The City Law School academics debate the role of UN human rights monitoring body in minority rights protection

Minorities under threat

Many minorities across the globe have been left voiceless by  significant failings of international law to respond to their needs. The lack of progress in interpretation and implementation of minority rights protection norms continues to lead to neglect of minority voices and experiences, and obstruction of justice for ethnic, religious, linguistic, national and other minority groups. Despite this there are stakeholders who can help address this worrying trend at the UN.

One of those is the United Nations Human Rights Committee which is a body of independent experts who monitor the implementation of the International Covenant on Civil and Political Rights by the states who are parties to the treaty.

The work of the Committee is aimed at promoting the enjoyment of civil and political rights, and has resulted in many changes to domestic legislation of state parties, and approaches to policy and practice linked to human rights. 

One of the powerful mechanisms for addressing potential breaches of an individual’s civil and political rights is submitting individual communications from or on behalf of a person or group of persons claiming to be victims of a violation of the Covenant by a State party.

When an individual complaint is first submitted, the Committee may sometimes request ‘interim measures’ that the state concerned needs to take in order to avoid irreparable damage to the alleged victim and to preserve the respective rights of the parties until the Committee takes a decision on a complaint.

In her keynote address, Professor Donders explained that minority rights in the ICCPR, involve two key provisions:

• Article 1 on the right to self-determination
• Article 27 on the rights of ethnic, religious, and linguistic minorities.

States parties have both negative and positive obligations under Article 27.

She noted that:

Professor Donders noted that Article 27 has increasingly been interpreted in light of other ICCPR provisions and international standards, including Article 1 on self-determination, Article 25 on political participation, Article 17 on private life, and the UN Declaration on the Rights of Indigenous Peoples.

Despite this progress in the Committee’s jurisprudence, not all state parties to the ICCPR have ratified the First Optional Protocol that facilitates such procedure (119 out of 174 state parties). In addition, some states have made reservations and interpretive declarations that limit the application of the protocol that they have ratified.

Dr Alijeva explains:

As the protection of minorities and their rights is crucial for equality, respect for diversity, inclusive societies and the rule of law, Dr Alijeva and Prof Ahmed argue that now is the time to take stock and assess the ways in which existing human rights institutions and processes are accessible to and helpful for minority rights protection.

Their current ongoing research on minority rights at The City Law School aims to contribute to this goal by analysing the current human rights protection landscape at the UN and creating tools and guidance for third sector organisations to engage the UN mechanisms effectively.

The workshop saw significant representation from School colleagues. Dr Alijeva and Professor Ahmed were joined by Professor Mauro Barelli who discussed the parallel progress made by Indigenous people in international law, and by Professor Dimitrios Giannoulopoulos in the workshop’s concluding plenary.

Dr Alijeva and Prof Ahmed acknowledged the important work in ensuring the successful implementation of the project performed by Dr Suzana Rahde Gerchmann, previously a doctoral student at the School who recently passed her viva.

They also thanked Nouf Ali S Algazlan and Santosh Anand, both PhD Candidates at the School for their assistance with the workshop.

The project is being developed in collaboration with the workshop participants and members of the Steering Group of the Minority Rights Solidarity Network, with Dr Alijeva as Member of the Steering Group and Prof Ahmed as Steering Group Chair. The network is a group of academics and practitioners engaged in the field of minority rights representing different disciplines, geographical regions, and methodologies. The network’s collaborative work currently spans Europe, Asia and Africa, and it aims to build on its activities by developing and maintaining robust links among a variety of experts concerned with minority rights and by providing support and collaborative space to network members.

Funding

The project is support by the University Pump Priming Fund 2024-25.