A/HRC/21/59
discrimination that required special measures and an international legal framework to
address it, and hence a crime against humanity. That collective determination delegitimised Apartheid. In 1993 on the eve of the demise of Apartheid as well as during the
World Conference on Human Rights there was a clear recognition that Xenophobia
constituted a danger. Within that context, there was recognition that Xenophobia was a
specific manifestation, hence the focus on it during the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, despite the absence of a
definition of Xenophobia.
24.
While there has been a general approach in dealing with Xenophobia and its
manifestation worldwide, it is based on the recognition that it is on the rise and endangers
peaceful co-existence in society.
25.
I recognize that there are divergent points of view on the need to address
Xenophobia specifically, and wish to recall that we have been able to address similar
challenges in the past. The pertinent examples in this regard are numerous violations of
human rights covered in the International Covenant on Civil and Political Rights (ICCPR),
where we recognized the need to elaborate specific conventions dealing with them, such as
torture, the rights of the child, and in the case of non-discrimination, the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW), and the
Convention on the rights of migrant workers and members of their families.
26.
Given the foregoing, I recommend that the Ad Hoc Committee adopts a gradual step
by step approach and explore possibilities of benefiting from the additional contribution of
experts in this regard, to provide more clarity with a view to strengthen the international
human rights law protection regime for the victims. In particular, I consider that it may be
useful for the Ad Hoc Committee to:
27.
Benefit from more information and analysis, in particular on how Xenophobia
impacts on victims of Xenophobia as outlined in the Durban Declaration and Programme of
Action; and
28.
To benefit from a study on the intersectionality between class and poverty and the
manifestation of xenophobia needs to be considered by the Committee, including the
broader global historical context of racism, colonialism, slavery and apartheid among
others.
29.
I therefore recommend that a comprehensive and objective study be undertaken to
inform discussions in the Committee, including the intersectionality between Xenophobia
and race, gender, religion and nationality.
30.
Furthermore, I recommend that the Ad Hoc Committee should address a request to
the Human Rights Council, for it to convene a seminar for media practitioners, to deliberate
on how best to contribute to a culture of understanding and tolerance for diversity, with a
view to eliminate stereotypes and hate crimes related to racism, racial discrimination,
xenophobia and related intolerance.
31.
Finally, it is recommended that the Ad Hoc Committee should continue the
consideration of the issue of xenophobia in its future sessions. In this regard, I will develop
a framework which encompasses the elements discussed during this session on xenophobia
and national mechanisms.
21
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