A/HRC/13/58
• Human Rights Council decision 3/103 establishing the mandate of the Ad Hoc
Committee
• Human Rights Council resolution 10/30 which endorsed the road map
• Core international human rights treaties
9.
The Chairperson underlined that he had taken the comments formulated during the
informal meeting of 10 July 2009 into account in the elaboration of the outcome document
under the road map. He noted, however, that some contributions received did not fall under
the mandate of the Ad Hoc Committee, interfered with mandates of other mechanisms, or
pertained to process, thematic issues or principled positions. In order to enhance
transparency, a section summarizing the views and comments of Member States had
nevertheless also been included in the outcome document. The Chairperson requested that
discussions focus on the main sections of the outcome document under the road map. Given
the nature of the substantive issues included in the outcome document, a victim-oriented
approach was imperative. He welcomed the opportunity for the Ad Hoc Committee to
advance its endeavours and expressed his wishes for a fruitful, effective and substantive
session.
D.
Adoption of the agenda and organization of work
10.
The Chairperson invited comments on the agenda contained in document
A/HRC/AC.1/2/1. In the course of discussion, statements on the agenda were frequently
intertwined with statements on the organization and draft programme of work contained in
document A/HRC/AC.1/2/CRP.1. Both items are therefore addressed under the same
heading.
11.
Nigeria, on behalf of the African Group, indicated it could not accept the agenda and
programme of work as structured and requested that the Chairperson elaborate a new
agenda and a new programme of work that would allow the Committee to start the process
of developing a new international instrument.
12.
Sweden, on behalf of the European Union (EU), stated that, while the EU was not
against the principle of adopting complementary standards, it felt the decision to do so
should be consensual. Sweden also underlined that any identification of gaps needed to be
based on empirical data and not simply views, and stressed that the need to adopt standards
was to be rationally justifiable and evidence-based. Any complementary standards should
not undermine or duplicate existing standards, and all relevant stakeholders should be
associated to the process, including members of the Committee on the Elimination of
Racial Discrimination. Sweden also stated that agreement on these principles was necessary
before it could endorse the proposed agenda. Azerbaijan supported the elaboration of
complementary standards since some challenges are not covered by the Committee on the
Elimination of Racial Discrimination and emphasized that consensus should not be a
precondition for the work of the Ad Hoc Committee.
13.
On behalf of Brazil, Chile, Colombia, the Dominican Republic, Guatemala, Japan,
Mexico, the Republic of Korea, Switzerland and Uruguay, Argentina stated that due
consideration was to be given to the study of the Committee on the Elimination of Racial
Discrimination, contained in document A/HRC/4/WG.3/7, and the study by the five
experts, contained in document A/HRC/4/WG.3/6. Argentina added that a discussion on the
identification of procedural and substantive gaps should precede any discussion on themes
and should be conducted in a spirit of consensus, a view supported by Norway.
14.
The United States of America did not believe new norms were necessary or useful.
The problem was not one of gaps in the existing international legal framework, but rather
4
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