A/HRC/28/81
should be dedicated to substantive gaps. In the view of OIC, it was time to look for a way
forward and to consider new forms of intolerance, including religious intolerance.
68.
The representative of Switzerland said that, in his view, positions were split between
those who defended the mandate without a clear idea of what the gaps were, and those who
reiterated that implementation was key and that the Convention did not need further
protocols. Switzerland had tried to identify areas where gaps could be identified; however,
it had been unable to do so. Consequently, Switzerland did not question the mandate, but
had doubts whether it could be fulfilled. A redrafting of the Convention was not an option,
since the substantive case for required new laws had not been made. The subject of
xenophobia had already been clarified two years ago and the tools to address that
phenomenon and others were in place. There was never one recipe that worked in all
situations and it was not a good idea to impose a tight prefabricated system on all States.
The main principles that would guide the fight against racism existed. It was now
essentially a question of implementation.
69.
The representative of the Bolivarian Republic of Venezuela reiterated his
delegation’s firm support for the mandate of the Ad Hoc Committee. The Committee had
been working for six years and had examined international standards and non-compliance
with those standards. The Durban Declaration and Programme of Action provided the
mandate to close any gaps concerning new forms of discrimination, and the Committee
should focus its work on that area. He supported the statements made by the representative
of South Africa on behalf of the African Group, and by the representative of Pakistan on
behalf of OIC, and urged more substantive work from the Committee. He was of the view
that the various presentations showed that there were new forms of racism, and the content
of those presentations would allow the Committee to draft new complementary standards to
the Convention. The mechanism had to be improved to cover new forms of racism,
xenophobia, hate speech and incitement to hatred, including towards migrants.
70.
The representative of Germany stressed that the Committee had to find a way
forward, and the ongoing exchange in the room was important. However, in the
representative’s view, one had to listen to the experts that were invited, who had all stressed
that there was no need for new standards to battle phenomena such as xenophobia.
Germany fully supported the European Union statement that there were no substantive gaps
in the Convention; however, countries had to improve their implementation of the
Convention. That was also the case in other human rights areas. It was not customary to
question automatically the underlying standards in those areas, but it was good practice to
focus on implementation. In that respect, the representative supported the representative of
Switzerland’s statement.
71.
The representative of Egypt stated that the very fact that the Ad Hoc Committee
existed showed the need for an update of the legal framework. It was necessary to identify
existing gaps in legislation and assess how they could be filled. The representative
supported the proposal made by the representative of Pakistan, on behalf of OIC,
concerning the elaboration of an additional protocol, as it would be an essential step by the
Committee.
72.
The representative of Indonesia noted that the question of implementation needed to
be addressed, as did the need for complementary standards. The idea of complementary
standards had been accepted when the Ad Hoc Committee had been established, and it
should not be contentious. On the substantive points, the representative supported the
statements made by the representative of Pakistan on behalf of OIC and by the
representative of Egypt. In Indonesia there was a real gap due to cross-border issues related
to incitement to hatred. Indonesia felt that perpetrators went unpunished but had a great
impact on the domestic situation in the country, which could lead to unrest. Consequently it
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