Opening Remarks at The European-Central Asian Regional Forum

Excellencies, friends and colleagues,

I wish to start by thanking Dr Fernand de Varennes, UN Special Rapporteur on Minority Issues, and the Government of Austria for organizing and inviting me to take part in today’s event. My thanks also go to the Tom Lantos Institute for supporting organization of this important meeting.  

It is a true pleasure to participate, albeit regrettably only remotely, in the opening of this important event, which continues the by now well-proved practice of the Special Rapporteur on Minority Issues regional preparatory discussions for the annual Forum.  The 30th anniversary of the UN Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities is in itself one of those milestones when we need to stop and take stock of where we started this journey, how far we have travelled and if we are on track to reach our intended destination. 

As the background note states, we find ourselves at a critical juncture, as hopes of consensus on the need and benefit of the fulfillment of minority rights, as part and parcel of human rights, to all society has given way to fragmented approaches.  Violations of minority rights remain evident across the globe and the region we focus on today. In some cases, we even see backsliding on previous progress. This is not a mere analysis of experts, but what we learn when we listen to the plurality of voices of the many and diverse minorities themselves. So we need to listen and reflect, take on board the lessons of what has worked well and what has not worked, so we can course correct for the road ahead.

In this knowledgeable company, there is no need to outline the existing normative frameworks, global and regional, be they binding or non-binding, even if highly relevant to the question of gaps to be discussed.  Instead, I will say a few words about the contextual state of affairs and then briefly touch on the UN’s role and practice, which I hope will also be part of your discussions later and feed into recommendations for how it can be enhanced.

As we approach the 30th anniversary of the Declaration, let us recall the impetus for the various initiatives to create minority rights instruments in the 1990s. These were based on a recognition that majority-minority and inter-ethnic tensions and conflict potential needed to be mitigated by addressing root causes of grievances: first and foremost, the inequalities based on group belonging, the lack of recognition of minority identities and the lack of full and effective participation in all aspects of life of the societies where they lived.  It is fair to say that progress was achieved through the adoption of the various instruments, signaling broad acceptance of the basic approach and the engagement by all sides in the search for solutions to fill the sometimes vague wording of the conventions and declarations, as the monitoring that ensued – and the sharing of examples of application in practice – illustrated.

As the Special Rapporteur has reminded us over the last couple of years, structural inequalities and discriminatory practices and outcomes remain entrenched, as laid even more bare by the COVID-19 pandemic, which is not only a health crisis, but a veritable human rights crisis.  For how many years have we been raising alarm bells over the situation of Roma or religious and other minorities in Europe, but despite valiant initiatives and substantial investments, we have not seen the progress towards equality that we expected? 

Hate speech targeting ethnic, religious, linguistic and other minorities is again on the rise, alarmingly so, amplified by the reach and speed of new technologies. 

Scapegoating and targeting of minorities by non-state actors has also intertwined with various governmental actions restricting civic space in several countries of the region, as elsewhere in the world, making the essential work of civil society organizations more difficult.  Defenders of minority rights, as human rights defenders of various hues, are experiencing a heightened risk of reprisals. 

Participation at local, national, regional and global levels is uneven at best.

Even seemingly established identity-related rights – including what should by now be a rather obvious recognition of multiple and multifaceted identities in our contemporary diverse societies – are again being challenged as assimilation pressures mount and minority language and education rights regress.

So – despite pockets of hope and good practices, which should also be brought to the table in the discussions – overall this is not what we hoped for three decades ago.  Let us indeed take a sober look at frameworks, norms and legislation, mechanisms, institutions and policies – and the good old “political will” question – to identify how we can constructively move the agenda forward, with both regional and global instruments and contexts in mind. 

Changing the trajectory of tensions and conflict narratives to one of solidarity and cooperation, including in cross-border relations, where minorities are having a positive role that all society and good neighborly relations benefits from and that this role is properly recognized is critical. We know that even where minority rights have been well established, the difficulties arise with adequate implementation – especially of the so-called “programmatic rights” with no clear benchmarks for what constitutes compliance or violation – so let us also discuss what accountability instruments we have and how those can be improved.

Now, let me not abuse your time and turn only quickly to some points on the role of the UN mechanisms and institutions.  A key factor – I believe you who are here will all agree – is the convening power of the UN. Indeed, the Special Rapporteur has convened us here today to focus on a specific theme, bringing together a broad range of participants with different perspectives.  We have the human rights mechanisms – the Treaty Bodies and other special procedures, who contribute to the authoritative interpretation of norms and arguably also to standard setting, even if that role is ultimately one that falls to the member states.

Finally, a few words on the role of the UN Secretariat, including the Office of the United Nations High Commissioner for Human Rights.  In addition to our role to support the mechanisms of the Human Rights Council as well as the treaty bodies, we have our own contribution to make both at Headquarters and in the field. This is what ultimately matters, as we should never forget that our work aims to improve the lives of real people.

In addition to substantive work relating to minority rights and anti-discrimination, we also are actively engaging with other UN entities and agencies on joint action.  The Secretary-General’s Call to Action for Human Rights – and its part in the Our Common Agenda – places human rights at the center of all UN activities and – just like the background note to today’s event states with regard to the Declaration – underscores human rights as a problem-solving tool to social and political challenges.  Again, as we all know, minority rights are human rights, and this gives us space to explore further the common actions that the UN System can take with regards to minority rights as a distinct field as well as to mainstreaming them, supporting Member States and civil society in their endeavors to make rights a reality.

One practical example of relevance to this Forum of efforts of the UN System coming together is the UN in Bosnia and Herzegovina, which this year adopted a Plan of Action aimed at stepping up coordinated support to national counterparts to address hate speech.  The most widespread form of hate speech in Bosnia and Herzegovina is along ethnic lines, and it preceded, marked and followed the 1992-1995 conflict and it is, regrettably, practiced also by some political leaders.  Hate speech in the form of denial of atrocity crimes and the glorification of condemned war criminals and other divisive rhetoric has instilled deep distrust and even fear among the population, and particularly among communities who survived atrocity crimes.  The UN in Bosnia and Herzegovina is committed to coordinated activities to support a range of national actors, including authorities and civil society, in addressing both manifestations and root causes of this phenomenon.

I conclude with the commitment to follow the outcome of this and coming deliberations in preparation of the 30th Anniversary of the Declaration and to our continued constructive search for the best way forward for each of us, and for all of us, joined by the common objectives to make the implementation of human rights, including minority rights, a reality.