A/HRC/28/81
48.
Mr. Vazquez expressed his agreement at the preventative, as well as corrective,
function of special measures. He explained that the Committee considers that CERD is
flexible enough to address any gaps in the international framework, and therefore a new
instrument on standard on special measures, was not really needed. The Convention was
detailed enough in its provisions for special measures and the Committee has developed
further guidance through General Recommendation 32, which is sufficient. Special
measures are context specific and it is difficult to provide more detailed guidance than that
provided in General Recommendation 32. The CERD could, if required, revisit the
recommendation to add further details in the future.
49.
In his personal view, a survey of the special measures undertaken by states around
the world could be interesting. He stated that a significant number of States had taken
special measures in different contexts such as in the area of employment, election to
political office etc., adding that it was inaccurate to state that few States had implemented
them. Although States report to CERD on special measures, due to word limit of the
periodic report it was not possible to provide a lot of detail on special measures taken.
Information about the type, context and nature of measures, would allow the Committee to
analyse and compile best practices and provide States with further guidance on what
available options and novel approaches which had not occurred to them.
50.
The delegate of Mexico recalled that legislative measures were undertaken as part of
national reforms in June 2014, including exclusion, inclusion and positive measures. The
measures addressed physical access and communication barriers, and awareness-raising
activities and training. Mexico is also taking steps to remove barriers through the
distribution of documents in indigenous languages, and there is a policy to combat
discrimination such as in the area of homophobia. Special temporary measures have been
introduced for groups that face discrimination, particularly people of African descent and
indigenous peoples. National councils to prevent discrimination are tasked with gathering
information about the work of different institutions in this area.
51.
The European Union underlined that ICERD is an important instrument and it
reiterated its concern at delays in reporting under the Convention. The delegate inquired
about how many states have recognized the communications procedure of CERD under
article 14, and inquired whether any new General Recommendations were planned by
CERD.
52.
Mr. Vazquez appreciated the information provided about the new legislation in
Mexico and the areas where action was being taken to ensure disadvantaged communities
are not left behind. With regard to inclusion measures, he distinguished between permanent
rights held by groups and special temporary measures. He added that special measures are
dealt with by other committees and other conventions, and in those contexts special
measures may take different forms.
53.
In response to the EU, he noted that reporting in some cases is delayed and measures
are being taken to address this. Regarding the number of States which have opted into the
communications procedure there are approximately 55 states, which is a third of States
parties and he encouraged more States to join. General Recommendation 35 on combatting
racial hate speech was adopted and released in August 2013. During the April session in
2015, CERD will consider new topics for General Recommendations. CERD is in the
process of looking at working methods with an aim to harmonize these with those of other
treaty bodies and one of the areas to be harmonized concerns the adoption of General
Recommendations.
54.
Mexico provided clarification on its previous intervention regarding law reform and
special measures. Only the last measure mentioned in her intervention is a temporary
special measure.
33
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