A/HRC/21/59
Standards to address the contemporary forms and manifestation of racism and racial
discrimination such as Xenophobia.
9.
The third perspective maintained that the ICERD was sufficient to address the
existing gaps.
B.
Issues emanating from the thematic discussion on xenophobia
10.
It was apparent that in the case of racism and racial discrimination, these pertain to
discrimination expressed against settled groups of persons who live in the same country and
constitute a racial group, a community of Indigenous people, minorities and others who
over a considerable period of time, have become settled communities subjected to
discrimination emanating from established structures, systems and patterns of treatment that
becomes virtually self-perpetuating in many forms, including structural discrimination.
These groups fall squarely within the categories of the victims as outlined in the DDPA.
11.
There is no normative definition of xenophobia in international human rights
instruments. However, Xenophobia is manifested as hostility, aggressiveness and even
hatred that is mainly directed at strangers and non-citizens who are usually newcomers and
who experience/are subjected to severe discrimination which arises from a latent or active
predisposition to racism which becomes a much harsher expression of attitudes and
behaviour, and even violence. It does have some factors or components that if not common
to, have features of racism but involve greater hostility, while some acts amount to virtual
intimidation with a message that those persons are not wanted in the host community and
that they should leave or face greater hostility and hatred. Thus in some of the acts they
actually convey a strong message of deep threat which is reinforced by actual actions
including violence. This amounts to a total behaviour pattern that emphasises the virtual
exclusion of those persons, who are subjected to abuse, discrimination and hatred targeted
at a specific group, including violence.
12.
It also emerged that there are underlying socio-economic factors, especially
conditions where there is relative deprivation, extreme poverty and unemployment, which
usually accompany the manifestation of Xenophobia, resulting in the violation of human
rights, in particular, the right to non-discrimination.
13.
There are various views about the definition of Xenophobia and some were of the
view that it required definition in order to allow for legal remedies for the victims, while
others were of the view that it should be dealt with within the broader context of racial
discrimination given its multifaceted nature, which requires a comprehensive response.
14.
There was agreement that whilst there is no definition of Xenophobia, the practice
by the Committee on the Elimination of Racial Discrimination (CERD) was to interpret
Xenophobia in both its narrow and wider meanings. It also emerged that while there were
different views on the definition of Xenophobia, the existence of the concept was generally
understood, and there is recognition that Xenophobia is on the increase and needed to be
counteracted with firm and effective measures, given its pervasiveness across the national,
regional and international levels.
15.
Furthermore, there was agreement that while the CERD may elaborate a General
Recommendation on Xenophobia, States Parties are under no obligation to implement such
a General Recommendation.
16.
The ICERD has also, not provided for permanent residents who do not or cannot
assume nationality (for example, States not allowing dual nationality), who continue to be
victims of Xenophobia while for all other purposes have assumed the same obligations as
nationals.
18
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