A/HRC/21/59
29.
Egypt stated that while it agreed that there was no conclusive definition of
xenophobia emanating from the presentations, all presenters confirmed that it was the role
of the Member States to undertake a definitional exercise. It was not the case that experts
had noted gaps; rather, they were reluctant to state whether international standards should
be drawn up. He asked why, if there was no need for complementary standards, xenophobia
was on the rise? The general comments of the Committee on the Elimination of Racial
Discrimination were not sufficient as they concerned existing international law, not new
phenomena such as xenophobia. The delegate welcomed the preparation of a matrix
containing the different definitions of xenophobia as presented by the experts, and as
contained in relevant paragraphs of the Durban Declaration and Programme of Action and
the Durban Review Conference outcome document.
30.
Senegal, speaking on behalf of the African Group, emphasized that Human Rights
Council decision 3/103 was clear about the mandate of the Ad Hoc Committee, that the reopening of the discussion was not valid and that legal instruments should be based on the
International Convention on the Elimination of All Forms of Racial Discrimination and the
Durban Declaration and Programme of Action. He highlighted the need for definitions from
a legal point of view—in this regard he noted that the Durban Declaration and Programme
of Action recommended the strengthening of the Convention, which did not contain a
reference to xenophobia; therefore there was a need for definition to know what xenophobia
was and to ensure consistency. In this way there would be transparency and legal stability
for the benefit of the victims. Combating impunity and a victim-centred approach was the
only path to be adopted. The Ad Hoc Committee should seek national prevention and
punishment, ensuring access to justice by victims; strengthening the mechanisms or
equivalent bodies against xenophobia; and organizing awareness-raising campaigns.
31.
The delegate of Austria stated that xenophobia was a worldwide problem. He also
noted the need for a victim-centred approach. In this regard it was important to know what
the needs of the victims were and how they could be assisted in reality. The delegate
emphasized that there was a lack of implementation of the existing mechanisms. There
were so many recommendations by the special rapporteurs and the question was how to
enhance implementation. He was in favour of a broader definition of xenophobia which
included other grounds of discrimination.
32.
The delegate of Brazil commended the approach used for this session of the Ad Hoc
Committee, with experts‘ presentations, and invited the Chairperson-Rapporteur to use the
same approach in future sessions. She outlined some conclusions to serve as the basis for
future discussions on xenophobia: a victim-oriented approach was key; governments should
be encouraged to ratify international instruments; and use should be made of the 2007 study
by the Committee on the Elimination of Racial Discrimination on procedural gaps.
33.
The delegate of Liechtenstein pointed out the growing consensus within the Ad Hoc
Committee on adoption of a victim-centred approach; therefore, it should be ensured that
the Committee did not weaken what already existed. He noted a clear risk to the existing
framework of the International Convention on the Elimination of All Forms of Racial
Discrimination, which might be weakened since the Committee on the Elimination of
Racial Discrimination had addressed xenophobia and the respective States had been
accepting these recommendations. These recommendations could be undermined by a
possible new international definition of xenophobia.
34.
Pakistan, on behalf of the Organisation of Islamic Cooperation, emphasized that the
Ad Hoc Committee should acknowledge that xenophobic speech and acts were an affront to
victims and prompt action by the international community was required. He also asked why
xenophobia had been increasing, if there were in fact, no gaps. He pointed out that legal and
administrative measures would resolve the problem with greater efficiency. The absence of
a definition hampered coordinated efforts at the international level and meant that a series
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