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Question Numbers: 28-32
PASSAGE II
The Working Group on Minorities at its Geneva session in May 2002 highlighted that constructive resolution of tensions involving minorities is by way of "integrating diversity". This means that persons belonging to minorities acting alone or in community should be given adequate opportunity to maintain and develop their distinct identities while at the same time participating in and making a contribution to the wider society and respecting the territorial integrity of the State.
Integrating diversity goes hand in hand with governance which is firmly grounded in international human rights law. This requires that States protect the rights of all those residing within their jurisdiction without distinction of any kind. It is immaterial whether these persons are recognized by the State as a national minority.
The Human Rights Committee functioning under the International Covenant on Civil and Political Rights, 1966 has expressed the view that to secure State protection, members of the minority community need not be citizens of the country nor its permanent residents. The protection extends to migrant workers who constitute a minority.
In order to accord this protection, States should take special measures to ensure the existence of conditions for minorities to maintain and develop their own distinct cultural identities. More specifically, what is required is: (A) sensitivity to the needs, especially linguistic and educational, of persons belonging to minorities so as to enable each individual to develop his/her identity; (B) allowing minorities the opportunity to participate effectively in public life, including the political decision-making process; and (C) providing minorities with access to a fair share of public goods, including economic opportunity.
Such measures do not constitute preferential treatment. Their aim is to achieve equal and meaningful enjoyment of above rights in order to ensure de facto equality.
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