A/HRC/21/59
and chances); and it also allowed for the production of opinions and recommendations in
respect of its own opinions, domestic laws and legalisation and general comments opinions
and issues.
104. The delegate of the European Union stated that it would be very useful to have a
map of listing of Status A accredited national human rights commissions as well as
specialized bodies or mechanisms and inquired whether there was a list of specific
recommendations which allowed for the tackling issues at hand. She asked about a regional
review of actions undertaken by specialized bodies in respect of racial discrimination and
asked whether the pursuit of international networking by these mechanisms would be useful
in order to ensure coverage and exchange best practices.
105. Senegal on behalf of the African Group asked about the effectiveness of these bodies
and whether procedures were in place to ensure that cases were in fact taken up and
followed through since it was results that counted. He asked about the timeframe for these
cases and whether there was limitation on timeframes. He also questioned the legal status of
these institutions and how they maintained their legal integrity and independence from the
Government and the court system.
106. Mr. Charlier replied that it was not a simple task to suggest basic guidelines for all
countries in the world. Regarding evaluation, this depended to a great extent on to whom
the body is ultimately accountable. In principle, these bodies should be answerable to
parliaments and their committees and not a government or executive branch. Thus far, most
evaluation had been rather informal and the test was the level of credibility of the
mechanism, in the eyes of the special procedures, the international coordinating committee
for national institutions, regional bodies and the general population.
107. Denmark stated that according to a study by the European Fundamental Human
Rights Agency, national legislation and procedures to address and combat discrimination
are not adequately known by members of racial minorities. The delegate how best to ensure
that information about these mechanisms were disseminated to the whole society including
to minorities, groups etc.
108. The delegate from Cuba agreed that there was no single model to address racism,
racial discrimination, xenophobia and related intolerance since these must be based on
national characteristics, culture and the values of the given country. While generally in
support of guidelines, it is the country which must select the model most appropriate to its
national context.
109. Pakistan on behalf of the Organisation of Islamic Cooperation asked how national
mechanisms could support victims who may be temporarily in a region and fall victim to
racism, racial discrimination, xenophobia and related intolerance.
110. South Africa inquired about how mechanisms could practically ensure access and
remedies to victims and asked what happened in a case where the national mechanism is
found in a State which is not a party to the ICERD or has made reservations to the ICERD
and does recognize its competency, especially in light of practicalities on the ground.
111. The United States of America asked Mr. Charlier if he was aware of an evaluation or
study on which mechanisms or combination of mechanisms were performing well. In
reference to the comment about ICERD not covering gaps, the delegate inquired whether he
had encountered any practical gaps in his work.
112. China asked how it was possible to guarantee the impartiality of national
mechanisms. In addition, from a legal point of view, how could migrants from other
countries be protected in the host country? Due to economic regions and discrimination,
how could mechanisms entirely comprised of the local population be free from the political
atmosphere in a country and provide protection to foreigners or ―aliens‖?
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