A/HRC/18/36
15.
At the fourth meeting, the Chairperson explained that these four topics were being
introduced because of the impossibility of dealing with all issues pertaining to racism,
racial discrimination, xenophobia, and related intolerance. It was intended that the Ad Hoc
Committee should attempt to deal with the burning issues of the times. While the list was
not exhaustive or presented in a particular order, it was an attempt to reflect key topics and
concerns of participants. The list should be seen as part of a continuum, since best practices
was soon to be considered by the Human Rights Council during its seventeenth session. He
underscored the importance of an incremental approach to the issues and that those topics
could start the work process of the Ad Hoc Committee. Lastly, those topics presented an
opportunity to borrow and learn from others. The Chairperson, anticipating the need for
intensive discussions, expressed a hope that the list of four topics could be further narrowed
to two or three for discussion during the resumed third session.
16.
The Chairperson then presented a brief introduction to each of the four topics.
Xenophobia was a topic inspired by recent terrible experiences in South Africa and the
need to study that phenomenon more closely. He stated that incitement to racial, ethnic and
religious hatred had been the focus of attention during recent sessions of the Human Rights
Council, noting that the Council’s last session had adopted a resolution by consensus and
that he wished to build thereon. The topic of racial and xenophobic acts committed through
information and communication technologies was informed by the Council of Europe
Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of
acts of a racist and xenophobic nature committed through computer systems, and the idea of
borrowing, updating and universalizing that Protocol. He noted that the topic of racial,
ethnic and religious profiling was timely, citing measures by the European Union to
eliminate profiling.
17.
Participants exchanged preliminary statements about the Chairperson’s proposal and
the topics. Questions were posed about the criteria for selection and some expressed the
sentiment that, while not ranked, the selection of four topics would imply preference. Some
delegates noted that the listing was only a starting point for discussions. The Chairperson
noted a general feeling in support of the proposal and discussion of the topics, but said that
more consultation across and between regional groups would likely be required. He
proposed that informal consultations take place over the following days to settle on one or
two topics to be considered by the Ad Hoc Committee.
18.
The United States of America suggested that the title “incitement to racial, ethnic
and religious hatred” be revised using language on advocacy and incitement derived from
the International Convention on the Elimination of All Forms of Racial Discrimination, the
International Covenant on Civil and Political Rights and recent resolutions of the Human
Rights Council to read: “combating advocacy of national, ethnic, religious and racial hatred
that constitutes incitement to discrimination, hostility or violence”. Nigeria, speaking on
behalf of the Africa Group, supported that revision.
19.
After some discussion, two additional topics “racism and sport” and “establishment,
designation or maintaining of national mechanisms with competences to protect and
prevent against discrimination” were added to the list of topics, the latter at the suggestion
of European Union.
20.
Argentina, speaking on behalf of Armenia, Brazil, Chile, Colombia, Costa Rica,
Guatemala, Japan, Mexico, Republic of Korea, Switzerland and Uruguay, noted that their
delegations had prepared for the session on the basis of the Durban Declaration and
Programme of Action and expressed some concern that the list would be closed at six
topics. It highlighted the importance of expert participation (such as the Committee on the
Elimination of Racial Discrimination and the Special Rapporteur on contemporary forms of
racism, racial discrimination, xenophobia and related intolerance) in discussions, noting the
need to hold an informed debate and discussion on the topics.
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