A/HRC/42/58
that as Chair-Rapporteur he would not negotiate on the text. He added that all future
negotiations would take place in the Committee and that in his view, there was no longer a
need to invite experts to make topical presentations during the forthcoming sessions of the
Committee. He also added that his road map would not bind any future Chair-Rapporteur.
He asked delegations to come prepared and to offer a pragmatic and informed approach to
this exercise.
58.
With regard to the presentation of Mr. de Zayas, the representative of Pakistan stated
that the report of the Committee should reflect what was said during the session. She added
that with the input of experts, the Committee’s work was moving forward.
59.
The representative of India reiterated the strong concerns of his delegation contained
in its letter that the presentation of Mr. de Zayas was not on topic and outside the mandate
of the Committee.
60.
The representative of the Indigenous Peoples and Nations Coalition reiterated his
point about the issue of transmitting petitions and expressed his support for the presentation
of Mr. de Zayas.
61.
The Chair-Rapporteur reiterated that the Human Rights Council and the General
Assembly expected him to report on issues according to the mandate of the Committee. He
added that by the end of the session, the Committee should adopt a document on the
“commencement of negotiations criminalizing acts of a racist and xenophobic nature”. He
then invited the Committee to make interventions regarding the issues and elements
concerned in that regard, pursuant to General Assembly resolution 73/262 and Human
Rights Council resolution 34/36.
62.
The representative of Pakistan on behalf of OIC noted that all contemporary forms
of discrimination, including on the grounds of religion and belief must be addressed. Hate
speech and the dissemination thereof should be addressed, both offline and online.
Incitement, including aiding, abetting and supporting incitement should be included, as well
as incitement which leads to racist and xenophobic hatred. All such acts should be
criminalized in such an exercise.
63.
The representative of Angola, on behalf of the African Group, stated that the
protocol should criminalize all racist and xenophobic acts regardless of the perpetrators,
whether at the national or local level and regardless of whether undertaken by individuals
or groups, the media or politicians. All relevant acts should be covered, including the
dissemination of hate speech, incitation, aiding and abetting, promoting or protecting
xenophobic acts and dissemination through the Internet and other platforms; racism and
xenophobic content must be prevented in all areas.
64.
The representative of Burkina Faso noted the relevant African legal framework,
including directive C/DIR. 1/08/11 of the Economic Community of West African States
(ECOWAS) and the African Union Convention on Cyber Security and Personal Data
Protection, which deals with the harmonization of legal norms and regulations, legal
cooperation, the exchange of information between intergovernmental or regional actors and
public-private partnerships. Article 20 of the ECOWAS directive states that: “Possession of
racist or xenophobic written documents or pictures though a computer system is the act by
which a person creates, downloads, disseminates, or makes available in whatever form,
written documents, messages, photographs, drawings or any other depictions of racist and
xenophobic ideas and theories by means of a computer system.” Article 29 (3) (1) (e) of the
African Union Convention refers to States parties making it a criminal office to “create,
download, disseminate or make available in any form writings, messages, photographs,
drawings or any other presentation of ideas or theories of racist or xenophobic nature
through a computer system”.
65.
The representative of Brazil stated that the proposal of the African Group gave some
direction and noted the need to consider the language carefully. She added that the African
Group elements seemed to echo the Human Rights Council resolution on the compatibility
between democracy and racism and the Durban Declaration and Programme of Action.
66.
The representative of India suggested that a list of all contemporary forms and issues
where racism and xenophobia were prevalent and not covered by the Convention be
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