ICO constantly reviews all the existing treaties and recommendations concerning self-development and minority rights, focusing particularly on mechanisms within the UN and Europe.
These files are part of an open source ICO Library that sustains easy access to the documents for researchers on self-development and minority rights. Our library seeks to facilitate further research and simplify access to human rights mechanisms.
Note: Treaties are legally binding documents in international human rights law e.g. Conventions, but other documents such as Recommendations and Declarations are referred as soft-law as they are not enforceable. Soft-law should be considered as important as treaties, especially in international law, because they lead the development of international standards. For example, all universal human rights treaties are born from the Universal Declaration of Human Rights, which does not legally bind the parties to the UN. Nonetheless, the Declaration is a solid international norm and represents a commitment that paves the way for universal standards. Consequently, it is important for us to include both hard-law and soft-law in the ICO Library.
To read a detailed excel report on the ICO-Library please download ICO- review-on-minority-rights-and-self-development
Please continue reading below for the summary notes and to download particular documents:
| Document Name | Year | Notes | Link |
|---|---|---|---|
| Universal Declaration of Human Rights | 1948 | #Article 2 provides that everyone is entitled to all the rights set forth in the Declaration without distinction of any kind, including, race, language, religion or any other opinion. #Article 15 states that everyone has the right to a nationality and that no one should be arbitrarily deprived of a nationality or denied the right to change nationality. | UDHR |
| International Covenant on Civil and Political Rights | Signed: 1966 Effective from: 1976 | #Article 1 sets forth the right of ‘all peoples’ to self-determination. According to the Human Rights Committee, this right doesn’t belong to minorities per se. The articulation of the rights in #Article 27 is relatively narrow and confined to areas concerned with identity and culture. The wording ‘shall not be denied’ suggests that the State is not obliged to adopt positive measures to promote or assist minorities in exercising their rights. | ICCPR |
| Human Rights Committee General Comment No.23/50 on Article 27 | 1944 | The Human Rights Committee observed that States may be required to adopt ‘positive measures of protection to protect rights from being violated’ by the government and by other persons. Although the introductory phrase of Article 27 of the ICCPR may to exclude newly arrived immigrants, the Human Rights Committee has interpreted it broadly so that it includes all those within a State’s jurisdiction, including migrant workers and visitors. Furthermore, although the rights protected under Article 27 are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language and religion. The Committee has also suggested that the State may need to ensure the ‘effective participation of members of minority communities in decisions which affect them’ in order to guarantee full enjoyment of the right to culture. | HRC General Comment 23 |
| International Covenant on Economic, Social and Cultural Rights | Signed: 1966 Effective from 1976 | Although no article explicitly refers to the rights of minority groups, many articles are relevant to minorities, such as the right to work (#Articles 6 and 7), right to adequate standard of living (#Article 11) and right to education (#Articles 13 and 14). The non-discrimination clause (#Article 2(2)) must be applied immediately, rather than merely progressively. The Committee on Economic, Social and Cultural Rights has made it clear that concrete steps must be taken towards meeting the goals of the ICESCR. | ICESCR |
| Optional Protocol to the International Covenant on Economic, Social and Cultural Rights | Signed: 2008 Effective from: 2013 | Optional Protocol to ICESCR | |
| Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States | 1970 | The Preamble asserts that the General Assembly is convinced that the ‘principle of equal rights and self-determination of peoples constitutes a significant contribution to contemporary international law and that its effective application is of paramount importance for the promotion of friendly relations among States, based on respect for the principle of sovereign equality’. Chapter 5 provides that every state has the ‘duty to promote the realisation of equal rights and self-determination’ and that the State also has a ‘duty to refrain from any forcible action’ which deprives peoples of the aforementioned principle. In doing so, it is established that States have a positive obligation to ensure people enjoy the principle of equal rights and self-determination. | Declaration on Principles of International Law Concerning Friendly Relations of States |
| Helsinki Final Act (OSCE) | 1975 | States are obliged to respect the equal rights of peoples and their right to self-determination and are asked to ‘recall the importance of the elimination of any form of violation of this principle’, which means that the Act doesn’t specifically impose a positive duty on States to ensure the right to self-determination is respected. States are also required to respect and protect the rights of minorities that exist in their territory. Furthermore, States are to recognise and facilitate the contribution of national minorities to the fields of culture and education. | Helsinki Act |
| Charter of Paris for a New Europe (OSCE) | 1990 | The Charter merely reaffirms the equal rights of peoples and their right to self-determination in conformity with the Charter of the UN and the relevant norms of international law, rather than imposing an additional obligation on states to comply with principle of self-determination. On the other hand, the Charter offers a greater commitment to protecting the rights of minorities. The Charter states that minorities will be able to express, preserve and develop their identity without discrimination, and that this contribution from minorities is significant to peace and the friendly relations between states. The Charter also believes that questions relating to minorities can only be resolved in a democratic political framework. The Charter orchestrated a Meeting of Experts on National Minorities to discuss the issue of minorities and the rights of persons belonging to them, with an emphasis on the diversity of situations and to the legal, historical, political and economic backgrounds. | Charter of Paris for a New Europe |
| Vienna Declaration and Programme of Action | 1993 | While one possible interpretation sees this document as a “well crafted but empty exhortation”, it did come to represent as much of a consensus as could be found on human rights in the early 1990s. And it did in fact set new marks in human rights work in several areas. It established the interdependence of democracy, economic development, and human rights. | Vienna Declaration |
| International Convention on the Elimination of All Forms of Racial Discrimination | Signed: 1965 Effective from: 1969 | There are no Articles concerning self-determination or minority rights. The Convention defines ‘racial discrimination’ quite broadly so that it is not limited to formal legal schemes that discriminate on colour. The Committee on the Elimination of Racial Discrimination has consistently considered discrimination against minorities in its examination of reports submitted by States. The Committee has also developed a range of measures towards the prevention of serious violations of the Convention and mechanisms to avoid problems escalating into conflict. | CERD |
| Convention on the Rights of the Child | Signed: 1989 Effective from: 1990 | #Article 2 provides that the rights in the Convention must be guaranteed without discrimination on the basis of, among other qualities, race, colour, language, religion, national origin or ethnic origin. A number of other rights are of relevance to minorities, although an explicit connection has not been made. | CRC |
| Convention on the Elimination of All Forms of Discrimination against Women | Signed: 1979 Effective from: 1981 | There are no clauses that refer specifically to minorities. States are required to eliminate discrimination against women by modifying or abolishing any existing laws, regulations customs or practices that have discriminate based on gender. | CEDAW |
| International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families | Signed: 1990 Effective from: 2003 | Convention on the Protection of Rights of Migrant Workers and their families | |
| Convention on the Rights of Persons with Disabilities | Signed: 2007 Effective from: 2008 | Convention on the Rights of Persons with Disabilities | |
| Declaration on the Rights of Indigenous Peoples | 2007 | Affirms the principle of self-determination by acknowledging the Charter of the UN, the ICCPR, the ICESCR and the Vienna Declaration and Programme of Action, and states that nothing in the Declaration can be used as a mechanism for the denial of the right to self-determination. Indigenous people are explicitly offered the right to form an autonomous local government in order to fulfill their right to self-determination. Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law. | UN Declaration on the Rights of Indigenous People |
| Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities | 1992 | The Declaration covers both civil and political rights as well social, economic and cultural rights. | Declaration on the Rights of People Belonging to Minorities |
| Commentary of the Working Group on Minorities to the United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities | 2005 | This Commentary was designed to serve as a guide to the understanding and application of the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The Working Group on Minorities was disbanded in 2006 and replaced by the Forum on Minority Issues. | Commentary of the Working Group on UN Declaration on Rights of Minorities |
| Convention on the Prevention and Punishment of the Crime of Genocide | Signed: 1948 Effective from: 1951 | The Convention is referred to in the UN Minorities Declaration and related to the protection of groups, including minorities, and their right to exist. There is no mechanism in place to monitor the implementation of the Convention. | Convention on the Prevention and Punishment of Genocide |
| European Charter for Regional or Minority Languages | Signed: 1992 Effective from: 1998 | This treaty was adopted to maintain Europe’s cultural traditions and heritage by respecting the right to use a regional or minority language in private and public life. Article 1 specifically defines minority language as that belonging to a citizen of the State and that which is not an official language of the state. Consequently, this Treaty does not apply to the languages of migrants. | European Charter for Regional and Minority Languages |
| Framework Convention for the Protection of National Minorities | Signed: 1995 Effective from: 1998 | Entire document. | Framework Convention for the Protection of National Minorities |
| Copenhagen Document of 1990 (OSCE) | 1990 | Copenhagen Document | |
| Optional Protocol to the International Covenant on Civil and Political Rights | Signed: 1966 Effective from: 1976 | Optional Protocol to the ICCPR | |
| Convention Against Torture and other Cruel, Inhuman or Degrading Punishment | Signed: 1984 Effective from: 1987 | The Convention does not refer to self-determination or the rights of minorities specifically, members of minority communities have the same right to protection from torture, inhuman and degrading treatment as any other person. | Convention Against Torture |
| General Comment No. 14 of the Committee on Economic, Social and Cultural Rights on the right to the highest attainable standard of health | 2000 | Health facilities should be especially accessible to vulnerable or marginalised sections of society, including ethnic minorities, and respectful and culturally appropriate. | CESCR General Comment 14 |
| Rome Statute of the International Criminal Court | Signed: 1998 Effective from: 2002 | The Statute provides for the prosecution of cases that encompass crimes against humanity, including genocide. Forced transfers of population, including minorities, would be a crime against humanity and so would be tried by the International Criminal Court. | Rome Statute of the International Criminal Court |
| ILO Discrimination (Employment and Occupation) Convention | Signed: 1958 Effective from: 1960 | The Convention requires States to ensure equality in opportunity and treatment in employment, without prejudice towards national or ethnic origin, race or colour. | ILO Discrimination (Employment and Occupation) Convention |
| ILO Declaration on Fundamental Principles and Rights at Work | 1998 | The enjoyment of equality of opportunity and the treatment of minorities are monitored under this Declaration. | ILO Declaration on Fundamental Principles and Rights at Work |
| UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage | Signed: 2003 Effective from: 2006 | The Convention has established a fund and a listing system of representative and endangered heritage. The Convention is open to accession by territories which enjoy full internal self-government but are yet to acquire independence. | UNESCO Convention for the Safeguarding of Intangible Cultural heritage |
| UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions | Signed: 2005 Effective from: 2007 | Preamble, #Articles 2(3), 7(1)(a) | UNESCO Convention on Protection and Promotion of Cultural Diversity |
| Basic Principles and Guidelines on the Rights on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law | 2006 | The principle of restitution could be broadly interpreted to include the right to have one’s status as belonging to a minority restored, particularly where this is provided for under national legislation and if such status is lost as a consequence of displacement. | Right to Remedy for Victims of Gross Violations of International Human Rights Law |
| African Charter on Human and People’s Rights | Signed: 1981 Effective from: 1986 | The Charter seeks to promote the right to self-determination by adding that peoples shall have the right to existence and so be able to determine their own political status, economic policy and social development. | African Charter on Human and People’s Rights |
| Principles and Guidelines on the Implementation of Economic, Social, and Cultural Rights in the African Charter on Human and People’s Rights | The Commission have clearly included minorities under the category of ‘vulnerable groups’. Since the right to self-determination doesn’t include a right to secession, active steps towards the promotion and protection of minority rights are pivotal in order to avoid secessionist movements. | Principles and Guidelines on Implementation of ESC Rights in the African Charter | |
| Constitutive Act of the African Union | 2000 | #Articles 3 and 4 indicate the AU’s commitment to territorial integrity and the promotion of human rights. | Constitutive Act of the AU |
| Protocol to the Constitutive Act of the African Union on the African Court of Justice and Human Rights | Signed: 2000 Effective from: 2003 | Protocol to the Constitutive Act of the AU on the Court of Justice and HR | |
| Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa | Signed: 2003 Effective from: 2005 | Considers the principle of non-discrimination (enshrined in #Article 2 of the African Charter on Human and People’s Rights. | AU Protocol on the Rights of Women in Africa |
| African Charter on the Rights and Welfare of the Child | Signed: 1990 Effective from: 1999 | Although there are no specific references to minorities, #Article 3 states that children should enjoy rights without discrimination towards their race, ethnic group, colour, language, religion, political opinion or national and social origin. | African Charter on the Rights and Welfare of the Child |
| The African Charter on Democracy, Elections and Governance | Signed: 2011 Effective from: 2012 | #Adopted by the African Union, therefore the members of the AU are the state parties to the Charter. | African Charter on Democracy, Elections and Governance |
| AU Convention Governing the Specific Aspects of Refugee Problems in Africa | Signed: 1969 Effective from: 1974 | #Article 4 ensures that the Convention is applied without any discrimination as to race, religion, nationality, membership of a particular social group or political opinion. | AU Convention on Refugee Problems in Africa |
| New Partnership for Africa’s Development | Reiterates the commitment that African leaders should undertake for the protection of human rights. | New Partnership for Africa’s Development Framework | |
| Declaration on Democracy, Political, Economic and Corporate Governance | Reaffirms the importance of human rights protection while acknowledging that minority rights (among other vulnerable groups) need to be advanced further to end moral shame. | Declaration on Democracy, Political, Economic and Corporate Governance | |
| European Social Charter (Revised Version) | Signed: 196 Effective from: 1965 Revised version: 1996 | This Charter is adopted by members of the Council of Europe. It aims to apply the Universal Declaration of Human Rights within Europe. To this end, it is linked to the EU’s Charter of Fundamental Rights. | European Social Charter |
| European Convention for the Protection of Human Rights and Fundamental Freedoms | Signed: 1950 Effective from: 1953 | The Convention only refers to minorities in the Article that upholds the principle of non-discrimination. | European Convention for the Protection of Human Rights and Fundamental Freedoms |
| Charter of the Organisation of American States | Signed: 1948 Effective from: 1951 | OAS Charter | |
| Inter-American Democratic Charter | 2001 | #Article 16. | Inter-American democratic charter |
| Social Charter of the Americas | 2012 | Devotes a chapter to the principles of social development, equal opportunity and non-discrimination. | Social Charter of the Americas |
| Plan of Action of the Social Charter of the Americas | 2015 | Only refers to the principle of non-discrimination with regard to access to education and access to housing. | Plan of Action for Social Charter of the Americas |
| American Declaration of the Rights and Duties of Man | Signed: 1948 Effective from: 1948 | #Articles 2-5 relate to the equality of all persons, right to religious freedom etc and so are applicable to minorities generally even if they aren’t mentioned specifically. | American Declaration of the Rights and Duties of Man |
| American Convention on Human Rights | Signed: 1969 Effective from: 1978 | #Article 1 declares the obligation to respect rights without discrimination. | American Convention on Human Rights |
| Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights | Signed: 1988 Effective from: 1999 | Represents an attempt to take the inter-American human rights system one step further by enshrining the second generation of human rights, i.e. economic, social and cultural rights. It doesn’t refer to minority rights but includes the principle of non-discrimination in #Article 3. | Additional Protocol to American Convention on ESC Rights |
| Charter of the United Nations | Signed: 1945 Effective from: 1945 | #Article 1, #Article 55 | UN Charter |
| ASEAN Human Rights Declaration | 2012 | Contains principle of non-discrimination (Paragraph 2). The Declaration has been widely criticised by civil society groups and international human rights organisations as being a declaration of government powers rather than a declaration for the protection of human rights. | ASEAN Human Rights Declaration |
| ASEAN Charter | Signed: 2007 Effective from: 2008 | Affirms commitment to non-discrimination. | ASEAN Charter |
| Cha-am Hua Hin Declaration on the Roadmap for ASEAN Community | 2009 | Seeks to reinforce commitment to the empowerment of peoples of ASEAN and encouraging solidarity to create an inclusive community. | Cha am Hua Declaration |
| Declaration of the Advancement of Women in the ASEAN Region | 1988 | ASEAN Declaration on advancement of women | |
| Declaration on the Elimination of Violence against Women and Elimination of Violence Against Children in the ASEAN region | 2013 | ASEAN Declaration on Elimination of Violence Against Women and Children | |
| Declaration on ASEAN Unity in Cultural Diversity: Towards Strengthening ASEAN Community | 2011 | Although the rights of minorities are not mentioned explicitly, the Declaration seeks to protect and promote cultural diversity. This can be construed as protecting the language, culture, religion etc of minority communities in order to achieve this cultural diversity. | ASEAN Declaration on Cultural Diversity 2011 |
| World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance | 2001 | Preamble, General Issues Paragraph 63, Programme of Action Paragraph 151; General Issues Paragraphs 66, 71, 73. Programme of Action paragraphs 46, 47, 48, 49, 74(a), 124, 172. | World Conference against Racism, Durban |
| Report of the Special Rapporteur on Contemporary forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance | 2011 | The report focuses on the discrimination against Roma but also considers other minorities and regions outside Europe. | Special Rapporteur on Durban |
| Guidance Note of the Secretary General on Racial Discrimination and Protection of Minorities | 2013 | Entire document. | Guidance Note of SG on Minorities |
| Guidance Note on Human Rights for Resident Coordinators and UN Country Teams | 2016 | Considers the importance of the right of minorities to self-identity, as well as self determination. | UNDG Guidance Note on Human Rights for RCs |
| Guidance Tool on Descent-Based Discrimination: Key challenges and Strategic Approaches to Combat Caste-Based and Analogous Forms of Discrimination | 2016 | This tool considers minority rights extensively but with an emphasis on descent-based discrimination. | Guidance Tool on Descent-Based Discrimination |
| Minority Rights: International Standards and Guidance for Implementation | 2010 | The importance of self-identity of minorities is stressed in this document. | Minority Rights: International Standards and Guidance for Implementation |
| Effective Promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities | 2012 | This report by the Independent Expert considers the role of national institutional mechanisms in the promotion and protection of minority rights. | Independent Expert on Effective Promotion of the Declaration in the Rights of Persons in Minorities |
