Minorities : the missing article in the Universal Declaration of Human Rights

Abstract

The Universal Declaration of Human Rights contains no provisions concerning the rights of persons belonging to ethnic, linguistic and religious minorities. Early in the history of human rights, the protection of minorities had been an important theme, notably in the treaties and declarations adopted subsequent to the First World War. The first draft of the Declaration contained a minority rights provision, based on a text prepared by the English scholar Hersh Lauterpacht. However, the Drafting Committee Commission on Human Rights ultimately voted against including such a text in the Declaration. The Soviet Union, Yugoslavia and Denmark unsuccessfully attempted to revive the idea during the debate in the Third Committee of the General Assembly, in October-December, 1948. Ultimately, the Assembly adopted a distinct resolution ref erring the question back to the Sub-Commission for further study. European States, particularly those in Eastern Europe, where the inter-war minorities system had been in force, were keen on including a minority rights provision. Opposition came from states of immigration: South and North America, Australia and New Zealand, who feared it might inhibit assimilation. The remaining colonial powers, the United Kingdom and France, were also opposed. Proponents of minority rights succeeded in the adoption of article 27 of the International Covenant on Civil and Political Rights. But the unfortunate omission in the Declaration had long-term consequences and may partially explain the rather modest protection offered by international human rights law to both ethnic minorities and indigenous peoples.