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. 5

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