A/HRC/4/WG.3/6 page 29 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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