A/HRC/4/WG.3/6 page 2 Summary The present report is being submitted pursuant to a request made by the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action at its fourth session (Geneva 16 - 20 January 2006). The request was endorsed by the Human Rights Council in its resolution 1/5 of 30 June 2006. The introduction to the report provides an overview of the background to the establishment of the group of experts. The mandate of the experts to study “the content and scope of the substantive gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance” and to “produce … concrete recommendations on the means or avenues to bridge these gaps” is also discussed. As to the methodology of the study, the experts reached agreement regarding the meaning which is to be attached to the concepts of racism, racial discrimination and xenophobia and related intolerance and the notion of substantive normative gaps. The introduction also covers measures to address substantive normative gaps and the process and structure of the study. The body of the report dealing with complementary international standards is divided into three chapters as follows: chapter I concerns the positive obligations of States parties; chapter II examines possible gaps with regard to groups requiring special protection against racism, racial discrimination, xenophobia and related intolerance; and chapter III addresses possible gaps with regard to manifestations of racism, racial discrimination, xenophobia and related intolerance. In chapter I the experts focus on normative gaps concerning norms which set out (a) the obligations of States to promote tolerance and (b) the obligations of States to adopt national anti-discrimination legislation. In chapter II, the experts consider the following categories as formulated by the Chair of the Working Group at its fourth session: (a) religious groups; (b) refugees; (c) asylum-seekers; (d) stateless persons; (e) migrant workers; (f) internally displaced persons; (g) descent-based communities; (h) indigenous peoples; (i) minorities; and (j) people under foreign occupation. In chapter III, the experts consider the following phenomena as formulated by the Chair of the Working Group: (a) multiple discrimination or aggravated forms of racial discrimination; (b) ethnic cleansing; (c) genocide; (d) religious intolerance and defamation of religious symbols; (e) racial discrimination in the private sphere; and (f) incitement to racial hatred and dissemination of hate speech and xenophobic and caricatural pictures, through traditional mass media and information technology, including the Internet. The experts provide an assessment and recommendations at the end of each thematic section.

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