Human Rights Council

F ift y- fourth session

11 September–13 October 2023

Agenda item 9

Racism, racial discrimination, xenophobia and related forms of intolerance : follow-up to and implementation of the Durban Declaration and Programme of Action

Resolution adopted by the Human Rights Council on 12 October 2023

5 4 / 26. Mandate of the Working Group of Experts on People of African Descent

The Human Rights Council,

Recalling General Assembly resolution 56/266 of 27 March 2002, in which the Assembly endorsed the Durban Declaration and Programme of Action, reaffirming the commitments contained therein with regard to people of African descent, Assembly resolution 57/195 of 18 December 2002, in which the Assembly invited all relevant organs, organizations and bodies of the United Nations system to become involved in the follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, all previous Human Rights Council resolutions on the comprehensive follow-up to the World Conference and the effective implementation of the Durban Declaration and Programme of Action, and Assembly resolution 68/237 of 23 December 2013, in which the Assembly proclaimed the International Decade for People of African Descent,

Recalling also all previous resolutions and decisions of the General Assembly, the Commission on Human Rights and the Human Rights Council on the elimination of racism, racial discrimination, xenophobia and related intolerance, in particular Commission resolutions 2002/68 of 25 April 2002 and 2003/30 of 23 April 2003 and Council resolutions 9/14 of 18 September 2008, 18/28 of 17 October 2011, 27/25 of 26 September 2014, 36/23 of 29 September 2017 and 45/24 of 6 October 2020 on the mandate of the Working Group of Experts on People of African Descent,

Reaffirming the obligations of States under relevant international human rights instruments, in particular the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the General Assembly in its resolution 2106 (XX) of 21 December 1965,

Underlining that the Durban Declaration and Programme of Action, adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, remains the only instructive outcome of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance that prescribes comprehensive measures and remedies for effectively combating the scourge of racism in all its forms at all levels,

Recalling Human Rights Council resolutions 5/1, on institution-building of the Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Human Rights Council, both of 18 June 2007, and stressing that the mandate holder shall discharge his/her duties in accordance with those resolutions and the annexes thereto,

Alarmed at the resurgent violent manifestations of racism, racial discrimination, xenophobia and related intolerance precipitated by scientifically false, morally condemnable, socially unjust and dangerous ideologies, such as white supremacy, and by extremist nationalist and populist ideologies, and underlining in this respect that human beings are born free and equal in dignity and rights, and that everyone has the right to life, liberty and security of person,

Recalling Human Rights Council resolution 43/1 of 19 June 2020 on the promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against the excessive use of force and other human rights violations by law enforcement officers,

Welcoming the annual report of the Working Group on its activities and the substantive thematic contribution on the economic empowerment of people of African descent,

Welcoming also the report of the Working Group containing a review of the work it has carried out in the 20 years since its establishment,

Stressing the imperative need for the Working Group to accomplish its mandate,

1.Decides to extend the mandate of the Working Group of Experts on People of African Descent for a further period of three years, in accordance with the terms of reference contained in Human Rights Council resolution 9/14;

2.Also decides that one of the two annual sessions of the Working Group may be held in New York or another location of relevance to the mandate, to facilitate the wide participation of people of African descent;

3.Further decides that the Working Group should hold two virtual consultations annually, with interpretation, to study the situation of people of African descent and to make recommendations thereon;

4.D ecides that the Working Group shall undertake a minimum of two country visits per year;

5.Requests all Governments to cooperate fully with the Working Group in the discharge of its mandate, including by responding promptly to the Working Group’s communications and by providing the information requested;

6.Requests the Working Group to submit an annual report to the Human Rights Council on all activities relating to its mandate, and to the General Assembly in the context of the International Decade for People of African Descent;

7.Also requests the Working Group to pay special attention in its annual report to the gender dimension of the impact of racism, racial discrimination, and systemic racism on women and girls and men and boys of African descent and to make specific recommendations in this regard, and encourages the Working Group to collect information from Member States and all relevant organizations and bodies of the United Nations system in the preparationofitsreport;

8.Further requests the Working Group to contribute to the review of the International Decade for People of African Descent;

9. Requests States, non-governmental organizations, relevant human rights treaty bodies, special procedures and other mechanisms of the Human Rights Council, national human rights institutions, international financial and development institutions and United Nations specialized agencies, programmes and funds to collaborate with the Working Group, including by, inter alia, providing it with the necessary information and, where possible, reports in order to enable the Working Group to carry out its mandate, including with regard to field missions;

10.Requests the Secretary-General and the United Nations High Commissioner for Human Rights to strengthen the substantive and administrative support provided to the Working Group in order for it to effectively fulfil its mandate, taking into consideration the additional tasks and responsibilities assigned to the Working Group over the past 20 years and other relevant activities with relevant United Nations human rights mechanisms and the Office of the United Nations High Commissioner for Human Rights;

11.Requeststhat sufficient travel funds be provided for the Working Group secretariat to accompany the Working Group on all of its visits;

12. Requests the Secretary-General and the High Commissioner to provide the Working Group with all the human, technical and financial assistance necessary for the sustainable and effective fulfilment of its mandate;

13. Decides that all public meetings of the Working Group will be held in a hybrid format and webcast;

14. Recalls the establishment of a voluntary fund to provide additional resources for, inter alia, the participation of people of African descent, representatives of developing countries, especially the least developed countries, non-governmental organizations and experts in the open-ended sessions of the Working Group, and invites States to contribute to that fund;

15.Decides to remain seized of this important issue.

48 th meeting 12 October 2023

[Adopted without a vote.]