A/HRC/28/81
had become clear that there were substantive gaps when it came to transboundary
incitement to hatred based on religion.
73.
The representative of Morocco said that there was a clear reason for the existence of
the Ad Hoc Committee, and that the relevant resolutions and decisions and the Durban
Declaration and Programme of Action provided a firm legal basis. The discussion of
whether the Committee should exist should not proceed. The Durban Declaration and
Programme of Action had been adopted in 2001 and now, after 13 years, racism was still
alive, as many presentations had underlined. The Committee was not only compelled to
restrict racism but to eradicate it, and it could not stand idle. The Committee had held six
sessions and it was clear that large tasks lay before it. It needed to strengthen international
legislation, and the consensus was not to rewrite, but to refine, the Durban Declaration and
Programme of Action. In the view of Morocco, inaction meant that the Committee was not
fulfilling its mandate and was committing an “offence”. The Committee’s work was
necessary and could take several forms; it was up to the Committee to decide which one
would prevail.
74.
The representative of Tunisia expressed support for 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. The current international framework was inadequate because
there were new forms of racism, and political movements that ran on platforms that profited
from hatred against foreigners could be observed. No act of racism could be left
unpunished, and the international community needed to complete the legal arsenal. Victims
were often unwilling to report incidents or file charges, as the Committee had heard in the
presentations. Since the adoption of the Convention, racism had changed, surfacing
regularly in combination with discrimination on economic and religious grounds. Ongoing
economic crises exacerbated racial discrimination. Many other factors, such as religion,
were not addressed by the Convention. As noted by the representative of South Africa, the
Committee was not in a position to reinvent the legal norms, but needed to address racism
as it appeared today. In addition, the communication revolution had added a new factor.
75.
The representative of Pakistan clarified that OIC did not suggest that the drafting of
an optional protocol meant redrafting the Convention. However, a number of human rights
conventions had optional protocols. Consequently, he proposed that a substantive
discussion be held at the Ad Hoc Committee’s next session to consider actual substantive
gaps to be filled. The Committee had enough raw material from which to draw.
76.
The representative of Germany noted that, indeed, nothing prohibited countries from
taking action to fight racism. Once more, the central questions were whether the
Convention was being implemented and whether national instruments were being adapted
in accordance with international human rights norms.
77.
The representative of Switzerland reiterated that the Committee had been engaged in
debate for six sessions and had not yet identified any substantial gaps that were so urgent
that the Committee should elaborate complementary standards. However, in the view of
Switzerland, the Committee had one clear message: countries had to fight the phenomena
of racism. Switzerland doubted that any complementary standards would lead to any further
action. In addition, it had to be noted that most optional protocols concerned
communications and addressed clearly identified needs.
78.
The representative of Algeria stated that there was a clear need for standards and
that it was necessary to fill gaps that had been identified during prior sessions. The
Committee had heard repeated calls to improve implementation but there were clear limits
to the implementation of existing instruments. In the view of Algeria, it had emerged from
the general discussions that current instruments were not sufficient to address all forms of
discrimination.
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