A/HRC/4/WG.3/6 page 40 132. This twofold scope of responsibility within the private sphere is endorsed in the DDPA. In several of its provisions, it calls on private actors to counter racism and xenophobia and stresses the importance of the elimination of these phenomena by Member States not only from public but also from private life.121 The experts follow the same approach while examining the recommendation of the Intergovernmental Working Group regarding racial discrimination in the private sphere.122 133. In literal terms, article 1, paragraph 1 of ICERD suggests that the subject of the Convention is racial discrimination in the public sphere, since it prohibits racially motivated distinction, exclusion, restriction or preference occurring “in the political, economic, social, cultural or any other field of public life.”123 However, the extension of the prohibition of racial discrimination beyond the public sphere is already evident in article 2 which imposes an obligation on States parties to pursue all means and without delay to eliminate racial discrimination in all its forms and to promote understanding among races. This article explicitly provides that “(c) Each State party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;” and “(d) Each State party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization.” 134. In this connection, States are obliged to address racism and racial discrimination originating from other than State-individual relationships. Moreover, article 3 provides for States parties to condemn racial segregation and apartheid and article 4 outlaws racial incitement as well as racist organizations. States parties are to outlaw propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin. Further, public authorities or institutions are not to promote or incite racial discrimination. Article 5 imposes an obligation on States parties to guarantee equality before the law and the security of person and protection by the State against violence, whether perpetrated by government officials or by any other person. This article also guarantees equality in the enjoyment of political, civil, social, economic and cultural rights. Finally, article 7 imposes an obligation on States parties to adopt immediate and effective measures, particularly in the field of teaching, education, culture and information with a view to combating prejudices that lead to racial discrimination. 121 See paragraphs 35, 36 of the Declaration and paras 11, 53, 57, 74, 93, 95, 104, 110, 112, 113, 127, 135, 144, 215 of the Programme of Action. 122 123 See fourth report of the Intergovernmental Working Group E/CN.4/2006/18, para. 106. In at least one communication CERD remarked that statements made squarely in the public arena are the central focus of the Convention. See communication No. 33/2003, paragraph 6.3.

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