International Convention on the Elimination of All Forms of Racial Discrimination
adopted by the U.N. General Assembly
entered into force Jan. 4, 1969
The States Parties to this Convention,
Considering that the Charter of the United Nations is based
on the principles of the dignity and equality inherent in all
human beings, and that all Member States have pledged themselves
to take joint and separate action, in co-operation with the Organization,
for the achievement of one of the purposes of the United Nations
which is to promote and encourage universal respect for and observance
of human rights and fundamental freedoms for all, without distinction
as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights
proclaims that all human beings are born free and equal in dignity
and rights and that everyone is entitled to all the rights and
freedoms set out therein, without distinction of any kind, in
particular as to race, colour or national origin,
Considering that all human beings are equal before the law
and are entitled to equal protection of the law against any discrimination
and against any incitement to discrimination,
Considering that the United Nations has condemned colonialism
and all practices of segregation and discrimination associated
therewith, in whatever form and wherever they exist, and that
the Declaration on the Granting of Independence to Colonial Countries
and Peoples of 14 December 1960 (General Assembly resolution
1514 (XV)) has affirmed and solemnly proclaimed the necessity
of bringing them to a speedy and unconditional end,
Considering that the United Nations Declaration on the Elimination
of All Forms of Racial Discrimination of 20 November 1963 (General
Assembly resolution 1904 (XVIII)) solemnly affirms the necessity
of speedily eliminating racial discrimination throughout the
world in all its forms and manifestations and of securing understanding
of and respect for the dignity of the human person,
Convinced that any doctrine of superiority based on racial
differentiation is scientifically false, morally condemnable,
socially unjust and dangerous, and that there is no justification
for racial discrimination, in theory or in practice, anywhere,
Reaffirming that discrimination between human beings on the
grounds of race, colour or ethnic origin is an obstacle to friendly
and peaceful relations among nations and is capable of disturbing
peace and security among peoples and the harmony of persons living
side by side even within one and the same State,
Convinced that the existence of racial barriers is repugnant
to the ideals of any human society,
Alarmed by manifestations of racial discrimination still in
evidence in some areas of the world and by governmental policies
based on racial superiority or hatred, such as policies of apartheid,
segregation or separation,
Resolved to adopt all necessary measures for speedily eliminating
racial discrimination in all its forms and manifestations, and
to prevent and combat racist doctrines and practices in order
to promote understanding between races and to build an international
community free from all forms of racial segregation and racial
discrimination,
Bearing in mind the Convention concerning Discrimination in
respect of Employment and Occupation adopted by the International
Labour Organisation in 1958, and the Convention against Discrimination
in Education adopted by the United Nations Educational, Scientific
and Cultural Organization in 1960,
Desiring to implement the principles embodied in the United
Nations Declaration on the Elimination of Al l Forms of Racial
Discrimination and to secure the earliest adoption of practical
measures to that end,
Have agreed as follows:
PART I
Article I
1. In this Convention, the term "racial discrimination"
shall mean any distinction, exclusion, restriction or preference
based on race, colour, descent, or national or ethnic origin
which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of human
rights and fundamental freedoms in the political, economic, social,
cultural or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this Convention
between citizens and non-citizens.
3. Nothing in this Convention may be interpreted as affecting
in any way the legal provisions of States Parties concerning
nationality, citizenship or naturalization, provided that such
provisions do not discriminate against any particular nationality.
4. Special measures taken for the sole purpose of securing
adequate advancement of certain racial or ethnic groups or individuals
requiring such protection as may be necessary in order to ensure
such groups or individuals equal enjoyment or exercise of human
rights and fundamental freedoms shall not be deemed racial discrimination,
provided, however, that such measures do not, as a consequence,
lead to the maintenance of separate rights for different racial
groups and that they shall not be continued after the objectives
for which they were taken have been achieved.
Article 2
1. States Parties condemn racial discrimination and undertake
to pursue by all appropriate means and without delay a policy
of eliminating racial discrimination in all its forms and promoting
understanding among all races, and, to this end:
(a) Each State Party undertakes to engage in no act or practice
of racial discrimination against persons, groups of persons or
institutions and to en sure that all public authorities and public
institutions, national and local, shall act in conformity with
this obligation;
(b) Each State Party undertakes not to sponsor, defend or
support racial discrimination by any persons or organizations;
(c) Each State Party shall take effective measures to review
governmental, national and local policies, and to amend, rescind
or nullify any laws and regulations which have the effect of
creating or perpetuating racial discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to an end, by
all appropriate means, including legislation as required by circumstances,
racial discrimination by any persons, group or organization;
(e) Each State Party undertakes to encourage, where appropriate,
integrationist multiracial organizations and movements and other
means of eliminating barriers between races, and to discourage
anything which tends to strengthen racial division. 2. States
Parties shall, when the circumstances so warrant, take, in the
social, economic, cultural and other fields, special and concrete
measures to ensure the adequate development and protection of
certain racial groups or individuals belonging to them, for the
purpose of guaranteeing them the full and equal enjoyment of
human rights and fundamental freedoms. These measures shall in
no case en tail as a con sequence the maintenance of unequal
or separate rights for different racial groups after the objectives
for which they were taken have been achieved.
Article 3
States Parties particularly condemn racial segregation and
apartheid and undertake to prevent, prohibit and eradicate all
practices of this nature in territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations
which are based on ideas or theories of superiority of one race
or group of persons of one colour or ethnic origin, or which
attempt to justify or promote racial hatred and discrimination
in any form, and undertake to adopt immediate and positive measures
designed to eradicate all incitement to, or acts of, such discrimination
and, to this end, with due regard to the principles embodied
in the Universal Declaration of Human Rights and the rights expressly
set forth in article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination
of ideas based on racial superiority or hatred, incitement to
racial discrimination, as well as all acts of violence or incitement
to such acts against any race or group of persons of another
colour or ethnic origin, and also the provision of any assistance
to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and
also organized and all other propaganda activities, which promote
and incite racial discrimination, and shall recognize participation
in such organizations or activities as an offence punishable
by law;
(c) Shall not permit public authorities or public institutions,
national or local, to promote or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in
article 2 of this Convention, States Parties undertake to prohibit
and to eliminate racial discrimination in all its forms and to
guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the
law, notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals and
all other organs administering justice;
(b) The right to security of person and protection by the
State against violence or bodily harm, whether inflicted by government
officials or by any individual group or institution;
(c) Political rights, in particular the right to participate
in elections-to vote and to stand for election-on the basis of
universal and equal suffrage, to take part in the Government
as well as in the conduct of public affairs at any level and
to have equal access to public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within
the border of the State;
(ii) The right to leave any country, including one's own,
and to return to one's country;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as in association
with others;
(vi) The right to inherit;
(vii) The right to freedom of thought, conscience and religion;
(viii) The right to freedom of opinion and expression;
(ix) The right to freedom of peaceful assembly and association;
(e) Economic, social and cultural rights, in particular:
(i) The rights to work, to free choice of employment, to just
and favourable conditions of work, to protection against unemployment,
to equal pay for equal work, to just and favourable remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public health, medical care, social security
and social services;
(v) The right to education and training; (vi) The right to
equal participation in cultural activities;
(f) The right of access to any place or service intended for
use by the general public, such as
transport, hotels, restaurants, cafés, theatres
and parks.
Article 6
States Parties shall assure to everyone within their jurisdiction
effective protection and remedies, through the competent national
tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental
freedoms contrary to this Convention, as well as the right to
seek from such tribunals just and adequate reparation or satisfaction
for any damage suffered as a result of such discrimination.
Article 7
States Parties undertake to adopt immediate and effective
measures, particularly in the fields of teaching, education,
culture and information, with a view to combating prejudices
which lead to racial discrimination and to promoting understanding,
tolerance and friendship among nations and racial or ethnical
groups, as well as to propagating the purposes and principles
of the Charter of the United Nations, the Universal Declaration
of Human Rights, the United Nations Declaration on the Elimination
of All Forms of Racial Discrimination, and this Convention.
PART II
Article 8
1. There shall be established a Committee on the Elimination
of Racial Discrimination (hereinafter referred to as the Committee)
consisting of eighteen experts of high moral standing and acknowledged
impartiality elected by States Parties from among their nationals,
who shall serve in their personal capacity, consideration being
given to equitable geographical distribution and to the representation
of the different forms of civilization as well as of the principal
legal systems.
2. The members of the Committee shall be elected by secret
ballot from a list of persons nominated by the States Parties.
Each State Party may nominate one person from among its own nationals.
3. The initial election shall be held six months after the
date of the entry into force of this Convention. At least three
months before the date of each election the Secretary-General
of the United Nations shall address a letter to the States Parties
inviting them to submit their nominations within two months.
The Secretary-General shall prepare a list in alphabetical order
of all persons thus nominated, indicating the States Parties
which have nominated them, and shall submit it to the States
Parties.
4. Elections of the members of the Committee shall be held
at a meeting of States Parties convened by the Secretary-General
at United Nations Headquarters. At that meeting, for which two
thirds of the States Parties shall constitute a quorum, the persons
elected to the Committee shall be nominees who obtain the largest
number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
5.
(a) The members of the Committee shall be elected for a term
of four years. However, the terms of nine of the members elected
at the first election shall expire at the end of two years; immediately
after the first election the names of these nine members shall
be chosen by lot by the Chairman of the Committee;
(b) For the filling of casual vacancies, the State Party whose
expert has ceased to function as a member of the Committee shall
appoint another expert from among its nationals, subject to the
approval of the Committee.
6. States Parties shall be responsible for the expenses of
the members of the Committee while they are in performance of
Committee duties.
Article 9
1. States Parties undertake to submit to the Secretary-General
of the United Nations, for consideration by the Committee, a
report on the legislative, judicial, administrative or other
measures which they have adopted and which give effect to the
provisions of this Convention:
(a) within one year after the entry into force of the Convention
for the State concerned; and
(b) thereafter every two years and whenever the Committee
so requests. The Committee may request further information from
the States Parties.
2. The Committee shall report annually, through the Secretary
General, to the General Assembly of the United Nations on its
activities and may make suggestions and general recommendations
based on the examination of the reports and information received
from the States Parties. Such suggestions and general recommendations
shall be reported to the General Assembly together with comments,
if any, from States Parties.
Article 10
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two
years.
3. The secretariat of the Committee shall be provided by the
Secretary General of the United Nations.
4. The meetings of the Committee shall normally be held at
United Nations Headquarters.
Article 11
1. If a State Party considers that another State Party is
not giving effect to the provisions of this Convention, it may
bring the matter to the attention of the Committee. The Committee
shall then transmit the communication to the State Party concerned.
Within three months, the receiving State shall submit to the
Committee written explanations or statements clarifying the matter
and the remedy, if any, that may have been taken by that State.
2. If the matter is not adjusted to the satisfaction of both
parties, either by bilateral negotiations or by any other procedure
open to them, within six months after the receipt by the receiving
State of the initial communication, either State shall have the
right to refer the matter again to the Committee by notifying
the Committee and also the other State.
3. The Committee shall deal with a matter referred to it in
accordance with paragraph 2 of this article after it has ascertained
that all available domestic remedies have been invoked and exhausted
in the case, in conformity with the generally recognized principles
of international law. This shall not be the rule where the application
of the remedies is unreasonably prolonged.
4. In any matter referred to it, the Committee may call upon
the States Parties concerned to supply any other relevant information.
5. When any matter arising out of this article is being considered
by the Committee, the States Parties concerned shall be entitled
to send a representative to take part in the proceedings of the
Committee, without voting rights, while the matter is under consideration.
Article 12
1.
(a) After the Committee has obtained and collated all the
information it deems necessary, the Chairman shall appoint an
ad hoc Conciliation Commission (hereinafter referred to as the
Commission) comprising five persons who may or may not be members
of the Committee. The members of the Commission shall be appointed
with the unanimous consent of the parties to the dispute, and
its good offices shall be made available to the States concerned
with a view to an amicable solution of the matter on the basis
of respect for this Convention;
(b) If the States Parties to the dispute fail to reach agreement within
three months on all or part of the composition of the Commission, the members
of the Commission not agreed upon by the States parties to the dispute shall
be elected by secret ballot by a two-thirds majority vote of the Committee
from among its own members.
2. The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States parties to
the dispute or of a State not Party to this Convention.
3. The Commission shall elect its own Chairman and adopt its
own rules of procedure.
4. The meetings of the Commission shall normally be held at
United Nations Headquarters or at any other convenient place
as determined by the Commission.
5. The secretariat provided in accordance with article 10,
paragraph 3, of this Convention shall also service the Commission
whenever a dispute among States Parties brings the Commission
into being.
6. The States parties to the dispute shall share equally all
the expenses of the members of the Commission in accordance with
estimates to be provided by the Secretary-General of the United
Nations.
7. The Secretary-General shall be empowered to pay the expenses
of the members of the Commission, if necessary, before reimbursement
by the States parties to the dispute in accordance with paragraph
6 of this article.
8. The information obtained and collated by the Committee
shall be made available to the Commission, and the Commission
may call upon the States concerned to supply any other relevant
information.
Article 13
1. When the Commission has fully considered the matter, it
shall prepare and submit to the Chairman of the Committee a report
embodying its findings on all questions of fact relevant to the
issue between the parties and containing such recommendations
as it may think proper for the amicable solution of the dispute.
2. The Chairman of the Committee shall communicate the report
of the Commission to each of the States parties to the dispute.
These States shall, within three months, inform the Chairman
of the Committee whether or not they accept the recommendations
contained in the report of the Commission.
3. After the period provided for in paragraph 2 of this article,
the Chairman of the Committee shall communicate the report of
the Commission and the declarations of the States Parties concerned
to the other States Parties to this Convention.
Article 14
1. A State Party may at any time declare that it recognizes
the competence of the Committee to receive and consider communications
from individuals or groups of individuals within its jurisdiction
claiming to be victims of a violation by that State Party of
any of the rights set forth in this Convention. No communication
shall be received by the Committee if it concerns a State Party
which has not made such a declaration.
2. Any State Party which makes a declaration as provided for
in paragraph I of this article may establish or indicate a body
within its national legal order which shall be competent to receive
and consider petitions from individuals and groups of individuals
within its jurisdiction who claim to be victims of a violation
of any of the rights set forth in this Convention and who have
exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this
article and the name of any body established or indicated in
accordance with paragraph 2 of this article shall be deposited
by the State Party concerned with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other
States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General, but such a withdrawal
shall not affect communications pending before the Committee.
4. A register of petitions shall be kept by the body established
or indicated in accordance with paragraph 2 of this article,
and certified copies of the register shall be filed annually
through appropriate channels with the Secretary-General on the
understanding that the contents shall not be publicly disclosed.
5. In the event of failure to obtain satisfaction from the
body established or indicated in accordance with paragraph 2
of this article, the petitioner shall have the right to communicate
the matter to the Committee within six months.
6.
(a) The Committee shall confidentially bring any communication
referred to it to the attention of the State Party alleged to
be violating any provision of this Convention, but the identity
of the individual or groups of individuals concerned shall not
be revealed without his or their express consent. The Committee
shall not receive anonymous communications;
(b) Within three months, the receiving State shall submit
to the Committee written explanations or statements clarifying
the matter and the remedy, if any, that may have been taken by
that State.
7.
(a) The Committee shall consider communications in the light
of all information made available to it by the State Party concerned
and by the petitioner. The Committee shall not consider any communication
from a petitioner unless it has ascertained that the petitioner
has exhausted all available domestic remedies. However, this
shall not be the rule where the application of the remedies is
unreasonably prolonged;
(b) The Committee shall forward its suggestions and recommendations,
if any, to the State Party concerned and to the petitioner.
8. The Committee shall include in its annual report a summary
of such communications and, where appropriate, a summary of the
explanations and statements of the States Parties concerned and
of its own suggestions and recommendations.
9. The Committee shall be competent to exercise the functions
provided for in this article only when at least ten States Parties
to this Convention are bound by declarations in accordance with
paragraph I of this article.
Article 15
1 . Pending the achievement of the objectives of the Declaration
on the Granting of Independence to Colonial Countries and Peoples,
contained in General Assembly resolution 1514 (XV) of 14 December
1960, the provisions of this Convention shall in no way limit
the right of petition granted to these peoples by other international
instruments or by the United Nations and its specialized agencies.
2.
(a) The Committee established under article 8, paragraph 1,
of this Convention shall receive copies of the petitions from,
and submit expressions of opinion and recommendations on these
petitions to, the bodies of the United Nations which deal with
matters directly related to the principles and objectives of
this Convention in their consideration of petitions from the
inhabitants of Trust and Non-Self-Governing Territories and all
other territories to which General Assembly resolution 1514 (XV)
applies, relating to matters covered by this Convention which
are before these bodies;
(b) The Committee shall receive from the competent bodies
of the United Nations copies of the reports concerning the legislative,
judicial, administrative or other measures directly related to
the principles and objectives of this Convention applied by the
administering Powers within the Territories mentioned in subparagraph
(a) of this paragraph, and shall express opinions and make recommendations
to these bodies.
3. The Committee shall include in its report to the General
Assembly a summary of the petitions and reports it has received
from United Nations bodies, and the expressions of opinion and
recommendations of the Committee relating to the said petitions
and reports.
4. The Committee shall request from the Secretary-General
of the United Nations all information relevant to the objectives
of this Convention and available to him regarding the Territories
mentioned in paragraph 2 (a) of this article.
Article 16
The provisions of this Convention concerning the settlement
of disputes or complaints shall be applied without prejudice
to other procedures for settling disputes or complaints in the
field of discrimination laid down in the constituent instruments
of, or conventions adopted by, the United Nations and its specialized
agencies, and shall not prevent the States Parties from having
recourse to other procedures for settling a dispute in accordance
with general or special international agreements in force between
them.
PART III
Article 17
1. This Convention is open for signature by any State Member
of the United Nations or member of any of its specialized agencies,
by any State Party to the Statute of the International Court
of Justice, and by any other State which has been invited by
the General Assembly of the United Nations to become a Party
to this Convention.
2. This Convention is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.
Article 18
1. This Convention shall be open to accession by any State
referred to in article 17, paragraph 1, of the Convention. 2.
Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
Article 19
1. This Convention shall enter into force on the thirtieth
day after the date of the deposit with the Secretary-General
of the United Nations of the twenty-seventh instrument of ratification
or instrument of accession.
2. For each State ratifying this Convention or acceding to
it after the deposit of the twenty-seventh instrument of ratification
or instrument of accession, the Convention shall enter into force
on the thirtieth day after the date of the deposit of its own
instrument of ratification or instrument of accession.
Article 20
1. The Secretary-General of the United Nations shall receive
and circulate to all States which are or may become Parties to
this Convention reservations made by States at the time of ratification
or accession. Any State which objects to the reservation shall,
within a period of ninety days from the date of the said communication,
notify the Secretary-General that it does not accept it.
2. A reservation incompatible with the object and purpose
of this Convention shall not be permitted, nor shall a reservation
the effect of which would inhibit the operation of any of the
bodies established by this Convention be allowed. A reservation
shall be considered incompatible or inhibitive if at least two
thirds of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification
to this effect addressed to the Secretary-General. Such notification
shall take effect on the date on which it is received.
Article 21
A State Party may denounce this Convention by written notification
to the Secretary-General of the United Nations. Denunciation
shall take effect one year after the date of receipt of the notification
by the Secretary General.
Article 22
Any dispute between two or more States Parties with respect
to the interpretation or application of this Convention, which
is not settled by negotiation or by the procedures expressly
provided for in this Convention, shall, at the request of any
of the parties to the dispute, be referred to the International
Court of Justice for decision, unless the disputants agree to
another mode of settlement.
Article 23
1. A request for the revision of this Convention may be made
at any time by any State Party by means of a notification in
writing addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide
upon the steps, if any, to be taken in respect of such a request.
Article 24
The Secretary-General of the United Nations shall inform all
States referred to in article 17, paragraph 1, of this Convention
of the following particulars:
(a) Signatures, ratifications and accessions under articles
17 and 18;
(b) The date of entry into force of this Convention under
article 19;
(c) Communications and declarations received under articles
14, 20 and 23;
(d) Denunciations under article 21.
Article 25
1. This Convention, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited
in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies
of this Convention to all States belonging to any of the categories mentioned
in article 17, paragraph 1, of the Convention.
|
|
|
|