A/HRC/18/36 91. The Chairperson briefly identified issues raised in the discussions. He noted that the discussions were intended to give a chance for participants to speak to one another and explore issues. It appeared that all participants were saying that there was a need for national mechanisms. The core issue of the existence or lack of gaps had been underscored, and he noted that it must be addressed in the forthcoming session of the Ad Hoc Committee. There was the issue of whether existing instruments were sufficient to deal with new phenomenon and contemporary forms of racism, racial discrimination, xenophobia and related intolerance. He noted the discussion about whether in some ways the mandate of the Ad Hoc Committee could well be edging towards that of the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action, and that the need to survey or audit national mechanisms had been raised during the discussions. It had been suggested that enough materials and work were already on the table to draw upon and develop work for the forthcoming session. He noted that, during the third session, participants had suggested that the Chairperson might wish to consult with experts to see how to proceed. The importance of recourse for and assistance to victims had also been underlined. He stated that the challenge was for each delegation to look into provisions or lack thereof to assist with shaping the way forward. VIII. Adoption of the report 92. The Chairperson opened the ninth meeting on 21 April 2011 and announced that the draft of the report of the session had been circulated to participants. The Chairperson invited participants to consider the draft with a view to ensuring the accuracy of the session report and to make solely factual or technical revisions to it. A number of delegations took the floor to make corrections or clarifications to the draft report. 93. The Chairperson made some concluding observations and recommendations on the way forward. He stressed that the discussion during the resumed third session had provided him with sufficient elements to develop the agenda of the fourth session; he would undertake further consultations on two topics “Xenophobia” and “Establishment, designation or maintaining of national mechanisms with the competences to protect against and prevent all forms and manifestations of racism, racial discrimination, xenophobia and relate intolerance”. He would develop a document which will be used as a basis for further extensive consultations. The aim would be to circulate the document, in the six United Nations languages, ahead of the fourth session, to enable delegations to engage with each other constructively. He would also undertake the necessary consultations prior to the fourth session, including with the Chairperson of the Intergovernmental Working Group and all relevant stakeholders, and would circulate the agenda ahead of that session. All topics were open for discussion and remained on the table. The Ad Hoc Committee would agree at the fourth session on the agenda and programme of work for the fifth session, which would take place in 2012. 94. He noted that the report of the current session would be adopted provisionally that day by the Committee. The deadline for amendments, which were technical or factual corrections to the current text, was 10 May 2011. These amendments should be transmitted to the Secretariat in writing. The Chairperson thanked the Ad Hoc Committee for the confidence placed in him and stated that he would continue to determine the best way forward to guide the work of the Committee. 95. There was some discussion following the concluding remarks of the Chairperson. 96. Nigeria speaking on behalf of the African Group stated that the Chairperson’s remarks were not a subject of negotiations and that they must be reflected in the report of 17

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