A/HRC/21/59
new and had not been formulated by Member States, but by academic experts, investigators
etc. Cuba could not agree with proposals intended to increase the monitoring of States and
also questioned the availability of resources for such new procedures.
52.
The delegate of the Russian Federation asked what kind of stakeholders would be
involved in the proposed evaluation visits: would they be limited to State authorities or
would there be interaction with other stakeholders such as NGOs and victims? The same
question was raised about the proposed follow-up visits. He asked if this would change the
procedure whereby States were required to answer requests within one year.
53.
With regard to country visits, Mr. Avtonomov stated that they could not be similar
to the individual complaints procedure as they were different in nature. The country visits
might be akin to fact-finding missions to collect information and for this purpose the
meetings should be held with a variety of stakeholders including State authorities, NGOs
and victims. The follow-up visits would be based on the recommendations of the
Committee on the Elimination of Racial Discrimination and therefore the focus would be
on State institutions, as they were charged with implementation. However, there might also
be the possibility of meetings with some NGOs.
54.
Pakistan, on behalf of the Organisation of Islamic Cooperation, emphasized the need
for a definition of xenophobia, as State parties had a series of interpretations. The
Committee on the Elimination of Racial Discrimination would also have a problem taking a
universal and consistent approach as it might take into consideration xenophobia for one
periodic report but not for another one.
55.
The delegate of South Africa inquired about how the suggested follow-up visits
might build the capacities of States to produce periodic reports. She asked whether the
proposed inquiry procedure would replace the reporting obligation, about complementarity
with special procedures, and about the criteria for such visits.
56.
Italy said that the implementation of the International Convention on the Elimination
of All Forms of Racial Discrimination was extremely important. He questioned the
envisaged six-month time period and also asked for clarification on whether the summary
account from the State Party would be included in the report to the General Assembly.
57.
In response to a question from Pakistan on behalf of the Organisation of Islamic
Cooperation, Mr. Avtonomov said that the Committee on the Elimination of Racial
Discrimination had been addressing the issues of profiling and stereotyping – often
condemning both of these in the concluding observations. If the definitions of xenophobia,
profiling, stereotyping were included in the Convention, the Committee would work with
these definitions and respond to new challenges. In his opinion, the members of the
Committee were not absolutely against the introduction of a new definition; but rather,
considered that the focus should be on procedural gaps to strengthen their work. He added
that he could not recall a case of xenophobia which had not been addressed by the
Committee, as it always included one or more grounds under article 1 of the Convention.
58.
At the 14th meeting, on 18 April, the Chairperson-Rapporteur invited the
participants to commence a general discussion and exchange of views on the topic of
―Establishment, designation or maintaining of national mechanisms with competences to
protect against and prevent all forms and manifestations of racism, racial discrimination,
xenophobia and related intolerance‖.
59.
The European Union stated that national mechanisms were important in ensuring a
victim-centred approach and in focusing on remedies as well as on prevention of
discrimination. National mechanisms could help ensure effective protection and remedies to
victims of discrimination by providing legal assistance to victims during judicial
proceedings, and where they were vested with quasi-judicial functions they could
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