 14 Peaceful contacts of minorities must not be restricted. Persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.

Saharawi women gathering for a wedding, North Africa. Article 2.5 17 16 Peaceful contacts of minorities must not be restricted. Persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.

Saharawi women gathering for a wedding, North Africa. Article 2.5 17 16 A Jewish boy in prayer, Western Europe. Members of minorities can exercise their rights individually or with others.

Persons belonging to minorities may exercise their rights, including those set forth in the present Declaration, individually as well as in community with other members of their group, without any discrimination.

Article 3 Article 3.1 19 18 A Jewish boy in prayer, Western Europe. Members of minorities can exercise their rights individually or with others. Persons belonging to minorities may exercise their rights, including those set forth in the present Declaration, individually as well as in community with other members of their group, without any discrimination.

Article 3 Article 3.1 19 18 Defending minority rights must not be punished.

No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or non- exercise of the rights set forth in the present Declaration.

Afro-descendant children, South America. Article 3.2 21 20 Defending minority rights must not be punished.

No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or non- exercise of the rights set forth in the present Declaration.

Afro-descendant children, South America. Article 3.2 21 20 An African-American graduating, North America.

22 Those belonging to minorities must be able to enjoy all their human rights, not just minority rights.

Article 4 States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law. Article 4.1 23 States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards.

States are required to take positive action to help minority cultures flourish.

A Roma child making music, Southern Europe. Article 4.2 25 24 States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards.

States are required to take positive action to help minority cultures flourish.

A Roma child making music, Southern Europe. Article 4.2 25 24 A Haratin mother and child, West Africa. Minority language education is a key component of protecting the identity of minorities. States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.

Article 4.3 27 26 A Haratin mother and child, West Africa. Minority language education is a key component of protecting the identity of minorities. States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.

Article 4.3 27 26 The history, traditions and cultures of minorities must be reflected in education. States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole.

Muslim kindergarten pupils, East Asia. Article 4.4 29 28 The history, traditions and cultures of minorities must be reflected in education. States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole.

Muslim kindergarten pupils, East Asia. Article 4.4 29 28 States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country.

Everyone, including members of minorities, should be included in progress and development of their societies.

A Christian tenant farmer, South Asia. Article 4.5 31 30 States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country.

Everyone, including members of minorities, should be included in progress and development of their societies.

A Christian tenant farmer, South Asia. Article 4.5 31 30 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities Adopted by General Assembly resolution 47/135 of 18 December 1992 The General Assembly, Reaffirming that one of the basic aims of the United Nations, as proclaimed in the Charter, is to promote and encourage respect for human rights and for fundamental freedoms for all, without distinction as to race, sex, language or religion, Reaffirming faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, Desiring to promote the realization of the principles contained in the Charter, the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, and the Convention on the 33 32 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities Adopted by General Assembly resolution 47/135 of 18 December 1992 The General Assembly, Reaffirming that one of the basic aims of the United Nations, as proclaimed in the Charter, is to promote and encourage respect for human rights and for fundamental freedoms for all, without distinction as to race, sex, language or religion, Reaffirming faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, Desiring to promote the realization of the principles contained in the Charter, the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, and the Convention on the 33 32 Rights of the Child, as well as other relevant international instruments that have been adopted at the universal or regional level and those concluded between individual States Members of the United Nations, Inspired by the provisions of article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious and linguistic minorities, Considering that the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of States in which they live, Emphasizing that the constant promotion and realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities, as an integral part of the development of society as a whole and within a democratic framework based on the rule of law, would contribute to the strengthening of friendship and cooperation among peoples and States, Considering that the United Nations has an important role to play regarding the protection of minorities, Bearing in mind the work done so far within the United Nations system, in particular by the Commission on Human Rights, the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the bodies established pursuant to the International Covenants on Human Rights and other relevant international human rights instruments in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities, Taking into account the important work which is done by intergovernmental and non-governmental organizations in protecting minorities and in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities, Recognizing the need to ensure even more effective implementation of international human rights instruments with regard to the rights of persons belonging to national or ethnic, religious and linguistic minorities, Proclaims this Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities:

35 34 Rights of the Child, as well as other relevant international instruments that have been adopted at the universal or regional level and those concluded between individual States Members of the United Nations, Inspired by the provisions of article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious and linguistic minorities, Considering that the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of States in which they live, Emphasizing that the constant promotion and realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities, as an integral part of the development of society as a whole and within a democratic framework based on the rule of law, would contribute to the strengthening of friendship and cooperation among peoples and States, Considering that the United Nations has an important role to play regarding the protection of minorities, Bearing in mind the work done so far within the United Nations system, in particular by the Commission on Human Rights, the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the bodies established pursuant to the International Covenants on Human Rights and other relevant international human rights instruments in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities, Taking into account the important work which is done by intergovernmental and non-governmental organizations in protecting minorities and in promoting and protecting the rights of persons belonging to national or ethnic, religious and linguistic minorities, Recognizing the need to ensure even more effective implementation of international human rights instruments with regard to the rights of persons belonging to national or ethnic, religious and linguistic minorities, Proclaims this Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities:

35 34 Article 1 Article 2 1. States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.

2. States shall adopt appropriate legislative and other measures to achieve those ends.

1. Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.

2. Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life.

3. Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. 4. Persons belonging to minorities have the right to establish and maintain their own associations.

5. Persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.

1. Persons belonging to minorities may exercise their rights, including those set forth in the present Declaration, individually as well as in community with other members of their group, without any discrimination.

2. No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or non- exercise of the rights set forth in the present Declaration.

1. States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law.

Article 3 Article 4 37 36 Article 1 Article 2 1. States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity.

2. States shall adopt appropriate legislative and other measures to achieve those ends.

2. Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life.

2. No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or non- exercise of the rights set forth in the present Declaration.

Article 3 Article 4 37 36 2. States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards.

3. States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.

4. States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole.

5. States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country. Article 5 Article 6 Article 7 1. National policies and programmes shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities.

2. Programmes of cooperation and assistance among States should be planned and implemented with due regard for the legitimate interests of persons belonging to minorities.

States should cooperate on questions relating to persons belonging to minorities, inter alia, exchanging information and experiences, in order to promote mutual understanding and confidence.

States should cooperate in order to promote respect for the rights set forth in the present Declaration.

39 38 2. States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards.

2. Programmes of cooperation and assistance among States should be planned and implemented with due regard for the legitimate interests of persons belonging to minorities.

States should cooperate on questions relating to persons belonging to minorities, inter alia, exchanging information and experiences, in order to promote mutual understanding and confidence.

States should cooperate in order to promote respect for the rights set forth in the present Declaration.

39 38 41 40 Article 8 1. Nothing in the present Declaration shall prevent the fulfilment of international obligations of States in relation to persons belonging to minorities. In particular, States shall fulfil in good faith the obligations and commitments they have assumed under international treaties and agreements to which they are parties.

2. The exercise of the rights set forth in the present Declaration shall not prejudice the enjoyment by all persons of universally recognized human rights and fundamental freedoms.

3. Measures taken by States to ensure the effective enjoyment of the rights set forth in the present Declaration shall not prima facie be considered contrary to the principle of equality contained in the Universal Declaration of Human Rights. 4. Nothing in the present Declaration may be construed as permitting any activity contrary to the purposes and principles of the United Nations, including sovereign equality, territorial integrity and political independence of States.

The specialized agencies and other organizations of the United Nations system shall contribute to the full realization of the rights and principles set forth in the present Declaration, within their respective fields of competence. Article 9 41 40 Article 8 1. Nothing in the present Declaration shall prevent the fulfilment of international obligations of States in relation to persons belonging to minorities. In particular, States shall fulfil in good faith the obligations and commitments they have assumed under international treaties and agreements to which they are parties.

2. The exercise of the rights set forth in the present Declaration shall not prejudice the enjoyment by all persons of universally recognized human rights and fundamental freedoms.

The specialized agencies and other organizations of the United Nations system shall contribute to the full realization of the rights and principles set forth in the present Declaration, within their respective fields of competence. Article 9 Photo credits © Press Association © Shah Marai/AFP/Getty Images © Heidi Bradner/Panos© Andrew McConnell/Panos © Deliss/Godong/Panos © Jeremy Horner/Panos © Mario Tama/Getty Images © Dimitar Apostolov © Ferdinand Reus © Adam Dean/Panos © Yannis Kontos/Polaris, Panos © Luiza Puiu © Jean-Leo Dugast/Panos© Kristen Harrison/MRG Page 10 Page 12 Page 14Page 16 Page 18 Page 20 Page 22 Page 24 Page 26 Page 28 Page 30 Page 4 Page 6Page 8 42 Photo credits © Press Association© Shah Marai/AFP/Getty Images © Heidi Bradner/Panos © Andrew McConnell/Panos © Deliss/Godong/Panos© Jeremy Horner/Panos © Mario Tama/Getty Images © Dimitar Apostolov © Ferdinand Reus © Adam Dean/Panos© Yannis Kontos/Polaris, Panos © Luiza Puiu © Jean-Leo Dugast/Panos © Kristen Harrison/MRG Page 10 Page 12 Page 14 Page 16 Page 18Page 20 Page 22 Page 24 Page 26 Page 28Page 30 Page 4 Page 6 Page 8 42 Made of paper awarded the European Union Eco-label, reg.nr FI/11/1, supplied by UPM.