The Human Rights Council has tasked the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action 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. The Experts decided to solicit the views and comments of various stakeholders to assist them in identifying human rights problems for which there may be normative gaps.

On behalf of the Experts, the Office of the High Commissioner for Human Rights (OHCHR) is searching and gathering views and comments regarding gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance. Input is to be sent to the address below before 15 April 2007.

Purpose of input

The Experts developed their methods of work at their first meeting in January 2007. They decided to solicit the views and comments of various stakeholders to assist them in identifying human rights problems for which there may be normative gaps. The attached questionnaire was developed to gather such comments.

The questionnaire is intended to facilitate the Experts' study and is formulated on the basis of the following documents: Human Rights Council resolution 1/5 of 30 June 2006; the conclusions of the Chairperson and of the Working Group as outcome of the High Level Seminar on complementary international standards held during the fourth session of the Working Group (E/CN.4/2006/18); paragraph 199 of the Durban Programme of Action which recommended that the Commission on Human Rights prepare complementary international standards; and the preliminary conclusions reached by the Experts.

The Intergovernmental Working Group's mandate and Complementary International Standards

Thus far, the Working Group has devoted an important part of its agenda to discussions on the following questions: (i) are there gaps in the legal framework for countering racism and xenophobia; (ii) if so, how are they to be filled and by what. Answers to these questions should contribute to strengthening, updating, and, if needed, supplementing relevant international instruments.

At its fourth session ( Geneva 16-20 January 2006) the Working Group "identified and/or considered" certain specific areas of substantive and procedural gaps. The Chair highlighted gaps related to the protection of groups exposed to discrimination and intolerance, and to manifestations of racism and xenophobia.

The Working Group recommended that with respect to procedural gaps, that the Committee on the Elimination of Racial Discrimination (CERD) be requested to conduct a further study on possible measures to strengthen implementation through additional recommendations or the update of its monitoring procedures.

Regarding the substantive gaps, the five experts are to study the content and scope of the substantive gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance. Both documents should be presented to the Working Group for analysis during its fifth session. The recommendations by the Working Group were endorsed by the Human Rights Council in its resolution 1/5 of 30 June 2006 (referred to above).

The Working Group held the first part of its fifth session from 5 to 9 March 2007 . The second part of the fifth session will be held from 3 to 7 September 2007 , at which time the Working Group will receive both the study of the Experts and the study of the CERD.

Background information

In its Resolution 1/5 on the Intergovernmental Working Group the Human Rights Council requested:

"(.) the Office of the United Nations High Commissioner for Human Rights to select, in close consultations with the 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 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 Intergovernmental 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 optional 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".

Acting pursuant to resolution 1/5, OHCHR selected five highly qualified Experts, who held their first meeting on 22-23 January 2007. The Experts will be holding their second meeting in April, as well as a third meeting in May 2007.

The Working Group is one of the three mechanisms established to follow up on the implementation of the Durban Programme of Action (DPA) adopted by the 2001 Durban Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance. The other mechanisms are the Group of Five Eminent Experts and the Working Group of Experts on people of African Descent.

In several of its recommendations, the DPA refers to the legal framework that has been established to counter racism and racial discrimination. Noting some deficiencies in this regard in paragraph 199, the DPA recommends that "the Commission on Human Rights prepare complementary international standards to strengthen and update international instruments against racism, racial discrimination, xenophobia and related intolerance in all their aspects." This task has been entrusted to the Working Group.

Established by the Commission on Human Rights resolution 2002/68 of 25 April 2002, the Working Group is mandated to: "Prepare complementary international standards to strengthen and update international instruments against racism, racial discrimination, xenophobia and related intolerance in all their aspects." The Working Group is open-ended and chaired by Ambassador Juan Martabit of Chile .

In light of the above, OHCHR would be grateful to receive, on behalf of the Experts, views and comments regarding gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance.

The requested information should be sent to the Office of the High Commissioner for Human Rights by 15 April 2007, either to the postal address, United Nations Office at Geneva, CH 1211 Geneva 10, Switzerland or to the e-mail address: complementarystandards@ohchr.org.

Related links:

Questionnaire

http://www.ohchr.org/english/issues/racism/groups/experts_study.htm