AdHocCmteOnCompStds

7/31/2019 AdHocCmteOnCompStds

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Ad Hoc Committee on Complementary Standards

d Hoc Committee on Complementary Standards

What does that title tell us? Only that a special purpose committee was instituted. "Complementaryandards" tells us nothing about its purpose. Complementary to what? What standards might themmittee complete?

We have only a high sounding title, for a committee instituted by men with lofty titles and loworals: the United Nations Human Rights Council.s. Navanethem Pillay, United Nations High Commissioner for Human Rights has a hint for us.

An additional mechanism, the Ad Hoc Committee on Complementary Standardswas created by the Human Rights Council in 2006 to fill gaps in CERD , and toprovide new normative standards aimed at combating all forms of contemporaryaspects of racism.

They are talking about adding a protocol to the International Convention for the Elimination of Racialscrimination. The protocol would be enforceable international law, binding on the signatories. Youobably overlooked some key words.

q contemporary aspects of racism.

hat the Hell does that mean? It does not mean hating people because of their skin color,ysiognomy or supposed inferior culture.

q Racism, "direct " and "indirect" racial discrimination, "xenophobia", Islamophobia, Anti-Semitism , Christianophobia, racial, ethnic and religious profiling, hate crimes

he following quote is from Preliminary document of the African Regional Conference eparatory to the Durban Review Conference [Emphasis added.]

4. Emphasizes the urgent need to address the scourges of anti-Semitism,Christianophobia, and Islamophobia as contemporary forms of racism as wellas racial and violent movements based on racism and discriminatory ideasdirected at African, Arab, Christian, Jewish, Muslim and other communities;

Islamophobia implies irrational fear and loathing. Considering Islam's historical record of 270*10nocent victims, there is nothing irrational about fearing or loathing Islam.
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Ad Hoc Committee on Complementary Standards

Islam is a war cult, not a race. It was contrived by an Arab, but it has enslaved people of several races,d due to their large population base and high rate of reproduction, Asian Muslims now outnumberab Muslims.

The next post in this series will examine the suggestions submitted to the committee by The Islamicepublic of Iran.


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Ad Hoc Cmte: Non-Paper

n December 5, 2008, there was issued, on the letterhead of the High Commissioner For Humanghts, by Ambassador Idriss Jazairy, President of the Ad Hoc Committee on Complementaryandards, a " Non-Paper Paper " and a cover letter explaining its purpose. [Emphasis & links addedue to the use of OCR to extract quotes from scanned document images, there will be some spelling

rors and a few Anglicized words will be Americanized. ]

The purpose of this "Non paper" is to stimulate a constructive debate on thecontent and the framework of major areas of vulnerability which for reasons ofsubstance and/or of procedure suffer from protection gaps. Some of these areasare related to the contemporary manifestations of racism, ~ racial discrimination,xenophobia and related intolerance .The purpose of this "Non-paper" is also toinvite concrete responses and recommendations based on its content.

The Ambassador set forth the Non Paper's terms of reference.

q Paragraph 199 of the Durban Declaration and Programme of Action thatrecommended to the Commission on Human Rights, now replaced by theHuman Rights Council, to elaborate complementary intenational standardsaimed at strengthening and updating international instruments against allforms of racism , racial discrimination, xenophobia and relatedintolerance.

q Decision 3/IO3 of the Human Rights Council that decides, in pursuanceof decision and instruction of the 2001 World Conference against Racism,Racial Discrimination, Xenophobia and Related Intolerance to establish anAd Hoc Committee of the Human Rights Council with the mandate toelaborate, as a matter of priority and necessity, complementary standardsin the form of either a convention or additional protocol (s) to theInternational Convention on the Elimination of All Forms of Racism, racialDiscrimination, Xenophobia and related Intolerance that will ill the existinggaps in the Convention and also provide new normative texts aimed atcombating all forms of contemporary racism, including incitement to racialand religious hatred.

q Resolution 6/21 of the Human Rights Council on the elaboration of newinternational complementary standards to the International Convention onthe Elimination of All Forms of Racial Discrimination.

he following listed phrases are critical because they are encoded to conceal the true intentions of themmittee.

q all forms of racismq related intolerance
http://www.eyeontheun.org/assets/attachments/documents/7750.pdfhttp://www.unhchr.ch/pdf/Durban.pdfhttp://daccessdds.un.org/doc/UNDOC/GEN/G07/122/05/PDF/G0712205.pdf?OpenElementhttp://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_6_21.pdfhttp://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_6_21.pdfhttp://daccessdds.un.org/doc/UNDOC/GEN/G07/122/05/PDF/G0712205.pdf?OpenElementhttp://www.unhchr.ch/pdf/Durban.pdfhttp://www.eyeontheun.org/assets/attachments/documents/7750.pdf


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q incitement to racial and religious hatred

e must always bear in mind how the United Nations twist the English language!!! The following quotefrom Preliminary document of the African Regional Conference Preparatory to the Durban eview Conference [Emphasis added.]

4. Emphasizes the urgent need to address the scourges of anti-Semitism,Christianophobia, and Islamophobia as contemporary forms of racism as wellas racial and violent movements based on racism and discriminatory ideasdirected at African, Arab, Christian, Jewish, Muslim and other communities;

amophobia = racism!!!

The Ambassador directed the member states to keep in mind::

all views expressed and contributions made within the framework of the follow-upmechanisms of the Durban Declaration and Programme of Action, including:

q The survey of the five experts on the nature and the scope of substantivegaps, with regard to issues of content in the existing internationalinstruments to combat racism, racial discrimination, xenophobia andrelated intolerance (A/HRC/4/W G.3/ 6) ;

q The document of the Committee on the Elimination of racial discriminationon possible measures to strengthen the implementation of the final

observations by adopting new recommendations by updating its monitoringprocedures (All-IRC/4/WG.3/7)q The responses provided by the Committee ou the Elimination of racial

discrimination to the questionnaire by the UN High Commissioner forHuman Rights pursuant to decision PC.1/ 10 of the Preparatory Committeeof the Durban Review Conference (A/CON'F.2l1/PC.2/CRP.5) including therelevant points of view made by the Members ofthe Committee on behalfofthe latter; ~

q The Report of the 5 th session of the Intergovernmental Working Group on

the Effective implementation of the Durban Conference and Prcgrarnmc ofAction ( A/HCR/6/10 ) and all relevant recommendations and conclusionsadopted by this Group since its creation, particularly those contained indocument(AH.CR/AC.!/I/CRP.2);

q The discussions that took place during the first session of the Ad hocCommittee on complementary standards, held from 18 to 2l February 2008.

The Ambassador lists the following revelations from the two previous sessions.
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q There is global collective agreement and commitment expressed during the 2001World Conference against racism on the principle of claborating internationalcomplementary standards to strengthen and update the international instrumentsagainst all forms of racism , racial discrimination, xenophobia and relatedintolerance (para 199 of the Durban Programme of Action);

q However, no consensus was reached on how the specific form of/manner of givingconcrete expression to this commiuncnt in priciple;

q We must also bear in mind the ensuing debate on the links between articles 19 and20 of the International Covenant on civil and political rights and the expertmeeting of 2 and 3 October 2008, whereafter it was reiterated that thefundamental right of freedom of expression is compatible with the prohibitionof any call for national, racial or religious hatred which constitutes incitementto discrimination, hostility and violence;

q It is thus imperative to reach the largest possible agreement, through the Ad hocCommittee on complementary standards, on concrete ways and means toimplement the commitment in principle made: during the 2001 World

Conference against racism .q The approach suggested to achieve this goal is to stimulate, in a positive and

inclusive spirit, concrete proposals on the fields and themes laid out in the "Nonpaper" for which complementary standardized provisions or other measuresdesigned to fill protection gaps, are necessary.

Of course, the revelations repeat certain code phrases.

q all forms of racismq related intolerance

Next, we encounter a reference to ICCPR.

q the fundamental right of freedom of expression is compatible with the prohibition of anycall for national, racial or religious hatred which constitutes incitement to discrimination,hostility and violence

uslims, liars, lawyers & U.N. bureaucrats do not use words the way normal people do. " call fortional, racial or religious hatred which constitutes incitement to discrimination, hostility andolence" means any criticism of Islam, specifically the Danish Cartoons & Fitna . In this context, it isserted that censorship of criticism of Islam does not interfere with freedom of expression.

The Non-Paper begins with a listing of its Purpose, scope and parameters:

q Implementing paragraph 199 of the Programme of Action of the WorldConference against racism, racial discrimination, xenophobia and relatedintolerance , in which the Conference "Rec0Recommends that the


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Commission on Human Rights prepare complementary internationalstandards

q to strengthen and update international instruments against racism, racialdiscrimination, xenophobia and related intolerance in all their aspects", aswell as the relevant Human Rights Council resolutions, in particulardecision 3/103 .

q The need to enhance efforts to counter contemporary and emergingforms of manifestations of racism , racial discrimination, xenophobia andrelated intolerance .

q The need to strengthen the monitoring procedures of the Committee on theElimination of Racial Discrimination with a view to enable it to undertakethe responsibilities entrusted to it in a more effective manner.

q The need to address double or multiple discrimination a continuing sourceof concern, as it affects certain individuals and groups, in particular gender-related racial discrimination and double discrimination on the grounds ofrace and religion.

q The imperative to ensure that measures to combat terrorism respect thefundamental principles and the universally recognized standards ofinternational law, international human rights law and internationalhumanitarian Law.

q The urgency of addressing racial profiling and eliminating it as apervasive form of discrimination.

q The need for uniform and consistent application of the law at the nationaland international levels to ensure the effectiveness of international effortsto counter racism and racial discrimination.

q The need to recognize that The prohibition of the dissemination of allideas based upon racial superiority or hatred and the prohibition ofincitement to national, racial - or religious hatred are compatible withthe freedom of opinion and expression.

q The principle of regarding provocative portrayals of objects of religiousveneration as a malicious violation of the spirit of tolerance whichmust also be a feature of democratic society.

q The need to re-emphasize that the prohibition of publication of materialwith the aim of protecting the rights of others and against seriously or

gratuitously offensive attacks on matters regarded as sacred by thefollowers of any religion is a legitimate State objective.q The need for national and international law to provide adequate legal

responses to propaganda of a racist and xenophobia nature committedthrough computer systems.

q The need to follow the growing trend in many States to include, in theircriminal I legislation, offenses in which religious motives are an aggravatingfactor.


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nce again, the code phrases rear their ugly heads.

q related intolerance = Islamophobia = any criticism of Islam.q contemporary and emerging forms of manifestations of racism = Islamophobia = a

criticism of Islam.q measures to combat terrorism respect the fundamental principles and the

universally recognized standards of intemational law, international human rightslaw and international humanitarian Law. This is a direct attack on surveillance of youngMuslim males, such as the "magnificent 19" and other perpetrators of mass casualty attacks.Suspicion of Muslims = "racial profiling":.

q racial profilingq The need to recognize that The prohibition of the dissemination of all ideas based

upon racial superiority or hatred and the prohibition of incitement to national,racial - or religious hatred are compatible with the freedom of opinion andexpression. A repetition of the egregious attack upon free speech. The reference is to theDanish Cartoons and Fitna.

q provocative portrayals of objects of religious veneration as a malicious violationof the spirit of tolerance This is another reference to the Danish Cartoons.

q The need to re-emphasize that the prohibition of publication of material with the aimof protecting the rights of others and against seriously or gratuitously offensiveattacks on matters regarded as sacred by the followers of any religion is alegitimate State objective. Refer to the quotes from Reliance of the Traveller in the initialpost of this series.

q propaganda of a racist and xenophobia nature committed through computersystems. This is an attack upon blog posts and web sites which expose Islam's damnable

doctrines.

Eight specific themes are listed, here is #3.

3- Terrorism, racial discrimination and racial profiling:

a. A definition of racial profiling, prioritizing human rights protection, could beelaborated and agreed upon.

b. States must ensure that measures to combat terrorism do not discriminate,in purpose or effect on grounds of race, colour, descent or national orethnic origin, as well as on religious grounds, bearing in mind in this contextthe intersectionality between racial and religious discrimination.

c. Profiling based on stereotypes founded on grounds of discriminationprohibited by international law, including on racial, ethnic and/or religiousgrounds must be prohibited by law.

Who practices terrorism? Are the majority of terror attacks perpetrated by little old ladies from


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eland? Terrorism is an intrinsic sacrament of Islam, established as such by 3:151 ,12 ,39,57 ,60 ,65 ,67 , 9:5 ,29 ,38 , 39 ,111 ,120 ,123 , 33:26 ,27 , 47:4 ,49:15 , 59:2 ,13 , 61:10-1 3; Sahihukhari 1.7.331 & 4.52.220 . . When you hear hoof beats, they probably come from horses, not fromicorns. Profiling according to current trends in the identity of perpetrators is common sense. Islam isting through the UN to disarm us.

The fifth listed theme gets down to detail.

5- Incitement to racial, national and religious hatred

a. There is a need for further clarifying and reinforcing at the internationallevel existing obligations on the eradication of all incitement to hatred and' discrimination in any form and to prohibit by law, propaganda for warand advocacy of national, racial or religious hatred that constitutesincitement to discrimination, hostility or violence.

b. In this context, complementary standards to be developed should observethe following parameters:

r Article 4 of ICERD shall be extended to the crime of incitement toracial hatred covering offenses motivated by religious hatred against immigrant communities.

r The protection provided shall extend to all individuals and groupswithin the jurisdiction of the State Party.

r The prohibitions shall equally cover acts committed by any individual,group or organization, including political and media organizations as well as by national or local public authorities.

r The provisions shall apply to any act which, in purpose or effect,incites discrimination, hostility or violence .

r In order to achieve consistent and uniform application and maximizeprotection for actual or potential victims, any doubt as to theexistence of a causal link between an act of incitement and thelikelihood of a violation, or the threshold required for reaching such adetermination, shall be interpreted in a consistent and coherentmanner at the national and international levels so as to ensureappropriate protection of the concerned individuals or groups.

r Addressing acts constituting incitement shall apply whether suchacts have aims which are internal or external to the State concerned.

r Requisite standards would explicitly not prohibit advocacy of thesovereign right to self-defence or the right of peoples to self-determination and independence in accordance with the Charter ofthe United Nations.

r Requisite complementary standards shall include the prohibition ofpublication of material that direct seriously offensive attacks onmatters regarded by followers of any religion or belief as sacred
http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%203&l=eng&nAya=%20151#%203_%20151http://www.islamawakened.com/Quran/8/12/http://www.islamawakened.com/Quran/8/39/http://www.islamawakened.com/Quran/8/57/http://www.islamawakened.com/Quran/8/60/http://www.islamawakened.com/Quran/8/65/http://www.islamawakened.com/Quran/8/67/http://www.islamawakened.com/Quran/9/5/http://www.islamawakened.com/Quran/9/29/http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%209&l=eng&nAya=%2038#%209_%2038http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%209&l=eng&nAya=%2039#%209_%2039http://www.islamawakened.com/Quran/9/111/http://www.islamawakened.com/Quran/9/120/http://www.islamawakened.com/Quran/9/123/http://www.islamawakened.com/Quran/33/26/http://www.islamawakened.com/Quran/33/27/http://www.islamawakened.com/Quran/47/4/http://www.islamawakened.com/Quran/49/15/http://www.islamawakened.com/Quran/59/2/http://www.islamawakened.com/Quran/59/13/http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%2061&l=eng&nAya=%2010#%2061_%2010http://www.muslimaccess.com/sunnah/hadeeth/bukhari/007.html#001.007.331http://www.muslimaccess.com/sunnah/hadeeth/bukhari/052.html#004.052.220http://www.muslimaccess.com/sunnah/hadeeth/bukhari/052.html#004.052.220http://www.muslimaccess.com/sunnah/hadeeth/bukhari/007.html#001.007.331http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%2061&l=eng&nAya=%2010#%2061_%2010http://www.islamawakened.com/Quran/59/13/http://www.islamawakened.com/Quran/59/2/http://www.islamawakened.com/Quran/49/15/http://www.islamawakened.com/Quran/47/4/http://www.islamawakened.com/Quran/33/27/http://www.islamawakened.com/Quran/33/26/http://www.islamawakened.com/Quran/9/123/http://www.islamawakened.com/Quran/9/120/http://www.islamawakened.com/Quran/9/111/http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%209&l=eng&nAya=%2039#%209_%2039http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%209&l=eng&nAya=%2038#%209_%2038http://www.islamawakened.com/Quran/9/29/http://www.islamawakened.com/Quran/9/5/http://www.islamawakened.com/Quran/8/67/http://www.islamawakened.com/Quran/8/65/http://www.islamawakened.com/Quran/8/60/http://www.islamawakened.com/Quran/8/57/http://www.islamawakened.com/Quran/8/39/http://www.islamawakened.com/Quran/8/12/http://www.qurancomplex.com/Quran/Targama/Targama.asp?nSora=%203&l=eng&nAya=%20151#%203_%20151


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or inherent to their dignity as human beings, with the aim ofprotecting them against such attacks.

c. In line with the above parameters, States' general obligations wouldinclude:

r Undertaking to promulgate, where they do not exist, a specificlegislation prohibiting any propaganda for war and anyadvocacy of national, racial or religious hatred that constitutes

incitement to discrimination, hostility or violence.r Asserting, in the relevant specific legislation, that such propaganda

and advocacy are contrary to public policy.r Providing for appropriate sanction, including of a criminal nature, in

case of violation.

The listed item under sub section c would appear to be straightforward. It is not. Muslims, liars,wyers and U.N. Bureaucrats do not use the English language to communicate, they use it to deceive!evidence whereof I cite the egregious remarks of the Secretary General on the subject of Fitna , th

ort documentary by Geert Wielders.

Reuters quotes U.N. Secretary General Ban Ki-moon about Fitna :

There is no justification for hate speech orincitement to violence, Ban said in a statement.The right of free expression is not at stakehere.

tna does not incite violence, it documents incitement contained in the Qur'an and propagated bymams in their Mosques

The program of the Ad Hoc Committee runs parallel to the programs of the General Assembly anduman Rights Council in their resolutions combating "defamation of religion" and that of the Durban IIview conference. Those programs are documented in detail and their egregious hypocrisy exposed andcumented in the following listed blog posts..

q

Youve Been Mooned!q U.N. Bans Criticism of Islam: Pretext .q United Nations Ban Criticism of Islamq Defamation of Religions Resolution Revisedq UN Renews Censorship Demandq UN Resolutions Revisited: Defamation of Religionsq Durban II: Egregious Arrogance Part 1q Durban II: Egregious Arrogance Part 2
http://www.reuters.com/article/topNews/idUSN2844232220080328?feedType=RSS&feedName=topNews&rpc=22&sp=truehttp://www.themoviefitna.com/?p=52http://snooper.wordpress.com/2008/03/28/youve-been-mooned/http://snooper.wordpress.com/2008/09/08/un-bans-criticism-of-islam-pretext-context/http://snooper.wordpress.com/2007/12/31/united-nations-ban-criticism-of-islam/http://snooper.wordpress.com/2008/12/03/defamation-of-religions-resolution-revised/http://snooper.wordpress.com/2008/11/24/un-renews-censorship-demand-2/http://snooper.wordpress.com/2008/07/11/un-resolutions-revisited-defamation-of-religion/http://snooper.wordpress.com/2008/11/06/durban-ii-egregious-arrogance-part-1-2/http://snooper.wordpress.com/2008/11/06/durban-ii-egregious-arrogance-part-2/http://snooper.wordpress.com/2008/11/06/durban-ii-egregious-arrogance-part-2/http://snooper.wordpress.com/2008/11/06/durban-ii-egregious-arrogance-part-1-2/http://snooper.wordpress.com/2008/07/11/un-resolutions-revisited-defamation-of-religion/http://snooper.wordpress.com/2008/11/24/un-renews-censorship-demand-2/http://snooper.wordpress.com/2008/12/03/defamation-of-religions-resolution-revised/http://snooper.wordpress.com/2007/12/31/united-nations-ban-criticism-of-islam/http://snooper.wordpress.com/2008/09/08/un-bans-criticism-of-islam-pretext-context/http://snooper.wordpress.com/2008/03/28/youve-been-mooned/http://www.themoviefitna.com/?p=52http://www.reuters.com/article/topNews/idUSN2844232220080328?feedType=RSS&feedName=topNews&rpc=22&sp=true


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q Durban II: Egregious Arrogance Part 3q Durban II: Egregious Arrogance Part 4q Durban II: Egregious Arrogance Part 5q Durban II: Egregious Arrogance Part 6q Durban II: Egregious Arrogance Part 7
http://snooper.wordpress.com/2008/11/07/durban-ii-egregious-arrogance-part-3/http://snooper.wordpress.com/2008/11/08/durban-ii-egregious-arrogance-part-4/http://snooper.wordpress.com/2008/11/08/durban-ii-egregious-arrogance-part-5/http://snooper.wordpress.com/2008/11/09/durban-ii-egregious-arrogance-part-6/http://snooper.wordpress.com/2008/11/10/durban-ii-egregious-arrogance-part-7/http://snooper.wordpress.com/2008/11/10/durban-ii-egregious-arrogance-part-7/http://snooper.wordpress.com/2008/11/09/durban-ii-egregious-arrogance-part-6/http://snooper.wordpress.com/2008/11/08/durban-ii-egregious-arrogance-part-5/http://snooper.wordpress.com/2008/11/08/durban-ii-egregious-arrogance-part-4/http://snooper.wordpress.com/2008/11/07/durban-ii-egregious-arrogance-part-3/


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AdHoc Cmte: Pakistani Submission

utline for the Ad Hoc Committee on Complementary Standards Consultations


The committee's mission is to write new international legislation to criminalize criticism of Islam.hey solicited suggestions from the member nations to get the process started.

Pakistan's submission to the committee begins on page 39 and ends on page 41. Since Pakistan acts ase representative of the Organization of the Islamic Conference, there is an emphasis on protectingam from criticism. It refers to Human Rights Council decision 3/103 , which created the committeed to ICERD.

The submission lists several "Action Points", the following items are from that list. [Emphasis added.]

q further defining the existence of link between an act of incitement and the likelihood of aviolation, or the threshold required for reaching such a determinant consistent and uniformapplication and maximize protection for actual or potential victims.

q development of new internationally binding normative standards in the area of racism, racidiscrimination, xenophobia and related intolerance while incorporating the followingcontemporary issues;

r defamation of religions, religious personalities, holy books, scriptures and symbols,r provocative portrayals of objects of religious veneration as a malicious ` violation of

the spirit of tolerance,r prohibition of publication of material with the aim of protecting the rights of others

and against seriously or gratuitously offensive attacks on matters regarded as sacredby the followers of any religion,

r racio-religious profiling,intolerance and discrimination,r incitement to religious hatred, discrimination and violence,r abuse of the right to freedom of expression in the context of racio-religious profiling,

negative or insulting stereotyping, incitement tohatred and violence,

r Islamophobia , xenophobia, and ideological racism,q new instrument should provide for;

r mandatory prohibition by law to- eliminate racio-religious profiling or profiling based onany grounds of discrimination recognized underinternational human rights law with provisions for legal action against perpetrators, aswell as legal guarantees to remedy and reparation for victims,

r legal restrictions on the dissemination or distribution or production, in public or
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AdHoc Cmte: Pakistani Submission

otherwise, of all ideas in any farm based upon racial and religious superiority orhatred and incitement to hatred, and violence,including by use of moderninformation and communication technologies,

r legal prohibition of publication of material that negatively stereotypes, insults, oruses offensive language cm matters regarded by followers of any religion or belief assacred or inherent to their dignity as human beings, with the aim or protecting theirfundamental human rights,

r legal restriction to public insults and defamation , public incitement to violence, threatagainst a person or a grouping of personson me grounds of their race, color, language, religion, nationality, or national or ethnicorigin,

The bottom line: Pakistan & the OIC join with Iran in demanding national and internationalgislation to criminalize criticism of Islam . Western Civilization is under attack by Islam. Effectived adequate defense requires objective identification & description of the enemy and its doctrine set.he proposals from Iran & Pakistan are designed to hamper our self defense efforts.

They imply that the Danish Cartoons, which portray Muhammad as a terrorist, which, by his own mission he was , constitutes defamation of religion. They imply that Fitna, which juxtaposes Allah's

had imperatives in the Qur'an with Islamic violence, constitutes defamation of religion. They demandat all such expressions be criminalized.
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Ad Hoc Cmte: Iranian Submission


An additional mechanism, the Ad Hoc Committee on Complementary Standardswas created by the Human Rights Council in 2006 to fill gaps in ICERD , and toprovide new normative standards aimed at combating all forms of contemporaryaspects of racism.


The Iranian submission begins on page 12 of the pdf. and ends on page 17. Although capturing theitude & meaning of the document through excerpts is not satisfactory, I will not reproduce the entire

ve page submission here. You can click through to the pdf file and enter 12 in the page window to gorectly to the full text of the submission.

The pdf is a scanned document, requiring the use of ocr to cull excerpts. Unfortunately, the printerhich created the document needs a head cleaning, and the plate on which it was scanned is dusty, soat ocr was extremely difficult. I have therefore run the spelling checker on the excerpts, they mayviate slightly from the original, but care has been taken to avoid changing the meaning of the text.mphasis added.]

The Iranian submission is not novel, it rehashes malicious malarkey from previous resolutions. Thellowing documents were referenced in the text.

q General Assembly resolution 62/154 on combating defamation of religionsq General Assembly resolution 55/23 on Dialogue Among Civilizationsq security Council resolution 1624(2005)q UDHRq ICCPRq International Covenant on Economic Social and Cultural Rightsq DDPAq Special Rapport on contemporary forms of racism, racial discrimination,

xenophobia and related intolerance (AIHRC/6/6)

They are off to a fast start in their Introduction, asserting that Islamophobia is a growing trend,coming pervasive and often officially condoned.

The growing trend of defamation of religions is arising from the following factors:the conflation of race, culture and religion , concept of clash of civilizations andreligions, all these provides fertile soil for the defamation of religions.
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And also on the fight against terrorism, based on defense of national identity andsecurity, it is reduced to religiousdimension.

ote the clause which I emphasized. Who is it that conflates race with religion? If you can't answer thatestion, re-read the initial post in this series :

d Hoc Committee on Complementary Standards , paying close attention to the quote from the report

the African Regional Conference in preparation for the Durban Review.

Unfortunately, insults and intolerance against Islam are being provided intellectual justification by Western scholarsand political lobbies who espouse anti-Islamic agendas , hence lending supportto ideological violence againstMuslims. Sophisticated slogans are used to provoke systematic insults againstIslam . This phenomenon reflectsthe Islarnophobia which afflicts segments of western society.

his paragraph inverts cause and effect. We developed anti-Islamic agendas precisely because of Islam'sti-Christian & anti-western doctrines, agendas & actions. Our accurate descriptions of Islamicctrines & practices are labled insults and intolerance. Accurate and well documented descriptions of amic sanctification & mandate of genocidal conquest and terrorism are labled "insults" and

ntolerance".The last paragraph of the introduction is severely overloaded by implicit reference to the documentsted and linked above.

Lack of action to prevent the reprinting of blasphemous caricatures , andindifference in airing the inflammatory documentary against the holy Quran willbe perceived as manifestation of insincerity towards the principles and objectivesof various efforts within the United Nations system aiming at promotingunderstanding and respect among cultures and civilizations. [ Links added .]

should now be clear to you that the Iranian agenda includes criminalizing criticism of Islam,ecifically the Danish Cartoons and Geert Wilders' Fitna .

The cartoons depict Muhammad as a terrorist, which, by his own admission , he was. He never threwbomb, because explosives were invented after he died. he used the primitive weaponry available in theventh century to terrorize his victims with ruthless slaughter. If you do not comprehend this fact, openur Qur'an to 33:26 , 59:2 & 59:13 and read them carefully.

Fitna demonstrates the obvious connection between Islamic doctrine enshrined in the Qur'an. Thisct is documented in another blog post . It is extremely unlikely that anyone else will reveal to you theurce of Islam's intense determination to criminalize criticism of itself. I will: It comes from Islamic
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w, codified in Reliance of the Traveller . Book O, which treats of "Justice", includes an outline of thenditions imposed upon dhimmis, who were "people of the book" subjugated by Muslims under aeaty of protection". Chapter 11.10 lists five acts which violate the treaty of protection and subject theimmi to immediate execution. Here is the fifth item in that list.

-5- or mentions something impermissible about Allah, the Prophet (Allah blesshim and give him peace), or Islam.

he perceptive reader will want to know what is impermissible to mention . O8.7 lists 20 items whichtail apostasy, and describes the list as nearly endless. Here are a few relevant items from that list.

-1- to prostrate to an idol, whether sarcastically, out of mere contrariness, or inactual conviction, like that of someone who believes the Creator to be somethingthat has originated in time. Like idols in this respect are the sun or moon, and likeprostration is bowing to other than Allah, if one intends reverence towards it like

the reverence due to Allah;

-2- to intend to commit unbelief, even if in the future. And like this intention ishesitating whether to do so or not: one thereby immediately commits unbelief;

-3- to speak words that imply unbelief such as ``Allah is the third of three,'' or ``Iam Allah''-unless one's tongue has run away with one, or one is quoting another,or is one of the friends of Allah Most High (wali, def: w33) in a spirituallyintoxicated state of total oblivion (A: friend of Allah or not, someone totally

oblivious is as if insane, and is not held legally responsible (dis: k13.1(O:) ) ), forthese latter do not entail unbelief;

-4- to revile Allah or His messenger (Allah bless him and give him peace);

-5- to deny the existence of Allah, His beginingless eternality, His endlesseternality, or to deny any of His attributes which the consensus of Muslimsascribes to Him (dis: v1);

-6- to be sarcastic about Allah's name, His command, His interdiction, Hispromise, or His threat;

-7- to deny any verse of the Koran or anything which by scholarly consensus (def:b7) belongs to it, or to add a verse that does belong to it;

-14- to deny the obligatory character of something which by the consensus ofMuslims (ijma`, def: B7) is part of Islam, when it is well known as such, like the
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matter of legal protection.

hey jabber on with quotes about universal freedom, equality and dignity, without finding anythingevant to the matter at hand. The next paragraph is mired in excrement.

Crucially, according to- article 20, paragraph.2 of the ICCPR, " any advocacy ofnational, racial or religious hatred that constitutes incitement to discrimination,hostility or violence shall be prohibited by law" This provision represents a clearlimitation to-the night to fee speech which according to article 19 of the ICCPRcarries with it special duties and responsibilities.

he cartoons do not advocate hatred, nor do they incite discrimination, hostility or violence. The same isue of Fitna. Few will perceive the irony in Islam's specious assertion: it is their own scripture, traditionjurisprudence which advocates hatred and incites violence. If Article 20 were to be enforced, the

ur'an, hadith & Shari'ah would be banned as incitement to violence !

The committee on civil and Political Rights in its general comment 11 providedthat these required prohibitions are fully compatible with the right to freedom ofexpression as contained in Article 19, the exercise of which carries with it specialduties and responsibilities. This is clear indication that human rights instrumentsrecognize provisions against incitement to religions hatred as being a completelylegitimate- safeguard against the abuse of the right to free speech.

an is asserting that accurately describing Allah's genocidal Jihad imperatives which are found inrahs Al-Anfal & At-Taubah and confirmed in Sahih Bukhari's Books of Jihad , Khumus &

xpedition and codified in Reliance of the Traveller Book O, Chapter 9, Paragraphs 8 & 9 must bgally prohibited as "incitement to religious hatred". Islamic obedience to those imperatives hassulted in 270*10 6 premature deaths in the last 1400 years but we must be prevented, by judicialnalties, from mentioning it.

Identifying the enemy and describing his doctrines is characterized as an abuse of free speech. This isthing less than the aggressor's program for depriving us of the ability to defend ourselves against hisgression.

The last section of the submission is under the heading of Programme of Action.

In sum, the right to freedom of expression should be exercised with theresponsibilities and limitations as prescribed by law. The international communityshould initiate a global dialogue to promote a culture of tolerance and peacebased on respect for human rights and cultural diversity and urges states, NGOs,religious bodies and media to support and promote such a dialogue. Developing
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the human rights language to address emerging issues such as defamation ofreligions was an important step forward that is of interest not only to Muslims butto all the internatioual community.

ur freedom of expression must not include mention of Islam's aggressive doctrines & practices:nquest, genocide & terrorism. A culture of tolerance and peace means being led, dumb like sheep,the slaughter .

Islamic Republic of Iran urges the Ad hoc Committee on the elaboration ofcomplementary standards to call upon the States to stop the publication ofblasphemous caricatures, films and media as well as the campaigns for anti-Islamic regulations to take all possible legal and administrative measures toprevent continuation of these deliberate offensive acts, which impinge greatly onthe right to freedom of thought, conscience and religion of the followers of Islam.

hey want to add wording to ICERD to criminalize every criticism of Islam. How in Hell does anythinge write or say impinge on the liberty of Muslims? Why must they be allowed to continue in therogant assumption that they have a divine right and mission to kill , enslave , rape , pillage & plunder?
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AdHoc Committee: African Submission




The African Group submission by Egypt, makes reference to two external documents:

q Human Rights Council decision 3/103q "Non-Paper on Complementary international Standards"q ICERD

The curious reader will find some satisfaction in reading the above listed "Non-Paper" and willcognize it as the source of a significant part of the African submission.

The African Group begins by laying down a list of general principles. When reading them, bear innd the broad definition of racism, which includes "related intolerance" which translates to

slamophobia". Wherever "racism" is written, read criticism of Islam .

q Although laws alone are not sufficient to eradicate racism and racial discrimination, lawsremain essential to such efforts.

q International standards on combating racism must provide for deterrence and beperceived, as far as possible, by actual and potential victims, as satisfactory.

q No attempt to legitimize racism and racial discrimination can be tolerated in a societyruled by law.

q The exercise of the right to freedom of expression, assembly and association may berestricted with a view to combating racism in accordance with international humanrights law.

q The prohibition of racism and racial discrimination applies to all public authorities aswell as natural and legal persons, both in the public and private spheres.
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AdHoc Committee: African Submission

q There is a need for a uniform and consistent application of the law to ensure theeffectiveness of international efforts to counter racism and racial discrimination.

The discriminating reader has learned that, according to Egypt, complementary standards formbating criticism of Islam must produce legislation sufficient to satisfy the demands of the OIC andll eliminate our right to free speech.

Seven substantive provisions are listed, the fifth of which contains several subordinate clauses of greaterest.

E. Combating incitement to racial and religious hatred . Such acts include:r Public insults and defamation and threats against a person or group of persons

on the grounds of their race, color, language, religion, nationality, or national orethnic origin.

r The public expression which has the purpose or effect of denigrating a group ofpersons on the basis of the above-mentioned grounds.

r The public dissemination or distribution, or the production of written, audio orvisual or other material containing manifestations of racism and racialdiscrimination in accordance with the ICERD and the present submission.

r In addition, these acts must be criminalized in national laws, and the perpetratorsthereof punished, as well as those instigating, aiding or abetting them.

Re-read that list, bearing in mind the broader definition of "racism", substituting "criticism of Islam"herever it is used in the substantive provisions. These provisions will have the effect of criminalizing

negative expressions about Islam, not just the Danish Cartoons, and Fitna, but these blog posts will

illegal.


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AdHoc Cmte USA Submission



The committee's mission is to write new international legislation to criminalize criticism of Islam.hey solicited suggestions from the member nations to get the process started. Islam, because it is falsed malicious, can not tolerate criticism. Islamic law prescribes the death penalty for any criticism of lah, Moe, and their doctrines. Muslims, acting through the OIC and its clique in the United Nations,e demanding the enactment and enforcement of national and international legislation to criminalizeticism of Islam. While specifically complaining of the Danish Cartoons and the short documentary

eated by Geert Wilders, their demand for censorship is much broader.

Unlike Iran and Pakistan, the United States did not submit demands for criminalizing criticism of am. Unfortunately, the two page submission, which begins on page 26, displays an a high level of gnitive dissonance. [ Emphasis added.]

The United States wishes to reiterate its commitment to fighting racism, racialdiscrimination, xenophobia and related intolerance and looks forward to workingwith other States contributing to initiatives that promote tolerance and respect fordiversity. The United States is home to individuals from diverse racial, religionsand ethnic backgrounds. .We are profoundly aware of the destructiveconsequences of racism and understand the concerns that have given rise to thework of this Committee.

"Related intolerance" is a code phrase for "Islamophobia", which is equated with racism. There is notional basis for fighting rational objections to Islamic doctrine and practice!

The United States has learned from the experience in our own country howcrucial robust free expression and a thriving marketplace of ideas are to thepromotion of tolerance, religious freedom , greater understanding amongindividuals of different backgrounds, and ultimately to the defeat of racist anddiscriminatory ideas in societies. Similarly, the United States believes in theimportance of engaging in proactive governmental outreach and policies toassure racial, ethnic, and religious groups are protected and respect for diversityis promoted. Such governmental outreach can take a variety of forms, includingthe holding of town hall meetings and conferences with affected groups to listenand learn of the challenges they face and develop ways for the government to
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better address their concerns. These actions, which are based upon a moral andsocial responsibility to combat advocacy to national, racial or religious hatred, rather than a legal obligation to punish hateful expression, areessential to simultaneously maintaining robust free expression and allowing thegovernment to take an active role in the promotion of tolerance and respect .

This would appear, at first glance to be a robust defense of our first amendment freedom of

pression. But an examination of the first listed objective throws a bucket of cold water on that hope.romotion of tolerance", in this context, can only mean tolerance of the intolerable: Islam.

Combating advocacy to religious hatred requires combating Islam because Islamic doctrine expressedthe Qur'an is the primary source of religion based hatred.

"Rather than a legal obligation to punish hateful expression" is a loaded clause which, while appearing deny demands for blasphemy laws, actually condemns the Danish Cartoons, Fitna, and all other

uthful negative expressions about Islam. as "hate speech".

"Promotion of Tolerance and respect" is an indication of irrational idocy. In the current context, it canly mean "tolerance of and respect for Islam". Islam is not worthy of respect and must never beerated because it is perpetual war and confers an open season license to kill, enslave, rape, pillageplunder .

The United States does not believe that amendments to theinternational human rights legal framework - or newinterpretations of existing legal obligations - are warranted tofight the scourges cf racism, racial discrimination, xenophobiaand related intolerance. Rather than seeking additional restrictionsto expression, the United States advocates for more robustgovernmental outreach policies with respect to racial, ethnic andreligious groups as well as the institution of appropriate legal regimesthat deal with discriminatory acts and hate crimes.

Nothing is warranted to fight " related intolerance ", which is a code phrase for opposition to Islam.rdinarily, I would happily accept the rejection of Islam's contumacious demand for legislationconstitutionally restricting my right of free expression. But that rejection is coupled with an implicitceptance of the enemy's false premise, which renders it null and void.

The United States views racism, racial discrimination, xenophobia, andrelated intolerance as serious challenges facing the internationalcommunity and believes they must be dealt with by the Ad Hoc Committeein a methodical and deliberate manner. The United States submits that thisprocess of self-examination and action by international community begin with
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greater opportunities to exchange views and address empirical data and practiceon matters related to racial, ethnic, and religious diversity, discrimination, andintolerance so as to broaden our common understanding of these importantissues and provide a solid foundation f or a broad-based consensus furtheractions and initiatives.

Inclusion of " related intolerance ", which refers to objections to Islamic doctrine & practice,

mplicitly accepts the enemy's false premise and can not be accepted. It makes me ashamed to be anmerican. How can my government sink so low as to condemn my advocacy of life & liberty andmand that I tolerate the existence of a predatory institution whose mission is mercenary and whoseethod is to deprive free men of life, liberty and property ?

The submission offers a list of suggested substitutes for the legislative program demanded by Islam. Itoposes to study the cause of "advocacy of hatred", ignoring the fact that the damnable doctrinesshrined in the Qur'an, preached in every Mosque and taught in every Madrassa, are the principal

urce of that advocacy.

Another suggestion constitutes an irrational surrender.

q Evolution of Legal and Policy Frameworks: An assessment of the evolution of domesticlegal and policy frameworks dealing with these issues and how effective they have beenin dealing with intolerance and discrimination. Such an assessrnent would also reviewany distinctions made within these frameworks between actions taken based upon amoral and social responsibility to combat advocacy to national, racial or religious

hatred on the one hand and those based upon a legal obligation to prohibit suchadvocacy on the other, and analyze the relative results of each;

To the extent that a person is rational and informed, he will hate Islam, and no attempt should beade to reduce his ardor or extinguish the fire of hatred. Islam is inimical to human life and liberty. Itspremacism, triumphalism and intolerance render it intolerable. The concept of a divine mandate tonquer the world, terrorizing and killing or enslaving everyone who resists is absolutely intolerable.ow can there be a legal obligation to prevent rational discussion of the doctrines and practices of aigion of world domination through genocidal warfare?

While ostensibly objecting to demands for legislation eliminating our right of free expression, ourvernment is actually pandering and attempting to appease the enemy by implicitly accepting theirse premise.
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ragmentary translations of a possible draft protocol to ICERD

raft protocol to ICERD, prepared by the Chairman of the Ad Hoc Committee.ource:tp://blog.unwatch.org/?p=278#more-278 [03/21/09]http://blog.unwatch.org/wp-content/uploads/2009/03/ te_sur_les_normes_internationales_complementaires.doc

he Member State Submissions can be found here:

Outline for the Ad Hoc Committee on Complementary Standards Consultations

/05/08 " Non-Paper Paper " contains the Chairman's guidelines.

elated documents:

q Durban Declaration and Programme of Actionq

Decision 3/IO3 of the Human Rights Council

q Resolution 6/21 of the Human Rights Councilq http://www.un.org/durbanreview2009/stmt_6-10-08.shtml

elated blog posts:[Compiled into this pdf file.]

q Ad Hoc Cmte: Non-Paper 08/04/09 The cmte. President's outline of the program of

censorship. This document is crucial to comprehending the related posts which follow in this list.q AdHoc Committee: African Submission 08/03/09 Detailed analysis of the Africa group's

proposal to censor critics of Islam.q AdHoc Cmte USA Submission 08/03/09 This nation is governed by irrational idiots & traitors.

Read it and weep.q AdHoc Cmte: Pakistani Submission 08/03/09 Detailed analysis of the OIC's proposal to

censor critics of Islam.q Ad Hoc Committee: Iranian Submission 08/03/09 Detailed analysis of Iran's proposal to

censor critics of Islam.q Ad Hoc Committee on Complementary Standards 08/01/09 They aim to add a protocol to

ICERD to criminalize these blog posts.

ranslation: French (automatically detected) English [Google Translate]
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raft complementary international standards

xplanatory memorandum

his draft complementary international standards in the fight against racism, racial discrimination,enophobia and related intolerance is associated has been prepared under the implementation of aragraph 199 of the Program of Action of Durban ( A/CONF.189/12).

n this agenda, the World Conference against Racism, Racial Discrimination, Xenophobia and Relatedntolerance is associated (August 31 / September 8, 2001) had recommended "the Human Rightsommission of the man to develop international standards to strengthen and update internationalstruments against racism, racial discrimination, xenophobia and related intolerance is associated in alleir forms ".

y a resolution dated April 25, 2002, [1] Commission on Human Rights had therefore decided "tostablish an intergovernmental working group with a mandate:

Make recommendations for the effective implementation of the Declaration and Program of Actionf Durban;

) Prepare complementary international standards to strengthen and update international instrumentsgainst racism, racial discrimination, xenophobia and related intolerance is associated in all their forms.

2]

n paragraph 7 of its Program of Action, the World Conference against Racism, Racial Discrimination,enophobia and Related Intolerance is associated also requested "the Commission on Human Rights to

onsider establishing in part of the United Nations organ, a working example, which is charged withudying the problems of racial discrimination faced by people of African descent in the diaspora, andpropose ways to remove this racial discrimination. "
http://blog.unwatch.org/wp-content/uploads/2009/03/note_sur_les_normes_internationales_complementaires.dochttp://blog.unwatch.org/wp-content/uploads/2009/03/note_sur_les_normes_internationales_complementaires.doc


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y the resolution dated April 25, 2002, the Commission on Human Rights had consequently decided toestablish a working group of five independent experts on people of African descent - appointed on theasis of equitable geographical representation, the President of the fifty-eighth session of theommission, in consultation with regional groups. "[3]

his particular group was given a mandate of "helping the Intergovernmental Working Group torepare complementary international standards to strengthen and update international instrumentsgainst racism, racial discrimination, xenophobia and related intolerance is associated in all their forms

n paragraph 191 (b) its Program of Action, the World Conference had also requested "the Highommissioner for Human Rights, under the monitoring of the World Conference, to cooperate withve independent eminent experts from different regions, appointed by the Secretary General frommong candidates nominated by the President of the Commission on Human Rights, after consultationsith regional groups and to monitor the implementation of the provisions of Declaration and Platform

or Action. "

The five eminent experts have been designated by the Secretary-General June 16, 2003. [4] Ins resolution 2002/68 of 25 April 2002, the Commission recalled one aspect of the mandate of thesexperts were of: "assist the Intergovernmental Working Group to prepare complementary internationalandards to strengthen and update international instruments against racism, racial discrimination,enophobia and related intolerance is associated in all their forms." [5]

n April 23, 2003, the Commission had clarified this aspect of the mandate as follows:

Given the recommendations of the Working Group [intergovernmental], support the Highommissioner to assess standards and international instruments to fight against racism, racialscrimination, xenophobia and related intolerance is associated with a view develop additionalandards. "[6]


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t its fourth session held from 16 to 27 January 2006, the Intergovernmental Working Group on theffective Implementation of the Declaration and Program of Action of Durban made the followingcommendations:

A) On the gaps on procedural issues: the Working Group requests the Committee on the Elimination

f Racial Discrimination to conduct a further study on possible measures to strengthen implementationf its concluding observations by adopting new recommendations or the update of its monitoringrocedures;

b) Regarding the gaps on substantive issues: the Working Group recommends that the OHCHR toelect, in close consultation with regional groups, five highly qualified experts who will examine theature and extent of these gaps in existing international instruments to fight against racism, racialscrimination, xenophobia and related intolerance is associated, including but not limited to the areasentified in the conclusions of the President of the High Level Seminar held during the fourth session

f the Working Group. The Panel, in consultation with the organs of protection of human rights, thepecial Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and relatedtolerance as well as related other relevant mandate holders, should develop a base document that

ontains concrete recommendations on ways and methods to bridge these gaps, including but notmited to the drafting of a new protocol to the Convention on the Elimination of All Forms of Racialiscrimination or the adoption of new instruments (conventions, declarations). "[7]

n June 30, 2006, the Commission on Human Rights had endorsed the conclusions andcommendations of the Intergovernmental Working Group and requested the High Commissioner foruman Rights to select these five highly qualified experts. [8]

- Opportunity to prepare complementary international standards

While some government representatives and some experts have expressed opinions on the subtleuestion of whether it was necessary to develop and adopt additional standards in the fight againstcism, discrimination, Xenophobia and intolerance is associated with their final position on such agislative effort to update the 1965 International Convention and other relevant legal instruments, wille determined on the basis of specific proposals for the content of complementary standards envisaged.


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should in this regard include the ongoing development within the Organization of American States of draft convention against racism and all forms of discrimination and intolerance that is, without a

hadow a doubt, the evidence of the existence of weaknesses or gaps in the field of international legalrotection of certain vulnerable groups and the need to address them. [9]

he legitimacy and urgency of complementary standards to the Convention also follows severalcurring factors: resilience and seriousness of the issue of racism despite holding three worldonferences against racism, non-persistent implementation of the recommendations of CERD, the need

maximize the impact of these recommendations in a more binding international instrument. But theost decisive factor is related to the profound transformation of the concept of racism in the political

nd ideological context that followed the tragic events of 11 September 20001, characterized by severalends that have literally neutralized the impact of the Declaration and Program of Action of Durban:e erosion of political will to combat racism, the rise of racist and xenophobic violence, the political

nd electoral racism and xenophobia, the scientific and intellectual legitimization of stereotypes andcial prejudice, reading racial and ethnic immigration, asylum and citizenship, the centrality of racial

aradigm in the theory of clash of civilizations and the mix of factors of race, religion and culture, ande ideological and selective understanding of human rights. The increase in all forms andanifestations of racism and xenophobia and the emergence of new forms of racism, resultingadvertent omissions of existing instruments.

he combination of two concepts that legitimize these developments, which characterize the currenttuation highlights a fundamental flaw of these instruments have not been able to adapt to new

anifestations of racism or to block the emerging ideology that underlies .

- Content of complementary international standards to adopt

his draft complementary international standards has been developed with due account of commendations made in this area by other bodies or entities specifically authorized to that effect,

amely: 1) the Intergovernmental Working Group, 2) the Committee the elimination of racialscrimination, 3) the group of five independent eminent experts and 4) the group of five highly

ualified experts.

n drafting the proposed complementary international standards, it has also taken account of commentsn the matter by the Working Group of five independent experts on people of African descent, thepecial Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related


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tolerance is associated and the Special Rapporteur on freedom of religion and belief.

For purposes of determining complementary international standards to adopt, it should make arief review of recommendations made by the four bodies specially authorized for that purpose, andbove it is also worth mentioning the findings of the High Level Seminar, Given the 16 to 20 January

006 on the sidelines of the fourth session of ISAR. [10]

Intergovernmental Working Group

t its fourth session held from 16 to 27 January 2006, the Working Group had identified and / orviewing the gaps on issues of substance and procedure:

A) Gaps related to substantive issues existing in the International Convention on the Elimination of ll Forms of Racial Discrimination: protection of persons belonging to particular groups such asligious groups, refugees, asylum seekers , stateless persons and migrants, migrant workers, personssplaced within their own countries, communities based on ancestry as people of African descent,digenous peoples, minorities and persons subject to foreign occupation . Among other shortcomings

nd deficiencies which have been discussed include multiple or aggravated forms of discrimination,enophobia, ethnic cleansing, genocide, education rights, religious intolerance and defamation of ligious symbols , racial discrimination in the private domain, incitement to racial hatred andssemination of racist and xenophobic and defamatory caricatures by traditional media andformation technologies, including the Internet;

b) Gaps related to procedural issues: the Committee on the Elimination of Racial Discriminationhould be able to undertake missions in the country should formalize the procedure followed thecommendations addressed to States parties the Committee's concluding observations and in its

pinions on individual communications that he considers under Article 14 of the Convention. "[11]

) High Level Seminar on Racism and the Internet and complementary international standards to fightgainst racism

articipants in this high-level seminar, held in conjunction with the fourth session of thentergovernmental Working Group [12] failed to clear-cut conclusions on gaps in existing legal


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struments adopted in the fight against racism and racial discrimination. [13]

egarding the gaps on issues of substance, the President's Working Group has indeed indicated theollowing:

Knowing that a number of participants felt that the general recommendations of the Committee on thelimination of Racial Discrimination are not mandatory, a fruitful debate has arisen on the researchaps in the Convention on the protection specific groups such as religious groups, refugees, asylumeekers, stateless persons, migrant workers, displaced persons, communities based on descent,digenous peoples, minorities and persons subject to the foreign occupation. However, it expressed theew that protection of the rights of refugees, asylum seekers, stateless and displaced persons not withine specific mandate.

he participants sought to identify gaps and weaknesses regarding additional issues include: theultiple or aggravated forms of racial discrimination, ethnic cleansing, genocide, and religioustolerancedefamation of religious symbols , racial discrimination in the private domain, incitement tocial hatred and dissemination of hate speech and xenophobic and stereotypical images in theedia and information technologies, including the Internet. "[14]

egarding the shortcomings related to procedural matters, the Chairman of the Working Groupummarized the discussion as follows:

During the discussion, participants are also attached to highlight gaps in the following procedures: theeed for the Committee on the Elimination of Racial Discrimination able to carry out missions in theountry, the need to formalize the procedure followed the recommendations addressed to States partiese Committee in its concluding observations as well as in opinions on individual communications.

15]

he President also said that "most states and experts have estimated that they had identified gapsquired the adoption of complementary international standards." [16]


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i) Committee on the Elimination of Racial Discrimination

uring its fourth session, and on gaps related to procedural issues, the Intergovernmental Workingroup requested the Committee on the Elimination of Racial Discrimination to conduct a further studyn possible measures to strengthen implementation its concluding observations by adopting new

commendations or the update of its monitoring procedures. [17]

ollowing this request, the committee reported to the Working Group and made the followinguggestions in the field of complementary standards may be adopted for strengthening its procedures:8]

Further develop the practice of monitoring visits by the Coordinator responsible for monitoring andudying the context of these visits, including adopting an Optional Protocol to the Convention whichould expose more detail the conditions and procedures appropriate for these visits, including financial

spects.

Create a single body to consider communications from individuals to all treaty bodies through anptional protocol which would refer to the relevant instruments.

Adopt an optional protocol to the Convention which provides an evaluation procedure by visits / vestigations, following similar procedures provided by several other international instruments on

uman rights dealing with discrimination.

Include an optional protocol to the provisions concerning the obligation of States to establish,esignate or maintain national mechanisms working towards the prevention of racial discrimination andromoting equality act in cooperation with Committee so as to enhance the effectiveness of its

versight function. "[19]

n a previous report [20] the Committee had made a number of proposals affecting both the substancef the rights enshrined in the Convention that the proceedings.

egarding Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination, the


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ommittee noted that "insufficient information provided by some States Parties may also be explainedy the fact that some of the rights listed Article 5 of the Convention still lack precision and are notcluded in the same way by everyone. This is the case of cultural rights which are enshrined in

umerous international and regional human rights in general and the rights of minorities or indigenouseoples in particular. In the opinion of the Committee, it would be useful to adopt an internationalstrument on cultural rights which would describe the content given the current state of internationalw. The Committee may also consider developing and adopting new general recommendations on the

bligations of States parties to each paragraph of Article 5, which would complement its Generalecommendation XX on Article 5. [21]

With reference to Article 7 of the Convention, the Committee, after stressing the fundamentalmportance of education for human rights for the Elimination of Racial Discrimination, had committedhe Working Group to examine the 'opportunity to develop a new convention on Education for Humanights. "[22]

egarding the issue of visits to the territory of States Parties, he suggested that "To strengthen dialogueetween the Committee and States parties and facilitate the practical application of the Convention, theountry visits can be arranged in Where the Committee, in consultation with the State party concerned,aid they would contribute to achieving the objectives of the Convention. In the opinion of theommittee, these visits would usefully complement the activities under other procedures. They enablee Committee to obtain a detailed and complete idea of the situation as regards racism and intolerancethe States Parties to the Convention. They are also an opportunity for Committee members to meet

ith representatives of relevant ministries and public authorities responsible for matters within theommittee's mandate. Committee members could also meet with representatives of national institutions

or the promotion of human rights and nongovernmental organizations active in the field of humanghts and racial discrimination, and other entities s 'occupant of issues relating to the mandate. Itonsiders that such visits could be organized under the early warning procedure or other existingrocedures or by adopting an additional protocol to the Convention which are specified conditionsnder which such visits could be organized and procedures, including financially. "[23]

) Group of five independent eminent experts

hey remind one aspect of the mandate of the Commission on Human Rights had given to this Panelas as follows:


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Given the recommendations of the Working Group [intergovernmental], support the Highommissioner to assess standards and international instruments to fight against racism, racialscrimination, xenophobia and related intolerance is associated with a view develop additionalandards. "[24]

The group of prominent experts interpreted the terms of reference as follows:

The experts have confirmed that it was not for them to examine in detail specific issues, makecommendations and monitor progress, since these tasks were performed by the Intergovernmental

Working Group and the Working Group of experts. The experts agreed, however, they were better ableidentify areas requiring immediate attention and mobilized the necessary support to the

mplementation of the Declaration and Program of Action of Durban. This mobilization would includebtaining political support for the Declaration and Program of Action of Durban and promote them toovernments and civil society, and educate the public about the problems of racism, racialscrimination, xenophobia and related intolerance is associated. The experts exchanged views on waysencourage such Member States to develop national action plans to combat discrimination. They feltey were well placed, because of their independence and reputation for influencing public opinion anday an effective role as sensitizers in drawing attention to areas still untreated. [ 25]

he group of prominent experts and has made no specific recommendation on the question of

omplementary standards. He merely stated the following:

n the light of consultations with the Chairman of the Intergovernmental Working Group and with ace-chairpersons of the Committee on the Elimination of Racial Discrimination, the experts note that

ven if additional standards may be necessary, the international community can already take advantagef the existing normative framework, including treaty rules and commitments under the law ". In thisgard, experts want to stress the importance of adopting a "culture of compliance" to help bridge the

ap between international standards and the implementation thereof in the practice of States " . [26]

) Group of five highly qualified experts

he recommendations of this group of five highly qualified experts deserve special consideration sinceis entity was created at the request of the Intergovernmental Working Group with the mission to study


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e nature and extent of deficiencies related to issues background in the existing international legalstruments against racism, racial discrimination, xenophobia and related intolerance is associated andake concrete recommendations on ways and methods to bridge these gaps. [27] For the purposes of s study, the Panel has also consulted widely with many entities and individuals. [28]

n his study, the Panel first held to clarify the contours of the concept of "gap standards on substantivesues" it has done so more extensively. According to him, because "we talk about shortcomings in theandards when repeating event (or an act or a structural factor) undermines the dignity of the humanerson and is not effectively combated by a legal standard. In such cases, adopting a new rule or a newstrument of greater range may be necessary to remedy this deficiency. Gaps can appear in either of e following situations: when there is no appropriate standard in a given phenomenon, it is in such

ases a legal loophole itself or any instrument providing for the possibility of applying the standardsone or more categories or data of individuals to invoke these standards in specific circumstances. Inis case, the gap is to plan the implementation of standards. "[29]

He said there may be a gap "not only when no rule [has] been adopted to fight against a givenroblem, but also when a standard [is] in force but no '[has] not been written in terms sufficientlyrecise to impose clear obligations on persons who bear [s] duties, which [makes] the illusoryrotection of the rights enshrined in the Standard. "[30]

It should be immedia

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