Definition
According to a definition offered in 1977 by
Francesco Capotorti, Special Rapporteur of the
United Nations Sub-Commission on Prevention of
Discrimination and Protection of Minorities, a
minority is: A group numerically inferior to the
rest of the population of a State, in a non-dominant
position, whose members - being nationals of the
State - possess ethnic, religious or linguistic
characteristics differing from those of the rest of
the population and show, if only implicitly, a sense
of solidarity, directed towards preserving their
culture, traditions, religion or language, and whose
aim it is to achieve equality with the majority in
fact and in law.
Policy Statement
Operations Enfants du Cambodge is committed to
practice which prevents discrimination and protects
the rights of national minorities against all forms
of violation. OEC staff accepts to cooperate closely
and actively with national, regional and
international human rights agencies network to
promote full and effective equality between persons
of a national minority and those of the majority.
This policy is based on the following articles:
UDHR, Article 1: All human beings are born
free and equal in dignity and rights. They are
endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
UDHR, Article 2: Everyone is entitled to all
the rights and freedoms set forth in this
Declaration, without distinction of any kind, such
as race, color, sex, language, religion, political
or other opinion, national or social origin,
property, birth or other status.
UDHR, Article 7: All are equal before the law
and are entitled without any discrimination to equal
protection of the law. All are entitled to equal
protection against any discrimination in violation
of this Declaration and against any incitement to
such discrimination.
ICCPR, Article 27: In those States in which
ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be
denied the right, in community with the other
members of their group, to enjoy their own culture,
to profess and practice their own religion, or to
use their own language.
ICESCR, Article 15 : 1. The States Parties to
the present Covenant recognize the right of
everyone: (a) To take part in cultural life; (b) To
enjoy the benefits of scientific progress and its
applications; (c) To benefit from the protection of
the moral and material interests resulting from any
scientific, literary or artistic production of which
he is the author.
DRPBERLM, Article 1: 1. States shall protect
the existence and the national or ethnic, cultural,
religious and linguistic identity of minorities
within their respective territories and shall
encourage conditions for the promotion of that
identity. 2. States shall adopt appropriate
legislative and other measures to achieve those
ends.
DRPBERLM, Article 2: 1. Persons belonging to
national or ethnic, religious and linguistic
minorities (hereinafter referred to as persons
belonging to minorities) have the right to enjoy
their own culture, to profess and practice their own
religion, and to use their own language, in private
and in public, freely and without interference or
any form of discrimination. 2. Persons belonging to
minorities have the right to participate effectively
in cultural, religious, social, economic and public
life.3. Persons belonging to minorities have the
right to participate effectively in decisions on the
national and, where appropriate, regional level
concerning the minority to which they belong or the
regions in which they live, in a manner not
incompatible with national legislation. 4. Persons
belonging to minorities have the right to establish
and maintain their own associations.
Policies and Procedures
1. OEC staff will disseminate in their working
territory that all human beings are born free and
equal in dignity and rights. They are entitled to
all the rights and freedoms set forth in the
Universal Declaration of Human Rights, without
distinction of any kind, such as race, color, sex,
language, religion, political or other opinion,
national or social origin, property, or other
status, to create national harmony. these rights are
repeated and reinforced again in the ICCPR and the
ICESCR.
2. Depending on existence of Minorities or
Indigenous in the operational fields, OEC will
integrate all of them in the project(s) to eliminate
discrimination and promoting equal liberty of
opportunity and outcome, respecting the rightful
principle of Human Rights for All Human Beings.
3. OEC will pay more attention to people in remote
areas as well as minorities and indigenous people in
the aim at building equal empowerment and to
approach the countryside with the town and capital
in order to eliminate opportune inequality and
discrimination in access to development.
4. The past experience shows clearly that leaving
minorities ignorant and isolated, they fall easily
in the strategy “Going from paddy field to Capital”
that caused a sad disaster. OEC will seek for
supporting fund to develop remote areas culturally,
skillfully, and technically for a dignitary
livelihood allowing people in remote areas or
minorities to attain a living standard similarly to
other people in Cambodian society.
5. OEC agrees with the idea that the protection of
minority rights is best achieved and articulated
through a combination of majority sensitivity and
minority inclusion. Minority voices are heard, and
minority rights more respected when representatives
of minority groups enjoy full access to participate
in the political sphere, public life and the
relevant areas of decision making.
Support and Training
Comparative study between UDHR, ICCPR, ICESCR and
United Nations Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and
Linguistic Minorities will be conducted successively
to deepen understanding of minorities perspectives.
Amendment
This policy may be reviewed and amended responding
to new requirement and the extension of OEC
operations.
Battambang, 3 March 2012
Executive Director
CC:
- Board of Director
- MC members
- All OEC staff “For comprehensive implementation”