A/HRC/31/74
34.
Belgium inquired about the challenge of follow-up, and the implementation of
CERD recommendations, to which the representative of the United States said that the
same interagency process led by the White House that served the preparation of the session
was also used for the implementation of the recommendations. He also noted the overlaps
in the United Nations human rights reporting cycle, and agreed that the focus of the process
must be on implementation and changing the situation on the ground. The Norwegian
representative added that its various reports were on time and outlined a decentralized
reporting process lead by the Ministry of Foreign Affairs. For Norway, the Universal
Periodic Review process was beneficial to its CERD and other treaty body reporting
preparation through awareness-raising and the collection of information. Belgium also
inquired about the role of parliaments and parliamentarians in CERD reporting process.
Given the separation of powers between Congress and the Executive Branch of government
in the United States, there was no explicit role for parliamentarians. Nevertheless, the State
Department has reported to Congress on the outcomes of the treaty body presentations and
its related consultations with civil society. Norway replied as well that there was no
participation by the Norwegian parliament in the treaty body preparations or the review.
35.
The representative of South Africa asked the representatives of Norway and the
United States of America if those national approaches had also resulted in more regular
reporting and about how state and local members of the delegations were chosen.
36.
The United States noted that its approach was generally successful, though not
perfect, in improving and that White House involvement and leadership was very important
to this success. He added that timelines were clearer and that preparations commenced well
in advance of reviews. Addressing the question on the selection of delegates, the
representative noted that the United States considered inter alia current issues as well as
areas of interest raised by the Committee.
37.
At its 6th meeting, on 15 July, the Ad Hoc Committee continued its consideration of
item 5 of the programme of work on “Issues, challenges and best practices pertaining to
reporting under the Convention”. At this meeting, the Deputy Permanent Representative of
South Africa presented a briefing to the Committee in view of South Africa’s experience.
As South Africa was a microcosm of the world, racism still existed in South Africa and it
would take strong mobilisation and a programme of “de-racialisation” of society to
eradicate racism. She also noted that South Africa had made great strides in dismantling the
structures that had legalised racial discrimination. The Government continued to allocate
substantial resources towards the creation of a non-racist State. All legislation that provided
for racial discrimination had been repealed and new statutes had been adopted to provide a
framework for racial equality, and elaborated on the legal framework that ensured equal
treatment in South Africa.
38.
The Deputy Permanent Representative noted that several avenues existed in South
Africa through which one could claim redress for acts of racial discrimination. Equality
Courts were designed to deal with any complaint alleging unfair discrimination, publication
of information that unfairly discriminates, harassment and hate speech. Aside from the
Equality Courts, one could also bring a claim to the South African Human Rights
Commission. Non-state actors had also shown their willingness to assist in the enforcement
of rights. An example was Lawyers for Human Rights, a non-governmental organization,
which offered legal assistance in South Africa.
39.
Article 4 of ICERD required that States Parties criminalize racism and social
discrimination. In South Africa the prohibition of racial hatred was based on the
Constitution, although the Constitution also guaranteed freedom of expression, the
formulation made it clear that incitement that could because harm was excluded from the
ambit of this right.
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