The concept and the legal status of migrant and displaced persons.

A displaced person (sometimes abbreviated DP) is a person who has been forced to leave his or her native place, a phenomenon known as forced migration.

If the displaced person has crossed an international border and falls under one of the relevant international legal instruments, they are considered a refugee.^[3] A forced migrant who left his or her home because of political persecution or violence, but did not cross an international border, is commonly considered to be the less well-defined category of internally displaced person (IDP), and is subject to more tenuous international protection. The forced displacement of a number of refugees or internally displaced persons according to an identifiable policy is an example of population transfer. A displaced person who crosses an international border without permission from the country they are entering is an illegal immigrant. The most visible recent case of this is the large number of North Koreans who have settled in the border region of China.

A migrant who fled because of economic hardship is an economic migrant. A special sub-set of this is development-induced displacement, in which the forced migrant was forced out their home because of economically driven projects like that of the Three Gorges Dam in China and various Indian dams. The internally displaced person generally refers to one who is forced to migrate for reasons other than economic conditions, such as war or persecution. There is a body of opinion that holds that persons subject to development-induced displacement should have greater legal protection than that granted economic migrants.

Persons are often displaced due to natural or man-made disasters. Displacement can also occur as a result of slow-onset climate change, such as desertification or sea-level rise. A person who is displaced due to environmental factors which negatively impact his or her livelihood is generally known as an environmental migrant. Such displacement can be cross-border in nature but is frequently internal. No specific international legal instrument applies to such individuals. Foreign nations often offer disaster relief to mitigate the effects of such disaster displacement. Bogumil Terminski distinguishes two general categories of internal displacement: displacement of risk (mostly conflict-induced displacement, deportations and disaster-induced displacement) and displacement of adaptation (associated with voluntary resettlement, development-induced displacement and environmentally-induced displacement)

 

89) The agreement on assistance to refugees and internally displaced persons between the countries of the CIS.

Migration as a spatial movement of population is characteristic of all human societies.

The United Nations has taken a number of initiatives to address the problem, including, on the normative side, the adoption of the Guiding Principles on Internal Displacement, and on the institutional side, the establishment of a collaborative approach with the Emergency Relief Coordinator as the Focal Point on the issue at Headquarters level. Large numbers of internally displaced persons remain without humanitarian assistance or protection, underlining the selective, uneven and in many cases, inadequate response of the international community, and the need to examine more effective ways to address the problem of internal displacement With that objective in mind, UNHCR has reviewed and refined its policy and role with the internally displaced. A fundamental assumption of the policy is that humanitarian organisations must work together to address the needs of the internally displaced, and that a better understanding of what individual agencies are able and willing to do for the internally displaced can help to strengthen collaboration. By clarifying its own role and responsibilities on behalf of the internally displaced, UNHCR hopes to make a positive contribution to the efforts to improve the response of the United Nations system. Prospects for functioning refugee policies are bleaker in the CIS countries, which are not part of the EU harmonization process. Despite some notable successes as well as greatly varying results achieved through the CIS Conference, most CIS countries have not yet bridged critical gaps in regards to legislative and administrative frameworks, humanitarian status, documentation and integration of refugees, or raised public awareness to reduce xenophobia, discrimination, and intolerance. However, the seven Eastern European countries of the CIS (Armenia, Azerbaijan, Georgia, Belarus, Moldova, Russia, Ukraine) are at least members of the European Human Rights Convention, which, if applied adequately, supports refugees’ need for protection. In Central Asia, European judicial protection is not applicable. Despite the ratification of the international refugee standards in four of the five Central Asian countries (Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan), the post September 11 climate tends to take precedence over refugees’ need for protection.

 

90) The concept of minorities in international law. The value of the UN General Assembly and the Economic and Social Council in protecting the rights of minorities. UN Resolution 217 (III) of 10 December 1948 "The fate of minorities."

The term minority rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second,collective rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is not part of a majority decision. human rights standards that codify minority rights include the International Covenant on Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and the Organization for Security and Co-operation in Europe (OSCE) Copenhagen Document of 1990.

Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of LGBT people,The Yogyakarta Principles have been approved by the United Nations Human Rights Council and for the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilitieswas adopted by United Nations General Assembly.

To protect minority rights, many countries have specific laws and/or commissions or ombudsman institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights).^[3]

While initially, the United Nations treated indigenous peoples as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169 of the International Labour Organization and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).

In 2008 a declaration on LGBT rights was presented in the UN General Assembly, and in 2011 a LGBT rights resolution was passed in the United Nations Human Rights Council (See LGBT rights at the United Nations).

There are many political bodies which also feature minority group rights. This might be seen in affirmative action quotas, or in guaranteed minority representation in a consociational state.

 

91) The competence of the UN Commission on Human Rights. The Sub-Commission on Prevention of Discrimination and Protection of Minorities. The composition, the Sub-Commission and its competence.

The term minority rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second,collective rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is not part of a majority decision. human rights standards that codify minority rights include the International Covenant on Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and the Organization for Security and Co-operation in Europe (OSCE) Copenhagen Document of 1990.

Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of LGBT people,The Yogyakarta Principles have been approved by the United Nations Human Rights Council and for the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilitieswas adopted by United Nations General Assembly.

To protect minority rights, many countries have specific laws and/or commissions or ombudsman institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights).^[3]

While initially, the United Nations treated indigenous peoples as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169 of the International Labour Organization and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).

In 2008 a declaration on LGBT rights was presented in the UN General Assembly, and in 2011 a LGBT rights resolution was passed in the United Nations Human Rights Council (See LGBT rights at the United Nations).

There are many political bodies which also feature minority group rights. This might be seen in affirmative action quotas, or in guaranteed minority representation in a consociational state.

92) "The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities" in 1992

 

"Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities" reaffirms the fundamental rights of minorities and more specifically describes how minorities might exercise those rights and how states ought to protect them. The Declaration begins by recognizing past international agreements on human rights and the work that UN offices and non-governmental organizations have done to promote respect for the rights of minorities. The principles contained in the Declaration apply to persons belonging to minorities in addition to the universally recognized human rights guaranteed in other international instruments. After declaring that states "shall protect" minorities through legislation and other means, the Declaration outlines the right of minorities to associate, participate in public life, and otherwise freely embrace their distinctiveness without discrimination. States are then charged with protecting minorities rights and ensuring "adequate opportunities" for minorities to both "express their characteristics" and integrate into society as a whole. The Declaration closes by encouraging states to cooperate regarding minority rights and reminds them of their obligations under other international agreements. The General Assembly, on the occasion of the adoption of the Declaration, called on the international community to direct its attention to making the standards effective through international and domestic mechanisms. This included, in particular, the dissemination of information on the Declaration and the promotion of understanding thereof; appropriate mechanisms for its effective promotion and consideration of the Declaration within the mandates of the relevant organs and bodies of the United Nations.

 

93) The value of the UN specialized agencies for activities to promote and protect the rights of national minorities.

The term minority as used in the United Nations human rights system usually refers to national or ethnic, religious and linguistic minorities, pursuant to the United Nations Minorities Declaration. All States have one or more minority groups within their national territories, characterized by their own national, ethnic, linguistic or religious identity, which differs from that of the majority population.According to a definition offered in 1977 by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, a minority is: A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members - being nationals of the State - possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language.In addition, it has been argued that the use of subjective criteria, such as the will on the part of the members of the groups in question to preserve their own characteristics and the wish of the individuals concerned to be considered part of that group, combined with certain specific objective requirements, such as those listed in the Capotorti definition, should be taken into account. It is now commonly accepted that recognition of minority status is not solely for the State to decide, but should be based on both objective and subjective criteria.While the United Nations Minorities Declaration is devoted to national, ethnic, religious and linguistic minorities, it is also important to combat multiple discrimination and to address situations where a person belonging to a national or ethnic, religious and linguistic minority is also discriminated against on other grounds such as gender, disability or sexual orientation. Similarly, it is important to keep in mind that, in many countries, minorities are often found to be among the most marginalized groups in society and severely affected by, for example, pandemic diseases, such as HIV/AIDS, and in general have limited access to health services.

 

94) The concept of minorities in international law. The value of the UN General Assembly and the Economic and Social Council in protecting the rights of minorities. UN Resolution 217 (III) of 10 December 1948 "The fate of minorities.

The term minority rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second,collective rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is not part of a majority decision. human rights standards that codify minority rights include the International Covenant on Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and the Organization for Security and Co-operation in Europe (OSCE) Copenhagen Document of 1990.

Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of LGBT people,The Yogyakarta Principles have been approved by the United Nations Human Rights Council and for the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilitieswas adopted by United Nations General Assembly.

To protect minority rights, many countries have specific laws and/or commissions or ombudsman institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights).^[3]

While initially, the United Nations treated indigenous peoples as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169 of the International Labour Organization and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).

In 2008 a declaration on LGBT rights was presented in the UN General Assembly, and in 2011 a LGBT rights resolution was passed in the United Nations Human Rights Council (See LGBT rights at the United Nations).

There are many political bodies which also feature minority group rights. This might be seen in affirmative action quotas, or in guaranteed minority representation in a consociational state.

 

95) The competence of the UN Commission on Human Rights. The Sub-Commission on Prevention of Discrimination and Protection of Minorities. The composition, the Sub-Commission and its competence.

The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights.On 15 March 2006, the UN General Assembly voted overwhelmingly to replace UNCHR with the UN Human Rights Council. In 1999 the Economic and Social Council changed its title from the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Sub-Commission on the Promotion and Protection of Human Rights ".^[2]

The Sub-Commission on the Promotion and Protection of Human Rights was the main subsidiary body of the Commission on Human Rights. It was composed of twenty-six experts whose responsibility was to undertake studies, particularly in light of the Universal Declaration of Human Rights, and make recommendations to the Commission concerning the prevention of discrimination of any kind relating to human rights and fundamental freedoms and the protection of racial, national, religious and linguistic minorities. Membership was selected with regard to equitable geographical distribution.

The Sub-Commission established seven Working Groups that investigate specific human rights concerns, including:

· Minorities

· Transnational corporations

· Administration of justice

· Anti-terrorism

· Contemporary Forms of Slavery

· Indigenous Populations

· Communication

· Social Forum

The United Nations Human Rights Council assumed responsibility for the Sub-Commission when it replaced the Commission on Human Rights in 2006. The Commission on Human Rights established 30 special procedures, or mechanisms, to address specific country situations or thematic issues such as freedom of expression and opinion,torture, the right to food, and the right to education