A/HRC/4/WG.3/6
page 8
discrimination and/or counter or deter manifestations of racism, racial discrimination,
xenophobia and related intolerance, and by the consideration of not undermining current
international standards.
The study process
15. The assessment leading to the identification of substantive normative gaps and the
recommendations regarding measures to be taken to fill these gaps rely on a variety of sources,
including (a) international human rights instruments and treaties, general comments and
recommendations, as well as other relevant documents adopted by human rights treaty bodies,
(b) comparative legal and quasi-legal materials both universal and regional (e.g. resolutions of
intergovernmental bodies), (c) basic policy documents, such as the DDPA, the 2005 World
Summit Outcome, the conclusions and recommendations of the Intergovernmental Working
Group and the other Durban mechanisms, and (d) selected professional publications.
16. The experts carried out extensive consultations on the subject. To that end, they adopted a
questionnaire, annex to this report, to solicit views and comments from various stakeholders.
The questionnaire was sent to all relevant actors, and posted on the Internet site established by
the Office of the United Nations High Commissioner for Human Rights (OHCHR) and made
accessible to the general public.
17. Oral consultations were also held. The organs, bodies and individuals consulted included:
(a) the human rights treaty bodies, in particular the Committee on the Elimination of Racial
Discrimination; (b) special procedures mandate holders of the Human Rights Council (HRC), in
particular the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance; (c) the Intergovernmental Working Group;
(d) intergovernmental regional groups; (e) individual Governments, (f) non-governmental
organizations (NGOs); and (g) experts from OHCHR.
The structure of the study
18. In conducting the study the experts were guided by the conclusions formulated by the
Chair of the Intergovernmental Working Group at its fourth session which list (a) manifestations
of racism and xenophobia and (b) protection of victims or groups and persons at risk.7 In
addition, the experts identified other subjects for inclusion in their study, in particular promotion
of tolerance and specific obligations of States. The experts agreed on the subjects to be included
in the study and adopted their recommendations by consensus. However, the experts did not
reach consensus on the inclusion of any discussion and/or reference to sexual orientation in
relation to racism, racial discrimination, xenophobia and related intolerance in the study.
Mr. Anwar specifically requested that his dissenting position on this matter be recorded.
19. Under manifestations of racism, racial discrimination, xenophobia and related intolerance,
the experts considered the following phenomena, as formulated by the Chair of the
Intergovernmental Working Group: (a) multiple or aggravated forms of racial discrimination;
7
See E/CN.4/2006/18, paras. 76-77.
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