A/HRC/4/WG.3/6
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Guiding Principles cover a broad range of the human rights of displaced persons and proclaim
that the Principles shall be applied without discrimination of any kind. They address protection
from displacement, the situation during displacement, humanitarian assistance, as well as return,
resettlement and reintegration. The reporting guidelines adopted by CERD only refer to the
situation of displaced persons.58
Assessment and recommendations
69. Although the conventional mandate of the United Nations High Commissioner for
Refugees (UNHCR) was established to deal with the situation of refugees, in practice, on the
basis of relevant resolutions of the General Assembly and directives of the Executive
Committee, UNHCR has extended its operational mandate and field of competence to cover
IDPs as well.
70. Normatively, the Guiding Principles have been accepted as a set of standards by an
increasing number of States, United Nations agencies, as well as regional organization, and
are applied as such. This and the interpretation by CERD of its mandate as also covering
the situation of IDPs prompt the experts to the conclusion that for the time being there is
no need for further standard setting in this regard. However, with a view to
strengthening the protection of IDPs, the experts recommend the General Assembly to
uphold the call of the Commission on Human Rights for the observance and
implementation of the Guiding Principles as standards. In such a resolution, the
General Assembly may wish to stress the importance of the protection of IDPs against
racism and xenophobia.
D. Descent-based communities
71. Descent-based discrimination has historically been a feature of societies in different
regions of the world and is manifested in various forms of injustice. It is estimated that
260 million people worldwide are affected by such discrimination. Its persistence and the
urgent need to remedy its consequences have resulted in Governments of many
countries recognizing the complexity of this problem and adopting legislation and policies to
confront it.
72. The DDPA recognizes in several provisions that racism and xenophobia based on descent
constitute major contemporary human rights challenges.59 Following on the recommendations of
the DDPA, the Commission on Human Rights established in its resolution 2002/68 a Working
Group of Experts on People of African Descent composed of five independent experts to study
the problems of racial discrimination faced by people of African descent.
58
59
CERD/C/70/Rev.5.
Para. 103 of the Durban Declaration. See also paras 2, 13, 14, 32 - 38, 103 and 111 of the
Declaration and paras 4 - 14, 45, 50, 72, 81, 123, 163, 171 of the Programme of Action. See
specifically, paragraphs 32-35 of the Declaration concerning Africans and people of African
descent, and paragraphs 36 - 38 concerning Asians and people of Asian descent.
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