A/HRC/21/59
and CONAPRED‘s very broad mandate and geographic coverage which involved a
tremendous amount of work.
126. Greece asked about the methodology employed to decide which vulnerable groups
would be involved in the CONAPRED survey/study. The delegate of the European Union
inquired about how complementarity between the CONAPRED and the National
Commission on Human Rights was ensured. She was also interested in more details
concerning the individual cases and the ―defence model.‖
127. Ukraine asked about best practices and interesting examples of legislation and
policies with regard to preventing discrimination and also requested further details about
the ―defence model‖ and its efficiency.
128. Mr. Bucio-Mujica replied that population groups were included in the study based
on a previous study commissioned in 2002 with regard to discrimination in Mexico
including women, migrants, disabled, elderly, young boys and girls, domestic workers,
sexual orientation, religion and others. From 2005 when the CONAPRED‘s study was
issued to 2011, when the second study of the Council was finalized, the study was referred
to on a daily basis in the media. In fact, CERD had called for the development of a national
policy based on this very study.
129. He elaborated on the ―defence model‖ explaining that anyone anywhere in Mexico
had access by phone, internet or in person directly at their offices to get advice and initiate
a formal proceeding. There was a clear mechanism in place: catalogue, inventory of the
different ways to file complaints of different cases of discrimination; however, greater
clarity was needed about what constituted discriminatory behaviour. There was a need to be
clear about discrimination and non-discriminatory practices. In this context it would be
advantageous to broaden the ICERD definition to include xenophobia. The defence model
also involved a conciliation procedure, remedies were considered and measures were
suggested in order to avoid the recurrence of the discriminatory practices. He highlighted
two cases concerning de facto discrimination in schools in Chiapas region and
discrimination against female domestic workers.
130. Mexico pointed out the need to share information between authorities and to have
principles and standards. Delegates asked for more information about the mentioned interAmerican network and specialized bodies.
131. Austria emphasized that anti-discrimination laws were important but not sufficient
to promote cultural change noting that awareness-raising might be a more practical way. He
noted with interest the prizes established for intercultural reporting by journalists since a
similar award was offered in Austria.
132. The United States of America raised a question with regard to the suggested
broadening of the definition of ICERD in order to include xenophobia. In this regard he
asked whether a complaint of xenophobia had been brought to CONAPRED and it was
unable to assist or was constrained due to the fact that there was no ICERD definition. Mr.
Bucio Mujica emphasized that ICERD is much more limited than the UN Convention on
the Rights of Persons with Disabilities which had a broader scope, details are greater, yet
there are much more direct references to rights of people and it contains references to direct
mechanisms. ICERD had a general definition; it was not detailed, making it difficult to
prove cases of xenophobia and racism.
133. Mr. Bucio-Mujica also pointed out that the majority of rulings on the individual
cases were not binding therefore requiring acceptance on behalf of the person responsible
for the act and very often the person did not accept a commission of an act of xenophobia.
Moreover, in Mexican law there were many distinctions between citizens: being naturalized
Mexicans or Mexican by birth. According to CONAPRED some of these distinctions were
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