between humanitarian assistance and development processes and for greater political will
to bring to bear the necessary resources to do away with crises. He also affirmed that
discourses on security in the face of terrorism had negatively affected the way we deal
with our border control, which has become incompatible with the protection of the
person.
Item II. Legal framework and key concepts
This session provided an overview of existing provisions of international human rights
law, international humanitarian law, refugee law and disaster law as well as
humanitarian principles relevant to non-discrimination and the respect, protection and
fulfilment of the rights of minorities in situations of humanitarian crisis. The session
explored ways to bridge gaps between international standards and national legislation
and its implementation, and reviewed the role of legal and policy frameworks for
increasing the accountability of international humanitarian actors towards affected
populations, including minorities.
Prof. Geoff Gilbert, University of Essex, remarked that for the vast majority of persons
seeking international protection, protection is group-focused, in distinction to the
individualized and judicialized process of refugee status determination in the North. He
highlighted that the grounds for finding persecution of refugees mirrors the recognized
criteria for minority groups in international law. He called for a comprehensive approach
to minority protection in international law in times of displacement arising from
humanitarian crises. He explored how refugees can themselves represent a minority. He
recalled that the principle of non-discrimination embedded in the 1951 Convention
relating to the Status of Refugees, in the statute of the UNHCR as well as in the protocols
to the Geneva Conventions of 1977, is a fundamental element of international protection
of refugees and displaced persons. He emphasized the importance of guaranteeing the
right to education for refugees, particularly since many situations of displacement are of a
protracted nature. He concluded by stating that upholding minority rights will help reduce
the number of minority group members needing to flee and would help guarantee better
protection where flight was the only real option.
Dr Sandra Krähenmann, Geneva Academy of International humanitarian law and
human rights, remarked how the marginalization of minorities can be a structural
precondition or be instrumentalized in the lead up to an armed conflict, and can constitute
a factor in early warning and conflict prevention strategies. She discussed the impact of
armed conflicts on minorities, and how such impacts tend to exacerbate pre-existing
challenges that minorities face, and to deepen divisions along ethnic, linguistic and
religious lines. Sexual and gender based violence is often employed in a symbolic manner
to attack the identity of a minority group or as part of a genocidal strategy. While
international humanitarian law does not provide specific protection for “minorities” as
such, it does effectively protect minorities via the guiding principle of prohibition of
adverse distinction, which applies in the treatment of civilians and in the distribution of
humanitarian relief. International humanitarian law does not address the accountability of
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