HRC58: A Step Toward Racial Justice - The UN's Efforts in Drafting a Declaration for African-Descent Communities
The 58th Session of the Human Rights Council
24 February – 4 April 2025
Item 9: Report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action
27 March 2025
By Jamel Nampijja / GICJ
Executive Summary
On 27 March and 28 March 2025, during the 48th and 50th meeting of the 58th Session of the Human Rights Council, the Intergovernmental Working Group (IGWG) on the Effective Implementation of the Durban Declaration and Programme of Action (DDPA) presented its report. The report provided information on the twenty-first session of the Working Group, held in Geneva from 16 to 20 October and from 20 to 24 November 2023.
The present report outlines the progress made in preparing a draft United Nations declaration on respecting, protecting, and fulfilling the human rights of people of African descent. It follows Assembly resolution 78/234, which requested the Working Group to dedicate at least half of its annual session to developing the draft declaration on the promotion and full respect of the human rights of people of African descent. Additionally, the Working Group is required to present a status report on the development of the draft declaration to be considered by the Assembly at its seventy-ninth session.
The report summarised the discussions on the draft declaration during the Working Group's twentieth, twenty-first, and twenty-second sessions and its intersessional meeting, which were held from 13 to 21 October 2022, 21 to 24 November 2023, and 20 to 24 May 2024, respectively. The intersessional meeting was held on 8 and 9 February 2024.
The key topics discussed included the recognition of historical injustices and the need for reparations. Participants explored ways to address the long-term effects of slavery, colonialism, and systemic discrimination. There was a strong focus on racial discrimination and inequality, particularly in areas such as education, employment, healthcare, and criminal justice. The sessions emphasised the importance of aligning the draft declaration with international human rights obligations to strengthen legal protections against racial discrimination.
Social and economic inclusion was another significant topic, highlighting the need for equitable access to opportunities and resources to promote meaningful social participation. Additionally, discussions centered on legal protections and accountability, calling for stronger anti-discrimination laws and policies to prevent racial injustices and hold violators accountable.
During the General Debate, representatives from various Member States, observer states, and intergovernmental organisations voiced their concerns and highlighted the need for continued efforts to combat racism and promote inclusivity worldwide. The representative of Pakistan emphasised the global urgency of addressing Islamophobia and racism, stressing that international solidarity and a robust framework for combating discrimination were essential for progress. The representative of Togo echoed the call for further action under the International Decade for People of African Descent, advocating for reparations and addressing structural inequalities faced by African descendants globally. The representative of Tanzania emphasised the need for justice and accountability, emphasising education and public awareness as tools for combating institutional racism. The representative of Ukraine condemned Russia for war crimes and ethnic discrimination in the ongoing conflict, particularly against Ukrainian civilians. The representative of Palestine highlighted the racial discrimination faced by Palestinians under Israeli occupation, accusing Israel of ethnic cleansing in Gaza and the West Bank.
The session also witnessed an intense exchange during the right-of-reply segment, where several countries responded to the claims made by others. Azerbaijan refuted Armenia's allegations, insisting that there was no evidence of arbitrary detention or racial discrimination against Armenian detainees. Azerbaijan emphasised that its actions aligned with international law and national legislation. Indonesia addressed the accusations made by NGOs against the country regarding racial discrimination in Papua, defending its development initiatives and special autonomy laws and reiterating its commitment to protecting the rights of the region's people. Armenia responded to Azerbaijan’s remarks by accusing Azerbaijan of perpetuating hate policies and committing violations of international humanitarian law, particularly regarding the treatment of Armenian prisoners of war. Lithuania countered Belarus's claims by calling for recognition of the crimes committed during the Soviet occupation. Simultaneously, China rejected criticism from NGOs, asserting that it respected freedom of religion and belief while combating extremism.
Geneva International Centre for Justice (GICJ) welcomes the Working Group's report and emphasises the importance of this Declaration. This initiative represents a significant step toward pursuing racial justice and equality globally. By addressing the unique challenges faced by people of African descent, the Declaration will create a framework for national and international policies that protect their rights and promote social justice.
Background
The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action (IGWG-DDPA) was established in 2001 as part of the follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Durban, South Africa. Created through resolution 2002/68 by the Commission on Human Rights and approved by the Economic and Social Council in its decision 2002/270 on 25 July 2002, the IGWG is one of the key mechanisms for ensuring the effective implementation of the DDPA.
As spelled out in operative paragraph 7 of Commission resolution 2002/68, the IGWG's mandate is to make recommendations for effectively implementing the Durban Declaration and Programme of Action.
The DDPA provides a comprehensive framework to address various forms of racism, racial discrimination, xenophobia, and related intolerance. It sets forth a national, regional, and international action plan to combat these issues. Despite its broad scope, the implementation of the DDPA has faced challenges, which led to the creation of the IGWG-DDPA to support its application and ensure progress.
This open-ended working group is accessible to all UN Member and Observer States, intergovernmental organisations, and non-governmental organisations (NGOs) with ECOSOC consultative status or accreditation from the World Conference against Racism.
Regular meetings of the IGWG-DDPA allow stakeholders to review progress, share best practices, and identify areas needing further action. These sessions serve as an essential platform for collaboration between member states, civil society organisations, and other key players to exchange ideas and enhance efforts to combat racism and related forms of discrimination globally. Through these collaborative efforts, the IGWG-DDPA contributes to advancing human rights, promoting tolerance, and ensuring equality in line with the principles of the DDPA.
The United Nations Human Rights Council oversees the work of the IGWG, ensuring alignment with broader human rights frameworks and global human rights instruments, such as the Universal Declaration of Human Rights and the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
Thus, the IGWG is a critical mechanism for ensuring that the international community remains committed to eliminating racism and intolerance worldwide, supporting concrete actions, and holding governments accountable for their commitments to the Durban Declaration.
Presentation of the Report by Mr Dimiter Chalev on behalf of the Chair-Rapporteur of the IGWG-DDPA
Mr. Dimiter Chalev delivered the statement on behalf of the Chair-Rapporteur of the IGWG-DDPA. He stressed that racial discrimination remains a root cause of many ongoing conflicts and continues to pose a serious threat to international peace and security. He noted that too many individuals still face racial violence and are at risk of death based solely on their racial or ethnic identity.
He warned of a growing backlash against human rights, equality, and tolerance, urging a renewed commitment to a unified human rights movement. He also highlighted the importance of multilateralism, dialogue, and cooperation as the foundation of the current human rights system. The 60th anniversary of the International Convention on the Elimination of All Forms of Racial Discrimination was cited as an opportunity to reaffirm the international community’s collective responsibility to uphold equality and fight racism.
Honouring Historical Resistance
Mr Chalev stressed the significance of honouring past struggles against racial oppression. He recalled the peaceful protest in Sharpeville, South Africa, the Civil Rights Movement in the United States, and the Haitian revolution, acknowledging their contributions to the global fight for human rights. He stated that the legacy of colonialism continues to shape legal, political, and social structures worldwide and that dismantling these systems is essential to achieving genuine equality and justice.
Report of the 22nd Session of the IGWG-DDPA
He presented the outcomes of the 22nd and intersessional sessions of the IGWG-DDPA, held from 8 to 9 February and from 20 to 24 May 2024. These sessions were dedicated to elaborating on the draft of the United Nations Declaration on the Respect, Protection, and Fulfillment of the Human Rights of People of African Descent, as requested by the General Assembly.
Mr Chalev reported that the Working Group had completed the first reading of the draft declaration with active contributions from Member States, UN bodies, civil society, and people of African descent. He acknowledged the vital role of the Permanent Forum and the Working Group of Experts on People of African Descent.
Key Themes in the Draft Declaration
Mr Chalev outlined several key themes reflected in the draft declaration. These included:
- Concern over slow progress on reparatory justice
- A call for international responsibility and concrete action
- Recognition of the historical injustices of slavery, colonialism, and racism
- A commitment to combat structural racism and promote multilateral solidarity
The draft also urged states to:
- Review and reform laws to address discrimination
- Combat racial profiling and algorithmic bias
- Implement affirmative action policies
- Promote inclusive education and recognise the contributions of people of African descent
- Ensure full and equal participation in public life
Path Forward
Mr Chalev stated that the Declaration must respond to the expectations of people of African descent, including their right to justice, dignity, and reparations. He described the draft as a crucial step towards reconciliation and peace and reaffirmed the need for collective action to address both historical harms and current forms of racial injustice.
He concluded by calling on all stakeholders to continue advancing the draft declaration and to remain committed to eliminating racial discrimination in all its forms.
Interactive Dialogue
The representative of Jordan, speaking on behalf of the Arab Group, raised concerns about the numerous global challenges related to intolerance, racism, racial discrimination, Islamophobia, and contempt for religions. The representative emphasised that while these issues were often framed as matters of freedom of expression, opinion, and democracy, they ultimately undermined the fundamental values of tolerance and diversity.
He highlighted one of the most serious manifestations of racial discrimination: the ongoing situation in Gaza, which they described as a form of genocide perpetrated by the occupying power. The representative condemned the continued impunity enjoyed by those responsible for these crimes, particularly regarding systematic discrimination and the denial of the Palestinian people's right to return and their right to self-determination.
The representative called for a firm rejection of racial racism and religious hatred, urging the international community to address these issues with urgency and commitment.
The representative of the European Union reaffirmed the EU's commitment to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) on its 60th anniversary. The representative called for renewed action to ensure that the convention is fully upheld worldwide and pledged to continue standing united with those fighting for dignity, inclusion, and equality, aiming to build a world where human rights are respected and equal opportunities are available to all.
Furthermore, the representative highlighted the need for a discussion in the next meeting to rationalise and streamline existing mechanisms for combating racism and religious intolerance. She stressed the importance of concentrating expertise and aligning calendars in this regard.
The delegate also mentioned ongoing EU actions, including the European Commission’s conference on preventing and combating anti-Muslim hate crimes in the EU and a recent coordination meeting with the Council of Europe to combat anti-Muslim hatred and racism. She noted that these efforts reflect the EU's determination to address discrimination, hate speech, and hate crimes. Additionally, she expressed its readiness to revitalise existing processes like the Istanbul Process and to participate appropriately in future sessions.
The representative of the Russian Federation, speaking on behalf of a group of countries, expressed concern that, a quarter of a century later, the remnants of colonialism persist.
The representative highlighted the proliferation of hatred worldwide, particularly against individuals based on their race, ethnicity, language, nationality, or region. He noted that hate speech and discriminatory actions are often exacerbated by the lack of political will from authorities in certain countries that profess to support democracy, human rights, equality, and justice, yet consistently disregard the outcomes of the Durban Declaration.
He condemned and rejected the practices of racial, ethnic, and linguistic discrimination, citing the denial of essential services such as education, healthcare, and banking, as well as physical assault, property seizure, threats, and insults. He reaffirmed their position that such actions violate international human rights treaties and the principles set out in the DDPA. Furthermore, he called on all states to take action at the national, regional, and international levels to ensure peaceful coexistence, where individuals enjoy equal rights and mutual respect, regardless of their race, ethnicity, language, religion, or region.
He also urged the Human Rights Council, its special procedures, and the Office of the United Nations High Commissioner for Human Rights to speak out against national, ethnic, and linguistic intolerance and to prioritise efforts to eliminate these harmful phenomena in alignment with the Durban Declaration and Programme of Action.
The representative of Nigeria expressed deep concern that, over two decades after the adoption of the DDPA, the key objective of vigorously combating racism, racial discrimination, xenophobia, and related intolerance remains largely unmet.
The representative emphasised the importance of stakeholders making concrete, steadfast commitments to the effective and comprehensive implementation of the DDPA. This commitment, they stated, serves as a reminder of the global dedication to fighting racism and racial discrimination, particularly against new forms of racism and systemic racism that perpetuate inequality and discrimination in various societies.
He stressed the need to address the rising threats posed by fake news, hate speech, and incitement to hatred and violence. Acknowledging the profound impact of racism and racial discrimination on Africans and people of African descent, he called for the diligent implementation of the DDPA to achieve a more equitable, peaceful world where everyone enjoys full rights and fundamental freedoms without discrimination.
The Representative of the Russian Federation delivered a statement in which they raised concerns about the growing discrimination against Russians globally. They emphasised the need to address this issue and voiced the Federation's continued commitment to combating discrimination.
During the speech, a point of order was raised by the representative of Ukraine, addressing the participation of the Russian Federation's representatives in the Human Rights Council. The representative of Ukraine referred to General Assembly Resolution 68/262, which emphasises the territorial integrity of Ukraine and calls upon states and international organisations not to recognise any alterations to the status of Crimea. She also referenced multiple General Assembly resolutions (75/190, 76/179, 77/229, 78/200, 79/184), stating that representatives of the Russian Federation in temporarily occupied territories are illegitimate.
The representative protested the participation of representatives from the Russian Federation's occupation administration in Crimea, arguing that this action contradicts the resolution's provisions and the UN's stance on Crimea's status. Ukraine requested that this communication be formally distributed as an official document and included in the Human Rights Council's 58th session report.
The Chairperson responded by reminding all delegations to adhere to the principles of dignity and respect, as outlined by the United Nations Charter, and encouraged all to follow these principles in the discussion. The Chair then allowed the Russian Federation to resume its speech. Following the resolution of the point of order, the representative of the Russian Federation continued by reaffirming their position on the matter.
The Representative of the Russian Federation expressed concern over the growing discrimination against Russians in several European countries. He highlighted instances where radical groups in Latvia and other European nations had honoured members of the Waffen SS and reported that in Estonia, 30% of Russian speakers were deprived of the right to participate in municipal elections, particularly in Narva, where 90% of the population is Russian-speaking. He called for the Council to take decisive action to address and halt the discrimination against the Russian-speaking population in Europe, warning of the increasing potential for further violations of rights on this issue.
The Representative of Jamaica emphasised that people of African descent continue to face systemic racism in all areas of life, which remains an unfortunate and enduring legacy of colonialism and slavery.
The representative stressed that the language used in existing documents still falls short of addressing the gravity of these issues. The draft declaration, she argued, should not only confront and redress past injustices but also work towards securing justice and development for people of African descent.
She expressed the hope that, similar to the Universal Declaration of Human Rights, which, although not legally binding, has significantly influenced binding instruments, the new Declaration should be crafted to meaningfully impact the lives of people of African descent. Additionally, Jamaica aligned itself with the statement delivered by Trinidad and Tobago on behalf of CARICOM.
The Representative of Belarus expressed grave concern that nearly 25 years after the adoption of the Durban Declaration and Programme of Action, systemic racism, including interpersonal, social, cultural, and institutional discrimination, persists and has even worsened in some regions of the world. He highlighted the growing prevalence of new forms of racism, which are spread through the use of new information and communication technologies (ICTs) and are often embedded in national migration policies, the upbringing of new generations, and cultural strategies.
The representative emphasised that aggression, particularly toward migrants, has become a defining characteristic in certain regions. Measures such as limits on movement, the establishment of fences, and mine barriers are seen as steps that contradict the spirit of the Durban Declaration. He also expressed serious concern regarding actions by Lithuanian authorities against activists trying to defend the historical narrative of the Second World War and assert their rights.
He urged all to remember and learn from the lessons of the past, particularly as Belarus marks the anniversary of their victory over fascism, which led to millions of lives lost.
The Representative of Venezuela emphasised that the DDPA was designed to address the issues faced by groups affected by discrimination and intolerance, particularly indigenous communities, people of African descent, and migrants. However, these principles are being violated by the United States, which is using outdated laws against Venezuelan immigrants, thereby infringing on their human rights. Venezuelan migrants are being apprehended and detained in centres without due process or access to legal defense.
The representative also referenced the forced displacement of over 138 Venezuelan citizens to El Salvador, where they are being held under degrading and cruel conditions. Neither the United States nor El Salvador have provided information about these individuals, whom Venezuela considers to be forcibly disappeared.
Furthermore, he reaffirmed the Programme of Action's call for all states to combat the generalised rejection of migrants and to stand against racist expressions and xenophobic behaviours. He urged the entire human rights system to denounce these actions, describing them as an affront to international law and a flagrant violation of human rights and the DDPA.
The Representative of Pakistan expressed deep concern over the rising politics of hatred and division, both in their region and around the world. These factors, the representative noted, are driving a surge in racism, racial discrimination, xenophobia, and related intolerance. At the same time, they are undermining efforts to address the deep-rooted biases and systemic factors that serve as the root causes of these issues, including the legacies of colonialism.
The representative emphasised that the fight against racism is a long-term process that requires steady, though gradual, progress. While international human rights laws and norms, including those set by the DDPA, offer viable solutions, effective implementation is crucial. He highlighted that expert tools can complement efforts but cannot absolve states of their duty to confront racism. The representative warned that any attempts to create hierarchies of rights or rights holders would undermine the progress already made.
The representative welcomed the growing international recognition of Islamophobia, acknowledging it as an important first step towards equality. However, he cautioned that racially charged hate crimes, particularly those targeting Muslims, are becoming increasingly frequent, more damaging, and disturbingly mainstream. If left unchecked, the forces of hatred, the representative warned, will continue to seek new targets.
The Representative of Ukraine emphasised Russia's ongoing violation of international law and human rights principles, particularly those enshrined in this very declaration.
While acknowledging the considerable progress made in the fight against discrimination and intolerance globally, the representative condemned Russia for its actions, which they claimed represent a disturbing revival of practices reminiscent of the darkest chapters of European history. She cited the ongoing war crimes and crimes against humanity committed by Russia since its aggression against Ukraine began in 2014, culminating in the full-scale invasion of 2022.
The representative accused Russia of pursuing discriminatory and genocidal policies aimed at the Ukrainian people. She pointed to a recent decree issued by the Russian President as further evidence of these actions, which they argued fit the criteria outlined in the International Convention on the Elimination of Racial Discrimination. She also highlighted Russia's disregard for the International Court of Justice’s findings, especially regarding its persecution of Crimean Tatars and the distortion of court rulings on discriminatory practices in Crimea.
The Representative of the State of Palestine condemned the actions of the occupying power, referring to the ongoing assault on Palestine, particularly Gaza. The representative highlighted the use of so-called anti-terror laws as a tool to terrorise Arab communities based purely on their ethnic identity, constituting clear racial discrimination.
Palestinians living under occupation continue to face constant threats and attacks from illegal settlers, who aim to ethnically cleanse them and colonise their land. These settlers enjoy full impunity due to their protection by the occupying forces and the complicity of the international community.
He emphasised the two separate and discriminatory legal systems enforced on the Palestinian population and the illegal settler population. Palestinians are subjected to military law and military courts, with a conviction rate above 99%, while settlers, even those involved in extreme violence, are governed by civilian law that is not enforced. This situation leaves Palestinians defenceless against violent, racially motivated ethnic cleansing and colonisation campaigns.
The representative criticised the cycles of impunity and the deafening silence of states that remain complicit in the ongoing erasure of Palestinian existence. He concluded with a call to action, asking how many more innocent people must be killed and how much more suffering the Palestinian people must endure before the international community takes meaningful action to secure their rights.
Right of Reply
Azerbaijan: The representative of Azerbaijan exercised their right of reply in response to the statement made by the representative of Armenia. Azerbaijan strongly rejected Armenia's allegations, emphasising that the UN Human Rights Council Working Group on Arbitrary Detention had dismissed all claims concerning the arbitrary detention of Reuben Vardanyan, specifically rejecting the notion that his ethnicity played any role in his detention. Azerbaijan reiterated its commitment to prosecuting international crimes on its territory following national legislation and international obligations and underscored the importance of justice and accountability.
Armenia: In response, the representative of Armenia exercised their right of reply to reject Azerbaijan's remarks. Armenia condemned Azerbaijan's actions, stating that the country has engaged in systemic policies promoting hatred and violence against Armenians. Armenia highlighted the torture and inhuman treatment of Armenian prisoners of war and detainees, emphasising the violation of international human rights law and the destruction of cultural heritage sites. Armenia called for international attention and action to address these gross violations of human rights.
Indonesia: The representative of Indonesia exercised the right of reply in response to allegations made by NGOs regarding discrimination in Papua. Indonesia strongly rejected the accusations of racial discrimination, emphasising that the government had allocated significant funds for development in Papua and implemented special autonomy laws to recognise the unique cultural values of the local people. Indonesia stressed that the ongoing security measures were due to the actions of armed criminal groups and reiterated its commitment to improving the welfare of the people in Papua through dialogue and development projects.
Lithuania: The representative of Lithuania exercised their right of reply to respond to Belarus's statement, rejecting the claims made by Belarus. Lithuania emphasised that the end of World War II did not bring peace but rather decades of brutal Soviet occupation. Lithuania stressed that recognising the crimes committed by all totalitarian regimes and honouring the victims is essential to preventing the repetition of such atrocities in the future.
China: In response to accusations made by an NGO, the representative of China exercised its right of reply, rejecting the claims as baseless and reaffirming China's commitment to protecting freedom of religion and belief. China clarified that it deals with illegal activities under the pretext of religion in accordance with national law and emphasised the importance of combating extremism while maintaining social harmony. China stressed that the government ensures the protection of religious freedom and works to prevent religious-based criminal activities.
Position of Geneva International Centre for Justice (GICJ)
Geneva International Centre for Justice (GICJ) welcomes the report of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action (IGWG-DDPA). The Durban Declaration and Programme of Action (DDPA) sets out a clear and comprehensive framework to combat racism, racial discrimination, xenophobia, and related intolerance. Implementing it fully and effectively remains urgent.
Despite the global consensus on the DDPA, implementation remains inconsistent. Some countries have taken concrete steps to align national laws and policies with the Declaration, while others have distanced themselves or failed to take meaningful action. Opposition by a few states—often due to political disagreements or concerns over specific language in the DDPA—has weakened global momentum. Without stronger international cooperation and public education, the goals of the DDPA will remain unmet. GICJ urges all stakeholders to act with resolve. The DDPA is not just a historic commitment but a living framework. We must ensure it is known, understood, and implemented.
Additionally, GICJ calls on the Office of the High Commissioner for Human Rights and the UN Secretariat to fully implement the key resolutions on combating racism adopted by the Human Rights Council under item 9 and by the General Assembly. These resolutions reflect the international community's collective commitment and provide a clear foundation for action.
At its 57th session, the Human Rights Council stated that limited public knowledge of the DDPA continues to block political will for full implementation. The Council’s expert mechanisms on racism have echoed this concern: a programme that people do not know cannot achieve results.
In December 2024, the General Assembly urged the entire UN system to intensify efforts to distribute the DDPA widely, ensure its translation, and make it broadly accessible. In October 2024, the Council once again requested the OHCHR to prioritise publishing an updated DDPA volume, including follow-up documents. It also called for the publication of the Programme of Activities of the International Decade for People of African Descent in a simple brochure format to reach a wider audience.
GICJ urges the OHCHR and the Secretariat to act promptly on these clear mandates. Raising visibility and access to the DDPA is not an option, but rather a necessity.
People must know the DDPA to act on it. The tools exist. The resolutions are in place. The time to deliver is now.
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