A/HRC/31/74
83.
The representative of Brazil thanked the Chair-Rapporteur for his leadership and
guidance, and thanked colleagues for their constructiveness and flexibility. She stated that
good progress had been made on the issues of racism and sport and that the Committee felt
the need to continue to make progress on the issue of procedural gaps at the next session.
The additional future topic on reparation would provide the Committee with the
opportunity to discuss and consider the issue of complementary standards.
84.
The representative of Cuba expressed her support for the Ad Hoc Committee and its
mandate, stating that she hoped that, in the near future, it would move toward a true binding
document to address existing gaps.
85.
The representative of the Bolivarian Republic of Venezuela reiterated its full support
for the mandate of the Ad Hoc Committee, regretted that obstacles continued to be placed
in the path of the work of the Ad Hoc Committee, and expressed his delegation’s hope that
the international community would work to combat all new forms of racism, racial
discrimination, xenophobia and related intolerance.
86.
The representative of the United States took the floor to clarify that, while earlier
resolutions concerning the Ad Hoc Committee had been decided by a vote, the last two
resolutions of the Human Rights Council (at its thirteenth and twenty-first sessions) had not
been opposed and had been adopted by consensus.
87.
The Chair-Rapporteur made a personal statement in which he thanked the
representatives to the Ad Hoc Committee for their participation and constructive approach
during the session. The essential and original mandate of the Ad Hoc Committee reached
democratically by the Human Rights Council in its decision 3/103 and recalled in its
resolutions 6/21 and 10/30 could not be ignored. He recognized that there had been
differences; however, he asked what then was to be done in a multilateral forum where
some opposed the mandate and prevented its discharge. He noted it was a complex issue
and that it was posing difficulties in moving forward. He pointed out that the situation had
been reached where the multilateral system was not being used for what it was intended —
that States negotiated together and those that did not agree at least did not hinder the
proposals of others and allowed their refinement. He stated that this was the case in the Ad
Hoc Committee, and that these kinds of discussions had yet to take place.
88.
He stated that the Ad Hoc Committee had discussed procedural and substantive gaps
and that they needed to be addressed. He mentioned that all the presentations had confirmed
that national mechanisms, overall, were not working effectively. He reiterated the issue of
the need to exhaust available national remedies, but that this had highlighted gaps and
limitations as victims required financial resources to seek redress, which limited their
capacity. This was particularly highlighted in the condition of minorities and migrants.
89.
The Chair-Rapporteur invited all participants to address directly to him informal
written inputs on elements for a possible instrument and any appropriate text for
consideration to fill gaps. He stated that he was open to receiving such informal inputs and
inputs on any other related subjects in order to prepare adequately for the eighth session of
the Ad Hoc Committee.
90.
He continued that the adoption of the first decision concerning the Ad Hoc
Committee had brought hope to victims of human rights violations, who wanted nothing
more than the protection of their dignity as human beings. He stated that, looking at the
work of the Committee over the past eight years, it could not be said strongly or proudly
that much had been achieved to improve the lot of victims, even though there were
potential powers and opportunities to do so through this forum. He also stated that the
overall picture was that issues had been circled repeatedly and that positions of
Governments and groups held since the establishment of the Ad Hoc Committee had been
reiterated and remained. There had been no movement in any direction, which diminished
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