UN Declaration on Religious Minorities

Crime Against Humanity 
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List of Incidents and Evidence 
By Concerned Citizens Tribunal -Gujarat 2002
Incidents of Post-Godhra Violence

Annexure 16
UN Declaration on Religious Minorities

December 18, 1992
47/135. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and LinguisticMinorities

The General Assembly,
Reaffirming that one of the main purpose of the United Nations, as proclaimed in the Charter of the UnitedNations, is to achieve international cooperation in promoting and encouraging respect for human rights and forfundamental freedoms for all without distinction as to race, sex, language or religion,

Noting the importance of the even more effective implementation of international human rights instrumentswith regard to the rights of persons belonging to national or ethnic, religious and linguistic minorities,

Welcoming the increased attention given by human rights treaty bodies to the non-discrimination andprotection of minorities,

Aware of the provisions of article 27 of the International Covenant on Civil and Political Rights 144concerning the rights of persons belonging to ethnic, religious of linguistic minorities,

Considering that the United Nations has an increasingly important role to play regarding the protection ofminorities,

Bearing in mind the work done so far within the United Nations system, in particular through the relevantmechanisms of the Commission on Human Rights and the Sub-commission on Prevention of Discrimination andProtection of Minorities, in promoting and protecting the rights of persons belonging to national or ethnic,religious and linguistic minorities,

Recognizing the important achievements in this regard in regional, sub-regional and bilateral frameworks,which can provide a useful source of inspiration for future United Nations activities,

Stressing the need to ensure for all, without discrimination of any kind, full enjoyment and exercise ofhuman rights and fundamental freedoms, and emphasizing the importance of the draft Declaration on the Rightsof Persons Belonging to National or Ethnic, Religious and Linguistic Minorities in that regard,

Recalling its resolution 46/115 of 17 December 1991 and taking note of Commission on Human Rightsresolution 1992/16 of 21 February 1992, by which the Commission approved the text of the draft declaration onthe rights of persons belonging to national or ethnic, religious and linguistic minorities, and Economic andSocial Council resolution 1992/ 4 of 20 July 1992, in which the Council recommended it to the General Assemblyfor adoption and further action.

Having considered the note by the Secretary-General,

1. Adopts the Declaration on the Rights of Persons Belonging to National or Ethnic, religious andLinguistic Minorities, the text of which is annexed to the present resolution;

2. Requests the Secretary-General to ensure the distribution of the Declaration as widely as possible andto include the text of the Declaration in the next edition of Human Rights: A Compilation of InternationalInstruments;

3. Invites United Nations agencies and organizations and intergovernmental and non-governmentalorganizations to intensify their efforts with a view to disseminating information on the Declaration and topromoting understanding thereof;

4. Invites the relevant organs and bodies of the United Nations, including treaty bodies, as well asrepresentatives of the Commission on Human Rights and the Sub-commission Prevention of Discrimination andProtection of Minorities, to give due regard to the Declaration within their mandates;

5. Requests the Secretary-General to consider appropriate ways for the effective promotion of theDeclaration and to make proposals thereon;

6. Also request sthe Secretary-General to report to the General Assembly at its forty-eighth session on theimplementation of the present resolution under the item entitled “Human rights questions”.

92 nd plenary meeting
18 December 1992

Declaration on the Rights of Persons belonging to National or Ethnic, Religious and LinguisticMinorities

The General Assembly,

Reaffirming that one of the basic aims of the United Nations, as proclaimed in the Charter, is to promoteand 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 equalrights of men and women and of nations large and small,

Desiring to promote the realization of the principles contained in the Charter, the Universal Declarationof Human Rights, the Convention on the prevention and punishment of the Crime of Genocide, the InternationalConvention on the Elimination of All Forms of Racial Discrimination , the International Covenant on Civil andPolitical Rights, the International Covenant on Economic, Social and Cultural rights, the Declaration on theElimination of All Forms of Intolerance and of Discrimination Based Child, as well as other relevantinternational instruments that have been adopted at the universal or regional level and those concludedbetween individual States Members of the United Nations,

Inspired by the provisions of article 27 of the International Covenant on Civil and Political Rightsconcerning the rights of persons belonging to ethnic, religious or linguistic minorities, Considering that thepromotion and protection of the rights of persons belonging to national or ethnic, religious and linguisticminorities 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,ethnic, religious and linguistic minorities, as an integral part of the development of society as a whole andwithin a democratic framework based on the rule of law, would contribute to the strengthening of friendshipand cooperation among people 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 onHuman Rights, the Sub-commission on Prevention of Discrimination and Protection of Minorities and the bodiesestablished pursuant to the International Covenants on Human Rights 16 and other relevant international humanrights instruments in promoting and pro tecting 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 nongovernmental organizationsin protecting minorities and in promoting and protecting the rights of persons belonging to national orethnic, religious and linguistic minorities,

Recognizing the need to ensure even more effective implementation of international human rights instrumentswith 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 andLinguistic Minorities:

Article 1
1. States shall protect the existence and the national or ethnic, cultural, religious and linguistic identityof minorities within their respective territories and shall encourage conditions for the promotion of thatidentity.

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

Article 2
1. Persons belonging to national or ethnic, religious, linguistic minorities (hereinafter refer to as personsbelonging to minorities) have the right to enjoy their own culture, to profess and practice their own religionand to use their own language in private and in public, freely and without interference or any form ofdiscrimination.

2. Persons belonging to minorities have the right to participate effectively in culture, reli gious,social, economic and public life.

3. Persons belonging to minorities have the right to participate effectively in decisions on the nationaland, where appropriate, regional level concerning the minority to which they belong or the regions in whichthey live, in a manner not incompatible with national legislation.

Article 3
1. Persons belonging to minorities may exercise their rights, including those set forth in the presentDeclaration, individually as well as in community with other members of their group, without anydiscrimination.

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

Article 4
1. States shall take measures when required to ensure that Persons belonging to minorities may exercise fullyand effectively all their human rights and fundamental freedoms without any discrimination and in fullequality before the law.

2. States shall take measures to create favorable conditions to enable Persons belonging to minorities toexpress their characteristics and to develop their culture, language, tradition, and customs, except wherespecific practices are in violation of national law and contrary to international standards.

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

4. States should, where appropriate, take measures in field of education, in order to encourage knowledgeof the history, traditions, language, and culture of the minorities existing within their territory. Personsbelonging 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 participatefully in the economic progress and development in their country.

Article 5
1. National policies and programmes shall be planned and implemented with due regard for the legitimateinterests of Persons belonging to minorities.

2. Programmes of cooperation and assistance among States should be planned and imple-mented with due regardfor the legitimate interests of Persons belonging to minorities.

Article 6
States should cooperate on questions relating to Persons belonging to minorities, inter alia, ex changinginformation and experience, in order to promote mutual understanding and confidence.

Article 7
States should cooperate in order to promote respect for the rights set forth in the present Declaration.

Article 8
1. Nothing in the present Declaration shall prevent the fulfillment of international obligations of States inrelation to Persons belonging to minorities. In particular, States shall fulfil in good faith the obligationsand 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 allpersons 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 presentDeclaration shall not prima facie be considered contrary to the principle of equality contained in theUniversal Declaration of Human Rights.

4. Nothing in the present Declaration may be construed as permitting any activity contrary to the purposeand principles of the United Nations, including sovereign equality, territorial integrity and politicalindependence of States.

Article 9

The specialized agencies and other organizations of the United Nations system shall contribute to the fullrealization of the right and principles set forth in the present Declaration, within their respective fieldsof competence.