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non-discrimination. 9 Indeed, the principles of non-discrimination and equality are
the fundamental pillars of human rights and minority protection. Similarly, the right
to liberty and security of person, 10 prohibition of torture and other ill treatment, 11
and the right to life 12 are relevant for the treatment of minorities in the context of
humanitarian crises.
33. Given that minorities are often at risk of statelessness, the 1954 Convention
Relating to the Status of Stateless Persons and the 1961 Convention on the
Reduction of Statelessness are also relevant. Article 9 of the 1961 Convention
stipulates that “A Contracting State may not deprive any person or group of persons
of their nationality on racial, ethnic, religious or political grounds”.
2.
International Humanitarian Law
34. Underlying International Humanitarian Law are the principles of humanity,
impartiality, 13 neutrality, 14 and independence, 15 and the key norm of “Do no harm”.
In the context of minority rights, this is inherently interlinked with the principle of
non-discrimination, and therefore all humanitarian action should therefore strive to
treat minorities equally, without adverse distinction.
35. The Inter-Agency Standing Committee (IASC), the primary mechanism for
inter-agency coordination of humanitarian assistance, has developed Operational
Guidelines on protection of persons in situations of na tural disaster. 16 This document
also contains important references to minorities and an annex on the protection of
specific groups, cross-referencing the relevant guidelines.
36. The International Federation of the Red Cross has also developed a Strategic
Framework on Gender and Diversity for 2013-2020 which includes some important
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10
11
12
13
14
15
16
16-13193
This includes: the International Covenant on Economic, Social and Cultural Rights; the United
Nations Convention on the Elimination of All Forms of Racial Discrimination; United Nations
Convention on the Prevention and Punishment of the Crime of Genocide; the United Nations
Convention on the Rights of the Child, and others. See Office of the High Commissioner for
Refugees, “Minority rights: international standards and guidance for implementation”,
HR/PUB/10/3 (New York and Geneva, 2010), chap. 1.A.
Universal Declaration of Human Rights, articles 3 and 9; International Covenant on Civil and
Political Rights, article 9; and International Convention on the Elimination of All Forms of
Racial Discrimination, article 5 (a) and (b).
Ibid., article 5; International Covenant on Civil and Political Rights, article 7; Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
International Convention on the Elimination of All Forms of Racial Discrimination, article 5 (b).
Ibid., article 3; International Covenant on Civil and Political Rights, article 6; and International
Convention on the Elimination of All Forms of Racial Discrimination, article 5 (b).
Office for the Coordination of Humanitarian Activities, guiding principles, Humanitarian actors
must not take sides in hostilities or engage in controversies of a political, racial, religious or
ideological nature.
Ibid., Humanitarian action must be carried out on the basis of need alone, giving priority to the
most urgent cases of distress, making no distinction on the basis of nationality, race, gender,
religious belief, class or political opinions.
Ibid., Humanitarian action must be autonomous from the political, economic, military or other
objectives that any actor may pursue with regard to areas where humanitarian action is
implemented.
The Brookings-Bern Project on Internal Displacement, “Inter-Agency Standing Committee
operational guidelines on the protection of persons in situations of natural disasters”
(Washington, D.C., 2011), available from www.brookings.edu/~/media/research/files/reports/
2011/1/06-operational-guidelines-nd/0106_operational_guidelines_nd.pdf.
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