A/HRC/4/WG.3/6 page 9 (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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