A/HRC/4/WG.3/6 page 17 47. The 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief defines intolerance and discrimination in this context as “any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.” Human rights bodies and Governments should rely on the provisions thereof. Article 2 of the Declaration underlines that “no one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief” and article 4 calls on States to take effective measures and “make all efforts” to prevent and eliminate discrimination on the grounds of religion or belief. According to the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities “States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs ...”.36 Assessment and recommendations 48. The nexus between racism and religion poses complex and sensitive issues which are not adequately addressed under international law. The experts believe that the reference to the right to freedom of religion in article 5, paragraph (d) (vii) of ICERD should be further developed to cover the complexity of the connection between religion and race, racial discrimination, xenophobia and related intolerance. In light of the increasing incidents of Islamophobia, anti-Semitism and Christianophobia in the aftermath of the events of 11 September 2001, it is necessary that human rights bodies update accordingly their general comments or recommendations, reporting guidelines, and rules of procedures. 49. It is recommended in particular that CERD adopt a general recommendation addressing concerns which have emerged in the area of racial discrimination and religion or belief. 50. In addition, the experts recommend that the Human Rights Committee revise general comment No. 22 (1993) on article 18 (Freedom of thought, conscience or religion) in order to address present challenges. The experts stress that in addressing problems linked to the nexus between racism and religious, it is vital that human rights bodies and Governments rely on the provisions of the 1981 Declaration on the Elimination of All forms of Intolerance and of Discrimination Based on Religion and Belief. B. Refugees, asylum-seekers, migrant workers and stateless persons 1. Refugees, asylum-seekers, migrant workers 51. There is an intrinsic connection between racism and the situation of refugees, asylum-seekers and migrants. Racism, sometimes accompanied with violence, continues to be 36 Article 4, para. 2.

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