A/HRC/4/WG.3/6 page 42 Assessment and recommendations 139. The question arises as to whether by taking into account the aforementioned comments concerning the applicability of international human rights treaties, in particular ICERD and ICCPR, to the private sphere, there is in this regard a need for complementary human rights standards. The experts are not convinced and consider that there is rather an application gap in the effective protection against discrimination by private actors. However, since the wording of article 1 of ICERD has given rise in the past to some contradictory interpretations concerning the scope of protection granted by this Convention, in the interest of clarity the States parties may wish to consider adding the words “or private” after “public” in the definition in article 1, paragraph 1 of the Convention in an effort to help eliminate ambiguity in this regard. 140. The experts consider that general comment No. 31 of the Human Rights Committee provides a good starting point for addressing the problems of racism and xenophobia in the private sphere. Hence, CERD may wish to further elaborate on this issue specifically in the field of racial discrimination. The experts suggest that other treaty bodies examine the problem under discussion and provide some clarity on the theme through their recommendations and comments. An important step would also be to include the topic in reporting guidelines adopted by human rights treaty bodies. 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 141. The recent rise in racial attacks, hate speech, xenophobia and acts of disrespect for religions, culture and traditions, as well as an increase in racial platforms in traditional and modern media are cause for alarm. The experts consider the recent debate on caricatural pictures as part of a broader discussion on incitement to racial and religious hatred and the dissemination of hate speech. 142. The DDPA expresses concern at the progression of racism, racial discrimination, xenophobia and related intolerance, including their contemporary forms and manifestations, such as through the use of new information and communications technologies, including the Internet, to disseminate ideas of racial superiority. The Programme of Action specifies actions which could be undertaken to counter these developments on the Internet while taking fully into account the existing international and regional standards on freedom of expression.127 It also highlights the importance of human rights education and urges States “to introduce and, as applicable, to reinforce anti-discrimination and anti-racism components in human rights programmes in school curricula …”.128 127 See paras 62 and 86-94 of the Declaration and paras 3, 43, 56, 63, 86, 88, 108, 111, 117, 119, 136 and 140-147 of the Programme of Action. 128 Para. 129.

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