A/HRC/25/69
D.
Summary of the presentations and initial discussions on the updates on
relevant global and regional developments
64.
At the 11th meeting, on 30 July, Ms. Joy-Dee Davis Lake, Chair of the Organisation
of American States (OAS) Working Group to Prepare an Inter- American Convention on
Racism, Racial Discrimination and Related Forms of Intolerance and an Inter -American
Convention against All Forms of Discrimination and Intolerance gave a presentation on the
recently adopted Inter-American Convention against Racism, Racial Discrimination, and
Related Forms of Intolerance as well as the Inter-American Convention against All Forms
of Discrimination and Intolerance.
65.
She noted that since 2000, the OAS General Assembly and successive Summits of
the Americas, the highest policy-making bodies of the Inter-American system, have
repeatedly raised concerns and reiterated a determination to combat the phenomena of
racism, discrimination and intolerance. She said that it was felt that a convention such as
this would reflect and project concrete steps, legally enforceable, that would contribute to
Member States collaborating to give effect to the principle of equality among human
beings.
66.
She stated that in addition to the migratory phenomena of the present time, there are
new forms of intolerance, no longer only concerning race and ethnicity, but involving much
other human diversity. Intolerance had moved beyond an individual’s phenotypical
characteristics to encompass other characteristics such as social condition, health, gender
identity, national identity and religion. Therefore, the purpose of the Inter-American
Convention was to improve, strengthen, and enlarge the margins of protection already
offered by the ICERD.
67.
She said that after a thorough examination of how the Inter American Convention
would look, a Working Group was installed in 2005, by General Assembly Resolution AG
Res 2126 and negotiations began on the Draft Inter American Convention against Racism,
Racial Discrimination and All Forms of Intolerance. The negotiations took eight years, and
on many an occasion the process was beset with acrimony and stagnation. She noted that
there were two notable impediments to the process: the non-participation of the US and the
withdrawal of Canada, and the ideological difference that led to the split of the draft into
two draft conventions.
68.
With regard to substantive outcomes, she highlighted that the two conventions
together represent the most ambitious catalogue of prohibited bases of discrimination under
international law, including a binding definition of racism, a requirement that States Parties
undertake affirmative measures, and for the first time, in the hemisphere there will be legal
reprieve for groups that continue to experience multiple or extreme forms of racism,
discrimination and intolerance that are driven by a combination of factors. These
Conventions have expressly bound States Parties to ensure that security measures do not
discriminate directly or indirectly against any person or group of persons, based, among
other factors, on their race, ethnicity, culture or religion. For the first time, the categories of
sexual orientation and gender identity and expression are included in a binding international
instrument for the protection of human rights.
69.
The delegate of Brazil noted that the OAS could serve as an example for this
Committee, and how it developed complementary norms. Although negotiations took 8
years, it managed to fulfil the commitment made in 2000. Morocco noted the need of the
OAS to adopt new complementary standards, which is echoed by practices in other regions,
and presents additional proof for the need for such norms and standards at the international
level. Uruguay stated that the OAS experience provided a good example about how
sensitive issues could find consensus. He noted that any form of discrimination should be
considered equally.
32
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