The Intergovernmental Working Group is tasked with the mandate to prepare complementary international standards to strengthen and update international instruments against racism, racial discrimination, xenophobia and related intolerance in all their aspects (CHR resol. 2002/68 of 25 April 2002).

Toward this end, a t its first session (Geneva, 21- 31 January 2003) the Working Group concluded in its report on the session (E/CN.4/2003/20) that there is a need for an effective and thorough assessment and evaluation of the existing international standards and instruments to combat racism, racial discrimination, xenophobia and related intolerance. While bearing in mind the work conducted by other bodies and programmes of the United Nations system, the Working Group invited the Committee on the Elimination of Racial Discrimination (CERD) to consider evaluating and assessing, as appropriate, the current state of implementation of the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD).

At its second session (Geneva , 26 January - 6 February 2004), the Working Group considered the assessment from CERD (E/CN.4/2004/WG.21/5 and E/CN.4/2004/WG.21/10/Add.1) on the need for complementary international standards. Discussions at the session were dominated by two general views: some delegates were of the opinion that additional standards are necessary to fill the existing gaps; others felt that the existing challenges can be addressed by an improved implementation of the instruments in force. The report of the Working Group reveals that (E/CN.4/2004/20) several delegates asserted that the opportunity to effectively counter racism and xenophobia by enhancing regional and national mechanisms and by wider ratification of optional complaints mechanisms does not preclude developing complementary international standards.

At the third session (Geneva , 11 - 22 October 2004), the Working Group in its report (E/CN.4/2005/20) disclosed that all participants encouraged the global ratification of the ICERD and enhancing its implementation. However, the two previous streams of the discussions continued: the development of complementary international standards found primarily support from countries of the African Group. Countries belonging to the Latin American and Caribbean Group (GRULAC) and countries belonging to the Organization of the Islamic Conference also supported the development of complementary international standards. Countries of these groups stressed that the implementation of existing conventions should not prevent the Working Group from addressing the issue of gaps in binding international law. The importance of strengthening the implementation of the existing standards was particularly stressed by countries from the Western Group.

The fourth session of the Working Group (Geneva 16 - 20 January 2006) began with the proposed high-level s eminar on racism and the Internet and on complementary international standards which was organized by the OHCHR, in the latter's implementation of the Commission resolution (2005/64 of 20 April 2005). The part of the seminar on the Internet was informed by the expert study of a consultant retained for that purpose (E/CN.4/2006/WG.21/BP.1), and the one on complementary international standards considered the contents of a study prepared by another consultant also retained for that purpose (E/CN.4/2006/WG.21/BP.2).

The report on the seminar (E/CN.4/2006/18) reflects: a) the implementation of existing international instruments, as well as ways to enhance their effectiveness; b) the issue of gaps in the ICERD regarding the protection of specific groups; enabling CERD to undertake country visits; and to formalize the follow-up procedures to its recommendations; and c) the question of other normative gaps relevant to countering racism and xenophobia.

The Working Group "identified and/or considered" certain specific areas of substantive and procedural gaps, benefiting from the Conclusion of the Chair from the High Level Seminar.

The Working Group recommended that with regard to procedural gaps: CERD is to be requested "to conduct a further study on possible measures to strengthen implementation of the Convention through additional recommendations or the update of its monitoring procedures". Regarding the substantive gaps: OHCHR is to be requested "to select, in close consultation with regional groups, five highly qualified experts to study the content and scope of the substantive gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance, including but being not limited to the areas identified in the conclusions of the Chair of the high-level seminar" that took place during the fourth session of the Working Group.

"The group of experts, in consultation with human rights treaty bodies, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and other relevant mandate-holders, should produce a base document that contains concrete recommendations on the means or avenues to bridge these gaps, including but not limited to the drafting of a new protocol to the International Convention on the Elimination of All Forms of Racial Discrimination or the adoption of new instruments such as conventions or declarations" (E/CN.4/2006/18).

Both documents should be presented to the Working Group for analysis during its fifth session (CHR res. 2005/64 20 April 2005). The recommendations by the Working Group have been endorsed by the Human Rights Council in its resolution A/HRC/1/L.8 of 29 June 2006.