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3 - The United Nations Working Group on Minorities

from PART A - Minorities-specific instruments, provisions and institutions

Published online by Cambridge University Press:  21 July 2009

Kristin Henrard
Affiliation:
Erasmus Universiteit Rotterdam
Robert Dunbar
Affiliation:
University of Aberdeen
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Summary

Introduction

Created in 1995 under the auspices of the Sub-Commission on the Promotion and Protection of Human Rights (‘Sub-Commission’), the Working Group on Minorities (‘WGM’) has the unique global mandate of promoting and protecting the rights of minorities. Its primary normative framework is the non-binding Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (‘Declaration’), adopted by the General Assembly in 1992. While designed to facilitate a ‘more comprehensive handling’ of the Sub-Commission's mandate in protecting minorities, the WGM appreciates that progressive interpretations of non-discrimination clauses or minority-sensitive readings of human rights provide significant minority protection.

As part of the broader UN human rights system, the WGM is cognisant of how the work of other human rights bodies, like the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) Committee, buttresses minority protection. It has urged states to make the Article 14 ICERD declaration, allowing individuals and groups to raise communications with the ICERD Committee. The Article 27 International Covenant on Civil and Political Rights (‘ICCPR’) jurisprudence is particularly relevant, as are socio-economic rights like the right to culture in the International Covenant on Economic, Social and Cultural Rights (‘ICESCR’). The WGM has urged governments to ratify these and other human rights treaties and recommended that the High Commissioner of Human Rights' (‘HCHR’) office continues to train minority representatives in how to utilise general human rights procedures; international financial institutions are encouraged to supply training on minority issues in relation to Millennium Development Goals (‘MDGs’) related programmes.

Type
Chapter
Information
Synergies in Minority Protection
European and International Law Perspectives
, pp. 46 - 87
Publisher: Cambridge University Press
Print publication year: 2009

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References

Gilbert, G., ‘The burgeoning minority rights jurisprudence of the European Court of Human Rights’ (2002) 24 Human Rights Quarterly 736.CrossRefGoogle Scholar
Thio, L., ‘Resurgent nationalism and the minorities problem: the United Nations and post Cold War developments’ (2000) 4 Singapore Journal of International and Comparative Law 300.Google Scholar
Thio, L., ‘The end of the “Remarkable Experiment”: approaches towards minority protection in the aftermath of World War Two’ and ‘The submergence and gradual re-emergence of minorities issues within the UN Human Rights Regime: 1945–1989’, in Thio, L., Managing Babel: The International Legal Protection of Minorities in the Twentieth Century (Leiden and Boston: Brill, 2005), pp. 99–117, 118–60Google Scholar
Henrard, K., ‘Charting the gradual emergence of a more robust level of minority protection: minority specific instruments and the European Union’ (2005) 7 KHRP Legal Review 98.Google Scholar
Henrard, K., ‘The building blocks for an emerging regime for the protection of a controversial case of cultural diversity: the Roma’ (2004) 10 International Journal on Minority and Group Rights183CrossRefGoogle Scholar
Henrard, K., ‘An ever increasing synergy towards a stronger level of minority protection between minority specific and non specific instruments’ (2003/4) 3 European Yearbook on National Minorities 104CrossRefGoogle Scholar
Verstichel, A., ‘Recent developments in the UN HRC's approach to minorities, with a focus on effective participation’ (2005) 12 International Journal on Minority and Group Rights 25.CrossRefGoogle Scholar
During the inter-war era, minorities were considered a European problem: see Thio, L., ‘Battling Balkanization: regional approaches towards minority protection beyond Europe’ (2002) 43 Harvard International Law Journal 409.Google Scholar
Thio, L., ‘Developing a “peace and security” approach towards minorities’ issues' (2003) 52 International Comparative Law Quarterly 115.CrossRefGoogle Scholar

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