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community or communities and ensure that members of minority groups receive the same
protection from attacks, summary or arbitrary execution, arbitrary detention or any other
human rights violation as other civilians at all times, without any discrimination.
58.
States should not place restrictions on the freedom of movement of particular
individuals or groups of civilians on the sole basis that the individual or group shares
ethnic, religious, linguistic or other characteristics with other parties to a conflict. In
particular, under no circumstance should States restrict access to safe locations on the basis
of discrimination against minorities or other grounds prohibited by international human
rights or humanitarian law. No measures should be taken which unduly limit or restrict the
enjoyment of all human rights of minorities, including their right to freedom of expression
or association.
59.
When deploying security services to protect populations at risk, States should give
special consideration to issues and concerns of communities and the possible lack of trust
of some minority groups with regard to security forces. Responses to a crisis must therefore
be appropriate and culturally sensitive and seek to establish a link with the particular
community or communities where such operations take place. Any laws or measures
brought into effect with a view to addressing a humanitarian crisis must comply with the
State’s obligations under international human rights law, including the conditions and limits
to the scope of derogating measures in situations of emergency, and should not, by
intention or in effect, unjustifiably expose members of minorities or minority communities
to increased vulnerability vis-à-vis security forces.
60.
States should ensure that protection responses are participatory, non-discriminatory
and sensitive to the specific needs of minorities. 14 They should provide the necessary
support to traumatized minorities and include a psychosocial dimension in their protection
responses.
61.
The United Nations and other international actors should identify and implement
measures to provide additional appropriate protection during crises to those who may have
suffered traumatization or persecution either before or as a result of the crisis.
62.
States should implement, in accordance with general recommendation No. 30 (2013)
of the Committee on the Elimination of Discrimination against Women, special security
measures to protect minority women from gender-based violence and sexual abuse, given
that women are at a heightened risk of violence, including sexual violence, during and after
conflicts.
63.
States should make every effort to preserve family unity and to enable family
reunification for minorities affected by crises.
64.
States must refrain from and prohibit forced eviction, demolition of houses,
destruction of agricultural areas and arbitrary confiscation or expropriation of land as acts
of discrimination, punitive measures or means or method of war directed against certain
minority groups.15
65.
The United Nations and other international actors should take all necessary
precautions to understand and address any issues or tensions arising from the changing
dynamics between different minority groups or with a majority group when a displaced
population arrives. This applies notably in camps for internally displaced persons and in
areas where internally displaced populations reside with a host community. They should
14
15
See, UNHCR, A Community-based Approach in UNHCR Operations (January 2008).
See the principles on housing and property restitution for refugees and displaced persons
(E/CN.4/Sub.2/2005/17, annex).
11