A/HRC/42/58 to combat racism racial discrimination xenophobia and related intolerance. Another new development was the enactment of a policy framework on combatting on and offline discrimination. Such framework should close all existing gaps in the national framework. 87. The representative of Angola on behalf of the African Group said that the thematic discussions should contribute to identifying complementary standards. The discussion could focus to a larger degree on xenophobia. The discussion on national developments should, among covering other issues, identify those situations where antiterrorist measures had increased racism. Further studies on the subject of racism, racial discrimination, xenophobia and related intolerance should apply an intersectional approach. Legislation, the delegate continued, was important when it came to incitement to hate and hate speech. Angola, the delegate noted on behalf of her delegation, would ratify the ICERD as during the 1960s Angola was still a colony and could not ratify it then. 88. At the seventh meeting on 11 April, the Ad Hoc Committee continued its consideration of agenda item 6. Mr. Alfred de Zayas, Human Rights Expert and Lecturer in international law at the Geneva School of Diplomacy, was invited to give a presentation on the topic of comprehensive anti-discrimination legislation. 89. Mr. de Zayas commenced by indicating that his presentation would focus on victims of racial discrimination, notably minorities and indigenous peoples. He stated that as a former United Nations Independent Expert on the promotion of a democratic and equitable international order, he regularly received information concerning the discrimination against indigenous populations in North and South America. He noted that he had also received information on killings and intimidation by para-militaries. In addition, he received documentation on the lack of investigation of crimes by governments and the prevailing impunity concerning land theft in certain countries. He stated that he had learned about a large number of cases of racial discrimination and killings of members of minorities and indigenous persons, primarily in connection with the defence of their ancestral lands against the extracting industries Mr. de Zayas highlighted the systematic discrimination of indigenous peoples in several countries, and also noted that between the two world wars there was widespread discrimination against minorities in Europe. There was discrimination against minorities in many parts of the world. He noted that the issue of racial discrimination directed against minorities and indigenous people was linked to the right of self-determination. He stated that those victims suffered racial discrimination and deserved the same attention as other victims of gross violations of human rights, but they were left behind. 90. With regard to complementary standards, Mr. de Zayas noted his reservations about adopting complementary standards to the Convention on the Elimination of all Forms of Racial Discrimination, because by implication it would mean that the Convention did not cover those issues. In his view, a plan of action accompanied by the creation of mechanisms and procedures to implement the provisions of the existing Convention was more urgent. 91. Professor de Zayas also said that article 15 procedure should be used to advance indigenous claims. Petitions directed to CERD Committee should be transmitted to the General Assembly’s Committee of 24, the Decolonization Committee, because indigenous peoples were denied effective remedies. Whereas refugees had their Convention as do migrants, indigenous only had a “Declaration on the rights of Indigenous peoples”, that was only “soft law” largely ignored by States, while the land-grabbing, exploitation and systematic discrimination of indigenous peoples continued. 92. The representative of the non-governmental organization the Indigenous Peoples and Nations Coalition welcomed the presentation of Mr. de Zayas. He suggested that the Ad Hoc Committee could recommend that indigenous people should be allowed to transmit petitions. In his view, such a recommendation would be compatible with the mandate of the Ad Hoc Committee. The denial of justice to indigenous peoples in North and South America was based on the notion of superiority. He stated that many resolutions were adopted with a focus on other regions but earlier efforts to bring forward the issue had been blocked. He said that it was only the lack of political will and the fear of States that was blocking the Ad Hoc Committee from moving forward to make such a recommendation The delegate asked the Committee to overcome those obstacles. 33

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