A/HRC/21/59 Annexes Annex I [English only] Summary of the Chairperson-Rapporteur: H.E. Abdul Samad Minty, Permanent Representative of the Republic of South Africa A. Introductory/opening remarks 1. The meeting was opened by the Chairperson-Rapporteur in which he expressed an apology for being unable to fulfil the pledge to consult on the two topics before the Committee, and for being unable to avail South Africa‘s input on the issue of Xenophobia in a timely manner, where after he submitted a programme of work. 2. In the meeting, concerns were expressed by some delegations about the failure to meet commitments undertaken during the Third Session of the Ad Hoc Committee, and the resulting inadequate preparations for the 4th Session, including the lack of transparency in preparing the programme of work, which in their view, was unbalanced. 3. Other delegations expressed concern at the manner in which agreement on the programme of work was delayed, which according to them also included threats to delay the proceedings in the Ad Hoc Committee. 4. The Chairperson-Rapporteur reminded the Committee that South Africa had accepted to chair the Ad Hoc Committee on an interim basis as indicated in the report of the Third Session, and urged that a permanent chair be found as South Africa is inundated with other responsibilities elsewhere. He also informed that Ambassador January-Bardill would be presenting a paper on the South African experience on Xenophobia. 5. Furthermore, the Chairperson-Rapporteur thanked Member States and the UN Secretariat for ensuring that panellists were available for the current session, which would afford the Committee an opportunity to reflect on and understand the issues raised in previous reports, as well as the link between the mandate of the Committee and paragraph 199 of the Durban Declaration and Programme of Action. The Chairperson-Rapporteur also reminded that other topics would still be considered by the Committee. 6. On the substantive issues, it was already apparent that there were divergent views on the need to elaborate Complementary Standards to address the emerging/contemporary forms/manifestations of racism and racial discrimination such as xenophobia. 7. There was a perspective that argued for the need to focus on addressing contemporary forms and manifestations of racism, such as xenophobia, which have not been provided for in existing international human rights law instruments, in particular, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). In this regard, a need to elaborate an international legal and conceptual framework was expressed. 8. There was also, a contrasting perspective that sought proof of the ineffectiveness of the non-discrimination provisions within the existing international human rights instruments, as a basis to determine the need to elaborate Complementary International 17