A/HRC/4/WG.3/6
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(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.
20. Under protection against racism, racial discrimination, xenophobia and related
intolerance, the experts considered the following categories, as formulated by the
Chair of the Intergovernmental Working Group: (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.
21. The experts also decided to include a third thematic area in the study, namely positive
obligations of States. In this part the experts focussed on normative gaps regarding
(a) obligations of States to promote tolerance; and (b) obligations of States to adopt national
anti-discrimination legislation.
22. In light of the above, the experts agreed on a set of recommendations which mark the
conclusion of each area examined. In this endeavour, the experts were guided by the following
considerations:
(a) Overall, the experts believe that enhanced coherence in the anti-racism comments
and recommendations issued by the treaty bodies in the field of equality and combating racial
discrimination would contribute to consistency in implementation at the national level and serve
to facilitate the tasks of States parties concerned in developing legislation, policies and
programmes;
(b) The incorporation of the DDPA recommendations and those issued by the Durban
mechanisms and ICERD into domestic constitutional and legal systems, policies and
programmes would enhance the ability of individuals to assert and claim their rights to equality
and non-discrimination and help alleviate the scourge of racism. The experts encourage training
and the holding of workshops at the national level as part of Durban follow-up activities to
enhance the implementation of the Durban Programme of Action.
I. COMPLEMENTARY INTERNATIONAL STANDARDS WITH REGARD
TO POSITIVE OBLIGATIONS OF STATES PARTIES
23. The notion of positive obligations with regard to human rights denotes those obligations
that impose upon the State a duty to undertake some positive action in order to ensure the
effective enjoyment of the protected rights. A significant number of human rights norms entail
positive obligations for the States bound by them.8 For instance, with regard to the positive
8
See Human Rights Committee, general comment No. 31 (2004) on the nature of the general
legal obligation imposed on States parties to the Covenant, paras. 6, 7 and 8.
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