A/HRC/18/36
Discrimination in order for it to be complementary. In A/HRC/13/CRP.1,1 paragraph 159
(a) and (b) referred to gaps which existed and which must be addressed.
41.
Cuba stated that, as xenophobia was a new phenomenon of the past 20 years, it was
clearly the duty of the Ad Hoc Committee to address it. There were clearly gaps with
respect to its treatment in the Convention. The general comments of the Committee on the
Elimination of Racial Discrimination could be valuable, but were not legally binding and
the comments of a group of experts were without legal status. Any definition of xenophobia
should be as broad as possible and the work of the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance should be
studied.
42.
In response to an earlier intervention, the United Kingdom of Great Britain and
Northern Ireland noted that, while the serious issues being considered were very emotive,
interventions should focus on the substance of the discussions. It underlined the
multicultural and diverse society of the United Kingdom of Great Britain and Northern
Ireland.
43.
The European Union recalled that, although xenophobia had been considered by the
World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance in 2001 and the Review Conference in 2009, no standard definition, besides
very broad dictionary terms, had ever been established. As a result, xenophobia could be
understood through other grounds of discrimination and in connection with racism and
racial discrimination, and could be a compounding or additional ground for discrimination.
Manifestations of xenophobia rather than xenophobia itself should be addressed, for
example, discrimination or violence based on xenophobia. In that respect, the approach of
the delegate of Liechtenstein concerning accumulated grounds in article 1 of the
Convention on the Elimination of All Forms of Racial Discrimination was interesting.
Paragraphs 2 and 3 of article 1 of the Convention allowed for distinction and the Committee
on the Elimination of Racial Discrimination was perhaps already equipped to deal with the
issue of xenophobia. The European Union recalled the need for more expertise and research
on the issue and noted that it would be very important to hear directly from the Committee
concerning its competence in the area and as to whether additional provisions or protocols
were required.
44.
The European Union also noted that its regional initiatives were mentioned in the
preliminary discussion note, expressing appreciation for the acknowledgment that measures
had already been taken to address xenophobia at the regional level.
45.
France supported the position of the European Union and the approach suggested by
Liechtenstein. Speaking on the etymology of xenophobia, France noted that xenophobia
was essentially about treating those of another nationality differently. It added that,
although not mentioned explicitly, the scourge of xenophobia was addressed by the
definition in article 1 of the Convention on the Elimination of All Forms of Racial
Discrimination. The question had been raised as to whether a definition of xenophobia was
necessary to change the situation with respect to victims on the ground. Therefore, it was
also important to assess whether the content of the definition in that Convention was
transposed to domestic legislation, thereby making provision for issues of xenophobia.
46.
Algeria emphasized that it was not possible to equate racial discrimination – referred
to in the Convention – with xenophobia, which was not. It noted that the Additional
1
Report of the second session of the Ad Hoc Committee on the Elaboration of Complementary
Standards as approved ad referendum on 30 October 2009 with amendments and proposals received
within the following two weeks to statements delivered during the session.
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