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 - 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 - 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 76

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