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human rights mechanisms in the United Nations.”81 In this context, the experts welcome the
establishment of the mandate of the Independent expert on minority issues82 and call on the
United Nations mechanisms to address minority issues, always when appropriate.
90. The experts have found no substantive normative gaps in the protection of persons
belonging to cultural or ethnic, religious, or linguistic minorities from racism, racial
discrimination, xenophobia and related intolerance. However, in this context, comments made in
the section on religious groups in chapter II should also be taken into account.
91. This assessment in no way contradicts the need for further determined efforts at the
national and international levels to fully implement the relevant standards.
G. People under foreign occupation
92. The protection of the civilian population under foreign occupation has been on the agenda
of the international community for a long time. The history of armed conflicts shows that the
particular vulnerability of this group is dramatically enhanced if it is connected to racial or ethnic
distinction from the occupying power. The Durban Declaration expresses concern about the
plight of the Palestinian people under foreign occupation.83
93. In the area under discussion, two branches of international law offer protection against
racism, xenophobia and related discrimination, namely human rights law and humanitarian law.
Although the situation of people under foreign occupation has not been spelled out under any of
the international human rights treaties, there is no doubt that States parties to them are
responsible for their implementation, not only within their own territories but also within all
territories under their control.
94. General comment No. 31 (2004) of the Human Rights Committee on the nature of the
general legal obligation imposed on States parties to the Covenant provides a clear interpretation
in this regard. In interpreting article 2, paragraph 1 of ICCPR, it underlines inter alia that “a State
party must respect and ensure the rights laid down in the Covenant to anyone within the power or
effective control of that State party, even if not situated within the territory of the State party … .
This principle also applies to those within the power or effective control of the forces of a State
party acting outside its territory, regardless of the circumstances in which such power or
81
A/HRC/Sub.1/58/19.
82
In accordance with Commission on Human Rights resolution 2005/79, Ms. Gay McDougall
was appointed by the United Nations High Commissioner for Human Rights on 29 July 2005 for
an initial period of two years.
83
Paragraph 63.
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