A/HRC/4/WG.3/6
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132. This twofold scope of responsibility within the private sphere is endorsed in the DDPA. In
several of its provisions, it calls on private actors to counter racism and xenophobia and stresses
the importance of the elimination of these phenomena by Member States not only from public
but also from private life.121 The experts follow the same approach while examining the
recommendation of the Intergovernmental Working Group regarding racial discrimination in the
private sphere.122
133. In literal terms, article 1, paragraph 1 of ICERD suggests that the subject of the
Convention is racial discrimination in the public sphere, since it prohibits racially motivated
distinction, exclusion, restriction or preference occurring “in the political, economic, social,
cultural or any other field of public life.”123 However, the extension of the prohibition of racial
discrimination beyond the public sphere is already evident in article 2 which imposes an
obligation on States parties to pursue all means and without delay to eliminate racial
discrimination in all its forms and to promote understanding among races. This article explicitly
provides that “(c) Each State party shall take effective measures to review governmental,
national and local policies, and to amend, rescind or nullify any laws and regulations which
have the effect of creating or perpetuating racial discrimination wherever it exists;” and
“(d) 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.”
134. In this connection, States are obliged to address racism and racial discrimination
originating from other than State-individual relationships. Moreover, article 3 provides for States
parties to condemn racial segregation and apartheid and article 4 outlaws racial incitement as
well as racist organizations. States parties are to outlaw propaganda and all organizations which
are based on ideas or theories of superiority of one race or group of persons of one colour or
ethnic origin. Further, public authorities or institutions are not to promote or incite racial
discrimination. Article 5 imposes an obligation on States parties to guarantee equality before the
law and the security of person and protection by the State against violence, whether perpetrated
by government officials or by any other person. This article also guarantees equality in the
enjoyment of political, civil, social, economic and cultural rights. Finally, article 7 imposes an
obligation on States parties to adopt immediate and effective measures, particularly in the field
of teaching, education, culture and information with a view to combating prejudices that lead to
racial discrimination.
121
See paragraphs 35, 36 of the Declaration and paras 11, 53, 57, 74, 93, 95, 104, 110, 112, 113,
127, 135, 144, 215 of the Programme of Action.
122
123
See fourth report of the Intergovernmental Working Group E/CN.4/2006/18, para. 106.
In at least one communication CERD remarked that statements made squarely in the public
arena are the central focus of the Convention. See communication No. 33/2003, paragraph 6.3.
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