A/HRC/6/10
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56. The Chairman spoke on general matters and provided a brief overview of themes
addressed by the study, then discussed the experts’ recommendations. He summarized some of
the difficulties the experts faced while preparing the study, in particular the time constraints.
During the second half of his presentation, the Chairman provided a detailed overview of each
theme covered in the study, including key points and recommendations.
57. The Chairman explained that chapter I provided an analysis of the positive obligations of
States parties and the finding by the experts of the existence of a normative gap in that area. The
experts concluded the chapter with a recommendation for the adoption of a comprehensive
binding instrument establishing the duty to promote non-discrimination, tolerance and equality
of rights irrespective of race, ethnicity and other related grounds through human rights education.
58. In chapter II, the experts examined possible gaps with regard to groups requiring special
protection against racism, racial discrimination, xenophobia and related intolerance. The experts
considered the following categories, as formulated by the Chairman of the Working Group at its
fourth session: (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.
59. In chapter III, the experts address possible gaps with regard to manifestations of racism,
racial discrimination, xenophobia and related intolerance. The experts considered the following
phenomena, as formulated by the Chairman of the Working Group: (a) multiple discrimination
or aggravated forms of racial discrimination; (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. The experts provided an assessment and recommendations at the end of each thematic
section.
60. Following the Chairman’s introduction of the study, each one of the experts explained their
individual approach to the study which they had to merge in a single effort in order to reach
consensus on all of their conclusions and recommendations, except for one. 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.
61. Furthermore, the experts indicated that areas in the study might be considered unclear
because of the drastic reduction of the content of the document in order to meet the required page
limit. The experts stressed the crucial role of human rights education in combating racism, racial
discrimination, xenophobia and related intolerance.
62. During the interactive dialogue that followed the presentations by the experts, various
delegates took the floor to share their views and concerns. Several delegates noted that the study
was circulated late and did not allow sufficient time for them to consult with capitals and to
prepare well-thought-out comments on the study. Many delegates specified that their comments
were of a preliminary nature.
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