A/HRC/18/36
75.
The United States of America supported the position of the European Union, stating
that there was an assumption that there were large gaps in the normative standards and that
it would be very useful to hear of a situation or case not covered by the Convention on the
Elimination of All Forms of Racial Discrimination. It was noted that mechanisms were also
part of Convention on the Elimination of All Forms of Racial Discrimination and that the
problem was really implementation.
76.
Brazil stated that the 2001 World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance had been a turning point for the
country and had ushered in a period of reflection regarding racial equality domestically.
National contexts differed. Brazil perceived no gaps which required filling and was not in a
position to tell other Member States what action to take concerning their respective national
circumstances.
77.
Egypt stated that gaps in protection and promotion must be addressed, but that
progress in that regard had been blocked by the issue of topic identification. The Durban
Declaration and Programme of Action cited the contemporary forms of racism, and
discussion on national mechanisms must take place with that in mind. It must be asked
whether a new cycle of victimization was created by contemporary forms of racism or
whether the current framework was inadequate to address the contemporary forms. It was
added that the issue of national mechanisms was cross-cutting and should be discussed
under each identified topic.
78.
Nigeria, speaking on behalf of the African Group, stated that the mandate of the Ad
Hoc Committee made clear that complementary standards should be elaborated. It recalled
a paper prepared by the African Group in 2009 and noted that it could be submitted to the
next session of the Ad Hoc Committee.
79.
Algeria further stated that, while the Ad Hoc Committee should not be working
exclusively on best practices, the essence of those practices could be transposed to normsetting, if appropriate. It would be useful to identify a practice which could be set as a
norm. In reference to the “road map” document in the report of the Ad Hoc Committee in
its second session, it was recalled that States had already been asked to identity gaps and
areas in writing.
80.
Switzerland noted that mechanisms evolved over time and in so doing could also
respond to changes. It was not necessary that standard-setting always take place first, as
there were some practices which could prove useful outside of a lengthy norm-setting
process. States enjoyed a degree of latitude in implementing their human rights obligations
and could even go beyond them if they so wished. Switzerland indicated that it had not yet
been proven that complementary standards were necessary.
81.
The African Union asserted its commitment to standard-setting and stated that it had
been prevented from presenting the African Group document of 2009. It underscored the
need to present information and positions with regard to gaps, adding that the rights of
victims and individuals could only be based on a legal framework.
82.
Morocco stated that the debate was essentially the same exchange of views from the
previous session of the Ad Hoc Committee and that participant and regional groups
appeared to be hearing without listening. Recalling Human Rights Council decision 3/103,
it asked why the meeting was being held if there were no gaps and added that there was
indeed a void which needed to be bridged. It suggested that the Committee leave aside
questions of format for the time being and focus on matters of substance. It further
suggested that delegations respond to the request of the European Union to submit specific
proposal about gaps and suggestions for drafting, which could be compiled in a document
for the forthcoming session. The earlier exchanges on best practices were appreciated, but
those practices were particular to a given State.
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