A/HRC/4/WG.3/6
page 27
Assessment and recommendations
83. The experts share the opinion expressed by CERD in its general recommendation No. 23
and consider that ICERD covers protection against racially motivated discrimination towards
indigenous peoples. They are of the opinion that an effective countering of racism affecting
indigenous peoples requires a strengthening of the overall protection of their human rights. In
this context, the experts support a swift approval of the aforementioned declaration on the rights
of indigenous peoples.
84. In addition, the experts believe that the universal ratification of ILO Convention No. 169
can also be a significant step towards the protection of the human rights of indigenous peoples.
Therefore, the experts wish to encourage Member States to consider this step as a matter of
priority.
F. Minorities
85. Persons belonging to minorities amount to perhaps 30 per cent of the world population.73
The overall vulnerability of minorities is significantly enhanced in the context of racism, racial
discrimination, xenophobia and related intolerance. The dramatic record of recent genocides and
crimes against humanity provides evidence of the terrible potential of large scale violations of
minority rights. Equally convincing is the observation that protection of minorities is presently
one of the most effective ways to prevent conflicts or ensure sustainable peace. In other words,
protection of minorities is not only a basic guarantee for the rights holders but also one of the
fundamental tools to resolve social problems. Not surprisingly, the rights of minorities is one of
the major concerns addressed throughout the DDPA74 which inter alia “Urges States to take,
where applicable, appropriate measures to prevent racial discrimination against persons
belonging to national or ethnic, religious and linguistic minorities with respect to employment,
health care, housing, social services and education, and in this context forms of multiple
discrimination should be taken into account.”75
86. Article 1, paragraph 1 of ICERD does not specifically address minorities but according to
CERD it “relates to all persons who belong to different races, national or ethnic groups or to
indigenous peoples. If the Committee is to secure the proper consideration of the periodic reports
of States parties, it is essential that States parties provide as far as possible the Committee with
information on the presence within their territory of such groups.”76 In its general
73
See A/HRC/Sub.1/58/19, annex IV, p. 22.
74
See paras 66, 71 and 73 of the Declaration and paras 46 - 49, 74, 124 and 172 of the
Programme of Action.
75
Para. 49 of the Programme of Action.
76
General recommendation No. 24 (1999) concerning article 1 of the Convention, para. 1.
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