The International Convention on the Elimination of All Forms of Racial Discrimination

The ICERD 1966 was one of the first human rights treaties to be adopted by the United
Nations (UN). The Convention is widely supported, with 180 state parties and 88 signatories.

What is racial discrimination?

Under the Convention, racial discrimination is where a person or a group is treated differently
because of their race, colour, descent, national origin or ethnic origin and this treatment impairs,
or is intended to impair, their human rights and fundamental freedoms.

For example
an act is racially discriminatory if a person is denied a service or employment because of his or
her race or ethnicity, or when a law or policy impacts unfairly on a particular racial or ethnic
group.

The Convention
permits distinctions between citizens and non-citizens; but not between different groups of non-
citizens.

All Human Rights

in the political, economic, social, cultural and other fields of public life are to be ensured to
everyone without racial discrimination.

Article 5 of the Convention sets out an illustrative list.

The Convention indicates that there is one type of act, called a special measure which is not
discriminatory, even though it involves treating particular racial, ethnic or national groups or
individuals differently. Special measures are initiatives intended to ensure the ‘ adequate
advancement of certain racial groups who require support to be able to enjoy their human rights
and fundamental freedoms in full equality.

Special measures are not only permitted by the Convention; they are also required when
necessary.

What do States agree to when they sign the Convention?

When a State ratifies the Convention it undertakes:

not to engage
in any act or practice of racial discrimination against individuals, groups of persons or
institutions, and to ensure that public authorities and institutions do likewise

not to sponsor,
defend or support racial discrimination by any persons or organizations to review
government,
 national and local policies, and amend or repeal laws and regulations which create or
perpetuate racial discrimination

to prohibit and put a stop

to racial discrimination by persons, groups and organisations

to prohibit organizations and propaganda

that promote racial superiority, racial hatred, racial violence or racial discrimination

to ensure effective protection and remedies

for victims of racial discrimination

to take special measures,

as necessary, to ensure that disadvantaged racial groups have full and equal access to
human rights and fundamental freedoms, and

to combat the prejudices

that lead to racial discrimination, and eliminate the barriers between races, through the
use of education and information, and by encouraging integrationist or multiracial
organisations and movements.

Monitoring mechanisms
There are three principal mechanisms available to the Committee to monitor whether States are
implementing the Convention:

1. Communications by individuals
2. Periodic reports by States, and
3. The Early Warning and Urgent Procedure.

Note: The opinions, recommendations and suggestions of the Committee have no binding legal
force and there are no sanctions for failure to comply with them. Nevertheless, due regard to the
Committee’s views is important to the international reputation of States.

1. Communications by individuals

Individuals or groups
who claim to be victims of racial discrimination can lodge a complaint against their State with the
Committee. Such complaints are called communications. This procedure is only available if the
country concerned has declared that it recognizes the competence of the Committee to hear
individual complaints

Complainant
As a general rule, organisations cannot submit complaints. However, in exceptional
circumstances, the Committee will consider a communication submitted on behalf of an
alleged victim who is unable to do so himself or herself.

Respondent
A communication must cite the action of a State party to the Convention. It is not possible to
complain about the actions of another individual, an organisation, a corporation or a State or
Territory government.

Domestic remedies
Before lodging a communication, the complainant must have exhausted all available remedies.
.
Procedures
Once the Committee accepts a communication, it invites the State party to respond, considers
all information provided by both parties, debates and then decides the matter. The Committee’s
decisions are forwarded to both parties and published as Jurisprudence.

2. Periodic reports by States

The Convention
requires that State parties report to the Committee every two years outlining the legislative,
judicial, administrative or other measures that have been adopted to give effect to the
Convention.

In these written reports, States should provide information on government activities relevant to
the Convention, as well as details about the ethnic, demographic, socio-economic and cultural
characteristics of the country and its population.

Procedures
A member of the Committee is designated the Country Rapporteur for each State party. The
role of the Country Rapporteur is to undertake a detailed analysis of the State report and to
prepare issues, comments and questions to be presented to the State’s representative when the
report is considered by the Committee during one of its twice-yearly sessions. The Country
Rapporteur may consider information from any source, including UN agencies, international
NGOs, the State’s national human rights institution and domestic NGOs.

Once the Committee has scrutinised the report and discussed it with the State’s representative,
it adopts its Concluding Observations.

The Concluding Observations critique the State report noting both positive aspects and matters
of concern and making suggestions and recommendations. The Concluding Observations are
public documents.

Since 1995, if States are very overdue in submitting their reports, the Committee may consider
the situation in that country without the benefit of a State report.
3. The Early Warning and Urgent Procedure Rationale

The Early Warning and Urgent Procedure

came into effect in 1993 to enable the Committee to try to prevent violations of the Convention
by intervening before they became serious. It was developed as an extension of the periodic
reporting process, described above, but the procedure can be initiated whether or not a State
has submitted its reports.

The Procedure is used where there is a serious situation of racial discrimination which is
unaddressed, for example, appeals to racial intolerance by political leaders or significant
patterns of discrimination as evidenced in social and economic indicators.

Procedures
The Procedure is essentially a request by the Committee to a State for ‘ further information’
about a particular issue of concern (as permitted by article 9 of the Convention). No specific
rules of procedure or criteria have been developed for the Early Warning and Urgent Procedure,
but the Committee is guided by its 1993 Working Paper in activating it.

After the Committee considers the State reply and other relevant information, it issues a formal
Decision on the matter. It may bring the matter to the attention of the UN High Commissioner for
Human Rights, the UN Secretary-General or the General Assembly. With the agreement of the
State concerned, the Committee may also undertake technical cooperation missions (called
Good Offices) to the country concerned.