The Eighth Tribe, 1980 (7. évfolyam, 1-12. szám)

1980-01-01 / 1. szám

_ THE MINORITY RIGHTS GROUP INTRODUCES RESOLUTION TO THE UNITED NATIONS The Minority Rights Group with headquarters in London, England, introduced a resolution to the United Nations in behalf of ethnic and national mi­norities. The stand of the Minority Rights Group on this subject is in complete accord with the aims and principles of the Transylvanian World Federation. Since we do not have the space to reprint the entire resolution, prepared by Dr. Felix Ermacora with contributions by Professors Francis, Simma, Utz, Veiter, Kloss and Mrs. Mary Wuschek, we are bring­ing here excerpts of this remarkable draft, which one day, we feel sure, will serve as a guideline to an in­ternationally supported world-wide action in behalf of oppressed ethnic and national minorities. APPENDIX C. Draft International Convention on the Protection of National or Ethnic Groups of Minorities. The States Parties to the present Convention, realizing that the General Assembly of the United Nations in its Resolution 17 C III. has declared itself not to be indifferent to the fate of Minorities, Regarding Art. 27 of the International Covenant on Civil and Political Rights which provides for the protection of certain characteristics of persons be­longing to ethnic, religious or linguistic minorities .. . . . . have decided to adopt a system of mesures aim­ing at the protection of national or ethnic groups of minorities.... for the benefit of internal and inter­national peace and security in conformity with the principles of the UN Charter.... Agree upon the following provisions which con­stitute elements of Human Rights and Fundamental Freedoms: Section 1: General Principles. Art. 3: Every member of a national or ethnic group or minority has the right to use his own lan­guage or dialect in private, in all social, economic and similar relations, and in public, notwithstanding the legal position of his group or minority. Art. 4: National or ethnic groups or minorities are free to pursue their economic, social and cultural development and may not be discriminated against for reasons connected either directly or indirectly with these activities. Art. 5: National and ethnic groups and minori­ties have a right to a legal and social environment favourable to their legitimate aspirations. Art. 6: THE PHYSICAL CHARACTER AS WELL AS THE DEMOGRAPHIC COMPOSITION OF A TERRITORY IN WHICH NATIONAL OR ETHNIC GROUPS OR MINORITIES ARE LIVING MUST NOT BE CHANGED WITHOUT LEGITI­MATE CAUSE AND THE CONSENT OF THOSE CONCERNED. Art. 7: THE STATE MUST NOT UNDERTAKE, SUPPORT OR FAVOUR A POLICY OF ARTIFI­CIAL OR ENFORCED ASSIMILATION. Art. 8: Genocide against national or ethnic groups or minorities is a CRIME AGAINST HU­MANITY. Art. 9: Mass-expulsions of members of national or ethnic groups or minorities have to be considered as GENOCIDE. Involuntary transfers of members of national or ethnic groups or minorities within or out­side the borders of a State... are not permitted for any reason whatsoever, . . . Art. 13, para. 1: The protection of a national or ethnic minority or group may be organized on a national or international level or on both levels. The kind, range and scope of the protection depends on the freely expressed will of the members of the mi­nority group, on its demographic distribution as well as on international obligations of the given State. Art. 1. Every national or ethnic group or minor­ity, has on an international as well as national level, the inalienable right to be recognized as a national, ethnic and cultural entity and must be granted the right to be recognized as such in accordance with the provisions of the present Convention. Art. 2: National or ethnic groups or minorities having the character of entities possess the inalienable right to their own ethnic and cultural identity and to self-determination within the framework of the pre­sent Convention. Para. 2: The main kinds of protection on a na­tional level are the following: a) the right to self-determination as expressed in the UN Declaration of Principles of International Law on Friendly Relations and Cooperation among States in accordance with the Charter of the UN (GA Res. 2625 XXV), b) cultural autonomy c) linguistic autonomy, THE TRANSYLVANIAN QUARTERLY III

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