A/HRC/16/64 communication campaigns guaranteed by freedom of speech. In that context, Mr. Azzi explained that UNESCO has been using sports by involving a football club in a campaign against racism and discrimination. He suggested that similar campaigns be extended for the next Olympic Games and Football World Cup. Discussions also highlighted the need to ensure quality of education in addition to equal access to education. 61. Stefan Olsson, Head of Unit “Equality, Action against Discrimination: Legal Questions”, Directorate-General for Employment, Social Affairs and Equal Opportunities of the European Commission, made a presentation on the content and practice of the Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation and Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin – known as the “Racial Equality Directive” – in the European Union. Edna Santos Roland, the Independent Eminent Expert Group, presented the Latin American and Caribbean experience in approaches to structural discrimination. 62. One delegate expressed concerns about obstacles that arose in relation to the use of statistical data. Mr. Joseph noted, with reference to Ms. Santos Roland’s presentation, that the South-American model would set high standards to courts throughout the world. 63. Responding to a question raised by Mr. Joseph, Mr. Olsson stated that any undocumented migrant worker in the European Union would in theory be protected by the directives in question and could therefore take a case related to the violation of the rights guaranteed therein to a court in any member State. Mr. Olsson further explained, however, that member States could still expel an undocumented migrant worker in such a case because of his or her illegal status, in accordance with national law. 64. Ms. Santos Roland stated, with reference to a question raised by a delegate, that Brazil was the country with the largest number of affirmative action programmes in South America, followed by Colombia. The country’s affirmative action programmes were established mainly in the field of education. 65. Mr. Olsson responded to a question raised by a delegate by stating that the directives presented earlier included the possibility for member States of the European Union to implement such measures, provided that they did not constitute discrimination. In that context, he also referred to the case law of the European Court of Justice and the difficulty of adopting positive measure without violating the principle of equal treatment. 66. Mr. Olsson explained, with reference to a question raised by a delegate, that, while the terms race and racial discrimination were not defined in European Union directives because the organization did not recognise the concept of race, some member States applied criteria similar to those established by the British House of Lords in a case from the 1980s on access to education by a Sikh boy. IX. Final statements 67. Final statements were made by delegates speaking on behalf of regional groups and as representatives of their own countries to pay tribute to the Chairperson for his efforts to facilitate the Working Group’s work in an efficient and action-oriented way during its seventh and eighth sessions. 68. The delegate speaking on behalf of the European Union explained its position on the conclusions and recommendations on migration, in particular on the paragraph referring to ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Their Families. The delegate stated that European Union member States had considered signing and ratifying this instrument, as a matter of priority, however, the text of 14

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