THE CONTRIBUTION OF PARLIAMENTS TO THE PEACEFUL COEXISTENCE OF ETHNIC, CULTURAL AND RELIGIOUS MINORITIES, INCLUDING MIGRANT POPULATIONS, WITHIN ONE STATE, MARKED BY TOLERANCE AND THE FULL RESPECT FOR THEIR HUMAN RIGHTS

Resolution adopted without a vote by the 102nd Inter-Parliamentary Conference
(Berlin, 15 October 1999)

The 102nd Inter-Parliamentary Conference,

Recalling the Charter of the United Nations, the Universal Declaration of Human Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, and the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights,

Referring to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (United Nations General Assembly Resolution 47/135 of 18 December 1992),

Reaffirming the numerous resolutions on minority questions adopted by the Inter-Parliamentary Union in recent years, in which measures were recommended to parliaments and governments for protecting minorities in various regions of the world, in particular:

"Contribution to the United Nations efforts to achieve complete decolonisation, end racism and apartheid, and promotion of the individual and collective rights of nationalities and of ethnic minorities" (Budapest 1989, 81st Inter-Parliamentary Conference)

"The organization and functioning of democracy and the expression of ethnic diversity as a means of ensuring the stability of all States, economic development and better use of the peace dividend for the benefit of the Third World" (Yaoundé 1992, 87th Inter-Parliamentary Conference)

"The international mass migration of people: its demographic, religious, ethnic and economic causes; its effects on source and receiving countries, its implications internationally; and the rights of migrants and refugees" (Stockholm 1992, 88th Inter-Parliamentary Conference)

"The protection of minorities as a global issue and a prerequisite for stability, security and peace" (Istanbul 1996, 95th Inter-Parliamentary Conference),

Reaffirming, at the same time, that persons belonging to minorities should exercise their rights in good faith and with loyalty to the State in which they live, without detriment to the principle of the sovereignty and integrity of States, as enshrined in the Charter of the United Nations and international law,

Placing particular emphasis on the value of intercultural relations between different ethnic, cultural and religious communities as a source of cultural enrichment,

Deeply concerned that serious problems, including forced assimilation and repression, will lead to conflicts between ethnic, cultural or religious communities around the world,

Emphasising the obligation of all ethnic, cultural and religious communities and their members to resolve problems harmoniously and in cooperation and to facilitate the integration of all,

Considering that all disputes and conflicts, particularly those involving ethnic, cultural or religious minorities, must be resolved peacefully, without violence, in a spirit of mutual respect and in accordance with international law, at both national and international level,

Underscoring the particular obligation of parliaments and their members to defend and promote the rights of persons belonging to ethnic, cultural and religious minorities, thereby creating a world in which every individual enjoys all civil, political, economic, social and cultural rights,

Recognising that, while throughout history migrant workers have contributed to the economic development of host countries and enriched their cultural and historical heritage, in some cases, large numbers of refugees can, by their mere quantity, affect the stability of the labour markets and social security and education systems of recipient countries,

Acknowledging that migration occurs not only between developed nations and developing countries but also between the latter, and that migrants are frequently refugees, including economic refugees, who constitute a category which this Conference expressly recognises,

Taking into account that, at a time of unprecedented capital mobility and significantly fewer obstacles to the free movement of business personnel and the freedom of commercial transactions, the free movement of persons remains subject to many restrictions,

Convinced that there has been overall progress in the observance of human rights, especially since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948,

Deeply concerned that in many countries violations of basic human rights, particularly the rights of persons belonging to minorities, are a frequent cause of migration,

Noting the relevance of the plight of refugees to the efforts of the international community to ensure peaceful coexistence between communities in host countries,

Aware that instances of mass inflows of refugees are on the rise,

Noting the growing number of refugees fleeing from environmental disasters,

Noting with satisfaction the decisions and initiatives taken by the United Nations High Commissioner for Refugees (UNHCR) to assist the countries and regions most affected by mass movements of refugees, by promoting the principle of burden-sharing,

Recognising that receiving countries are concerned at the socio-economic implications for social harmony and peaceful coexistence of providing indefinite protection and assistance to large numbers of refugees,

Alarmed that a mass influx of refugees can in some countries lead to public disturbance and affect the country's capacity to protect the most vulnerable groups,

Condemning manifestations of xenophobia, racism and intolerance towards migrants and ethnic, cultural and religious minorities,

Stressing the crucial role of education in promoting a spirit of tolerance and the principle of non-discrimination towards all persons, with due regard to minorities,

Highly concerned at the particular vulnerability of migrant workers, illegal migrants and refugees, who are often victims of abuse,

Bearing in mind that in 1990 the United Nations adopted the International Convention on the Protection of the Rights of Migrant Workers and the Members of their Families,

Welcoming the appointment in 1998 by the United Nations Commission on Human Rights, on the proposal of the Government of Mexico, of a special Rapporteur on the human rights of migrants,

Welcoming the decision by the United Nations General Assembly (1997/III) to convene in 2001 a World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance,

A. Democratic values and mechanisms

1. Calls on all parliaments and their members to take appropriate measures so that:

(i) Mutual respect and cooperation among ethnic, cultural and religious communities are expressed, for the most part, not in special laws but, more effectively, in the framework of a constitution guaranteeing the freedom of individuals;

(ii) International and regional agreements to preserve the identity of ethnic, cultural and religious minorities are ratified or signed by the States concerned which have not yet done so;

(iii) National legislation is reviewed and, if necessary, amended to ensure its consistency with the provisions and standards of international law that concern respect for minorities;

(iv) National parliamentary bodies or ombudsman institutions are created to monitor permanently the consistency of actions taken by the legislature, judiciary and executive with international and national objectives regarding the rights of minorities;

(v) National guidelines and programmes are drawn up and implemented, giving due consideration to the legitimate interests of the members of all minorities, in order to preclude all intolerance;

(vi) Conditions are created for the mutual respect of the ethnic, cultural and religious identities of all the communities of society;

(vii) School and university curricula include courses on human rights;

(viii) Respect for the fundamental principles of human rights and for ethnic, cultural and religious diversity, a spirit of tolerance and inter-cultural dialogue are promoted among the public;

(ix) Parliaments and their members use all means available to them to promote peaceful coexistence and constructive cooperation between different communities and to prevent any unfavourable or discriminatory treatment arising from membership of an ethnic, cultural or religious minority;

(x) All acts of racism, xenophobia, anti-semitism and religious discrimination are prohibited and punished by law;

(xi) International and regional human rights organisations recognised by the United Nations have the necessary access to information on the conditions of cooperation and coexistence between ethnic, cultural and religious communities;

(xii) All interested parties have access to the information and proposals of human rights bodies which concern members of ethnic, cultural and religious minorities;

2. Calls on parliaments and their members to advocate:

(i) That identification with an ethnic, cultural or religious community and membership of such a community should be a matter of free choice;

(ii) That the members of an ethnic, religious or linguistic minority should be free to practice their own culture and customs individually or together with other members, profess and practice their own religion, enjoy their own education and use their own language in private and in public;

(iii) That, where there is the demand, the necessary conditions should be created and safeguarded to ensure that the languages of all ethnic minorities can be spoken, taught and learned on the basis of free choice and that awareness should be raised of the social, economic and cultural realities of minorities;

(iv) That access to good training and qualifications should be assured for members of all ethnic, cultural and religious minorities in the same conditions as for other nationals;

3. Calls on all parliaments and their members, while respecting freedom of the press and freedom of opinion and expression, to see to it that:

(i) Media workers are encouraged to give an objective and balanced picture of all ethnic, cultural and religious minorities in accordance with ethical principles;

(ii) Racist and discriminatory depictions are prohibited;

4. Appeals to all parliaments and their members to ensure:

(i) That no disadvantage can arise for members of ethnic, cultural and religious minorities in respect of access to gainful employment solely as a result of open profession of such membership;

(ii) That all nationals belonging to ethnic, cultural and religious minorities receive the same treatment as the other members of society in respect of social and other publicly funded benefits;

5. Asks all parliaments and their members to ensure:

(i) That the right to participate in free elections by secret ballot is guaranteed for citizens belonging to any ethnic, cultural or religious minority;

(ii) That ethnic, cultural and religious minorities are appropriately involved in political decision-making and are able to assert their interests democratically;

(iii) That the constitution and legislation of each country entitles all legal residents belonging to any ethnic, cultural or religious minority to acquire property freely;

(iv) That the members of all ethnic, cultural and religious minorities are granted free access to, and the right to a hearing by, public administrative authorities and all courts of law, and that the rights they share with the other members of society are upheld;

(v) That public law enforcement officers treat the members of all ethnic, cultural and religious minorities in a non-discriminatory manner and that efforts are made within law enforcement agencies to provide education to ensure non-discriminatory treatment;

(vi) That the members of all ethnic, cultural and religious minorities are informed as to their fundamental rights and the means available for asserting them;

6. Calls on all parliaments:

(i) To participate actively in the preparation of the World Conference against Racism;

(ii) To encourage governments and the authorities concerned to make this event a success so as to further the fight against racism, racial discrimination, xenophobia and intolerance;

(iii) To mobilise all national institutions so that special attention is paid to the effects of racism and racial discrimination in education, training and employment on children belonging to minorities and migrant children, and that steps are taken to remedy these effects;

7. Calls on parliaments to encourage all the institutions responsible in their countries:

(i) To observe and promote full respect for the human rights of migrants, especially migrant workers, regardless of their status as migrants;

(ii) To promote a culture of openness towards migrants, focusing on the positive contribution of their work and efforts to the economies in which they are employed;

(iii) To consider ratifying, if they have not yet done so, the International Convention on the Protection of the Rights of Migrant Workers and the Members of Their Families adopted by the United Nations in 1990;

9. Expresses its firm support for the recent appointment by the United Nations Commission on Human Rights, as proposed by the Government of Mexico, of a special Rapporteur on the human rights of migrants;

H. The urgency of the situation of refugees

10. Calls on the international organisations concerned to intensify their efforts to assist the countries most affected by mass inflows of refugees;

11. Calls on members of parliament to work actively to solve the problem of refugees by enacting laws and regulations which embody the principle of burden-sharing;

12. Calls on the international community and members of parliament to take steps so that people forced to leave their homes and countries as a result of environmental disasters are recognised as refugees, in accordance with the principles of the Protocol relating to the Status of Refugees.

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