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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