A/HRC/4/WG.3/6 page 13 2. The role of comprehensive anti-discrimination legislation 34. The DDPA identifies lack of political will, weak legislation and lack of implementation strategies and overall concrete action by States as the major obstacles to overcoming racial discrimination and achieving racial equality. The DDPA stresses unequivocally that the faithful implementation of human rights norms and obligations, including enactment of laws and political, social and economic policies are crucial in this regard.23 It is in light of the nature of these obstacles that States should be specifically required to adopt and implement anti-discrimination legislation and equality policies as a matter of highest priority and urgency. 35. Several treaties, including ICCPR and ICERD contain provisions with positive obligations to adopt laws against racial and related discrimination. ICCPR in article 2, paragraph 1, requires States to ensure to all persons within its jurisdiction the rights recognized in the Covenant without distinction of any kind. Article 2, paragraph 2, requires, “where not already provided for by existing legislative or other measures”, the necessary steps to be undertaken “to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.” Read together with ICCPR articles 26 and 27, this provision constitutes a positive obligation of States to put into place domestic laws as necessary to ensure freedom from discrimination on the basis of, inter alia, race, colour, national or social origin. Article 2, paragraph 1 (d) of ICERD also provides that “Each State party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization.” 36. Apart from the positive obligation of States to protect against racial discrimination the question arises as to whether ICERD and other international human rights instruments provide a sufficiently firm foundation for the positive obligation of States parties to adopt not just any general legal provisions prohibiting racial discrimination, but comprehensive anti-discrimination legislation. In addition, it is important to consider the minimum standards which are to be met for the State to have the appropriate legal regime to ensure and fulfil Convention rights regarding the equal enjoyment of all human rights by all without any discrimination on the basis of race. 37. CERD in its concluding observations frequently recommends to States parties to adopt national anti-discrimination legislation, in fulfilling their obligations under the Convention. However, the analysis of the experts as regards discriminatory practices and the situation of various categories of victims demonstrate that among the obstacles preventing the elimination of all forms of racial discrimination is the lack of comprehensive and detailed national anti-discrimination legislation in the majority of States parties to this Convention. 38. From the general comments, the case law and the concluding observations of treaty bodies we can garner the following minimum requirements which would make national legislation 23 Paras. 79-80 of the Declaration.