A/HRC/4/WG.3/6
page 31
spheres of law are complementary, not mutually exclusive.”87 Thus, in order to counter racism
and xenophobia under foreign occupation it is necessary to draw on both branches of law,
looking for the most effective means.
Assessment and recommendations
97. The experts agree, of course, that foreign occupation significantly heightens the risk of
racial and xenophobic discrimination against the affected population. While examining the
modalities of an appropriate response to such a situation, the experts arrived at the conclusion
that normatively it is covered by both international humanitarian and human rights law. The
problem is, however, that it is precisely under foreign occupation that international mechanisms,
as experience shows, have limited impact, if any, and thus, an effective protection against racism
and xenophobia is particularly problematic.
98. The experts hope that the proclamation of the responsibility to protect in the 2005 World
Summit Outcome, reiterated by the Security Council, opens a new avenue to combat the most
severe human rights violations, including under foreign occupation. This approach can contribute
to countering racism and xenophobia and ensure the accountability of perpetrators of related
crimes include those involving genocide and ethnic cleansing.
99. The experts consider it appropriate that CERD assess the need for recommendations
concerning the issue of racial and xenophobic discrimination under foreign occupation.
III. COMPLEMENTARY INTERNATIONAL STANDARDS
WITH REGARD TO MANIFESTATIONS OF RACISM,
RACIAL DISCRIMINATION, XENOPHOBIA AND
RELATED INTOLERANCE
A. Multiple discrimination or aggravated forms of racial discrimination
100. It is widely recognized that groups most exposed to racism, racial discrimination,
xenophobia and related intolerance frequently suffer multiple discrimination.88 The experts
understand the language “multiple or aggravated forms of discrimination” within the meaning of
paragraph 2 of the Durban Declaration which recognizes “that racism, racial discrimination,
xenophobia and related intolerance occur on the grounds of race, colour, descent or national or
ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on
other related grounds such as sex, language, religion, political or other opinion, social origin,
property, birth or other status.” Also in the Durban Programme of Action numerous references
are made to multiple or aggravated forms of discrimination.89
87
Paragraph 11.
88
See E/CN.4/2006/WG.21/BP.2.
89
Paragraphs 14, 18, 31, 49, 79, 104, 172 and 212.
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