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to combat racism racial discrimination xenophobia and related intolerance. Another new
development was the enactment of a policy framework on combatting on and offline
discrimination. Such framework should close all existing gaps in the national framework.
87.
The representative of Angola on behalf of the African Group said that the thematic
discussions should contribute to identifying complementary standards. The discussion
could focus to a larger degree on xenophobia. The discussion on national developments
should, among covering other issues, identify those situations where antiterrorist measures
had increased racism. Further studies on the subject of racism, racial discrimination,
xenophobia and related intolerance should apply an intersectional approach. Legislation,
the delegate continued, was important when it came to incitement to hate and hate speech.
Angola, the delegate noted on behalf of her delegation, would ratify the ICERD as during
the 1960s Angola was still a colony and could not ratify it then.
88.
At the seventh meeting on 11 April, the Ad Hoc Committee continued its
consideration of agenda item 6. Mr. Alfred de Zayas, Human Rights Expert and Lecturer in
international law at the Geneva School of Diplomacy, was invited to give a presentation on
the topic of comprehensive anti-discrimination legislation.
89.
Mr. de Zayas commenced by indicating that his presentation would focus on victims
of racial discrimination, notably minorities and indigenous peoples. He stated that as a
former United Nations Independent Expert on the promotion of a democratic and equitable
international order, he regularly received information concerning the discrimination against
indigenous populations in North and South America. He noted that he had also received
information on killings and intimidation by para-militaries. In addition, he received
documentation on the lack of investigation of crimes by governments and the prevailing
impunity concerning land theft in certain countries. He stated that he had learned about a
large number of cases of racial discrimination and killings of members of minorities and
indigenous persons, primarily in connection with the defence of their ancestral lands against
the extracting industries Mr. de Zayas highlighted the systematic discrimination of
indigenous peoples in several countries, and also noted that between the two world wars
there was widespread discrimination against minorities in Europe. There was discrimination
against minorities in many parts of the world. He noted that the issue of racial
discrimination directed against minorities and indigenous people was linked to the right of
self-determination. He stated that those victims suffered racial discrimination and deserved
the same attention as other victims of gross violations of human rights, but they were left
behind.
90.
With regard to complementary standards, Mr. de Zayas noted his reservations about
adopting complementary standards to the Convention on the Elimination of all Forms of
Racial Discrimination, because by implication it would mean that the Convention did not
cover those issues. In his view, a plan of action accompanied by the creation of mechanisms
and procedures to implement the provisions of the existing Convention was more urgent.
91.
Professor de Zayas also said that article 15 procedure should be used to advance
indigenous claims. Petitions directed to CERD Committee should be transmitted to the
General Assembly’s Committee of 24, the Decolonization Committee, because indigenous
peoples were denied effective remedies. Whereas refugees had their Convention as do
migrants, indigenous only had a “Declaration on the rights of Indigenous peoples”, that was
only “soft law” largely ignored by States, while the land-grabbing, exploitation and
systematic discrimination of indigenous peoples continued.
92.
The representative of the non-governmental organization the Indigenous Peoples and
Nations Coalition welcomed the presentation of Mr. de Zayas. He suggested that the Ad
Hoc Committee could recommend that indigenous people should be allowed to transmit
petitions. In his view, such a recommendation would be compatible with the mandate of the
Ad Hoc Committee. The denial of justice to indigenous peoples in North and South
America was based on the notion of superiority. He stated that many resolutions were
adopted with a focus on other regions but earlier efforts to bring forward the issue had been
blocked. He said that it was only the lack of political will and the fear of States that was
blocking the Ad Hoc Committee from moving forward to make such a recommendation
The delegate asked the Committee to overcome those obstacles.
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