A/HRC/31/74
95.
The 2007 study also addressed the need to enhance the effectiveness of the CERD
through the establishment of an evaluation visit/inquiry procedure. CERD proposed to
explore the need to enhance its capacity to prevent serious forms and consequences of
racial discrimination through an evaluation visit/inquiry procedure. In relation to the need
to enhance the promotion of racial equality and protection against discrimination through
national mechanisms, CERD suggested the inclusion in an optional protocol of provisions
on the obligation of States to establish, designate or maintain national mechanisms that will
operate in cooperation with the Committee so as to strengthen the effectiveness of the
monitoring role of CERD.
96.
The draft compilation document also included excerpts from the session reports of
the Ad Hoc Committee summarizing presentations and interventions made by delegates on
the topic of procedural gaps at the first, third, fourth, fifth and sixth sessions.
97.
The Chair-Rapporteur stated that the document was a compilation of previously
published Ad Hoc Committee reports and the 2007 CERD study and that he welcomed
further consideration of the document. He explained that CERD had been approached to
present on this agreed agenda item, however the experts indicated that they had no further
information or developments to present on the issue of procedural gaps. The ChairRapporteur suggested that some of the meetings of the following week be devoted to a
discussion on this topic. He stated that the Ad Hoc Committee should address the CERD
proposals with regard to procedural gaps and take steps to assist the Committee in this
regard.
98.
The representative of Pakistan on behalf of the OIC thanked the Chair-Rapporteur
for presenting the compilation. Pakistan supported the idea of an additional protocol to
ICERD. She stated that the OIC was of the view that additional protocols are required, as
evident in the Committee on the Elimination of Racial Discrimination, the
Intergovernmental Working Group on the Effective Implementation of the Durban
Declaration and Programme of Action , and Ad Hoc Committee sessions and discussions.
While it was agreed that there are gaps, there is a disagreement about how to address these
gaps.
99.
Based on all these deliberations thus far, the Ad Hoc Committee should start
considering consolidating elements for an optional protocol. She noted that the issues on
which there were substantive gaps were known and the subject of General Assembly and
Human Rights Council resolutions; and that issues such as racism and sport, or elements
from Human Rights Council resolution 16/18 on “Combating intolerance, negative
stereotyping, stigmatization, discrimination, incitement to violence and violence against
persons, based on religion or belief” could be integrated in such an optional protocol.
Rather than separate sets of protocols, a comprehensive additional protocol should be
considered to address all the gaps which have been identified, and that discussions could
take place on how to move ahead on this. As is the case with any additional optional
protocol, States Parties are given the opportunity to ratify or not such an instruments, but it
should not delay the Committee from progressing with the drafting of the optional protocol.
The representative suggested that a similar compilation on the issue of substantive gaps be
prepared. The following week of the 7th session of the Ad Hoc Committee should be
dedicated streamlining these elements, so that proposal could be placed on the table. She
stated that this OIC proposal should be taken on board and reflected in the Ad Hoc session
report.
100. The representative of the European Union also thanked the Chair-Rapporteur for the
compilation and reiterated its position that the substantive provisions are sufficient. It was
important to collectively look at how to use the monitoring mechanism of the Convention
more effectively before moving ahead. It was also important to bear in mind capacity and
resource issues. There is lack of reporting by so many states and lack of response to
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