PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
persons, who are also the subject of two international instruments – the 1954 Convention relating to
the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. It also has
a mandate to protect internally displaced persons, as it “exists to protect and assist everyone who has
been affected by forced displacement”.895
The International Organization for Migration, originally not a part of the United Nations system, has
recently been included in the United Nations family.896 The International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families, adopted in 1990, guarantees a
range of rights, including the right to non-discrimination.
On 13 September 2016, in the context of profound global concern, the General Assembly adopted the
New York Declaration for Refugees and Migrants. In the Declaration, the General Assembly strongly
condemns “acts and manifestations of racism, racial discrimination, xenophobia and related intolerance
against refugees and migrants, and the stereotypes often applied to them, including on the basis of
religion or belief”. It recalls that: “Diversity enriches every society and contributes to social cohesion.
Demonizing refugees or migrants offends profoundly against the values of dignity and equality for every
human being, to which we have committed ourselves.”897 Undertaking “commitments that apply to both
refugees and migrants”, the General Assembly commits to address the needs of “all people in vulnerable
situations who are travelling within large movements of refugees and migrants, including women at risk,
children, especially those who are unaccompanied or separated from their families, members of ethnic
and religious minorities, victims of violence, older persons, persons with disabilities, persons who are
discriminated against on any basis, indigenous peoples, victims of human trafficking, and victims of
exploitation and abuse in the context of the smuggling of migrants”.898 It further commits to tackle the
multiple and intersecting forms of discrimination against refugee and migrant women and girls.899 On
the basis of the New York Declaration and acting on its commitments, in December 2018, the General
Assembly adopted the global compact on refugees900 and the Global Compact for Safe, Orderly and
Regular Migration.901
Some religious groups may also be considered to be the subject of ethnic or racial discrimination or related
forms of intolerance. The most widely recognized examples of this phenomenon are Jews and Muslims,
through antisemitism and Islamophobia or anti-Muslim hatred. The history of antisemitism, for example, is
strongly affiliated with the history of racism more broadly. Particular identities may fall on the line between
religion and ethnicity. The United Nations system has dedicated specific attention to both antisemitism902 and
Islamophobia/anti-Muslim hatred.903 More recently, the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance has spoken widely on ethnic profiling based on
suspicion of religious affiliation, in particular as concerns Muslims.904 In some contexts, Christians, Buddhists
and others may also face discrimination, persecution or attack.905
As with the other groups listed here, indigenous peoples enjoy protection in international law under the right
to non-discrimination on the basis of race and/or ethnicity,906 as well as benefiting from the minority rights
132
895
United Nations High Commissioner for Refugees, “Internally displaced people”. Available at www.unhcr.org/uk/internally-displacedpeople.html.
896
For further information, see International Organization for Migration, “IOM history”. Available at www.iom.int/iom-history.
897
General Assembly 71/1, para. 14.
898
Ibid., paras. 21 and 23.
899
Ibid., para. 31.
900
A/73/12 (Part II).
901
General Assembly resolution 73/195.
902
See, for example, A/74/358.
903
See, for example, A/74/195; A/74/215; A/HRC/43/28; and A/HRC/46/30.
904
See, for example, A/HRC/29/46.
905
See, for example, A/74/195; A/74/215; A/HRC/43/28; www.un.org/en/genocideprevention/documents/advising-and-mobilizing/Action_
plan_on_hate_speech_EN.pdf; and UN News, “UN strongly condemns terrorist attack in Egypt”, 26 May 2017. Available at https://news.
un.org/en/story/2017/05/558232-un-strongly-condemns-terrorist-attack-egypt.
906
Committee on the Elimination of Racial Discrimination, general recommendation No. 23 (1997).