A/HRC/21/59 29. Egypt stated that while it agreed that there was no conclusive definition of xenophobia emanating from the presentations, all presenters confirmed that it was the role of the Member States to undertake a definitional exercise. It was not the case that experts had noted gaps; rather, they were reluctant to state whether international standards should be drawn up. He asked why, if there was no need for complementary standards, xenophobia was on the rise? The general comments of the Committee on the Elimination of Racial Discrimination were not sufficient as they concerned existing international law, not new phenomena such as xenophobia. The delegate welcomed the preparation of a matrix containing the different definitions of xenophobia as presented by the experts, and as contained in relevant paragraphs of the Durban Declaration and Programme of Action and the Durban Review Conference outcome document. 30. Senegal, speaking on behalf of the African Group, emphasized that Human Rights Council decision 3/103 was clear about the mandate of the Ad Hoc Committee, that the reopening of the discussion was not valid and that legal instruments should be based on the International Convention on the Elimination of All Forms of Racial Discrimination and the Durban Declaration and Programme of Action. He highlighted the need for definitions from a legal point of view—in this regard he noted that the Durban Declaration and Programme of Action recommended the strengthening of the Convention, which did not contain a reference to xenophobia; therefore there was a need for definition to know what xenophobia was and to ensure consistency. In this way there would be transparency and legal stability for the benefit of the victims. Combating impunity and a victim-centred approach was the only path to be adopted. The Ad Hoc Committee should seek national prevention and punishment, ensuring access to justice by victims; strengthening the mechanisms or equivalent bodies against xenophobia; and organizing awareness-raising campaigns. 31. The delegate of Austria stated that xenophobia was a worldwide problem. He also noted the need for a victim-centred approach. In this regard it was important to know what the needs of the victims were and how they could be assisted in reality. The delegate emphasized that there was a lack of implementation of the existing mechanisms. There were so many recommendations by the special rapporteurs and the question was how to enhance implementation. He was in favour of a broader definition of xenophobia which included other grounds of discrimination. 32. The delegate of Brazil commended the approach used for this session of the Ad Hoc Committee, with experts‘ presentations, and invited the Chairperson-Rapporteur to use the same approach in future sessions. She outlined some conclusions to serve as the basis for future discussions on xenophobia: a victim-oriented approach was key; governments should be encouraged to ratify international instruments; and use should be made of the 2007 study by the Committee on the Elimination of Racial Discrimination on procedural gaps. 33. The delegate of Liechtenstein pointed out the growing consensus within the Ad Hoc Committee on adoption of a victim-centred approach; therefore, it should be ensured that the Committee did not weaken what already existed. He noted a clear risk to the existing framework of the International Convention on the Elimination of All Forms of Racial Discrimination, which might be weakened since the Committee on the Elimination of Racial Discrimination had addressed xenophobia and the respective States had been accepting these recommendations. These recommendations could be undermined by a possible new international definition of xenophobia. 34. Pakistan, on behalf of the Organisation of Islamic Cooperation, emphasized that the Ad Hoc Committee should acknowledge that xenophobic speech and acts were an affront to victims and prompt action by the international community was required. He also asked why xenophobia had been increasing, if there were in fact, no gaps. He pointed out that legal and administrative measures would resolve the problem with greater efficiency. The absence of a definition hampered coordinated efforts at the international level and meant that a series 7

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