International Convention on the Elimination of All Forms
of Racial Discrimination
Adopted and opened for signature and ratification by
General Assembly resolution 2106 (XX) of 21 December 1965
entry into force 4 January 1969, in accordance with Article 19
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, cafes,
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. (amendment (see General Assembly resolution 47/111 of 16 December
1992); status
of ratification)
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.
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