A/HRC/42/58
agreement upon or evidence that the Convention had gaps, nor that it failed to address
contemporary forms of racism.
28.
She added that in the view of the European Union, the Committee on the
Elimination of Racial Discrimination considered that the Convention had no gaps, as the
experts who had prepared a study on complementary international standards “on the content
and scope of substantive gaps in the existing international instruments to combat racism,
racial discrimination, xenophobia and related intolerance” had concluded that there were
gaps in implementation or that should be addressed in general comments of the Committee,
but they had not concluded that there was a need for an additional protocol.
29.
The European Union could not therefore support the commencement of negotiations
on an additional protocol to the Convention that would criminalize acts of a racist and
xenophobic nature. The representative of the European Union stated that discussions within
the Ad Hoc Committee were ongoing on the need for possible complementary standards to
the Convention. Other options, such as non-legally binding instruments, were still under
consideration and could have been further explored on a consensual basis.
30.
The European Union believed that the global fight against racism, racial
discrimination, xenophobia and related intolerance was an issue that concerned everyone in
every region of the world. It was an issue on which the international community should be
united. In that spirit, the European Union remained open to engaging in a constructive
dialogue with all stakeholders on this topic and stood ready to share best practices in that
regard.
31.
The representative of Pakistan, speaking on behalf of the Organization of Islamic
Cooperation (OIC), stated that the world was facing a myriad of challenges marked by
international conflicts and worsening humanitarian crises. The reasons for those situations
could be traced to rising hatred, xenophobia and intolerance. The root causes of racial abuse
and discrimination were more complex than they had ever been, giving rise to new and
contemporary forms of racial discrimination based on race, sex, language or religion, which
were not covered by existing instruments. Consequently, there was a need for effective
legislation at both the national and international levels to fill in the gaps and provide
remedial measures for victims of injustice and discrimination. The OIC member countries
believed that ramifications of past injustices haunted the lives of many and therefore
international cooperation was necessary if obstacles to the attainment of better and equal
standards of living were to be removed.
32.
OIC was gravely concerned by the rise of populist politics and right-wing extremist
ideologies fanning hatred and religious intolerance, particularly against Muslim populations
in many countries around the world. In a dangerous tide of extreme politics and pannationalism in many parts of the world, nationalism was equated with patriotism.
Indigenous peoples, migrant workers, refugees and other vulnerable groups would bear a
disproportionate brunt of discrimination and harassment. The OIC member countries
believed that the work of the Committee was pertinent and important, and reaffirmed its
commitment to constructive participation in the Committee’s discussions. OIC considered it
important that the proposed additional protocol covered all contemporary forms of
discrimination, including any discrimination based on religion or belief, such as
Islamophobia, which currently represented the most prevalent form of discrimination based
on religion or belief.
33.
The representative of South Africa aligned her delegation with the statement of
Angola on behalf of the African Group. She noted that the incidents of the previous month
in Christchurch, New Zealand, should enjoin the Committee to fully implement the Durban
Declaration and its Programme of Action. Such incidents should further encourage the
Committee to protect, promote and respect human rights of the most vulnerable by
elaborating complementary standards to the Convention and closing any normative and
procedural gaps that existed.
34.
The representative of South Africa further noted that most of the historically
disadvantaged groups subject to poverty and inequality fell within the purview of the
DDPA as elaborated inter alia in paragraphs 104 and 105 of the Durban Declaration and
Programme of Action. South Africa had enacted legislation constitutionally mandated to
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