Council holds interactive dialogue with Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance

Human Rights Council
MIDDAY 14 June 2011

During its midday session the Human Rights Council held an interactive dialogue with Githu Muigai, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

In his opening remarks, Mr. Muigai said that noted that in line with the victim oriented approach developed by the Durban Documents it was decided that the focus of this report should be on racial discrimination against the Roma and discrimination based on work and descent. States should always bear in mind that all victims of racial discrimination and other forms of intolerance should receive the same attention and protection as stated in the outcome document of the Durban Review Conference. Furthermore, the Roma people had been victims of historical injustices and they continued to face racial discrimination in a number of regions, including in Europe where they represent a large minority. It was noted that their situation had spurred a number of Governments to develop valuable initiatives and good practices both at the regional and national levels to address their situation, including the adoption of national action plans and strategies for Roma; national laws against racism and racial discrimination; and the development of good practices in the area of education, employment, health and access to justice for instance. Mr. Muigai also presented the report concerning his country visit to Singapore.

Speaking as a concerned country, Singapore stressed that the core principle on which Singapore operated was meritocracy and that there were no guidelines preventing minorities from participating in all sectors of the Government. For example, 42 per cent of judges were ethnic minorities. The Government of Singapore provided programmes to help all students who required assistance, not just children from minority families, and these programmes were being implemented by qualified teachers. In Singapore, there was an open acceptance of equality before the law which was guaranteed in the Constitution. For practical reasons ethnic information was gathered and included in documentation. Ethnicity-based self-help groups were better able to provide effective programs for their community.

In the interactive discussion, the following countries spoke: Egypt, the European Union, Pakistan on behalf of the Organization of the Islamic Conference, the Russian Federation, France, Senegal, Austria, Nigeria on behalf of the African Group, Cuba, Bolivia, Algeria, India, Iran, Palestine on behalf of the Arab Group, Italy, Switzerland, the Czech Republic, Brazil, Pakistan, Norway, Venezuela and South Africa.

The following non-governmental organizations also took the floor: the International Movement against all Forms of Discrimination and Racism, the Movement against Racism and Friendship among Peoples and Paix Romana.

During the interactive dialogue on the issue of racism, racial discrimination, xenophobia and related intolerance, speakers fully agreed with the recommendation of the Special Rapporteur that States should invest in education to address the root causes of racism and racial discrimination. Education was indispensable for the promotion of tolerance, the respect for cultural diversity, and the principle of non-discrimination. Many speakers expressed concern that despite legal, political and institutional initiatives at regional and national levels, the Roma community was forced to face new challenges. Last year the international community had witnessed targeted and forceful expulsions of Roma migrants from several European countries to their country of origin; these expulsions were often justified on the basis of security concerns and at times economic grounds. It was indeed a source of deep concern that the Roma were one of the groups most discriminated against in Europe. This was worrying because it took place in one of the most advanced societies that had in place legal, political and institutional mechanisms both at the national and regional level to protect human rights, and these conditions were antithetical to European values and remained a blot on the conscience of Europe. Incidents of racism were becoming increasingly frequent and were giving rise to great concern related to stereotypes based on race and religion. Racism was used for political purposes, disseminated hatred and marginalized certain groups. Speakers also noted that discrimination based on religion and Islamophobia was on the rise as was discrimination against members of the Arab community, which was often legitimized for security purposes and seen in diverse areas such as health care and education.
The next meeting of the Council will be at 2:30 p.m. this afternoon when it will hold a general debate on follow-up to and implementation of the Durban Declaration and Programme of Action followed by a panel discussion on strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace based on respect for human rights and diversity.
Documentation
The Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Githu Muigai, (A/HRC/17/40), reports on the activities of the Special Rapporteur who has taken a victim-oriented approach presenting an analysis of the racism and racial discrimination against Roma, and discrimination based on work and descent.

Communications to and from Governments, (A/HRC/17/40/Add.1), gives an account of the communications sent to Governments by the Special Rapporteur between 1 March 2010 and 28 February 2011. It also contains in summary form the replies received from Governments to his communications until 30 April 2011, as well as observations of the Special Rapporteur where considered appropriate. Replies to communications which were received by the Special Rapporteur after 30 April 2011 will be reflected in his next communications report.

Mission to Singapore 21 to 28 April 2010, (A/HRC/17/40/Add.2), notes that due to the historical legacy of communal tensions, the Government of Singapore is acutely aware of the threats posed by racism, racial discrimination, xenophobia and related intolerance. In this regard, numerous measures have been taken to combat these scourges and promote social cohesion, religious tolerance and what is referred to as “racial harmony”. Yet, the legitimate goal of searching for racial harmony may have created some blind spots in the measures pursued by the Government and may in fact, and to a certain extent, have further marginalized certain ethnic minorities. In this context, the Special Rapporteur addresses issues related to restrictions on freedom of expression and assembly, the significance of ethnic identity, the situation in the fields of housing, education, employment, as well as human rights issues concerning migrant workers.
Statements
GITHU MUIGAI, the Special Rapporteur on Contemporary forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, noted that in line with the victim oriented approach developed by the Durban Documents it was decided that the focus of this report should be on racial discrimination against the Roma and discrimination based on work and descent. States should always bear in mind that all victims of racial discrimination and other forms of intolerance should receive the same attention and protection as stated in the outcome document of the Durban Review Conference. Furthermore, the Roma people had been victims of historical injustices and they continued to face racial discrimination in a number of regions, including in Europe where they represent a large minority. It was noted that their situation had spurred a number of Governments to develop valuable initiatives and good practices both at the regional and national levels to address their situation, including the adoption of national action plans and strategies for Roma; national laws against racism and racial discrimination; and the development of good practices in the area of education, employment, health and access to justice for instance. The Special Rapporteur welcomed measures at the regional level including within the Council of Europe and the European Union. It was further noted that there were reports of Roma living in unhealthy neighbourhoods without the most basic services and infrastructure, including in slums. In relation to discrimination based on work and descent, the Special Rapporteur noted that his report included information on caste-based occupations and untouchability, where designated tasks were considered ritually polluting and unclean to others in the society. It was noted that the notion of pollution ascribed through work was intertwined with caste-based occupations.

The Special Rapporteur underlined another form of discrimination related to enforced endogamy. It was noted that the practice of intermarriage was condemned and socially discouraged in a number of countries. It was noted that many countries had adopted legislation or applied special policy measures to counter discrimination based on work and descent and some had specialized agencies to tackle such discrimination. Regarding the report on his recent visit to Singapore, Mr. Muigai said that authorities had endeavoured to establish laws, policies and institutions that sought to promote social cohesion, religious tolerance and what Singapore referred to as “racial harmony”. It was noted that despite this that the legitimate goal of searching for racial harmony might have created some blind spots in the measures pursued by the Government. The Special Rapporteur noted that in the report he highlighted some concerns and made recommendations regarding restrictions on the freedom of expression and assembly, significance of ethnic identity, housing, education, employment and migrant workers. Regarding Singapore’s legal and institutional human rights framework, the Special Rapporteur recommended that the Government adopt a stand alone law dedicated to the prohibition of racism, racial discrimination, xenophobia and related intolerance and to revise the constitutional provisions to extend equal human rights protection to all individuals residing in the country.

Interactive Dialogue

AMR ESSAM (Egypt) thanked the Special Rapporteur for his report and expressed appreciation for his valuable work. Humanity had encountered various social ills throughout history that were, more often than not, related to colour, race, religion or belief and had caused many historical atrocities. Regrettably, these same maladies were still witnessed. Egypt fully agreed with the recommendation of the Special Rapporteur to focus on investment in education to address the root causes of racism and racial discrimination. Education was indispensable for the promotion of tolerance, respect for cultural diversity, and the principle of non-discrimination. Egypt would have liked the Special Rapporteur to focus on ways to deal with the weakness or absence in some cases of legal instruments necessary to prohibit incitement to hostility and violence, and to prevent impunity. Egypt asked the Special Rapporteur to focus in the near future on discrimination against people of African descent.

STEVEN PANG CHEE WEE (Singapore), speaking as a concerned country, said that Singapore welcomed the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and stressed that the core principle on which Singapore operated was meritocracy and that there were no guidelines preventing minorities from participating in all sectors of the Government. For example, 42 per cent of judges were ethnic minorities. The Government of Singapore provided programmes to help all students who required assistance, not just children from minority families, and these programmes were being implemented by qualified teachers. In Singapore, there was an open acceptance of equality before the law which was guaranteed in the Constitution. For practical reasons ethnic information was gathered and included in documentation. Ethnicity-based self-help groups were better able to provide effective programs for their community. Issues of ethnicity and religion were sensitive ones, especially in a country that was the size of Singapore and contained nearly 5 million citizens; this necessitated that a balance be struck between free expression and harmony in society. Domestic workers’ rights were covered under the employment act and last year over 100 offenses related to the well-being of domestic workers were prosecuted.

JOELLLE HIVONNET (European Union) thanked the Special Rapporteur for his report and presentation and welcomed the focus on how the European Union, regional organizations, the Council of Europe and the Organization for Security and Cooperation in Europe could address racial discrimination and racism against Roma. In 2000, the European Union adopted comprehensive legislation designed to address discrimination on ethnic or racial grounds. The European Union had also taken a series of measures to take into account the inter-relationship between the racism and racial discrimination, socio-economic marginalization and political exclusion that Roma suffered and had developed awareness-raising campaigns to foster mutual understanding, respect and tolerance. Since 2009, the European Platform for Roma Inclusion had been operating as a forum for dialogue between different stakeholders of Roma inclusion and supported a wide range of national projects designed to support Roma inclusion.

SAEED SARWAR (Pakistan), on behalf of the Organization of the Islamic Conference, noted that the report of the Special Rapporteur drew attention to a number of challenges that revealed deep-rooted problems of intolerance against Roma. Pakistan noted that despite legal, political and institutional initiatives at regional and national levels, the Roma community was forced to face new challenges. It was further noted that last year the international community had witnessed targeted and forceful expulsions of Roma migrants from several European countries to their country of origin. These expulsions were often justified on the basis of security concerns and at times economic grounds. Pakistan noted that the Special Rapporteur in his report observed that shortcomings in addressing caste based discrimination also stemmed from the population itself. Member States of the Organization of the Islamic Conference were interested in knowing the Special Rapporteur’s views on the burning of the Koran in Florida last year.

SERGEY KONDRATIEV (Russian Federation) said that the problems of the Roma, who were being expelled in mass from certain countries, was an important issue which had happened before in Europe. The topic of structural discrimination was new and the Russian Federation requested more information from the Special Rapporteur on this issue. The Russian Federation expected that the forthcoming reports of the Special Rapporteur would include information on the idealization of Nazism and the holding at equal status of those who assisted the Nazis with those who worked for liberation.

JACQUES PELLET (France) thanked the Special Rapporteur for his report and returned to the subject of Roma in France. France said that the assisted-study periods provided for the Roma in France, a policy which had been underlined as segregation of Roma in schools, was a form of assistance provided to all children who did not enjoy mother tongue French abilities to improve their language capacities. When the government undertook the evacuation of unlawful camps occupied by French and foreign citizens, measures were legally taken under the supervision of a judge. The statistic that 8,000 Roma had been repatriated, cited in the Special Rapporteur’s report, was surprising as such data had not been specifically detailed. The social integration of Roma was the only way to effectively improve living conditions and prevent human trafficking. The recommendations in the report included interesting measures which France and the European Union had already undertaken. France had contributed to the European Union framework for national strategies for Roma integration and other efforts in this regard.

ABDUL WAHAB HAIDARA (Senegal) expressed deep concern for the issues raised regarding Senegal in the Special Rapporteur’s report. Senegal was long known for its respect for human rights. The analysis seemed to be based on a report done 10 years ago. The people of Senegal were proud of their origin and descent. There was no discrimination based on caste by official authorities. In Senegal, discrimination against any citizen was prohibited. Senegal stated that it did not have time to fully address the question of caste in Senegal in the time allotted, but confirmed that the enjoyment of fundamental rights and freedoms was full and complete in Senegal.

JOHANNES STRASSER. (Austria) said that it agreed with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance that the Roma were often the victims of racial discrimination. Austria had taken many measures to increase the integration of Roma into society, notably by improving the teaching of minority languages and the involvement of local school mediators to reduce the drop out rate of Roma children in schools. Could the Special Rapporteur outline measures, especially by the private sector, to overcome the discrimination Roma faced in the employment market?

OSITADINMA ANAEDU (Nigeria), on behalf of the African Group, noted that the Special Rapporteur had taken a victim oriented approach to discrimination against the Roma. Nigeria was encouraged to note that a substantial part of the report was devoted to the enormous challenges faced by the Roma people in their quest to realize their political, economic, social and cultural rights realized. Nigeria noted that it was indeed a source of deep concern that the Roma were one of the groups most discriminated against in Europe. This was worrying because it took place in one of the most advanced societies that had in place legal, political and institutional mechanisms both at the national and regional level to protect human rights. It was noted that these conditions were antithetical to European values and remained a blot on the conscience of Europe. It was further noted that it was because they faced appalling discrimination at home that the Roma continued to migrate across Europe. Nigeria stressed the need for affirmative action to redress historical inequalities.

JANET ROMAN ARREDONDO (Cuba), said that despite the various initiatives carried out by countries to combat discrimination against Roma this problem still existed. In most cases, Roma were treated in a way that was denigrating. Cuba agreed with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance that there should be no hierarchy established in the signs of discrimination and that the rights of all people should be protected. In Cuba, since 1959, in-depth economic and social changes had taken place to eliminate discriminatory structures.

MAYSA URENA MENACHO (Bolivia) thanked the Special Rapporteur for his report on discrimination against Roma and discrimination based on work. By its very constitution, Bolivia prohibited all forms of discrimination and had implemented national laws prohibiting discrimination, which had been prepared on the basis of participation of a wide range of people in society. Through a supreme decree, 24 May was declared the national day against all forms of discrimination and racism, which involved public events to raise awareness against discrimination. The National Human Rights Council had been an active partner in the process, including inter-ministerial and multi-stakeholder consultations. Bolivia was firmly committed to the eradication of all forms of discrimination and racism.

BOUALEM CHEBIHI (Algeria), said the topics of the Special Rapporteur were important, but had already been considered by the previous Special Rapporteur and by certain treaty bodies. Host countries of the Roma were developed countries which had the means to address their situation. Algeria hoped the Special Rapporteur would address the issue of the rise of racism and xenophobia against migrants due to the economic crisis, and especially the recent discrimination faced by North African migrants.

GOPINATHAN ACHAMKULANGARE (India) requested that the full version of its statement be placed on record and on the intranet. India categorically rejected the observations of the Special Rapporteur on the issue of discrimination based on work and descent, which India considered to be flawed on procedural, conceptual and legal grounds. There had been deliberate attempts, arising from motivated groups, to include discrimination based on work and descent on the agenda and program of action of the Durban Conference and these had been rejected roundly and firmly. India would not make any claim that instances based on caste-based discrimination did not exist in Indian society, but would assert that such instances had been sought to be described as racism on the basis of a dubious assertion. The Special Rapporteur and his benefactors had sought to shift the essential focus of the debate under racism. Rather than focusing on the racist treatment meted out to Africans and people of African descent, Arabs, Asians and people of Asian descent, migrants, refugees, asylum-seekers, and persons belonging to minorities, they were asserting that these people practiced racism against one another in their own countries. India never shied away from discussing caste, but refused to discuss the matter in the manner being attempted.

SEYED HOSSEIN ZOLFAGHARI (Iran), said it was a well known fact that Roma experienced genocide during the Second World War and since then have suffered from different forms of racism and racial discrimination, especially in Europe. Unfortunately, the Roma faced a large surge of expulsions from a number of European countries, especially from France. Racism with its different manifestations had entered into political circles. What measures would the Special Rapporteur recommend for addressing the threatening issue of racism at both the national and international levels, and were there plans to examine the issue of racism which led to Islamophobia among certain political circles in his future work?

IMAD ZUHAIRI (Palestine) on behalf of the Arab Group, thanked the Special Rapporteur for his efforts and for tracing the various forms of racial discrimination based on work and descent. Palestine noted that the incidents of racism were becoming increasingly frequent and were giving rise to great concern related to stereotypes based on race and religion. Racism was used for political purposes, disseminated hatred and marginalized certain groups. Palestine noted with great concern that some communities had been targeted, such as the Roma, which prevented communities from enjoying human rights. Palestine also noted that discrimination based on religion and Islamophobia was on the rise. Palestine stressed that discrimination against members of the Arab community was on the rise, legitimized for security purposes and seen in diverse areas such as health care and education. Palestine supported the Special Rapporteur in stressing education to improve respect for human rights and tolerance for preventing discrimination.

ROBERTO NOCELLA (Italy), said that with reference to Roma and Sinti communities the Government of Italy wished to reiterate its commitment to their social inclusion as well as to enduring efforts toward providing them with better human housing conditions, the enrolment of minors into the education system, better employment opportunities and the full enjoyment of human rights, including civic and political ones. Italian legislation punished the setting up of organizations, associations, movements or groups which incite discrimination or violence for racial, ethnic and or religious reasons and the law included a special aggravating circumstance for all crimes committed with a view to discrimination or racial hatred.

MARTIN ROCH (Switzerland), said that the question of the integration of the Roma and traveller communities needed to continue receiving the attention of the international community and said it was important for concerned countries to confirm their commitments to their socio-economic integration. Efforts needed to focus on the right to education, adequate living standards and the full enjoyment of their social and political rights. Switzerland wished to hear from the Special Rapporteur about the measures, apart from education, that could help combat structural discrimination against the Roma.

VERONIKA STROMSIKOVA (Czech Republic), said that as part of the government’s human rights policy it continued to focus on the elimination of discrimination against the Roma minority. It noted that the Czech agency for social inclusion aimed at overcoming the difficulties faced by the Roma community by establishing partnerships at the local level and helping to create a climate of mutual understanding. The government had not remained passive and despite the financial crisis and heavy budgetary constraints it had allocated considerable funds to tackle the problem, including the Concept for Roma Integration for 2010 to 2013 which included concrete measures to improve the situation of Roma communities in areas such as education, housing and employment. As part of a continued effort to eliminate discrimination against Roma children the Czech government had prepared a national action plan to integrate Roma children into mainstream education.

FRANKLIN RODRIGUES HOYER (Brazil) commended the presentation of the Special Rapporteur on discrimination against Roma and discrimination based on work and descent. Brazil shared the Special Rapporteur’s views and recommendation to adopt a victim-oriented approach for addressing the needs of the victims, who should receive needed support. From a lack of access to health, education and justice to citizenship rights and political participation, the Roma were affected by many types of discrimination in every sphere of their lives. Preventing this was not only a human rights obligation, but also a moral and human imperative. Commitments should be translated into actions that ranged from changing minds and building more tolerant societies to guaranteeing that rights were not abstract ideas and that needs were not only distant expectations. In Brazil, challenges remained regarding the full promotion of the rights of Gypsy communities. The government had increased efforts to ensure the enjoyment of human rights for this population.

SAEED SARWAR (Pakistan), said that Pakistan attached immense importance to the mandate of the Special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance and said that the focus of the report on structural discrimination against the Roma communities required the attention of the international community. Their denial of rights in host communities, largely in Europe, resulted in their isolation from the fruits of development. The Special Rapporteur also highlighted the plight of people suffering cast-based discrimination, which remained deeply rooted in many societies around the world, particularly for the untouchables. Pakistan agreed with the conclusion of the Special Rapporteur on the need to collect data and devise appropriate strategies to combat caste-based discrimination.

BAARD HJELDE (Norway), noted that the report further confirmed that the situation for the Roma population remained precarious despite various attempts on institutional, national and regional levels to remedy the situation for this recognized vulnerable, minority group. Norway highlighted the importance for States to invest in education for Roma children and youth, especially girls. They further noted that full access must be given and firm measures should be taken to eliminate racial prejudices and harassment of the Roma children in schools. Norway acknowledged the Special Rapporteur’s reference to the statistic that 250 million people around the world were at risk of human rights violations on the grounds of caste and other systems based on inherited status, identifying various forms of discrimination triggered by such systems of inherited status. Norway noted that discrimination on the grounds of descent constituted a form of racial discrimination prohibited by the convention.

EDGARDO TORO CARRENO (Venezuela) said it was grateful for the report prepared by the Special Rapporteur and expressed support for his mandate. Venezuela highlighted the work of the Special Rapporteur on the Roma, where insufficient efforts had been made to ensure the population fully enjoyed its human rights and to prevent the Roma people from suffering from grave and profound problems of racism and racial discrimination. Currently, Venezuela was carrying out efforts to prevent racism, discrimination and other forms of intolerance in Venezuela and reaffirmed its commitment to preventing discrimination based on race, nationality and religion.

SUSAN WILDING (South Africa), said that South Africa had hoped that the focus of the report of the Special Rapporteur on racism would be on best practices in the fight against racism in the context of the tenth anniversary of the Durban Declaration and Programme of Action. South Africa was not seeking in any way to prescribe to the Special Rapporteur how to execute his mandate, but it did not support the approach of naming and shaming countries and expressed its disappointment in this regard. South Africa asked the Special Rapporteur to provide further clarification on the extent to which he had involved victims or victims communities in identifying strategies aimed at eradicating the identified scourges. South Africa noted that political will of countries in addressing racism and racial discrimination was demonstrated when countries implemented laws and policies, measures and strategies aimed at eradicating those scourges.

DAISUKE SHIRANE, of International Movement against All Forms of Discrimination and Racism, noted that while regional initiatives could play a role in creating solutions, each State had its own responsibility to take concrete actions and create tangible outcomes in the society in order to eliminate discrimination against Roma and protect their human rights. The emergent issues to be addressed included racial violence, hate speech and hate crimes against the Roma and incitement thereto. The speaker noted that the situation was alarming in some European countries where even public officials and politicians were using anti-Roma rhetoric and making racial statements. The International Movement against All Forms of Discrimination and Racism said regarding discrimination based on work and descent, it highly appreciated the continuing efforts of the Special Rapporteur to address the issue and expressed sincere support. They urged the government of Sri Lanka to accept the request of the Special Rapporteur to visit the country in order to study the racial dimension of the conflict and to facilitate the reconciliation and sustainable peace building.

GIANFRANCO FATTORINI, of Mouvement contre le racisme et pour l’amitié entre les peuples, welcomed the focus of the report on the discrimination of the Roma communities and noted that States were in no hurry to address their rights and participation in public life. Mouvement contre le racisme et pour l’amitié entre les peuples supported the analysis on structural discrimination which was the same for discrimination of other minorities in Europe and noted that the Special Rapporteur should study causes of structural discrimination

LAURENCE KWARK, of Pax Romana, said that the discrimination of the Roma took place in a number of areas. A number of South Asian countries did not have an adequate legal framework to address caste-based discrimination nor did they recognise that this discrimination was a facet of racial discrimination. There was an increase in caste-based discrimination, particularly in India. Pax Romana believed that the best way to combat impunity was to hold perpetrators accountable and called on all concerned countries to prosecute perpetrators of discrimination.

Concluding Remarks

GITHU MUIGAI, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, thanked delegations for their comments and stated he would take into consideration their comments and questions in his future work. This marked the end of his term as Special Rapporteur and Mr. Muigai thanked the delegations for the very constructive dialogue. Mr. Muigai respected the various opinions expressed and understood the depth of feeling expressed regarding these issues. In taking these positions and interpreting the law as he did, the Special Rapporteur had not done so at the behest of any party or authority, although there were probably professional and intellectual weaknesses for which he took full responsibility. He reiterated that he entertained no doubt whatsoever that for a Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance, the issue of caste and work-based discrimination was squarely within the mandate. Regarding the Roma in Europe, he said that in his report he made several recommendations in this regard and appreciated that no country could adopt wholesale what worked in another country, which was why the Special Rapporteur had provided a wide range of recommendations. Regarding the issue of Islamophobia, Mr. Muigai was sympathetic to the issue, which had been the subject of a report he previously submitted to the Council, but stated that the current report was not the report to deal with the issue. Relating to the issue raised by South Africa of naming and shaming, he did not know how to report on an issue without a specific reference to geographic location. It was not his intention to shame or embarrass any State, reference to location was used to contextualize the issues raised. Mr. Muigai said he would not write a report without speaking to victims.

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