Journal of Civil & Legal Sciences
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Minority groups need recognition that they do exist by both governments and the majority groups. There is dire need to protect their physical existence for the realization of social justice. There is need for society to exercise tolerance to diversity in order to promote the survival of minorities [1]. There is a danger that if minority groups are not recognized, they may become extinct. To that end, noted that Promoting and protecting their identity prevents assimilation and the loss of their culture, religions and languages. Recognition of minority groups therefore becomes a cornerstone for their survival and enjoyment of their rights. Furthermore, the right to physical existence of minorities has to be protected [2]. It has been observed that minority groups are the most affected in times of warfare for example massacre. In view of the foregoing, Annan cited in the United Nations noted that We must protect especially the rights of minorities, since they are genocide’s most frequent targets. It is quite significant to safeguard the lives of minorities in times of war and peace. This is also contained in international treaties as enunciated in the United Nations Declaration of the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities which noted that states shall protect the existence of minorities within their respective territories [3]. One can observe that it is the duty of states to protect minorities in their own territories so that they enjoy their full rights and be prevented from assimilation and ultimately extinction. Pointed out those Human rights standards require states to not merely tolerate diversity, but to cultivate diversity and respect for minorities.” States therefore have to actively promote and respect the rights of minorities. The right holders are the minority groups who have the right to be protected under international law. It could be argued that the UNDM is inclusive to a greater extent as it advocates for the respect and promotion of minority rights within states. It is crucial to observe that this is the de jure, but may not be the de facto in most countries [4]. There is a wide gap in most countries especially in Africa between what exists at law and what is in practice. To that end, examines that “Therefore, international society lacks an obligatory, comprehensive, legal, minority-specific document.” Wherefore, it is quite clear that there is no legal instrument that forces states to protect the rights of minorities. There is however, need for states to promote the promotion, fulfilment and respect for minority right. The right to non-discrimination of minorities is contained in the International Convention on the Elimination of All forms of Racial Discrimination. The treaty is inclusive to a greater extent as it protects individuals against all forms of discrimination. This is the basis of the promotion of minority rights as international law and statutes [5]. The states are the duty bearers who have a duty to ensure that minorities are protected. The core interest of the treaty is the minority groups who have to be protected against discrimination.

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