A/HRC/18/36
83.
The Chairperson welcomed this timely intervention and agreed that it was counterproductive to talk at cross-purposes. He agreed to the suggestion that concrete proposals be
submitted in order that they could be discussed at the following session of the Ad Hoc
Committee.
84.
Switzerland expressed its openness to the proposal from Morocco and stated that it
was amenable to drawing up standards if it ultimately proved necessary to do so. The
United States of America clarified that the 2009 exercise was in fact different and that the
current proposal was an invitation to bring forth situations of contemporary cases not
covered by the Convention on the Elimination of All Forms of Racial Discrimination. The
proposal from Morocco was appreciated, since it was an opportunity to consider what was
covered by the norms and why; however, to state that there were in fact gaps was a
conclusion at which it had not been arrived.
85.
The European Union stated that the Ad Hoc Committee appeared to be at a standstill
again and noted that the problem of methodology remained with regard to the existence of a
gap, or lack thereof, and that the situation was impeding progress. There was a clear need to
identify the lacunae first. Concerning methodology: first, the phenomenon must be
identified; second, whether gaps existed or not should be considered; third, whether
standards were necessary should be determined; and fourth, what type of standard should
be elaborated should be determined. The European Union expressed its appreciation of the
suggestion of Morocco and added that the Committee was not starting from point zero, as
there were previous submissions, including the report of the High Commissioner for
Human Rights from 2003 which listed all the relevant existing international standards, as
well as the report by the Committee on the Elimination of Racial Discrimination
(A/HRC/4/WG.3/7) from 2007 and report on the study by the five experts on the content
and scope of substantive gaps in the existing international instruments to combat racism,
racial discrimination, xenophobia and related intolerance (A/HRC/4/WG.3/6).
86.
The Chairperson stated that it had never been the intention that the Ad Hoc
Committee enter into profound discussions on substance during the current session, but that
such discussions would take place at the following session. He noted with satisfaction that
participants were looking forward to the following session of the Ad Hoc Committee.
87.
Algeria stated that, while it agreed with the logic underlying the suggestion of
Morocco that proposals be placed on the table, it expressed concern at the fact that such a
proposal posed a risk of duplicating and delaying the process. Algeria recalled in that
regard that contributions and concrete proposals had already been made in the past. Algeria
recalled further that delegations’ positions on methodology, substance and themes had
already been expressed and conveyed through written submissions.
88.
In reference to the methodology issue, South Africa recalled that the Chairperson
had the prerogative to undertake his own initiatives in his role guiding the work of the Ad
Hoc Committee.
89.
Morocco explained that its suggestion was not that delegations should come back to
the Ad Hoc Committee with specific answers concerning gaps, but rather a proposal to
answer the request of the European Union delegation to identify concrete proposals with
regard to gaps. It stated that if the response was to revert to what had already been done,
that would also be fine.
90.
CRED commented on the methodology issue, reminding participants not to
concentrate solely on existing instruments such as the International Convention on the
Elimination of All Forms of Racial Discrimination, since other declarations and documents
existed and could prove instructive. The Association of the World Citizens also commented
on the existence of gaps in the system.
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