A/HRC/4/WG.3/6 page 6 Group of Western European and other States); Mr. Tiyanjana Maluwa (Malawi, Group of African States); Ms. Dimitrina Petrova (Bulgaria, Group of Eastern European States); and Mr. Waldo Luis Villalpando (Argentina , Group of Latin American and Caribbean States). Methodology of the study 1. Definition of the concepts of racism, racial discrimination and xenophobia and related intolerance 5. The notions of racism and xenophobia are well established. For the purpose of this report, the experts will rely on the DDPA which states inter alia that: “We recognize that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds such as sex, language, religion, political or other opinion, social origin, property, birth or other status.”3 It is also to be noted that the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)4 defines the term racial discrimination as “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”5 6. The term xenophobia is understood as a type of prejudice combined with a negative sentiment towards persons perceived as alien and different in a significant way. The term related intolerance is understood as any intolerance connected in some way with racism and racial discrimination. 2. The notion of substantive normative gaps 7. A normative gap exists when a recurring event (or act or structural factor) deprives human beings of their dignity and is not effectively countered by a normative standard. In such a case, a new or more comprehensive provision or instrument may be the necessary step to redress this situation.6 A normative gap may occur as a consequence of one of the two following situations: 3 Para. 2 Declaration. 4 Adopted in 1965, ICERD entered into force on 4 January 1969. As of 13 December 2005, 170 States had ratified the treaty, making it one of the most widely ratified human rights treaties. The ICERD provisions remain the most important normative basis upon which international efforts to eliminate racial discrimination should rely. 5 6 Article 1. International Council on Human Rights Policy co-published with the International Commission of Jurists and International Service for Human Rights, Human Rights Standards: Learning from Experience, 2006, p. 7-10. The experts’ classification of gaps is based on this publication.