A/HRC/42/58
77.
At the 10th meeting, also under agenda item 8 on General Assembly resolution
73/262 and Human Rights Council 34/36 regarding negotiations on the draft additional
protocol to the Convention criminalizing acts of a racist and xenophobic nature, the
Committee began considering a draft in-session document based on a compilation of
suggestions and texts received from regional groups and delegations. This working
document was screened in the room on an overhead projector.
78.
The Chair-Rapporteur indicated that the document contained only proposals or
“pointers”, which grouped areas to be criminalized and preventative measures. It was a very
initial draft document that would be refined and amended in the Committee as the session
progressed. The Chair-Rapporteur noted that it was a basket of proposals to initiate
discussions on item 8. He recalled that he had sent an electronic notice to all regional
coordinators and all delegations via the Secretariat a week prior to the tenth session,
inviting written proposals from them with respect to item 8 on General Assembly resolution
73/262 and Human Rights Council 34/36 on criminalizing acts of a racist and xenophobic
nature.
79.
The Committee discussed the fact that the document was, at that stage, a compilation
of proposals introduced by delegations and regional groups thus far and that further
proposals were welcomed The Chair-Rapporteur encouraged delegations to consult the
Convention, the Council of Europe Convention on Cybercrime and other documents to find
suitable language and text for inclusion in the compilation draft. He encouraged delegations
to send additional contributions to the Secretariat for inclusion in the draft document.
80.
The representative of Mexico sought clarification, asking how negotiations could
proceed given that there was no consensus on the matter. She queried how the ChairRapporteur would guide the Committee to a consensus.
81.
The Chair-Rapporteur stated that consensus on the text of a draft document was
certainly the aim of the exercise, which was why he had invited inputs from all regional
groups and delegations. He added that through negotiations, the Committee would arrive at
a consensus. He recognized that there were differences, but that given the voting patterns of
the Human Rights Council and the General Assembly, these differences also existed
elsewhere. He restated that his aim was for the Committee to arrive at a consensus together.
82.
The representative of Angola stated that her delegation understood the concern of
the representative of Mexico; however the Human Rights Council and General Assembly
resolutions were clear in that they gave the Chair-Rapporteur the mandate, albeit by vote, to
commence negotiations at the tenth session on the draft additional protocol to the
Convention criminalizing acts of a racist and xenophobic nature.
83.
The Chair-Rapporteur encouraged a text-based discussion and the Committee
proceeded to consider the text of the document projected on the screen in the room. The
Chair-Rapporteur stated that as the discussions proceeded in the Committee, electronic
copies of the working text would be sent regularly to all regional coordinators for onward
distribution to their groups and that copies would also be made available in the room.
F.
Discussion of General Assembly resolution 73/262 and Human Rights
Council resolution 34/36, 11th, 12th, 13th and 14th meetings
84.
At the start of the Committee’s 11th meeting, the Chair-Rapporteur informed the
Committee that he had received a letter from the delegation of Pakistan also concerning the
presentation given by Mr. de Zayas, under agenda item 6. The Chair-Rapporteur read out
the contents of the letter to the Committee. He reiterated that the Committee would focus
on its mandate and work, and not on issues being dealt with in other parts of the United
Nations.
85.
The Committee resumed consideration of the draft in-session document under
agenda item 8 at its 11th meeting. The Chair-Rapporteur invited further additions and
proposals, to be submitted through the Secretariat. He stated that the Committee should
look to eliminate repetition in the document and any text which could not be considered as
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