42
PROMOTING AND PROTECTING MINORITY RIGHTS
The resolution creating the mechanism also recognizes that “cultural diversity and the pursuit
of cultural development by all peoples and nations are a source of mutual enrichment for the
cultural life of humankind”; that “no one may invoke cultural diversity to infringe upon human
rights guaranteed by international law, nor to limit their scope”; and that “States have the
responsibility to promote and protect cultural rights”.
To contact the Independent Expert, e-mail ieculturalrights@ohchr.org.
Working Group of Experts on People of African Descent
Created in 2002 by the Commission on Human Rights pursuant to a recommendation contained
in the Durban Programme of Action, the Working Group of Experts on People of African Descent
addresses problems of racial discrimination faced by people of African descent and proposes
measures to tackle those problems.50 Since 2006, the Working Group has reported to its new
parent body, the Human Rights Council.
The mandate of the Working Group, as first set out in Commission resolution 2002/68, has
changed somewhat over time. The most recent extension of the mandate calls on the Working
Group to, inter alia, study the problems of racial discrimination faced by people of African
descent living in the diaspora; propose measures to ensure full and effective access to the justice
system for people of African descent; submit recommendations on the design, implementation
and enforcement of effective measures to eliminate racial profiling of people of African descent;
and propose measures to eliminate racial discrimination against Africans and people of African
descent in all parts of the world.51 The Working Group submits an annual report to the Council
on its activities.
In 2005, the Working Group began to solicit invitations from States so that it could conduct
country visits and facilitate its own in-depth understanding of the issues. The Working Group’s
website underscores that “such missions are in no case designed to be inquisitorial; rather, they
can enable the measures taken by a Government for the elimination of racial discrimination
against people of African descent to be better known”. So far, missions to Belgium, Ecuador,
the United States of America and Portugal have been undertaken. Reports on these missions are
presented to the Human Rights Council and posted on the Working Group’s website.
The Working Group meets annually for one session of five working days, in both closed and
public meetings. Each session is usually devoted to a particular theme, such as racial profiling,
the administration of justice, racism and the media, access to education, racism and employment,
racism and health, or racism and housing. NGOs in consultative status with the Economic and
Social Council, as well as those organizations which were granted accreditation to the 2001
Durban Conference, may actively participate in the discussions during these sessions. Expert
panellists are often drawn from civil society. In order to facilitate broader participation, Council
resolution 9/28 recalled “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 invited States to contribute to that fund.
To contact the Working Group, e-mail africandescent@ohchr.org.
Commission on Human Rights resolution 2002/68. See www.ohchr.org/EN/Issues/Racism/
WGAfricanDescent/Pages/WGEPADIndex.aspx (accessed 29 November 2012).
50
Council resolution 9/28.
51