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Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 45
- Paragraph text
- The caste system migrated with the South Asian diaspora to other regions, including Africa (Mauritius, South Africa), Europe (United Kingdom of Great Britain and Northern Ireland), the Americas (United States of America, Canada and Suriname), the Middle East (Bahrain, Kuwait and United Arab Emirates), Malaysia, Australia and the Pacific (Fiji).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 40
- Paragraph text
- The right to effective participation has more recently been strengthened with regard to groups strongly at risk of marginalization. Article 41 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families protects the rights of documented and regular migrant workers and their families to participate in the public affairs of their State of origin and to be elected through elections of that State. Perhaps more importantly, article 42 requires the States of employment to facilitate the consultation or participation of migrant workers and members of their families in decisions concerning the life and administration of local communities; States of employment may, moreover, grant migrant workers the enjoyment of political rights.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Minorities in situations of humanitarian crises 2016, para. 18
- Paragraph text
- [In this context the Special Rapporteur on minority issues has decided to dedicate her final report to the General Assembly to this important topic, considering two guiding questions:] In the context of humanitarian crises or disasters, what are the additional challenges that minorities face when seeking protection, even when the trigger of their displacement or changed situation is not directly linked to their affiliation as members of that minority group?
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 23
- Paragraph text
- The Special Rapporteur is aware that there are a number of reasons underlying the lack of readily available data in this field. First, there is the likely reluctance of minorities displaced or affected by crises to identify themselves as ethnic, national, religious or linguistic minorities for fear of further discrimination or violence. Second, States may be unwilling to collect such data, insofar as they do not recognize the affected minority group members as citizens, do not recognize their minority status, do not recognize they have been displaced or do not want to draw attention to specific difficulties faced by members of their societies. Finally, in displacement contexts, humanitarian agencies tend to disaggregate data mainly by sex and age, and rarely address other categories, including minority status or special needs. The lack of accurate data and needs assessment of specific groups such as minorities has therefore had an impact on the ability to develop humanitarian programmes that target and address comprehensively discrimination facing minorities in the context of crises.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 26
- Paragraph text
- At the national level, this may involve internal armed conflict or hostilities within a State. At the international level, this may involve international armed conflict between two or more armed forces of different countries. Such outbreaks of conflict may cause large-scale mass movements of people, as they flee violence and chaos. This can lead to internal displacement, as well as international migration flows, as affected individuals and communities flee their homes within their own country as internally displaced persons, or migrate abroad, including through seeking asylum. Conflict may also lead to other large-scale humanitarian crises such as epidemics, food or water insecurity, among others.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 37
- Paragraph text
- The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol are the key international legal instruments defining international refugee protection obligations, at the global level. The Convention defines a refugee and the rights attached to refugee status. The 1967 Protocol subsequently removed the temporal found in the 1951 Convention. Indeed, the core principles of refugee protection as defined by the 1951 Convention and the 1967 Protocol therefore provide specific protection on the basis of persecution because of minority status.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 38
- Paragraph text
- The Convention also stipulates in its article 3 that "Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin". Therefore, refugees arriving in a country and becoming a minority in the host country should be protected against discrimination as to race, religion or country of origin.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 39
- Paragraph text
- UNHCR has also developed policies and materials that provide further guidance regarding refugees on how to ensure that refugee protection responses are participatory, non-discriminatory, and sensitive to the specific needs of all persons of concern, including the specific needs of members of minority groups. Its Executive Committee (ExCom), comprising over 90 States, adopted in 2005 a General Conclusion on International Protection No. 102 which "acknowledges the important contribution of the age and gender and diversity mainstreaming strategy in identifying, through a participatory approach, the protection risks faced by the different members of the refugee community; and encourages UNHCR and its NGO partners to continue to roll out and implement on the ground this important strategy, as a means to promote the rights and well-being of all refugees, in particular the non-discriminatory treatment and protection of refugee women and refugee children and minority groups of refugees".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 41
- Paragraph text
- Finally, UNHCR's Working with National or Ethnic, Religious and Linguistic Minorities and Indigenous Peoples in Forced Displacement (2011) is a very useful tool which acknowledges the potential vulnerabilities of minorities who are displaced, and recognizes that these obstacles may be multiplied during forced displacement and increase protection risks.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 42
- Paragraph text
- The Guiding Principles on Internal Displacement (1998) (see E/CN.4/1998/53/Add.2) are based upon existing international human rights and humanitarian law, as well as analogous refugee law, and are intended to serve as the international standard guiding States, international organizations and other relevant actors in providing assistance and protection to internally displaced persons. Principle 6.2 stipulates that "the prohibition of arbitrary displacement includes displacement: (a) when it is based on policies of apartheid, ethnic cleansing, or similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the affected population". Principle 9 further stipulates that "States are under a particular obligation to protect against the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups with a special dependency on and attachment to their lands".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 43
- Paragraph text
- At the regional level there have also been some specific instruments and references to minorities in the context of crises. The Organization of African Unity has adopted the Convention governing the Specific Aspects of Refugee Problems in Africa (1969). Furthermore, during the International Conference on the Great Lakes Region, held in 2006, 11 States adopted the binding Pact on Security, Stability and Development in the Great Lakes Region, comprising 10 separate protocols, including the Protocol on the Protection and Assistance to Internally Displaced Persons. Principles 6 and 9 of the Protocol replicate the provisions of Guiding Principles 6 and 9 referenced above on protection from displacement and on specific protection granted to indigenous peoples, minorities and other groups.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 44
- Paragraph text
- The above-mentioned Protocol further served as impetus for the African Union to draft the first legally binding regional instrument on internally displaced persons: the African Union Convention for the Protection and Assistance of internally displaced persons in Africa (Kampala Convention). The Convention, which was adopted in 2009 and entered into force in 2012, advances a regional approach to protecting the rights of internally displaced persons in efforts to achieve peace, security and development. In terms of minority rights protection, article 4(5) stipulates that the prohibited categories of arbitrary displacement include but are not limited to "displacement based on policies of racial discrimination or other similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the population". Article 5 of the Convention provides that "States Parties shall endeavour to protect communities with special attachment to, and dependency on, land due to their particular culture and spiritual values from being displaced from such lands, except for compelling and overriding public interests".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 45
- Paragraph text
- The 1984 Cartagena Declaration on Refugees (Cartagena Declaration) is heralded as a key accomplishment in the development of the refugee protection regime in the Americas. Adopting a broad definition of who can be considered a refugee, it goes beyond the definition contained in article 1(A) of the 1951 Convention and the 1967 Protocol, by extending to "persons who have fled their country because their lives, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances which have seriously disturbed public order." Although not binding, some States have adopted it into their national law.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 46
- Paragraph text
- Furthermore, in 2013, the General Assembly of the Organization of American States approved two new international legal instruments: the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance and the Inter-American Convention against all Forms of Discrimination and Intolerance. The latter is more comprehensive in the protection of vulnerable groups, including minorities, and also includes innovative formulations that specifically benefit internally displaced persons in the region. The Convention expressly forbids discrimination against internally displaced persons regarding access to public services and curtailment of rights related to employment, subsistence and political participation. Therefore the Convention can also assist in situations of discrimination against internally displaced persons who also belong to other minority groups. The Convention, however, has not yet entered into force.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 47
- Paragraph text
- There is sometimes a direct causal link between belonging to a minority group and being affected by a humanitarian crisis. Indeed, belonging to a minority group can be a direct factor leading to displacement in the context of conflict. As has been observed by OHCHR, the "lack of respect for, lack of protection and lack of fulfilment of the rights of minorities may be at least a contributing factor if not the primary cause of displacement and may in the worst cases - even lead to the extinction of such communities. The displacement of minorities can thus serve as an indicator of the degree to which their rights are respected, protected and fulfilled in the country from which they are displaced."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 50
- Paragraph text
- Indeed, displacement of minority communities continued unabated in 2014 and 2015. In Iraq, visited by the Special Rapporteur in February 2016, the Yezidi minority have been targeted on the basis of their identity by the Islamic State, and forced to flee their homes, in particular in Sinjar, Northern Iraq. Other Iraqi minority communities, including Christians, Turkmen, and certain Sunni Arab tribes, have also been particularly exposed to attacks by members of the Islamic State.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 52
- Paragraph text
- Even outside fully fledged armed conflicts, discrimination against minority groups in societies may reach such levels that it results in hate-based crimes and leads to internal displacement. In Myanmar, violence and atrocities committed against the Rohingya, coupled with the Government's refusal to recognize their status as an ethnic minority, and denial of their citizenship, has been and is still pushing the Rohingya to flee to other parts of the country or abroad.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 55
- Paragraph text
- While minorities may be affected in different ways by humanitarian crises owing to their minority status or indirectly, they may also often face specific human rights challenges and discrimination during or after potential displacement or disruption because of humanitarian crises, owing to their specific position as a member of a minority group in a society, even when the trigger of their displacement or changed situation is not directly linked to their affiliation to that minority group. Indeed, the Special Rapporteur notes that belonging to a minority, coupled with other potential discriminatory factors, such as gender, can have a dramatic impact on humanitarian protection afforded to the person.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 56
- Paragraph text
- On the one hand, the disadvantage experienced by minorities in terms of accessing humanitarian relief in crisis is often explained by existing logistical limitations. In crisis and conflict situations, humanitarian assistance may be concentrated in capital cities and/or in a small number of very large, officially recognized refugee or internally displaced persons camps, with very little reaching the periphery where minority and vulnerable populations may reside.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 60
- Paragraph text
- Minorities may also experience particular restrictions on their freedom of movement during conflict and humanitarian crises, including more frequent stops or because of their identity even being blocked at border and checkpoints when attempting to flee conflicts, as well as intimidation, discrimination or even violence against them when trying to flee. For example, it has been well documented that sub-Saharan African migrants and asylum seekers, seeking to transit through countries in North Africa en route to Europe have been particularly targeted on account of their race, and suffered violence. In some instances, minorities seeking asylum status may be arbitrarily detained and forcefully deported to their home countries without adequate assessment of their asylum claims and/or may encounter particular obstacles to be registered as asylum seekers based on their minority characteristics.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 61
- Paragraph text
- In other circumstances, including during internal conflicts, certain minorities' freedom of movement is restricted on account of their identity, owing to perceived threats that they pose. This can lead to a refusal to permit passage to safe areas and restrict access to humanitarian assistance for those individuals because of the community's identity or ethnicity. The Special Rapporteur observed this with regard to internally displaced persons in relation to Sunni Muslims in the Kurdistan region in Iraq (see A/HRC/32/35/Add.1, para. 43).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 62
- Paragraph text
- Violence against minorities can also be more insidious, as has been evident with the recent migration crisis in Europe. Recent protracted conflicts in the Middle East, and in particular the Syrian Arab Republic, led to mass migration flows to Europe in 2015 and 2016. However, this has also been coupled by certain xenophobic reactions against particular flows of asylum seekers and refugees fleeing crisis, which may in turn lead to more violence and insecurity against them.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 65
- Paragraph text
- The differentiated access to economic, social and cultural rights for particular minority groups in situations of displacement can often be compounded by a lack of adequate documentation. This may further impede access to humanitarian assistance, including a range of public services during crises such as health care, education, housing and employment programmes, as well as social integration. For example, the Special Rapporteur on internally displaced persons noted in his report on Serbia and Kosovo that Roma, Ashkali and Egyptian internally displaced persons have been more vulnerable than other internally displaced persons in accessing basic services owing to their lack of documentation (see A/HRC/26/33/Add.2, para 20).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 68
- Paragraph text
- In some cases, when conflict erupts, minorities may have their property confiscated. In her report on the visit to Ukraine, the Special Rapporteur referred, among other concerns, to the loss of property by those displaced from the Autonomous Republic of Crimea, including reports of property seizure (see A/HRC/28/64/Add.1, paras. 48 and 62). Furthermore, where minorities flee or are expelled from their lands owing to conflicts or crises, and new communities have settled there, it may be particularly challenging for minorities to reclaim those lands. This difficulty can be compounded where minorities lack documentation to prove ownership rights (see A/HRC/22/49/Add.1), and in particular where ownership was established through customary law.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 70
- Paragraph text
- Minorities may also be at particular risk of forced return, either in the context of an ongoing humanitarian crisis or once such a crisis is deemed to have ceased. Return always needs to be voluntary, and carried out in safety and dignity in participation and consultation with minorities. Regrettably, the Special Rapporteur has observed with concern examples of minorities forcefully deported back to situations of crises or persecution.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 71
- Paragraph text
- Returns following the cessation of conflict have been extensively documented, in particular in connection with the return of Roma from Western Europe to the Balkans. Where deportations take place without consent, minorities may face numerous obstacles to their basic human rights, including lack of access to personal documents and statelessness; problems repossessing their property or obtaining housing; difficulties accessing education, health, employment and social welfare; and separation from family members. In some cases, loss of temporary protection status in host countries and the forced repatriation to their countries of origin, coupled with the lack of adequate policies for the integration of returnees, have resulted in minority communities being forced into continuous migration.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 84
- Paragraph text
- This was also the case regarding the 2005 Hurricane Katrina, which wreaked havoc across the United States Gulf Coast. While the hurricane led to one of the greatest episodes of internal displacement in United States history, with over a million people forced from their homes and communities, the disaster also had a clear racial dimension. In terms of evacuation, in the state of Louisiana for example, the funded evacuation plan relied on personal vehicles as the primary means of escape. However, Black Americans, who constituted the majority of the pre-Katrina population of New Orleans, were less likely to own cars than whites, and therefore faced a serious disadvantage. Another example comes from Pakistan, where there are allegations that members of the Ahmadiyya Muslim community did not receive equal access to humanitarian services in the aftermath of the catastrophic 2010 floods.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 92
- Paragraph text
- Finally, while internal displacements due to disasters have traditionally been for short periods, their increased frequency and severity, including owing to climate change, point to more chronic situations likely to involve new, more prolonged or definitive displacements - and requiring more comprehensive displacement responses, in particular taking into account the needs of minorities. Moreover, recurrent disasters, such as more frequent flooding for example, can significantly impact the resilience of the people living in disaster-prone areas, including owing to destruction of livelihoods and destruction of homes and basic infrastructure.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 93
- Paragraph text
- Minorities may face particular challenges in the search for durable solutions, which can include returning to places of origin (for internally displaced persons) or voluntary repatriation (for refugees) once crises or disasters have subsided, or alternatively settlement elsewhere in the country (for internally displaced persons) and resettlement to a third State (for refugees) in host communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Minorities in situations of humanitarian crises 2016, para. 95
- Paragraph text
- Local integration and settlement in new communities can be particularly challenging for minorities who are internally displaced persons and refugees, as they need to adapt to new environments, with no support networks, and may be victims of discrimination with host communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph