A/69/266
Rapporteur on the situation of human rights in Myanmar visited in 2014 and stated
that community-based, political and religious groups had been conducting, with
impunity, well-organized and coordinated campaigns of incitement to
discrimination, hostility and violence against Rohingya and other Muslim minorities
(A/HRC/25/64, para. 21). He noted the propagation of an agenda to rid Rakhine
State of the estimated one million Rohingyas who lived there and concluded that the
pattern of widespread and systematic human rights violations in Rakhine State
might constitute crimes against humanity ( A/HRC/25/64, paras. 45 and 51).
11. In the Central African Republic, armed clashes escalated in 2014, with
Christians and Muslims launching reprisal attacks against each other in a country that
had rarely before experienced such sectarian violence. In March 2014, the United
Nations Special Adviser on the Prevention of Genocide described the abuses as
crimes against humanity and stated that Muslims were being deliberately and
systematically targeted by the anti-balaka militias and by mobs of civilians in Bangui
and in the countryside. 4 He had warned in November 2013 of the risk of genocide. 5
III. International legal framework
12. The Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities (General Assembly resolution 47/135, annex)
has established that 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” (art. 1,
para. 1). Its preamble emphasizes that the promotion and protection of the rights of
persons belonging to minorities contribute to the political and social stability of
States in which they live and that the constant promotion and reali zation of their
rights as “an integral part of the development of society as a whole and within a
democratic framework based on the rule of law, would contribute to the
strengthening of friendship and cooperation among peoples and States”.
13. In its commentary on the Declaration (see E/CN.4/Sub.2/AC.5/2005/2), the
Working Group on Minorities stated that the protection of the existence of minorities
included their physical existence, their continued existence on the territories on which
they lived and their continued access to the material resources required to continue
their existence on those territories, and that they should neither be physically
excluded from the territory nor excluded from access to the resources required for
their livelihood. The Working Group considered that the right to existence in its
physical sense was sustained by the Convention on the Prevention and Punishment of
the Crime of Genocide, and that forced population transfers intended to move persons
belonging to minorities away from the territory on which they lived, or with that
effect, would constitute serious breaches of contemporary international standards,
including the Rome Statute of the International Criminal Court.
14. In the Convention on the Prevention and Punishment of the Crime of Genocide
(General Assembly resolution 260 A (III), annex), genocide is recognized as an
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4
5
14-58850
www.un.org/en/preventgenocide/adviser/pdf/2014-03-12%20Statement%20of%20USG%20
Adama%20Dieng%20to%20the%20Security%20%20Council.%20FINAL.pdf.
www.un.org/en/preventgenocide/adviser/pdf/Statement%20by%20Mr.%20Adama%
20Dieng,%20United%20Nations%20Special%20Adviser%20on%20the%20Prevention%20of%2
0Genocide,%20at%20the%20Arria%20Formula%20Meeting%20of%20.pdf.
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