A/66/313 A. 1. Manifestations and forms of racism, racial discrimination, xenophobia and related intolerance Structural discrimination 8. Since the submission of his last report to the General Assembly, the Special Rapporteur has highlighted the issue of structural discrimination on several occasions, including in a public statement and in his annual report submitted to the Human Rights Council at its seventeenth session (A/HRC/17/40). 9. On 18 October 2010, the Special Rapporteur participated in the thematic discussion on “Structural discrimination: definitions, approaches and trends” held in the framework of the eighth session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action. In the statement delivered on that occasion, the Special Rapporteur acknowledged that while the pervasive existence and manifestations of structural discrimination had been studied and addressed widely, including by United Nations expert mechanisms, that phenomenon remained a difficult one to define. He provided some elements that might contribute to a better understanding of the different manifestations of structural discrimination and its various causes. 10. The Special Rapporteur took the view that structural discrimination refers to racist, xenophobic or intolerant patterns of behaviour and attitudes within societal structures that target specific individuals or groups of individuals, in relation to their race, colour, descent, or national or ethnic origin. Such “societal” structural discrimination is related, inter alia, to the persistence of deeply rooted racial prejudice and negative stereotypes within the societies. 11. The Special Rapporteur further highlighted that structural discrimination can be the result of past historical injustices perpetrated against specific groups of individuals. Long after that formalized racial discrimination was dismantled, the inequalities that were created continued to have a disadvantage or disproportionate effect on the human rights of individuals of specific ethnic and racial groups. Indigenous peoples, Roma, members of communities based on caste or analogous systems of inherited status, ethnic minorities and people of African descent remain particularly affected by this historical legacy, notably in the areas of health, housing, employment, education, administration of justice as well as political representation and empowerment. Thus structural discrimination is one example of the negative impact of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of civil, cultural, economic, political and social rights. 12. In the context of structural discrimination, the Special Rapporteur would like to reiterate the importance of addressing any discriminatory effects of those laws, policies and programmes that are prima facie non-discriminatory. Indeed, in some cases while the legislation or the public policies seem to be in conformity with international human rights law, and the aim of Governments is to prohibit racial discrimination, their application may have a discriminatory effect. The Special Rapporteur urges States to review and redesign legislation, policies and programmes that have a disproportionate effect, including the legislation, policies and programmes that may discriminate indirectly against specific groups of individuals. He further recommends that particular attention be paid to the situation of migrants while addressing the question of structural discrimination. 11-45818 5