The General Assembly,
Reaffirming that one of the main purpose of the United
Nations, as proclaimed in the Charter of the United Nations, is to achieve
international cooperation in promoting and encouraging respect for human
rights and for fundamental 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 instruments with 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 and protection of minorities,
Aware of the provisions of article 27 of the
International Covenant on Civil and Political Rights 144 concerning 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 of minorities,
Bearing in mind the work done so far within the United
Nations system, in particular through the relevant mechanisms of the
Commission on Human Rights and the Sub-commission on Prevention of
Discrimination and Protection 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 of human rights
and fundamental freedoms, and emphasizing the importance of the draft
Declaration on the Rights of 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 Rights resolution 1992/16 of 21
February 1992, by which the Commission approved the text of the draft
declaration on the rights of persons belonging to national or ethnic,
religious and linguistic minorities, and Economic and Social Council
resolution 1992/4 of 20 July 1992, in which the Council recommended it to
the General Assembly for 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 and Linguistic 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 and to include the
text of the Declaration in the next edition of Human Rights: A Compilation
of International Instruments;
3. Invites United Nations agencies and organizations
and intergovernmental and non-governmental organizations to intensify
their efforts with a view to disseminating information on the Declaration
and to promoting understanding thereof;
4. Invites the relevant organs and bodies of the United
Nations, including treaty bodies, as well as representatives of the
Commission on Human Rights and the Sub-commission Prevention of
Discrimination and Protection 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 the Declaration and to
make proposals thereon;
6. Also request sthe Secretary-General to report to the
General Assembly at its forty-eighth session on the implementation of the
present resolution under the item entitled "Human rights questions".
The General Assembly,
Reaffirming that one of the basic aims of the United
Nations, as proclaimed in the Charter, is to promote and 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 equal rights of men and
women and of nations large and small,
Desiring to promote the realization of the principles
contained in the Charter, the Universal Declaration of Human Rights, the
Convention on the prevention and punishment of the Crime of Genocide, the
International Convention on the Elimination of All Forms of Racial
Discrimination , the International Covenant on Civil and Political Rights,
the International Covenant on Economic, Social and Cultural rights, the
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based Child, as well as other relevant international
instruments that have been adopted at the universal or regional level and
those concluded between individual States Members of the United Nations,
Inspired by the provisions of article 27 of the
International Covenant on Civil and Political Rights concerning the rights
of persons belonging to ethnic, religious or linguistic minorities,
Considering that the promotion and protection of the
rights of persons belonging to national or ethnic, religious and
linguistic minorities 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 and within a democratic framework based on the rule of law,
would contribute to the strengthening of friendship and 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 on Human Rights, the
Sub-commission on Prevention of Discrimination and Protection of
Minorities and the bodies established pursuant to the International
Covenants on Human Rights 16 and other relevant international human rights
instruments in promoting and protecting 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 non-governmental organizations in protecting
minorities and in promoting and protecting the rights of persons belonging
to national or ethnic, religious and linguistic minorities,
Recognizing the need to ensure even more effective
implementation of international human rights instruments with 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 and Linguistic Minorities:
Article 1
1. States shall protect the existence and the national
or ethnic, cultural, religious and linguistic identity of minorities
within their respective territories and shall encourage conditions for the
promotion of that identity.
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 persons belonging to
minorities) have the right to enjoy their own culture, to profess and
practice their own religion and to use their own language in private and
in public, freely and without interference or any form of discrimination.
2. Persons belonging to minorities have the right to
participate effectively in culture, religious, social, economic and public
life.
3. Persons belonging to minorities have the right to
participate effectively in decisions on the national and, where
appropriate, regional level concerning the minority to which they belong
or the regions in which they 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 present Declaration, individually
as well as in community with other members of their group, without any
discrimination.
2. No disadvantage shall result for any person
belonging to a minority as the consequences of the exercise or
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 fully and effectively
all their human rights and fundamental freedoms without any discrimination
and in full equality before the law.
2. States shall take measures to create favorable
conditions to enable Persons belonging to minorities to express their
characteristics and to develop their culture, language, tradition, and
customs, except where specific 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 have educated
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 knowledge of the history,
traditions, language, and culture of the minorities existing within their
territory. Persons belonging 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 participate fully 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 legitimate interests of Persons
belonging to minorities.
2. Programmes of cooperation and assistance among
States should be planned and implemented with due regard for the
legitimate interests of Persons belonging to minorities.
Article 6
States should cooperate on questions relating to
Persons belonging to minorities, inter alia, exchanging information 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 in relation to Persons
belonging to minorities. In particular, States shall fulfil in good faith
the obligations and 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 all persons 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 present Declaration shall not
prima facie be considered contrary to the principle of equality contained
in the Universal Declaration of Human Rights.
4. Nothing in the present Declaration may be construed
as permitting any activity contrary to the purpose and principles of the
United Nations, including sovereign equality, territorial integrity and
political independence of States.
Article 9
The specialized agencies and other organizations of the United Nations
system shall contribute to the full realization of the right and
principles set forth in the present Declaration, within their respective
fields of competence.