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Issues Paper Carlos Reyes-Manzo/Andes Press Agency. p Preventing Genocide and Mass Killing State of theWorld’s Minorities 2006 Events of 2004-5 Edited by Richard Green With a preface by Juan E Méndez, UN Special Adviser to the Secretary-General on the Prevention of Genocide Minority Rights Group International 6 Preface Juan E Méndez, UN Special Adviser to the Secretary-General on the Prevention of Genocide 8 Introduction Peoples under Threat Mark Lattimer 19 World 20 Global Trends and Developments Asbjørn Eide 26 International Institutions and Law Gaetano Pentassuglia 43 Africa 44 African Institutions and Minority Rights Rachel Murray 50 Africa Julia Maxted 69 Americas 70 Latin America: Afro-descendants Darién J. Davis 78 Latin America: Indigenous Peoples Theodore Macdonald 88 Caribbean James Ferguson 92 North America Julia Seifer-Smith 99 Asia and Oceania 100 Central Asia Fernand de Varennes 106 North-East Asia Fernand de Varennes 114 South Asia Javaid Rehman 125 South-East Asia James Chin 132 Oceania Nic Maclellan 139 Europe 140 Europe Tove H. Malloy 165 Middle East 166 Middle East Nazila Ghanea 182 References 184 Peoples under Threat 2006 190 Discrimination and Self- Determination Conflicts 192 Status of Ratification of Major International and Regional Instruments relevant to Minority and Indigenous Rights 204 Excerpts from Relevant Instruments Concluding or Coming into Force 2004-5 208 Appendices 209 UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities 211 Select Bibliography 211 Note on the Definition of Minorities and Indigenous Peoples 212 Contributors Preface Juan E Méndez, UN Special Adviser to the Secretary-General on the Prevention of Genocide At the UN World Summit in New York in culture of prevention. Once mass human rights September 2005, the leaders of the world's countries violations or an armed conflict are already unanimously agreed that ‘the promotion and underway, it is much more difficult for the protection of the rights of persons belonging to international community to intervene successfully. If national or ethnic, religious and linguistic minorities potential conflict can be prevented at an early stage, contribute to political and social stability and peace the advantage is immeasurable, being counted in and enrich the cultural diversity and heritage of lives saved as well as destruction avoided. But the society’. It was an important endorsement of the prompt prevention of genocide or other mass value of diversity and a recognition that the violations – which can occur in peacetime as well as protection of minorities makes a vital contribution during armed conflict – requires us to be much to the stability of all our societies, at a time when more aware of the ongoing situations faced by both have been called into question. minorities, and more sensitive to occasions when the In practice, the rights of minorities and discrimination they face deepens or becomes more indigenous peoples continue to be flouted. systematic. This is an important element in the UN Governments in both the South and the North developing a much more coherent and persist in labelling some people a threat simply comprehensive approach to the prevention of because they are members of a minority. Individuals genocide and other mass abuses. are targeted on account of the colour of their skin, That is why I welcome this first edition of the their faith or even the way they dress or speak; State of the World's Minorities, as a major new whole communities are subjected to systematic contribution to our knowledge of disadvantaged or discrimination. In extreme cases, such threatened communities. Effective monitoring of the discrimination leads to mass killing or other crimes situation of minorities and indigenous peoples under international law. around the globe provides an invaluable insight into As the UN Special Adviser to the Secretary- the societies in which we live, and enables those of General on the Prevention of Genocide, I am all too us working for human rights and conflict prevention aware that minorities or indigenous peoples are the at the UN to do our jobs better. More importantly, most frequent targets of genocide. Over the past it is the first step towards ensuring that the human century, minorities have found themselves rights of minorities are protected in reality. p particularly vulnerable, whether from colonial exploitation, authoritarianism of different political hues, or ethnic or religious intolerance. In case after case they have found themselves excluded from the concept of the nation or state as formulated by ruling elites, and outside its protection, with tragic consequences. My mandate refers not only to genocide but also to mass murder and other large-scale human rights violations, such as ethnic cleansing. My first task – working closely with the UN High Commissioner for Human Rights – is to collect information on potential or existing situations or threats of genocide, and their links to international peace and security. On the basis of that information, the Special Adviser acts as an early-warning mechanism to the UN Security Council and other parts of the UN system, including making recommendations on actions to be taken to prevent or halt genocide. The emphasis on prevention in my mandate is very important, and accords with a general shift in the UN moving from a culture of reaction to a Preface State of the World’s 7 Minorities 2006 Introduction Peoples underThreat Mark Lattimer With 2005 marking the 60th anniversary of the Identifying risk factors for ethnic killing liberation of the Nazi death camps, the 90th Attempts to predict the occurence of genocide or