Minority rights include both individual rights granted to members of racial, ethnic, class, religious, linguistic, or gender and sexual minorities, as well as collective rights granted to any minority group. Minority rights are the rights of groups that are underrepresented in the society. The members of minority groups face different obstacles such as prejudice, discrimination, lack of representation in government, lack of resources and access to opportunities. Despite progress, challenges for minority rights continue, inclusivity and solutions must be addressed to ensure minority rights protection in many nations.
Individual rights are frequently denied because of membership in a minority group, according to civil-rights groups. The worldwide women's rights and global gender inequality rights movements, as well as different racial minority rights movements throughout the world (such as the Civil Rights Movement in the United States), are examples of civil-rights. Section 42 constitution of the federal republic of Nigeria 1999 provides for the freedom from discrimination. This provision seeks to prevent any discriminatory acts or treatment from being metted out to any citizen on grounds of ethnic group, place of origin, sex, religion or political opinion. Article 7 UDHR talks about equality before the law and freedom from discrimination.
Prior to World War I, only three European countries recognized ethnic minority rights and adopted minority-protection legislation: Hungary (1849 and 1868), Austria (1867), and Germany. The United Nations Minorities Declaration, adopted in 1992, refers to minorities as having a national or ethnic, cultural, religious, or linguistic identity and states are required to defend their existence. There is no generally agreed-upon definition of which groups are considered minorities. It is frequently emphasized that the existence of a minority is a matter of fact, and that any definition must include both objective factors (such as the existence of a shared ethnicity, language, or religion) and subjective factors (such as individuals identifying themselves as members of a minority).
Minority rights were first recognized and protected under international law by the League of Nations through the passage of various "minority treaties." When the United Nations was established in 1945 to replace the League of Nations, which eventually evolved a variety of minorities-related principles, processes, and institutions. The 1966 International Covenant on Civil and Political Rights and the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities (hereinafter: United Nations Minorities Declaration) specifically recognize and protect the rights of minorities.
However, in practice, these rights are far from being implemented. Minority rights must be promoted and protected by paying special attention to issues such as the recognition of minorities' existence; efforts to ensure their rights to non-discrimination and equality; the promotion of multicultural and intercultural education, both nationally and locally; the promotion of their participation in all aspects of public life; the inclusion of their concerns in development and poverty-reduction processes; and disparities in sex. Minorities are frequently victims of violent conflicts and internal instability across the world. The plight of refugees, immigrants and persons living with disabilities from minority groups, particularly women and children, is of particular concern. National or ethnic minorities, as well as religious and linguistic minorities, are frequently victims of multifaceted discrimination and may lack access to among other things, sufficient housing, land and property, and often times tha not even a nationality.
Minority rights include the following:
1. Right to freedom of religion and culture
2. Right to self-determination
3. Right to secession
4. Issue of genocide
5. Political and environmental rights.
6. Unequal access to resources.
The right not to be discriminated against is fundamental to defending the rights of people belonging to minorities across the world. Minorities everywhere face direct and indirect discrimination in their everyday lives, both de jure and de facto. Non-discrimination and equal treatment under the law are two fundamental principles of international human rights law(Universal Declaration of Human Rights). The concept of non-discrimination bans any distinction, exclusion, limitation, or preference that has the aim or effect of diminishing or nullifying the recognition, enjoyment, or exercise of all rights and freedoms by all individuals on an equal basis. It is not necessary to establish discriminatory intent.
Direct and indirect discrimination are both prohibited under international human rights law. Indirect discrimination is more subtle and hence more difficult to detect and eradicate. It happens when a practice, rule, or demand appears to be neutral but has a disproportionate influence on some groups, unless the practice, rule, or requirement is necessary and suitable to achieve a valid goal. International human rights law provides for the adoption of special measures in favour of certain persons or groups for the purpose of eliminating discrimination and achieving full equality, not only in law but also in practice. The International Convention on the Elimination of All Forms of Racial Discrimination permits the implementation of special measures “for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms”.
The Human Rights Committee, in its general comment No. 18 (1989) on non-discrimination, held that States parties are sometimes required to “take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant” and that such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population as long as such action is needed to correct discrimination in fact. Persons belonging to national or ethnic, religious and linguistic minorities have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination.
Special measures to protect the existence and identity of minorities and encourage conditions for the promotion of that identity, including through minority language education, are to be distinguished from temporary special measures. Special measures to protect minorities can be permanent.
Minority engagement in public affairs and all facets of the country's political, economic, social, and cultural life is critical to preserving their identity and overcoming social marginalization. Mechanisms are required to ensure that the diversity of society in terms of minority groups is reflected in public institutions such as national legislatures, the civil service sector, including the police and the judiciary, and that persons belonging to minorities are adequately represented, consulted, and have a voice in decisions that affect them or the territories and regions in which they live. Participation must be genuine and effective, not just symbolic because it is a a fact that minorities are frequently underrepresented and that their concerns may not be heard or adequately addressed. Article 2 (2) of the United Nations Minorities Declaration, which provides for the right of persons belonging to national or ethnic, religious and linguistic minorities “to participate effectively in cultural, religious, social, economic and public life”. For the participation of persons belonging to minorities to be effective, it is not sufficient for States to ensure their formal participation; States must also ensure that the participation of representatives of minorities has a substantial influence on the decisions which are taken, so that there is, as far as possible, shared ownership of these decisions.
The provisions of the United Nations Minorities Declaration were inspired by the International Covenant on Civil and Political Rights, Article 27 states that: In those states where ethnic, religious, or linguistic minorities exist, persons belonging to such minorities shall not be denied the right to enjoy their own culture, profess and practice their own religion, or use their own language in community with the other members of their group. This article safeguards the rights of minorities to their national, ethnic, religious, or linguistic identity, or a mix thereof, as well as the traits that they seek to retain and develop. Article 30 of the Convention on the Rights of the Child provides that “in those states in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language”. The UN Charter on the situation in Afghanistan, “any proposed (peace) plan must be realistic, comprehensive, and balanced, and must preserve and build on the past achievements of the Afghan people and government, particularly the current constitution, the right of the people to self-determination through elections, the rights of ethnic and religious minorities, and the rights of women, as well as the commitment to combat terrorism and ensure that the country is safe for all”.
Declaration on the rights of persons belonging to national or ethnic, religious and linguistics minority, Article 2 (3) Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. Article 6 & 7 implores states to cooperate on questions relating to persons belonging to minorities, inter alia , exchanging information and experiences, in order to promote mutual understanding and confidence and also to promote respect for the rights set forth in the present declaration.
According to the Basic Principles and Guidelines on the Right to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted by General Assembly resolution 60/147 on December 16, 2005, "restitution should, whenever possible, restore the victim to the original situation prior to the gross violations of international human rights law or serious violations of international humanitarian law." Restoration of liberty, enjoyment of human rights, identity, family life, and citizenship, return to one's place of residence, restoration of work, and return of property are all examples of restitution." This principle might be taken broadly to encompass the right to have one's status as an indigenous person or member of a minority restored.
The Convention on the Prevention and Punishment of the Crime of Genocide is a legal source referred to in the United Nations Minorities Declaration for protecting the rights of minorities. It is one of the first conventions that the General Assembly adopted (resolution 260 A (III) of 9 December 1948) and relates to the protection of groups, including minorities, and their right to physical existence. The ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) requires States to adopt and implement national policies to promote and ensure equality of opportunity and treatment in employment and occupation, with a view to eliminating direct and indirect discrimination on grounds of race, colour, sex, religion, political opinion, national extraction or social origin.
The 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions encourages States to incorporate culture as a strategic element in national and international development policies and to adopt measures aimed at protecting and promoting the diversity of cultural expressions within their territory.
It emphasizes the importance of the recognition of equal dignity and respect for all cultures, including that of persons belonging to minorities, and of the freedom to create, produce, disseminate, distribute and have access to traditional cultural expressions, and asks States to endeavour to create environments conducive thereto.
Article 5 (1) (c) of the UNESCO convention against discrimination in education also states that the rights of members of national minorities to carry on their own educational activities, including the maintenance of schools and depending on the education policy of each state, the use or the teaching of their own language. The Convention for the Safeguarding of the Intangible Cultural Heritage recognizes the ‘importance of the intangible cultural heritage as a mainspring of cultural diversity and a guarantee of sustainable development’.
The 2030 Agenda for Sustainable Development constitutes a plan of action addressing the three dimensions; economic, social and environmental – of sustainable development through 17 Sustainable Development Goals as highly interdependent spheres of action that inform development pathways at all levels, and respecting the three fundamental principles of human rights, equality, and sustainability. Intangible cultural heritage can effectively contribute to sustainable development along each of its three dimensions, as well as to the requirement of peace and security as fundamental prerequisites for sustainable development.
Education can play a valuable role in safeguarding intangible cultural heritage. The Convention for the Safeguarding of the Intangible Cultural Heritage recognizes the transmission of intangible cultural heritage ‘through formal and non-formal education’ as a key safeguarding measure. Indigenous peoples hold a rich diversity of living heritage, including practices, representations, expressions, knowledge and skills. The practice and transmission of this heritage contributes to the ongoing vitality, strength and wellbeing of communities.
In conclusion, it is vital to recognize and preserve minority rights in order to achieve equality and guarantee that all people may participate fully in society. While there have been gains in minority rights over time, numerous minority groups still face obstacles today. International laws and organizations help to defend these rights, but more has to be done to improve and ensure their protection is adopted in different nations and made part of their laws. Resource control i.e the principal of revenue allocation in a state should be done in a way that it benefits everyone in the state. It is critical to educate and raise awareness in order to enlighten people and to address the criticisms of minority rights and strive toward solutions that encourage inclusivity, diversity and collaboration. Minority rights must be protected in order to build a fair and just society. Political, economic, social, and cultural rights are all necessary for preventing marginalization and discrimination against minority populations.