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The 2001 Durban Declaration and Programme of Action (paragraph 191(b)) requested the United Nations High Commissioner for Human Rights to cooperate with five independent eminent experts to follow the implementation of the provisions of the Declaration and Programme of Action. The General Assembly confirmed this request in paragraph 13 of resolution 56/266 of 2002, where it requested the Secretary-General to appoint five independent eminent experts to follow the implementation of the provisions of the Durban Declaration and Programme of Action.

In 2002, the Commission on Human Rights adopted resolution 2002/68 where it defined the terms of reference of the Eminent Experts as follows:

  1. To receive reports from States, non-governmental organizations, and all relevant institutions within the United Nations system on the implementation of and follow-up to the Durban Declaration and Programme of Action and make recommendations to States for their national plans of action, bearing in mind the resource constraints of the developing countries;
  2. To make recommendations to the Intergovernmental Working Group on measures for effective and coordinated implementation of the Durban Declaration and Programme of Action, including regional perspectives;
  3. To make recommendations to the Secretary-General, the Office of the High Commissioner for Human Rights and the Commission on ways and means of mobilizing the resources necessary for anti-racism activities;
  4. To assist the Intergovernmental Working Group in its preparation of complementary standards to strengthen and update international instruments against racism, racial discrimination, xenophobia and related intolerance in all their aspects;
  5. To cooperate with the Committee on the Elimination of Racial Discrimination, the Commission and the Office of the High Commissioner in the comprehensive implementation of the Durban Declaration and Programme of Action.

In the same resolution, the Commission decided to keep the mandate of the independent eminent experts under constant review.

In 2003, the Commission on Human Rights adopted resolution 2003/30 where it re-adjusted the terms of reference of the Experts as follows:

  1. To follow the implementation of the provisions of the Durban Declaration and Programme of Action in cooperation with the United Nations High Commissioner for Human Rights and assist the High Commissioner in preparing his annual progress report to the Commission and to the General Assembly based on information and views provided by States, relevant human rights treaty bodies, special procedures and other mechanisms of the Commission, international, regional and non-governmental organizations and national human rights institutions;
  2. Bearing in mind the recommendations of the Working Group, requests the independent eminent experts to assist the High Commissioner for Human Rights in the assessment and evaluation of the existing international standards and instruments to combat racism, racial discrimination, xenophobia and related intolerance with a view to preparing complementary standards.

In 2022, the Human Rights Council adopted resolution 51/32 where it decided, bearing in mind the mandate of the Group of Independent Eminent Experts, that the Group of Independent Eminent Experts would: 1) function as an advisory mechanism for the Human Rights Council and the General Assembly on the implementation of the Durban Declaration and Programme of Action; and 2) work towards mobilizing global political will for concrete action to implement the Durban Declaration and Programme of Action.