A/HRC/13/58 21. The Chairperson cited the rules of procedure of the General Assembly contained in document A/520/Rev.17 and deduced that, as a subsidiary body of the Human Rights Council, the Ad Hoc Committee had to apply the rules of procedure of the Human Rights Council which, in turn, applied the rules of procedure of the General Assembly. There was no legal ambiguity in this respect. As the Chairperson, however, he obviously preferred consensus. This did not mean, however, that a document which was not adopted by consensus was not a valid document. Indeed, such an approach would contradict the very essence of multilateralism. He also clarified that the outcome document under the road map presented substance and procedure separately, and that it was obvious that the document could have been structured in a myriad other ways. As for the issue of sexual orientation, the Chair stated that some States had requested in prior sessions that the discussion focus on racial discrimination only, while others favoured a focus on all forms of discrimination. Hours had already been devoted to this issue, inconclusively, and it had become clear that the matter was not conducive to consensus. The Chair then proposed that informal consultations take place on a draft programme of work which would enable the Ad Hoc Committee to elaborate complementary standards, indicating that the nature of the instruments was not predetermined. 23. An indigenous representative, speaking on behalf of the Indigenous Peoples and Nations Coalition and the Indian Council of South America, stated that the rights of peoples under foreign occupation had to be addressed directly. 24. At the opening of the second meeting, the Chairperson presented the revised agenda contained in document A/HRC/AC.1/2/1/Rev.1. The Ad Hoc Committee adopted this agenda for its second session. 25. Discussions on the draft programme of work were pursued during the second and third meetings. At the opening of the fourth meeting, pending final approval of the draft programme of work, it was agreed that discussions would be pursued in alphabetical order on the basis of themes submitted by States or groups for inclusion in the draft programme of work. 1. Advocacy and incitement to racial, ethnic, national and religious hatred 25. Statements and/or text proposals were made by Nigeria (on behalf of the African Group), Switzerland (on behalf of Argentina, Brazil, Chile, Colombia, the Dominican Republic, Guatemala, Japan, Mexico, the Republic of Korea and Uruguay), Pakistan (on behalf of States members of the OIC), Liechtenstein, Sweden (on behalf of States members of the EU), Ireland, Norway, Denmark, Netherlands, United States of America, Belgium, United Kingdom of Great Britain and Northern Ireland, France, Canada, Germany, Syria, South Africa, Algeria, Argentina (see A/HRC/13/CRP.1). 26. 6 Nigeria, on behalf of the African Group, made the following proposals: 1. States parties shall condemn any propaganda, practice, or organization aimed at justifying or encouraging any form of racial hatred or discrimination targeting people of particular groups, such as racial, ethnic or religious groups, refugees, asylum-seekers, internally displaced persons, stateless individuals, migrants and migrant workers, communities based on descent, such as people of African descent, indigenous people, minorities and people under foreign occupation; 2. States parties shall immediately undertake to adopt positive measures designed to eliminate all incitement to racial, ethnic or religious hatred or discrimination and, to this end, shall commit themselves, inter alia: GE.10-10366

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