PART THREE: PROTECTING MINORITY RIGHTS
Elimination of Racial Discrimination in 2000,888 as well as Human Rights Council resolution 26/4, in which
the Council recognized that Roma had, for centuries, faced widespread and enduring human rights violations,
discrimination, rejection, social exclusion and marginalization all over the world and in all areas of life, and
in which it named a specific form of racism faced by Roma: anti-Gypsyism.889
In the 2010s and 2020s, and particularly in the context of the COVID-19 pandemic, United Nations entities,
including the Secretary-General, have expressed concerns at discrimination against persons of Asian descent,
and at bias-motivated attacks and other forms of exclusion against these diverse categories of people and
communities.890
Persons affected by caste- or descent-based discrimination are also the subject of particular concern. Castebased discrimination is the subject of a specific general recommendation by the Committee on the Elimination
of Racial Discrimination.891
PART THREE
The United Nations system has also recognized persons with albinism as a group experiencing racial
discrimination, among other intersecting factors, which is relevant, among other things, as regards protection
under the International Convention on the Elimination of All Forms of Racial Discrimination.892
REFUGEES, STATELESS PERSONS AND MIGRANTS
Refugees and stateless persons are not necessarily ethnic, religious or linguistic minorities. However, they
may be minorities either from within the communities from which they come and/or in their country
of exile.
Individuals may flee their homeland for a variety of reasons, including for reasons of discrimination
on various grounds. In many cases, refugee and stateless communities are also minority groups in the
countries in which they settle. Similarly, migrants may be members of the majority ethnic group in the
country to which they migrate, although migrants and their descendants frequently constitute ethnic
minority communities.
As noted above, States have obligations to ensure the enjoyment of human rights by everyone on their
territory, irrespective of citizenship; as such, non-citizens have the right to non-discrimination on the
basis of their race or ethnicity (and indeed all other grounds), on the same basis as citizens.893 Similarly,
in situations in which refugees, stateless persons, migrant workers and their descendants constitute a
minority community, they should be afforded the rights guaranteed by article 27 of the International
Covenant on Civil and Political Rights and the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities. Indeed, as the Human Rights Committee has
stated: “migrant workers or even visitors in a State party constituting such minorities are entitled not to
be denied the exercise of [minority] rights”.894
In addition to these rights, however, each of these non-citizen groups is the subject of a dedicated, equalitybased protection regime at the international level, which recognizes specific rights existing alongside the
human rights guaranteed to all and any rights that may be enjoyed as minorities. The Convention relating
to the Status of Refugees, adopted in 1951, defines what constitutes a refugee and establishes the rights of
refugees. The Office of the United Nations High Commissioner for Refugees works to protect and realize
these rights and to safeguard refugees more broadly. In addition, it has a mandate to protect stateless
888
Committee on the Elimination of Racial Discrimination, general recommendation No. 27 (2000).
889
See also A/HRC/29/24.
890
UN News, “UN chief ‘profoundly concerned’ over rise in violence against Asians”, 22 March 2021. Available at https://news.un.org/en/
story/2021/03/1088002.
891
Committee on the Elimination of Racial Discrimination, general comment No. 29 (2002). OHCHR has published a toolkit on tackling
descent-based discrimination, which is available at www.ohchr.org/Documents/Issues/Minorities/GuidanceToolDiscrimination.pdf.
892
See, for instance, A/74/190 and Corr.1, para. 5. The web page of the Independent Expert on the rights of persons with albinism is available
at www.ohchr.org/EN/Issues/Albinism/Pages/IEAlbinism.aspx.
893
See, for example, Human Rights Committee, general comment No. 15 (1986), para. 2. See also the discussion of discrimination against
non-citizens above, in section I.A.1(a) of part two of the present guide.
894
Human Rights Committee, general comment No. 23 (1994), para. 5.2.
131