A/HRC/4/WG.3/6
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responsible for the flight of hundreds of thousands of people from their countries. Subsequently,
such people very often become targets of racism and violence in the host countries where they
have been forced to seek sanctuary. There is a lot of documented evidence for this.
52. The DDPA calls on the international community, Governments, NGOs and the private
sector to undertake specific action to address problems associated with the vulnerability of
persons falling into the aforementioned categories and to identify prompt and adequate solutions
to ensure their protection.37 The DDPA also underlines the urgency of addressing the root causes
of displacement and reiterates that the international response and policy towards refugees should
be free of discrimination on the grounds of race, colour, descent, or national or ethnic origin of
the refugees concerned.38
53. ICERD does not specifically refer to the status of refugees, asylum-seekers, and migrant
workers. However, the general provisions of this Convention and other core human rights
treaties prohibiting discrimination are also applicable to these categories of persons.39 Several
treaty bodies have addressed this issue in their general comments.
54. CERD in its general recommendation No. 22 (1996) on article 5 of the Convention on
refugees and displaced persons recalled that the 1951 Convention and the 1967 Protocol relating
to the Status of Refugees are the main sources of the international system for the protection of
refugees in general; and emphasized, inter alia, that: “All refugees and displaced persons have
the right to return to their homes of origin under conditions of safety” and that “States parties are
obliged to ensure that the return of such refugees and displaced persons is voluntary and to
observe the principle of non-refoulement and non-expulsion of refugees.”40 CERD general
recommendation No. 30 (2005) on discrimination against non-citizens also includes these
groups.
55. In its general comment No. 13 (1999) on the right to education (art. 13), CESCR states that
“the principle of non-discrimination extends to all persons of school age residing in the territory
of a State party, including non-nationals, and irrespective of their legal status.”41
37
See paras. 16, 38, 46 - 55, 65, 89 and 111 of the Declaration and paras 24 - 36, 50, 67, 69, 78,
80, 81, 97, 105, 138, 144, 182 - 186 and 196 of the Programme of Action.
38
Para. 111 of the Declaration.
39
See ICERD, articles 1 - 7 and also e.g. ICCPR, articles 2, para. 1, 4, 14, para. 1, 25, 26 and 27
and ICESCR articles 2, para. 2, 7, para. (c), 13, para. 1.
40
Paras. 2 (a) and (b).
41
Paragraph 34.
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