A/HRC/18/36
21.
The session was suspended in order for informal consultations to take place. The
Chairperson informed the delegates that Mothusi Bruce Rabasha Palai, Permanent
Representative of Botswana, would facilitate the informal sessions. The formal meetings of
the Committee would resume on 18 April 2011.
IV.
Report of the facilitator on the informal consultations
22.
At the fifth meeting of the Ad Hoc Committee on 18 April 2011, the ChairpersonRapporteur opened the meeting and invited the facilitator of the informal consultations, Mr.
Palai, Permanent Representative of Botswana, to present an oral report to the Ad Hoc
Committee on the results of the consultations.
23.
Mr. Palai noted that there had been constructive engagement and that the atmosphere
had been overall quite positive. The open-mindedness shown – despite some differences of
opinion – was remarkable. He explained that the topics that had been chosen were those
with which the most delegations were most comfortable. Participants had generally
acknowledged an absolute need to start work. A manageable workload had been sought,
bearing in mind the Chairperson’s instructions to arrive at two or three topics. He reported
that a seventh topic “Procedural gaps with regard to the International Convention on the
Elimination of All Forms of Racial Discrimination” had been added to those discussed at
the request of Argentina, speaking on behalf of Armenia, Brazil, Chile, Colombia, Costa
Rica, Guatemala, Japan, Mexico, Republic of Korea, Switzerland and Uruguay. With
regard to the topics, after fruitful discussions, three to four had been considered a good
focus for discussions: topic 1 “Xenophobia”; topic 2 “Advocacy and incitement to racial,
ethnic, national and religious hatred”; topic 5 “Racism and sport”; and topic 6
“Establishment, designation or maintaining of national mechanisms with competences to
protect and prevent against discrimination”. He noted that an understanding about the need
to take a minimalist approach in order to get work started had been apparent. He reported
that, as there had been no significant opposition to topic 1 “Xenophobia” and topic 6
“Establishment, designation or maintaining of national mechanisms with competences to
protect and prevent against racism, racial discrimination, xenophobia and related
intolerance”, they were good topics on which to start work. In view of the need to keep the
participants working together, topic 2 “Advocacy and incitement to racial, ethnic, national
and religious hatred” had been dropped.
24.
In response to questions about the future of the remaining five topics, Mr. Palai
explained that those topics were still on the table, but that topics 1 and 6 would allow the
Committee to commence work. He reiterated that the topics selected were not being given
priority. With regard to a question about the introduction of new topics in the future, he
stated that the informal consultations had not been tasked to exhaust the list of possible
topics and that the remaining five topics and possible new topics were still open.
25.
He mentioned questions raised during the informal consultations concerning
methodology and the nature of the outcome. While feelings of discontent had been
recognized, it had been felt during discussions that the Ad Hoc Committee could move
forward on the basis of the two topics mentioned.
26.
The Chairperson expressed appreciation to the facilitator for all the efforts during
the informal consultations and confirmed that the selection of one or two topics for the
purposes of starting work did not preclude later discussion of other topics.
27.
Nigeria, speaking on behalf of the African Group, confirmed that the facilitator had
discharged the assigned task very well; however, while the perception that the topic of
xenophobia had been accepted was correct, topic 6 on national mechanisms gave rise to
serious reservations for the African Group since it was a cross-cutting topic. The Group was
6
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