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101. In Israel, Jews of Ethiopian origin (Falasha), whose culture and some of whose ancestral
religious practices are different from those of the majority of the population, are allegedly
subjected to frequent discrimination in medical care, education, professional training and
housing policy (see E/CN.4/1997/71, para. 120 ff.).
102. The Commission on Human Rights, in its resolution 1999/9 of 23 April 1999, noted with
deep concern the complex nature of the conflict in Afghanistan, including ethnic, religious and
political aspects, which have resulted in extensive human suffering and forced displacement,
including on the grounds of ethnicity, and condemned the widespread violations and abuses of
human rights, including the right to freedom of religion.
(b)
Discrimination involving a majority and ethnic and religious groups not defined as a
minority
103. As we have said, in the absence of an explicit definition of a minority in treaty law, most
authors agree that there are core characteristics that allow us to distinguish a minority from the
majority and from other groups of people living in a given territory. One of the criteria that may
be lacking is the “objective” one of the absence of a link of nationality between the persons
concerned and the State in whose territory they temporarily or permanently reside. This
hypothesis concerns persons from immigrant communities. Other criteria may also be lacking,
such as the absence of the subjective criterion or, in other words, the lack of a manifest desire on
the part of group members to gain acceptance for their own characteristics as a minority, whose
members would offer each other mutual support.114 Of course, the absence of a particular
criterion fortunately does not imply the absence of protection. The international instruments
protect human rights independently of the existence of a link of nationality or whether the person
concerned belongs to a minority in the terms of article 27 of the Covenant.
104.
A large number of religions and ethnic groups are concerned here:
− Discrimination and xenophobia directed at North African or Arab nationals or
nationals of Arab or North African origin in western Europe and the United States
(E/CN.4/1997/71, para. 24) and Turkish nationals or those of Turkish origin in
Germany (E/CN.4/1996/72, paras. 21 and 23, and para. 25 ff.), and Austria
(E/CN.4/1997/71, para. 55 ff.);
− Discrimination against Palestinians in Israel (E/CN.4/1995/91, para. 69);
− Discrimination and intolerance in the Arab countries of the Gulf directed against
foreign nationals whose religion is not sanctioned by the Koran, such as Hindus,
Sikhs and Buddhists (ibid., paras. 38-39 and 54; E/CN.4/1998/6, paras. 64 and 68);
− Discrimination in Arab countries against Christians from Western countries
(E/CN.4/1995/91, paras. 53-54; E/CN.4/1997/91, para. 19);
− Discrimination and intolerance affecting the Muslim community, particularly
Muslims of Indian and Pakistani origin in the United Kingdom (E/CN.4/1998/79,
para. 36);