A/71/254
66. Minority groups fleeing crises can face disproportionate obstacles in terms of
accessing labour markets, when they are in camps and once they are in host
communities. Discrimination and fear is often at the origin of this challenge. The
right to education can also be particularly impeded, especially for childre n who flee
a crisis and enter a country where they do not know the language.
3.
Accessing housing, land and property rights
67. The issue of housing, land and property during crises and their aftermath can
have important implications for minorities. Often clearly linked to the question of
documentation, minorities often do not have official papers to prove their land
rights. Moreover, land may have a particular meaning for minority communities, as
some groups may have a particular attachment to their land or as their whole culture
may rely on land. Therefore in the aftermath of crises, addressing the issue of
security of tenure is essential when addressing the challenges facing displaced
minorities.
68. In some cases, when conflict erupts, minorities may have their property
confiscated. 26 In her report on the visit to Ukraine, the Special Rapporteur referred,
among other concerns, to the loss of property by those displaced from the
Autonomous Republic of Crimea, including reports of property seizure (see
A/HRC/28/64/Add.1, paras. 48 and 62). Furthermore, where minorities flee or are
expelled from their lands owing to conflicts or crises, and new communities have
settled there, it may be particularly challenging for minorities to reclaim those
lands. This difficulty can be compounded where minorities lack documentation to
prove ownership rights (see A/HRC/22/49/Add.1), and in particular where
ownership was established through customary law.
69. According to the Inter-Agency Standing Committee Guidelines, traditional
claims of ethnic minority groups to land title and ownership in the absence of land
title documents should be respected, including through provid ing legal advice or
legal aid to such communities and advocating for the amendment of laws and
procedures, where necessary, for the safeguard of their land rights. 16
4.
Forced returns
70. Minorities may also be at particular risk of forced return, eithe r in the context
of an ongoing humanitarian crisis or once such a crisis is deemed to have ceased.
Return always needs to be voluntary, and carried out in safety and dignity in
participation and consultation with minorities. Regrettably, the Special Rappor teur
has observed with concern examples of minorities forcefully deported back to
situations of crises or persecution. 27
71. Returns following the cessation of conflict have been extensively documented,
in particular in connection with the return of Roma fr om Western Europe to the
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26
27
18/25
OHCHR, “Iraq: impact of conflict on minorities ‘devastating’ — United Nations experts”,
25 July 2014, available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
LangID=E&NewsID=14904.
OHCHR, “Sri Lanka: United Nations experts alarmed at deportations of Pakistani asylum seekers
without assessment”, 14 August 2014, available from www.ohchr.org/en/NewsEvents/Pages/
DisplayNews.aspx?NewsID=14942&.
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