situation of minorities as internally displaced persons. in
humanitarian crises and offers perspectives based on the experience of
the UN Human Rights Council mandate on the human rights of
internally find placed persons during the six years that I was honored
and privileged to lead that mandate.
The mandate plays a catalytic role in the protection and assistance
offered to internally displaced persons in the framework of a
specialized regime of international human rights law, international
humanitarian law, and the analogical application of international
refugee law, all anchored in the 1998 Guiding Principles on Internal
Displacement and the 2009 African Union (Kampala) Convention for
the Protection and Assistance of Internally Displaced Persons in
Africa.
Like the protection of minorities, the protection of internally
displaced persons is a specialized regime that is sensitive to the
displacement of minorities. Both the Guiding Principles (GP.9) and
the Kampala Convention (Art. 4(5)) prohibit the displacement of
minorities, including nomadic groups and communities with a special
dependency on land. This is to protect the identity, way of life, and the
special attachment of minorities who are particularly vulnerable to
internal displacement due to their characteristics and geographical
location.
In addition, arbitrary displacement based for example on ethnic
cleansing and racial discrimination is prohibited. These prohibitions
have to be understood as important components of the protection of
minorities in light of their vulnerability in comparison to majority
communities. Persons belonging to minorities that I met in situations
of displacement were often among the poorest, and may experienced
different forms of marginalization prior to displacement, with their
vulnerability exacerbated during displacement. They also mostly
lacked representation in political or other State bodies. In Kosovo,
where at least there are ten MPs belonging to Serb minorities,
government policy on internally displaced Serbs is being influenced by
them.