A/HRC/21/59
68.
The delegate of the United States of America added that the Committee had yet to
hear a concrete case or situation where the lack of a definition limited the capacity response
of the Committee on the Elimination of Racial Discrimination to consider the issue or
where a national mechanism had been unable to address an issue due to a substantive gap in
international law.
69.
South Africa stressed that the topic of national mechanisms was cross-cutting and
noted their importance in enforcing implementation at the national level. The delegate
recalled that while these mechanisms were national, the Paris Principles had been
elaborated and endorsed at the level of the General Assembly. With regard to the ―narrow‖
and ―wide‖ interpretations of xenophobia, there was indeed an inconsistency which
suggested that methodologically it would be important to rule out what xenophobia was
not.
70.
Tunisia underscored the importance of political leaders and highlighted a role to be
played by the International Parliamentary Union (IPU). The delegate noted that the great
number of States‘ reservations to article 4 of the International Convention on the
Elimination of All Forms of Racial Discrimination was a significant obstacle to effective
implementation.
71.
During this meeting, there was also a general discussion and exchange of views on
the topic of ―Procedural Gaps with regard to the International Convention on the
Elimination of All Forms of Racial Discrimination.‖
72.
The delegate of Switzerland (on behalf of Argentina, Brazil, Chile, Japan, Mexico,
Republic of Korea and Uruguay) underscored the continued relevance of the Convention
and its monitoring procedures, adding that Mr. Avtonomov had demonstrated the concrete
impact of addressing its procedural gaps. With respect to the topic of xenophobia, it stated
that further discussion and consideration were required.
73.
Liechtenstein commented on the proposal to establish an inquiry and an on-site
evaluation procedure, emphasizing that they were purely intended as procedural
instruments and that no new substantive ground or rights would be created. It was
worthwhile considering an evaluation procedure which allowed the Committee‘s expert to
look at the national situation.
74.
Senegal, on behalf of the African Group, stated that with regard to the evaluation
(submission of reports) procedure, it would be useful to consider the reason for the delay in
the submission of States reports and the value-added of the follow-up visits would also
have to be considered given that there were other relevant missions, including those of
mandate-holders.
75.
Cuba stated that the mandate of the Committee was to elaborate complementary
standards, not procedures. It stated that the Committee‘s mechanisms and procedures were
sufficient and that the Committee had difficulty managing its current workload.
76.
South Africa disagreed with the argument of some delegations that focusing on a
narrow or wide interpretation of xenophobia was counterproductive and with the contention
that such a consideration might undermine the Committee‘s decisions and gains already
made. A new definition did not pose a risk, since it was counterintuitive for Member States
to agree to a standard which would undermine previous decisions or standards. Egypt
agreed with South Africa and with the intervention of Senegal on behalf of the African
Group, that the Committee was tasked to look at substantive gaps and stated that a
discussion of procedural gaps was out of context.
77.
France stated that the topic of national mechanisms should still be on the table for
future discussion, acknowledging that there were different interpretations amongst
Committee members. The delegate recalled that paragraph 199 of the Durban Declaration
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