Minorities: A Working Definition
(UN Doc. E/CN.4/Sub.2/AC.5/1997/WP.1, p. 6)
ARTICLE 1
"Minority" denotes a group of persons in principle persons
in principle permanently resident in the territory of a State, numerically
fewer than the remaining population of that State, in other words constituting
less than half of its population, endowed with national or ethnic,
religious and linguistic and other related characteristics (culture, traditions
and so forth) distinct from similar characteristics of the rest of the
population, and displaying a will to preserve the existence and identity
of the group. This shall not be interpreted as authorizing or encouraging
any action aiming at depriving anyone of the status of citizen or permanent
resident.
ARTICLE 2
Nothing shall prevent a group of persons endowed with
the above-mentioned characteristics who are not permanently resident in
the territory of a State from being considered as a minority.
ARTICLE 3
Nothing shall prevent a group of persons endowed
with the above-mentioned characteristics who are permanently resident in
a particular region of a State and are numerically fewer than the remaining
population living only in that region from being considered as a minority.
ARTICLE 4
Nothing shall prevent a group of persons endowed
with the above-mentioned characteristics who are not numerically fewer
than the remaining population of the State, or any region of the State
in which such persons are resident, from being considered as a minority
for the purposes of affording the regime for the protection of minorities.
ARTICLE 5
Nothing shall prevent consideration as a minority from
being granted only to a group of persons endowed with the above-mentioned
characteristics who are citizens of the State in question. This should
not be interpreted as impairing the human rights and fundamental freedoms
of other persons residing in its territory.
ARTICLE 6
The following shall not be treated as minorities:
(a) Indigenous populations;
(b) Groups of persons who are regarded as peoples
and accordingly enjoy the right to self-determination;
(c) Groups of persons endowed with the above-mentioned
characteristics who manifestly have no will to preserve their identity;
(d) Groups of persons endowed with the above-mentioned
characteristics but so few in number that there is no real possibility
of establishing any special regime of protection for them;
(e) Groups of persons endowed with the above-mentioned
characteristics who occupy a dominant position in the State.
ARTICLE 7
If there is any doubt as to whether the groups referred
to in paragraph (c) of the preceding article do not have a will to preserve
their identity, there shall be a presumption that they do have a will to
preserve it.
ARTICLE 8
Should the question arise of applying any other definition,
together with the definition of minorities, to any group of persons, preference
shall be given to the definition the application of which entails affordiing
the most favourable regime to such group, if it is not possible to superpose
such definitions and the regimes resulting therefrom.
RETURN TO UPDATE PAGE