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PROMOTING AND PROTECTING MINORITY RIGHTS
Refugees fleeing conflicts and persecution are often in a very vulnerable situation. They have
no protection from their own State – indeed, it is often their own Government that is threatening
to persecute them. Refugees seeking asylum in another country usually constitute minorities in
those societies and often face rejection, discrimination and sometimes even xenophobic attacks.
Stateless persons and internally displaced persons are also often exposed to stigmatization
and harassment. Guiding Principles on Internal Displacement (United Nations Office for the
Coordination of Humanitarian Affairs, 2004)77 refers directly to the specific protection needs of
minorities: principle 9 declares 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”.
Protection activities
The principal role of UNHCR is to provide international protection for persons who have been
forced to flee their country of origin. The organization ensures that the international standards of
refugee protection guaranteed in the 1951 Convention, its 1967 Protocol, and various regional
instruments and declarations, including the 1969 Convention Governing the Specific Aspects
of Refugee Problems in Africa, of the Organization of African Unity, and the 1984 Cartagena
Declaration on Refugees, Colloquium on the International Protection of Refugees in Central
America, Mexico and Panama, are respected. Among the rights UNHCR works to protect is
the fundamental right not to be forcibly returned, or refouled, to a territory where the refugee’s
life, liberty or physical security may be threatened. The 1951 Convention also requires nondiscrimination in the application of its provisions and guarantees a certain standard of treatment
in relation to education, housing and employment.
UNHCR regularly issues notes and guidelines on a variety of matters related to the protection
of persons of concern. Many such notes and guidelines relate specifically to national, ethnic,
linguistic and religious minorities, including Guidelines Relating to the Eligibility of Slovak Roma
Asylum Seekers, Note on the nationality status of the Urdu-speaking community in Bangladesh
and UNHCR’s Eligibility Guidelines for Assessing the International Protection Needs of Individuals
from Kosovo.
According to the Statute of UNHCR (art. 8(a)), the High Commissioner for Refugees shall provide
for the protection of refugees falling under the competence of his (or her) Office by “promoting the
conclusion and ratification of international conventions for the protection of refugees, supervising
their application and proposing amendments thereto”. The governing Executive Committee of
UNHCR has adopted conclusions on international protection which relate to minority issues. In
conclusions No. 68 and No. 71, the Executive Committee acknowledges that ethnic intolerance
causes forced migration, and conclusion No. 80 states that upholding human rights for minorities
is one way to combat displacement. Conclusion No. 102 stresses the importance of identifying
the particular protection risks of minority refugees in order to protect all refugees. Although not
formally binding, the Executive Committee’s conclusions constitute “soft law” which is relevant to
the international protection regime, as they express opinions that are broadly representative of
the views of the international community.
When UNHCR is active in a minority group’s country of origin, whether to assist returnees or
protect internally displaced persons, it has often been engaged in specific activities to protect
and assist minority groups. With the dissolution of the Soviet Union, for example, UNHCR
facilitated durable solutions not only for refugees but also for minority groups whose members
had been deported to other parts of the Soviet Union decades earlier. UNHCR was directly
Available from www.unhcr.org/43ce1cff2.pdf (accessed 2 December 2012).
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