A/71/254
points regarding the inclusion of minorities in humanitarian relief work. The
Framework specifically notes the importance of diversity, and highlights that
through embracing diversity, it is possible to reduce the impact of many other
humanitarian problems, including violence, inequitable health care and the negative
consequences of disasters. 17
3.
International Refugee Law
37. The 1951 Convention Relating to the Status of Refugee s and its 1967 Protocol
are the key international legal instruments defining international refugee protection
obligations, at the global level. The Convention defines a refugee and the r ights
attached to refugee status. The 1967 Protocol subsequently removed the temporal
found in the 1951 Convention. Indeed, the core principles of refugee protection as
defined by the 1951 Convention and the 1967 Protocol therefore provide specific
protection on the basis of persecution because of minority status.
38. The Convention also stipulates in its article 3 that “Contracting States shall
apply the provisions of this Convention to refugees without discrimination as to
race, religion or country of origin”. Therefore, refugees arriving in a country and
becoming a minority in the host country should be protected against discrimination
as to race, religion or country of origin.
39. UNHCR has also developed policies and materials that provide further
guidance regarding refugees on how to ensure that refugee protection responses are
participatory, non-discriminatory, and sensitive to the specific needs of all persons
of concern, including the specific needs of members of minority groups. Its
Executive Committee (ExCom), comprising over 90 States, adopted in 2005 a
General Conclusion on International Protection No. 102 which “acknowledges the
important contribution of the age and gender and diversity mainstreaming strategy
in identifying, through a participatory approach, the protection risks faced by the
different members of the refugee community; and encourages UNHCR and its NGO
partners to continue to roll out and implement on the ground this important strategy,
as a means to promote the rights and well-being of all refugees, in particular the
non-discriminatory treatment and protection of refugee women and refugee children
and minority groups of refugees”.
40. UNHCR’s Age, Gender and Diversity policy (2011) specifically addresses
diversity, which is understood as referring to “different values, attitudes, cultural
perspectives, beliefs, ethnic background, nationality, sexual orientation, gender
identity, ability, health, social status, skill and other specific personal
characteristics” (see sect. II.5). It further acknowledges that “women and men
belonging to national or ethnic, religious and linguistic minorities or indigenous
groups often experience discrimination and marginalization, factors that are
compounded in forced displacement situations. Age, gender and other specific
factors may expose them to additional protection risks and discrimination. ” It
therefore advises UNHCR staff to work closely with minority and indigenous
groups to identify the risks they face as well as strategies to mitigate them, whi ch is
of fundamental importance (see sect. V.23).
__________________
17
12/25
International Federation of Red Cross and Red Crescent Societies, “International Federation of
Red Cross strategic framework on gender and diversity issues 2013 -2020”, available from
www.ifrc.org/Global/Documents/Secretariat/201412/IFRC%20Strategic%20Framework%20on%
20Gender%20and%20Diversity%20Issues-English.pdf.
16-13193