A/HRC/4/WG.3/6
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recommendation No. 4 (1973) concerning reporting by States parties (article 1 of the
Convention), CERD invited States parties to include in their periodic reports relevant
information concerning the demographic composition of the population. CERD further
acknowledged that there is an international standard concerning the specific rights of people
belonging to ethnic groups, together with generally recognized norms concerning equal rights for
all and non-discrimination, including those incorporated in the International Convention on the
Elimination of All Forms of Racial Discrimination. At the same time, CERD took a position
against arbitrary treatment of minority groups in recognizing their existence and pointing to the
need for applying the same criteria to all of them, in particular with regard to the number of
persons, their being of a race, colour, descent or national or ethnic origin different from the
majority, or from other groups within the population.77
87. Article 27 of ICCPR guarantees that “In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not be denied the right, in community
with the other members of their group, to enjoy their own culture, to profess and practise their
own religion, or to use their own language.” In its general comment No. 23 (1994) on article 27
(Rights of minorities), the Human Rights Committee states that “the persons designed to be
protected are those who belong to a group and who share in common a culture, a religion and/or
a language.”78 Further, these rights apply to all individuals within the territory of the State party
and not just to citizens alone.79 Lastly, States parties are under an obligation to take positive
measures of protection “not only against the acts of the State party itself … but also against the
acts of other persons within the State party.”80
88. The most comprehensive United Nations instrument dealing with the protection of
minorities is the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities. This document, which lays down specific rights of persons
belonging to minorities and defines the related obligations of States, is however of a non-binding
nature.
Assessment and recommendations
89. The Working Group on Minorities of the Sub-Commission in its recent report indicated
“that addressing the rights of minorities remains one of the most marginalized issues within the
77
Ibid, para. 2.
78
Paragraph 5.1.
79
Idem.
80
Para 6.1. See also CRC, article 30.
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