A/HRC/28/81
should be invited to provide information on reservations and how they affect the
implementation of the Convention. The representative emphasized that the Convention was
a living document with 35 related general recommendations, which illustrated that there
were substantive gaps in the Convention. The Ad Hoc Committee should consider the
substantive gaps at its next session. It should also consider the core elements of the
procedural gaps to the Convention highlighted by the Committee on the Elimination of
Racial Discrimination with regard to monitoring and country visits; also, the Committee
should be asked to make a presentation on that issue at the next session of the Ad Hoc
Committee. The representative also suggested proposing that OHCHR be invited to make a
presentation at the seventh session of the Ad Hoc Committee on comparative analysis of
treaty body mechanisms and how the International Convention on the Elimination of All
Forms of Racial Discrimination procedures differed, so the gaps could be addressed.
93.
The representative of the European Union reiterated that the European Union was
committed to a discussion on potential gaps and to finding constructive ways to implement
what already existed to address racism. Since the establishment of the Ad Hoc Committee,
much progress had been made in the European Union at the national and regional levels,
and European Union legislation had been developed which in some cases went beyond the
United Nations framework. When the working methods of the Ad Hoc Committee had been
discussed, representatives of the European Union had emphasized the need to move
forward on the basis of facts, not aspirations. Future work on identifying any gaps must be
based on analysis and facts. Complementary standards did not need to be an optional
protocol or a new convention; they could also be new guidelines, best practices and general
recommendations of the Committee on the Elimination of Racial Discrimination. The
representative requested facts on substantive gaps that could not be addressed by the
Convention, stating that members of the Committee on the Elimination of Racial
Discrimination had repeatedly noted the Committee’s regret that States were not fulfilling
reporting and implementation obligations as they should.
94.
The Chairperson-Rapporteur concluded the meeting, noting that there were different
perceptions: that considering complementary standards involved looking at additional
protocols or conventions and that legal standards could be, inter alia, best practices and
guidelines. In presentations and reports, the Committee on the Elimination of Racial
Discrimination had asked countries to review their reservations, so there were clearly issues
concerning both reservations and reporting, areas that could improve enforcement of
Convention provisions. Another remaining consideration was that of interpretation or
judgement based on fact. States would not have to agree with a new legal standard, as they
had the prerogative to consider ratifying the instrument.
95.
The meeting was adjourned to allow regional coordinators to consider the proposals
made and in which areas conclusions and recommendations could be reached at the sixth
session, and to make proposals concerning the level of consensus and agreement.
IV.
Adoption of the report
96.
The Chairperson-Rapporteur opened the 15th meeting on the morning of 17
October. The meeting was adjourned to allow the Committee additional time to continue its
informal discussions, with a view to arriving at agreement.
97.
The meeting was resumed later that afternoon. Further to the informal discussions,
the Ad Hoc Committee agreed that the following topics would be discussed at the seventh
session of the Committee:
(a)
18
Issues related to the implementation of the Convention:
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