A/HRC/31/74
process and that some of its outcomes had addressed some problems associated with
reporting to the Committee on the Elimination of Racial Discrimination. Focus should be
placed on improving implementation of existing obligations and standards, rather than
creating new procedural obligations. He recalled the existing individual communications
procedure, under article 14 of the Convention. He said that several special procedure
mandate holders working on the issues were already undertaking country visits, such as the
Working Group of Experts on People of African Descent, the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance,
the Independent Expert on minority issues and the activities planned as part of the
International Decade for People of African Descent. His delegation was not convinced that
country visits would be a good way to use the Ad Hoc Committee’s time, expertise and
resources. Regarding national mechanisms, he stated that countries were already free to set
them up. With regard to substantive gaps, an additional optional protocol could damage the
core treaty by diluting the focus of Member States, overburdening the Committee on the
Elimination of Racial Discrimination with new issues and undermining its current scope by
implying that some issues are not addressed by it. He recalled the discussions on forms of
complementary standards that were not binding, such as best-practice documents and
additional guidelines in the area, which could be valuable and useful in the important fight
against racism. He stated that the Ad Hoc Committee could move forward to develop such
non-binding documents.
31.
The representative of the European Union made some preliminary observations and
recalled that the presentations by the Committee on the Elimination of Racial
Discrimination confirmed that the substantive provisions of the Convention were sufficient
to cover contemporary issues. The European Union stressed the importance of optimizing
the existing monitoring procedures of the Committee, namely, through the urgent action
procedure and full reporting obligations. A new procedure held the risk of duplication and
overlap between the Human Rights Council mechanisms and the work of OHCHR.
I.
Questionnaire conducted pursuant to paragraph 4 of Human Rights
Council resolution 21/30
32.
At the 13th meeting, on 22 July, the Chair-Rapporteur referred to two documents
distributed to delegations at several previous sessions of the Ad Hoc Committee and by email to regional coordinators prior to the seventh session. The documents were entitled
“Resumed third session of the Ad Hoc Committee on the Elaboration of Complementary
Standards — list of topics discussed in the second session” and “Fifth session of the Ad
Hoc Committee on the Elaboration of Complementary Standards — list of topics contained
in A/HRC/18/36: report of the Ad Hoc Committee on the Elaboration of Complementary
Standards on its third session”.
33.
The documents were distributed once again at the 13th meeting, at which the ChairRapporteur reiterated the list of topics discussed as items on the programme of work at the
previous sessions, indicating that the topic of xenophobia and the topic of racism and sport
had been discussed at three sessions, and national mechanisms and procedural gaps with
regard to the Convention had been considered at four sessions. In addition to the list, he
recalled that, during the fifth session, the Committee had decided that it was important to
discuss prevention/awareness-raising and affirmative action/special measures, and those
topics had also been discussed at the sixth session as part of its programme of work. He
indicated that the Committee should make use of the lists in consideration of topics for
future sessions and in determining how to move forward with its work. The discussions at
the 13th meeting took place on the basis of the documents.
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