A/HRC/45/CRP.7
linguistic minorities. Persons belonging to such minorities have the right, in community with
other members of their group, to enjoy their own culture, to profess and practice their own
religion and to use their own language.448
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Non-discrimination (more broadly)
298. Non-discrimination is guaranteed by international human rights law. Duty-bearers
have to respect and to ensure the human rights of all individuals within their jurisdictions
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.449 In line with the obligation
to respect, protect and fulfil human rights, this cross-cutting principle is not only meant to
ensure that duty-bearers do not take discriminatory measures, but also that they protect
individuals against discrimination by other entities and take positive steps to that effect.
International humanitarian law also provides that any adverse distinction in its application is
prohibited, whether it is based on race, colour, sex, language, religion or belief, political or
other opinion, national or social origin, wealth, birth or other status, or on any other similar
criteria.450
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Human rights defenders and journalists
299. During this phase of its investigations, the Group of Experts has focused on the
situation of journalists and human rights defenders in Yemen. Of particular importance to
journalists in their work is freedom of expression, including the freedom to access and impart
information and ideas of all kinds.451 Under international human rights law, freedom of
expression may be restricted, but only as provided by the law and as necessary for the
protection of the rights and freedoms of others, as well as for the protection of national
security, public safety, order, health or morals. Both journalists and human rights defenders,
are entitled to the full range of protections relating to, for example, their liberty and security,
rights of fair trial, freedom of movement, and the right to work. They must be protected from
violations such as torture, arbitrary detention, and enforced disappearance or unfair trials. 452
Under international humanitarian law, journalists and human rights defenders, as part of the
civilian population, are protected from being made the object of attack.
1. Introduction
300. The Group of Experts is concerned at the situation of minorities, migrants, IDPs and
refugees who face ongoing discrimination and whose risk of exploitation and physical abuse
is exacerbated by the dire economic situation and the conflict itself. The Group has previously
reported on violations by parties to the conflict against African migrants,453 the religious
Baha’i minority454 and the social minority of Yemenis pejoratively referred to as the
“Muhamasheen”.455
301. During the reporting period, due to the challenges and limitations highlighted in the
methodology section of this report, the Group had to narrow the scope of its investigation
and was not able to conduct further or in depth investigations on the situation of the so-called
448
ICCPR, art. 27.
ICCPR, art. 2(1), and ICESCR, art. 2(2).
450 Additional Protocol II, art. 4 (1); see ICRC Study on Customary International Humanitarian Law,
rule 88.
451 Art. 19(2) ICCPR. Freedom of expression may be derogated from during a state of emergency,
though the Human Rights Committee has concluded that freedom of opinion should be considered as
non-derogable: Human Rights Committee, General Comment No. 34 on Article 19: Freedoms of
opinion and expression, (2011), para. 5.
452 Ibid. para. 47.
453 See A/HRC/42/CRP.1, paras. 290-291, paras. 640-643, and paras. 833-840.
454 See A/HRC/42/CRP.1, paras. 815-822.
455 See A/HRC/42/CRP.1, paras. 295-297, para.620, paras. 639-643, para. 726, and paras. 823-832.
449
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