A/62/280
reconverted to Islam. He was subsequently expelled from the territory of Yemen as
an alternative to the continuation of the Yemeni trial proceedings on charges of
apostasy. 23
2.
Legal framework
52. Universal human rights set out in the Universal Declaration of Human Rights
of 1948, including the right to freedom of religion or belief, apply to all human
beings everywhere. In addition, refugees have specific rights and duties in their
country of refuge according to international refugee law.
53. The term “refugee” as defined in article 1 A (2) of the 1951 Convention (as
amended by the 1967 Protocol) means any person who, “owing to well-founded fear
of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his nationality
and is unable or, owing to such fear, is unwilling to avail himself of the protection
of that country, or who, not having a nationality and being outside the country of his
former habitual residence as a result of such events, is unable or, owing to such fear,
is unwilling to return to it”. A person who is seeking to be recognized as a refugee is
an asylum-seeker. Article 4 of the 1951 Convention provides: “The Contracting
State shall accord to refugees within their territories treatment at least as favourable
as that accorded to their nationals with respect to freedom to practise their religion
and freedom as regards the religious education of their children”. Furthermore,
article 33 of the 1951 Convention outlines the obligation of non-refoulement: “No
Contracting State shall expel or return (‘refouler’) a refugee in any manner
whatsoever to the frontiers of territories where his life or freedom would be
threatened on account of his race, religion, nationality, membership of a particular
social group or political opinion.” No reservation is permitted to either article 4 or
article 33 of the 1951 Convention.
54. The term “internally displaced persons” refers to persons or groups of persons
who have been forced or obliged to flee or to leave their homes or places of habitual
residence, in particular as a result of or in order to avoid the effects of armed
conflict, situations of generalized violence, violations of human rights or natural or
human-made disasters, and who have not crossed an internationally recognized State
border. The Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2)
set out a basic normative framework, applying the provisions of international human
rights and humanitarian law, as well as refugee law by analogy, to victims of
internal displacement. Principle 5 provides that “[a]ll authorities and international
actors shall respect and ensure respect for their obligations under international law,
including human rights and humanitarian law, in all circumstances, so as to prevent
and avoid conditions that might lead to displacement of persons”. The Principles
“shall be applied without discrimination of any kind, such as … religion or belief”
(principle 4). Internally displaced persons, whether or not they are living in camps,
shall not be discriminated against, as a result of their displacement, in the enjoyment
of “the rights to freedom of thought, conscience, religion or belief, opinion and
expression” (principle 22). Furthermore, “[e]ducation should respect their cultural
identity, language and religion” (principle 23).
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23
07-48490
E/CN.4/2001/63, para. 147 and Government’s reply, para. 148.
15