A/HRC/25/69
responses to the questionnaire had come from European countries. It requested more
information in order to exchange good practice and draw inspiration from across the
regions. It stated that the summary in places was categorical, probably attributed to the
limited number of responses received, adding that this should be taken into consideration
with respect to recommendations on the topics of the questionnaire.
22.
Pakistan reported that it had submitted a written response to the questionnaire. It
stated that various political strategies and preventive measures were being undertaken by
the Government of Pakistan in countering racial discrimination, xenophobia and related
intolerance. It also pointed out that its Constitution established criminal liabilities for racial
discrimination and explained that the constitutional provisions were consistent with the
opinions of the Committee on the Elimination of Racial Discrimination.
23.
The United States of America stated that the Constitution and laws of the country
prohibited discrimination motivated by xenophobia and that was adequately addressed by
domestic and international law. It emphasized that the implementation of existing
international law instruments was important in terms of obligations to fight against
discrimination, adding that practical action was required to continue to combat racism and
discrimination.
24.
The Chairperson-Rapporteur stated that, while equality before the law might be
provided in jurisdictions, it was those very mechanisms that could have certain weaknesses
in them; such as access to and the receipt of remedies through those mechanisms. The
situation differed from country to country. He also stated that the role of national human
rights institutions would have to be considered, as they provided another layer in terms of
mechanisms for advancing grievances. He stated that there was benefit in pooling regional
and national expertise and best practices and looking at the advantages and shortcomings of
existing mechanisms. The Chairperson-Rapporteur stated that, while some Member States
were able to deal with racism, racial discrimination, xenophobia and related intolerance
through existing measures, others had pointed out that xenophobia in particular was a
vicious phenomenon requiring special machinery. It was therefore important to define
xenophobia, and identify the motivation behind it, including attitudes, actions and
consequences.
25.
Mexico, noting the general nature of the questionnaire, proposed posing specific
questions to Member States and possibly considering case studies.
26.
The Chairperson-Rapporteur proposed to briefly adjourn the 2nd meeting in order to
meet with the Regional Coordinators on the topic of the questionnaire. Following the
meeting with Coordinators, the meeting was briefly reconvened later that afternoon, during
which meeting the Chairperson-Rapporteur reported that he had decided to close the 2nd
meeting and that the 3rd meeting would be held in the afternoon of 23 July. He urged
delegations to provide additional information and updates to the questionnaire and a
summary of responses received and he also noted that he would invite delegations to make
general statements on the topics and work of the session at that time.
27.
The Ad Hoc Committee held its 3rd meeting the following afternoon. Pakistan,
speaking on behalf of OIC, stated that the Committee should build on the work of the
DDPA and the Outcome Document of the Durban Review Conference. While national
mechanisms had been addressed in article 6 of the International Convention, new gaps
required the elaboration of new standards. OIC strongly believed that it was not possible to
move forward only by strengthening national mechanisms to address xenophobia without
elaborating norms and standards, and suggested a two-track approach. It highlighted new
trends and manifestations of contemporary forms of racism in a number of societies, and
expressed its concern over discrimination against Muslims in socioeconomic spheres. It
stated that the alarming increase in incidents of Islamophobia was the manifestation of
religious hatred and intolerance and served as an impediment to the attainment of a culture
of cooperation and peaceful coexistence. Such incidents reflected legislative gaps that
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