Guidance on racism and xenophobia: How UNHCR can address and respond to situations of racism and xenophobia affecting people of concern – Global

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Purpose of this guide

States have committed and assumed an obligation to address multiple and intersecting forms of discrimination against refugees, internally displaced persons, asylum seekers, returnees and stateless persons. The Global Compact on Refugees places the elimination of all forms of discrimination based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, disability, age or other status at the center of action to prevent displacement and ensure peaceful coexistence between refugees and host communities. Narratives about cultural diversity and inclusion are important, but there is also a pressing need in many societies for dialogue and action to combat racism, racial discrimination, xenophobia and related intolerance. .

Racial discrimination and related intolerance are common causes of forced displacement and can also undermine the protection afforded to refugees, asylum seekers, internally displaced persons and returnees. Discrimination based on ethnicity, race, religion or language is also a recurring factor in statelessness, and it is often minority groups that are stateless or at risk of statelessness.

The Human Rights Liaison Unit of the Protection Policy and Legal Advice Section (PPLA) of UNHCR’s Division of International Protection has prepared this Guide in response to a number of requests for advice from UNHCR operations on issues related to racism and xenophobia affecting people of concern. UNHCR.

The Guide aims to:

(1) provide a comprehensive framework for UNHCR’s interventions regarding racism, racial discrimination, xenophobia and related intolerance;

(2) expand the way in which UNHCR describes and presents issues related to racism, racial discrimination, xenophobia and related intolerance to include intersectional dimensions as well as structural, institutional and historical;

(3) provide concrete examples of how UNHCR operations have addressed racism, racial discrimination, xenophobia and related intolerance;

(4) highlight ways to leverage national, regional and UN human rights mechanisms and other platforms.

The objectives of this Guide are as follows:

• Clarify key concepts related to racial discrimination, racism, xenophobia and related intolerance. In this sense, this Guide does not intend to provide an analysis of current interpretations or case law on racial discrimination, racism or xenophobia. This guidance does not address situations of racially-based persecution that give rise to claims for refugee status2; it deals with situations of racism, racial discrimination, xenophobia and related intolerance in host communities.

• Outline how to frame conversations with governments and other partners or interlocutors, including refugees and other displaced and stateless persons, on racism and xenophobia in the context of forced displacement and statelessness. This Guide does not compile or discuss particular forms of racism and xenophobia that may affect people of concern.

• Provide suggestions on steps that UNHCR could take to respond and conduct human rights-based advocacy and facilitate conversations on racism and xenophobia. This guidance highlights elements that UNHCR might consider in fulfilling its responsibilities to protect people of concern from racism, racial discrimination, xenophobia and related intolerance. In particular, it highlights ways in which UNHCR can leverage key human rights mechanisms and international initiatives aimed at ending racism, racial discrimination, xenophobia and related intolerance. associated.

The Guide is based on extensive desk research coupled with discussions with colleagues from UNHCR regional offices, colleagues in the field, thematic focal points from the Division of International Protection and colleagues from the Innovation Branch. It also includes comments from the OHCHR agency and OHCHR staff supporting the mandate of the UN Committee on the Elimination of All Forms of Racial Discrimination.

This Guide is structured as follows: overview of key concepts (Chapter 1); overview of racial discrimination, racism and xenophobia in the context of forced displacement and statelessness (chapter 2); and suggested steps for UNHCR to respond and advocate in relation to combating racial discrimination, racism and xenophobia (Chapter 3). The Guide ends with key recommendations (Chapter 4). Finally, the Guide includes two annexes: the first provides a template for reporting hate crimes developed by the UNHCR Liaison Office in Vienna; the second is a compilation of examples of projects undertaken by UNHCR operations to address and respond to racism, racial discrimination, xenophobia and related intolerance.

The compilation of examples of UNHCR projects is the result of an initiative carried out by the Human Rights Liaison Unit in 2017 and 2018. This initiative consisted of a desk review of various UNHCR reports received from operations or available on UNHCR websites. The compilation includes examples of methods developed by UNHCR operations to address and respond to racism, racial discrimination, xenophobia and related intolerance, which could be replicated by other operations or by partners.

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