Description

The concept of minority rights has been a contentious issue in international law. This article provides a historical overview of the development of minority rights in the United Nations framework. It chronicles the evolution of minority rights from the League of Nations to the UN human rights regime.  The article begins with the challenge of defining “minority” in international law and then examines how the Permanent Court of International Justice, the UN Sub-Commission on the Prevention of Discrimination and the Protection of Minorities, the Memorandum of the UN Secretary-General, and Special Rapporteur Francesco Capotorti’s study contributed to defining “minority” and their rights. The author notes that though Capotorti’s study was instrumental in shaping the UN’s approach to minority rights, defining minority is a complex issue and there is no universally accepted definition. The article then delves into the integration of minority rights in the UN system.  It scrutinises the minority rights sessions of the Commission on Human Rights and the UN General Assembly. The article further explores the minority rights elements in the UN human rights treaties and other relevant international conventions. Moreover, it sheds light on the Declaration on the Rights of Persons Belonging to National, Ethnic, Religious, or Linguistic Minorities and later developments. In the end, the article assesses the legitimacy and efficacy of the UN minority rights system and concludes that, despite progress in minority rights protection, much remains to be done. It further suggests that the UN should continue to promote and protect minorities and that a comprehensive international treaty is still needed.

Keywords: Minorities, Genesis of Minority Rights, Recognition of Minority Rights in International Law, Minorities in the UN Systems.