A/71/254
45. The 1984 Cartagena Declaration on Refugees (Cartagena Declaration) is
heralded as a key accomplishment in the development of the refugee protection
regime in the Americas. Adopting a broad definition of who can be considered a
refugee, it goes beyond the definition contained in article 1(A) of the 1951
Convention and the 1967 Protocol, by extending to “persons who have fled their
country because their lives, safety or freedom have been threatened by generalized
violence, foreign aggression, internal conflicts, massive violation of human rights or
other circumstances which have seriously disturbed public order.” Although not
binding, some States have adopted it into their national law.
46. Furthermore, in 2013, the General Assembly of the Organization of American
States approved two new international legal instruments: the Inter -American
Convention against Racism, Racial Discrimination and Related Forms of
Intolerance and the Inter-American Convention against all Forms of Discrimination
and Intolerance. The latter is more comprehensive in the protection of vulnerable
groups, including minorities, and also includes innovative formulations that
specifically benefit internally displaced persons in the region. The Convention
expressly forbids discrimination against internally displaced persons regarding
access to public services and curtailment of rights related to employment,
subsistence and political participation. Therefore the Convention can also assist in
situations of discrimination against internally displaced persons who also belong to
other minority groups. The Convention, however, has not yet entered into force.
F.
Nexus between humanitarian crises and minority status
47. There is sometimes a direct causal link between belonging to a minority group
and being affected by a humanitarian crisis. Indeed, belonging to a minority group
can be a direct factor leading to displacement in the context of conflict. As has been
observed by OHCHR, the “lack of respect for, lack of protection and lack of
fulfilment of the rights of minorities may be at least a contributing factor if not the
primary cause of displacement and may in the worst cases — even lead to the
extinction of such communities. The displacement of minorities can thus serve as an
indicator of the degree to which their rights are respected, protected and fulfilled in
the country from which they are displaced.” 19
48. However, although there are case studies that document the direct link
between minorities and humanitarian crises, research on this issue has been largely
limited to ad hoc reports on specific situations or conflicts. Indeed, it is very
difficult to find statistics or data on the disproportionate impact of conflic t and
crises of minorities.
49. Nevertheless overall trends do indicate a correlation between the impact of
crises and minority status. 20 As the Special Rapporteur in her report on religious
minorities (A/68/268, para. 81) has stated, information received from all regions
regrettably reveals the far greater risks faced by religious minorities both in times of
peace and during conflict and post-conflict contexts. Such persons may be
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19
20
14/25
OHCHR, “Minority rights: international standards and guidance for implementation”,
HR/PUB/10/3 (New York and Geneva, 2010).
See A/HRC/32/35, para. 76, wherein the Special Rapporteur on the human rights of internally
displaced persons noted that internal displacement disproportionately affects certain
communities, including minority groups.
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