Factsheet - Minorities

"Minorities or indigenous peoples are the most frequent targets of genocide" – Juan E Méndez, former UN Special Adviser to the Secretary-General on the Prevention of Genocide

Minorities are at particular risk of gross human rights violations. As the former UN Special Adviser on the Prevention of Genocide wrote, "Over the past century, minorities have found themselves particularly vulnerable, whether from colonial exploitation, authoritarianism of different political hues, or ethnic or religious intolerance. In case after case they have found themselves excluded from the concept of the nation or state as formulated by ruling elites, and outside its protection, with tragic consequences."

Who are minorities?

‘Minority’ is an international legal term, based on international (UN) sources. It is applicable everywhere in the world. The International Covenant on Civil and Political Rights (ICCPR) refers to 'ethnic, religious and linguistic' minorities, and article 27 of the ICCPR, in particular, contains specific provisions to protect them. The UN Human Rights Committee made it very clear that it is not for states to determine who and who is not a minority, but something that should be determined by ‘objective criteria’. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UNDM) elaborates in greater detail the rights that protect minorities under international law.

Individuals can choose to identify themselves as belonging to different ethnic, religious or linguistic groups and there may be overlapping minority groups within a particular area. Individuals may sometimes be reluctant to recognize themselves as members of a minority due to particular domestic issues, including a negative use of the word, or fear that by being considered a minority would make a political statement about the status of a particular place.

The existence of a minority group entitles it and its members to minority rights. Recognizing the existence of a group does not mean that a group is making a statement about the political status of a particular region. Minorities often lack relative power in society - i.e. the ability to affect the decisions that concern them. Minority rights are designed to protect them.

back to top

How minority rights can benefit minorities

  • The objective of minority and indigenous peoples' rights is to eliminate the discrimination and marginalization of vulnerable groups, and to ensure that their identity, culture, religion and language are protected.
  • The rights framework is crucial for minorities and indigenous peoples as it provides a legal minimum standard of treatment to protect people and a baseline for states in their promotion of a democratic and equitable society for all people.

There are four pillars of minority rights:

The right to exist. Protecting minorities from genocide, ethnic cleansing and other mass atrocities. The prohibition of genocide, crimes against humanity and war crimes is most strongly embodied in the UN Convention on the Prevention and Punishment of the Crime of Genocide and in the Rome Statute of the International Criminal Court (Articles 3 to 8). Although genocide and ethnic cleansing are not only directed at minorities, such groups are the most frequent targets of these crimes.

The right to non-discrimination. Protecting minorities from direct or indirect discrimination on the basis of ethnic, religious, linguistic or cultural identity. The right to non-discrimination is contained in all UN human rights treaties and is addressed in particular under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The right to non-discrimination protects individuals against any distinction, exclusion, restriction or preference which may have the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise of their human rights and fundamental freedoms. The ICERD also enables states parties to take temporary ‘special measures’ in the social, economic, cultural and other fields to help individuals overcome discrimination (Article 2.2).

The right to protection of identity. Preserving the freedom of minorities to practice their culture, religion and language in the public and private spheres; and taking measures to enable minorities to develop their culture, religion or language. This right is recognized in Article 27 of the International Covenant on Civil and Political Rights (ICCPR) and in Article 30 of the Convention on the Rights of the Child (CRC).

The right to participation. Ensuring that minorities can participate in decision-making that affects them and can form their own associations freely. This right is recognized in Article 25 of the ICCPR and in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UNDM) (Article 2.3).

back to top

Resources

back to top