distinguishing between the rights that can be demanded by different
minorities”.
For example, “those who have been established for a long time on the
territory may have stronger rights than those who have recently arrived.”
It suggests that “the best approach appears to be to avoid making an
absolute distinction between ‘new’ and ‘old’ minorities by excluding the
former and including the latter, but to recognize that in the application
of the Declaration the ‘old’ minorities have stronger entitlements than the
‘new’.”2
In practice, under international law, certain minority rights have been made
applicable to recently arrived migrants who share an ethnic, religious
or linguistic identity. Their treatment is to be rooted in the customary
international law principle of non-discrimination, which is fundamental
in international law and is reflected in all human rights instruments and
documents. Indeed, the right not to be discriminated against is guaranteed
under several instruments of direct relevance to minorities. These include
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the Convention relating to
the Status of Stateless Persons, the Convention relating to the Status of
Refugees, and the Declaration on the Human Rights of Individuals Who are
not Nationals of the Country in which They Live.
D.
What is the relationship between minorities, non-citizens
and stateless persons?
A particular problem relating to minorities and citizenship is that all too
often members of certain groups are denied or deprived of their citizenship
because of their national or ethnic, religious and linguistic characteristics.
This practice is contrary to international law, particularly in regard to article
9 of the 1961 Convention on the Reduction of Statelessness, which states
that “a Contracting State may not deprive any person or group of persons
of their nationality on racial, ethnic, religious or political grounds.” It is
thus important to note that discrimination against a person on one of the
aforementioned grounds resulting in the arbitrary deprivation of nationality
may contribute to meeting some of the requirements in the determination
of refugee status.
Most of the world’s estimated 15 million stateless persons also belong to
ethnic, religious or linguistic minorities. Discrimination against minorities
has frequently led to their exclusion from citizenship. Such exclusion is
often experienced in newly independent States that define citizenship in
a manner that excludes persons belonging to certain minority groups who
2
E/CN.4/Sub.2/AC.5/2005/2, paras. 10–11.
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