A/HRC/28/81 79. The representative of Tunisia added that work on a draft protocol did not prevent countries from implementing the Convention. The existing gaps, however, had to be addressed, and xenophobia and racial profiling were such gaps. The representative expressed optimism that the Ad Hoc Committee could progress and noted that countries were in no way hindered by the work of the Committee from taking action at the national level. 80. The representative of the African Union said that the creation of a rule was just a first step towards its implementation, as a rule might not gain universal acceptance. States could always decide if they wished to become party to a treaty. 81. The Chairperson-Rapporteur summarized the discussion and noted that differences of opinion still remained. It appeared that delegations had not considered the presented evidence but had adhered to their original policy positions. 82. The Durban Declaration and Programme of Action had been adopted by consensus and there had been no objections to the document at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban in 2001. States that had participated in that decision should maintain an element of goodwill, such as had existed at that time. 83. The Ad Hoc Committee had had a large number of meetings due to the ensuing differences and divisions between some groups of countries. One group insisted there was no need for a new law, but that it was preferable to focus on better implementation. Another view was that one could aim at better implementation but that was not enough. A protocol that dealt with new phenomena, that group insisted, was needed. 84. The Chairperson-Rapporteur underlined that, according to various statements, racism had been on the rise in many forums, sectors and regions. As explained during the session, racism in certain sectors, such as in football, was marked and there was already a debate within the International Federation of Associations of Football (FIFA) and other federations on how to address that issue. 85. The Chairperson-Rapporteur expressed reluctance to continue with a perpetual stalemate and asked delegations to consider the way forward in order to identify a solution before the end of the session. He adjourned the formal meeting and the Ad Hoc Committee proceeded with an informal meeting of regional coordinators and interested delegations. G. Procedural gaps with regard to the International Convention on the Elimination of All Forms of Racial Discrimination 86. At the 13th meeting, Anwar Kemal, a member of the Committee on the Elimination of Racial Discrimination, made a presentation on “Procedural gaps with regard to the International Convention on the Elimination of All Forms of Racial Discrimination”. For a summary of the presentation and the discussion that followed, see annex I, section E. H. General discussion and exchange of views, 14th meeting 87. At the 14th meeting, the Ad Hoc Committee held another general discussion and exchange of views. The Chairperson-Rapporteur recalled the need to consider what was to be done with the list of new topics and what steps should be taken with regard to the questionnaire. 88. The representative of the United States addressed the issue of reservations to the Convention, and the purpose of the Ad Hoc Committee and its future work. With regard to 16

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