Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

A/HRC/RES/31/13No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2016.

What other versions does this mandate have?

6 versions · 2010–2024

This is an older version — the most recent is A/HRC/RES/55/15

2024A/HRC/RES/55/15Rights of persons belonging to national or ethnic, religious and linguistic minoritiesLatestCompare with previous version
2022A/HRC/RES/49/14Rights of persons belonging to national or ethnic, religious and linguistic minoritiesCompare with previous version
2018A/HRC/RES/37/14Rights of persons belonging to national or ethnic, religious and linguistic minoritiesCompare with previous version
2016A/HRC/RES/31/13Rights of persons belonging to national or ethnic, religious and linguistic minoritiesCompare with previous version
2013A/HRC/RES/22/4Rights of persons belonging to national or ethnic, religious and linguistic minoritiesCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

5 topics

Administration of Justice Anti-Discrimination Measures Criminal Justice Human Rights Minorities

What does this mandate say?

21 operative paragraphs

Takes note of the report of the Special Rapporteur on minority issues submitted to the Human Rights Council at its thirty-first session, the report on the recommendations of the Forum on Minority Issues at its eighth session and the report of the Special Rapporteur on minority issues to the General Assembly at its seventieth session, with its special focus on minorities and the criminal justice process;

Notes the completion, in November 2015, of the eighth session of the Forum on Minority Issues, addressing the rights of persons belonging to minorities in the criminal justice system, which, through the widespread participation of stakeholders, provided an important platform for promoting dialogue on this topic, and encourages States to take into consideration the relevant recommendations of the Forum;

Takes note of the report of the United Nations High Commissioner for Human Rights on the rights of persons belonging to national or ethnic, religious and linguistic minorities;

Commends the Special Rapporteur on minority issues for the work undertaken in accordance with Human Rights Council resolution 25/5 and for the important role that she has played in raising the level of awareness of and in giving added visibility to the rights of persons belonging to national or ethnic, religious and linguistic minorities, and for her guiding role in the preparation and work of the Forum on Minority Issues, which contributes to efforts to improve cooperation among all United Nations mechanisms relating to the rights of persons belonging to minorities;

Calls upon States to undertake initiatives to ensure that persons belonging to national or ethnic, religious and linguistic minorities are aware of and able to exercise their rights as set out in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and in other international human rights obligations and commitments, and recommends that all measures taken with a view to implementing the Declaration be, to the fullest extent possible, developed, designed, implemented and reviewed with the full, effective and equal participation of persons belonging to national or ethnic, religious and linguistic minorities;

Urges States, while bearing in mind the theme of the eighth session of the Forum on Minority Issues, and with a view to enhancing the implementation of the Declaration and to ensuring the realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities, including at all stages of the criminal justice process, to take appropriate measures by, inter alia:

Reviewing any legislation, policy or practice that has a discriminatory or disproportionately negative effect on persons belonging to national or ethnic, religious and linguistic minorities, with a view to considering its amendment;

Ensuring that all individuals within their jurisdiction enjoy their human rights throughout the criminal justice system in accordance with international human rights law, including the right to a fair trial, the right to legal assistance, the presumption of innocence and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment;

Promoting a composition of law enforcement bodies at the local, regional and national levels that reflects the diversity of the population, including by, as appropriate, fostering the recruitment, promotion and retention of persons belonging to national or ethnic, religious and linguistic minorities, male and female, by the police, the judiciary, prosecution services and prison personnel;

Developing awareness-raising and training initiatives, including for public officials, judges, prosecutors and law enforcement officials, on the rights of persons belonging to minorities and impartial and non-discriminatory application of the law;

Promoting access to mechanisms with the mandate and technical capacity to receive and consider complaints of discrimination, inter alia, against persons belonging to national or ethnic, religious and linguistic minorities in the criminal justice system;

Removing obstacles that prevent persons belonging to national or ethnic, religious and linguistic minorities, including the most vulnerable within the community, such as women, children, persons with disabilities, older persons, those living in conditions of extreme poverty and minorities affected by conflict and/or displacement, from reporting a violation of their rights or having access to formal justice;

Taking adequate measures to address the overrepresentation of persons belonging to national or ethnic, religious and linguistic minorities in pretrial detention or prison;

Working towards detention or imprisonment conditions that take into consideration the needs of prisoners belonging to national or ethnic, religious and linguistic minorities;

Invites national human rights institutions, civil society organizations and other relevant stakeholders to engage regularly with Governments to contribute to the eradication of discriminatory practices by law enforcement agencies and/or the judiciary;

Invites international and regional organizations to continue to give attention to the situations and rights of persons belonging to national or ethnic, religious and linguistic minorities, and in this regard to take into consideration relevant recommendations of the Forum on minority issues;

Welcomes the inter-agency cooperation among United Nations agencies, funds and programmes on minority issues, led by the Office of the United Nations High Commissioner for Human Rights, and urges them to increase further their coordination and cooperation by, inter alia, developing policies on the promotion and protection of the rights of persons belonging to minorities, drawing also on relevant outcomes of the Forum and taking into account the work of relevant regional organizations;

Takes note in particular, in this regard, of the initiatives and activities of the United Nations network on racial discrimination and protection of minorities, coordinated by the Office of the High Commissioner and aimed at enhancing dialogue and cooperation between relevant United Nations agencies, funds and programmes, and invites the network to continue to cooperate with the Special Rapporteur on minority issues and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and to consult and engage with persons belonging to national or ethnic, religious and linguistic minorities and civil society actors;

Requests the High Commissioner to continue to present an annual report to the Human Rights Council containing information on relevant developments of United Nations human rights bodies and mechanisms, and on the activities undertaken by the Office of the High Commissioner at headquarters and in the field that contribute to the promotion of and respect for the provisions of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;

Requests the Secretary-General and the High Commissioner to continue to provide all the human, technical and financial assistance necessary for the effective fulfilment of the mandate of the Special Rapporteur on minority issues and for the activities of the Office of the High Commissioner in the area of rights of persons belonging to national or ethnic, religious and linguistic minorities;

Decides to continue its consideration of this issue in accordance with its programme of work.

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