- Full text of the International Convention on the Elimination of All Forms of Racial Discrimination: EN, CH
The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) was adopted in 1965 by the UN General Assembly, and entered into force in 1969. With 175 state parties as of 2014, CERD is one of the most widely ratified human rights treaties. The CERD defines racial discrimination as “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,” and sets out state parties’ obligations to combat racial discrimination by, for instance:
- Eliminating all forms of racial discrimination and promoting understanding among all races;
- Eradicating racial segregation and the crime of apartheid within their jurisdictions;
- Eradicating all incitement to racial hatred and discrimination;
- Guaranteeing the right of everyone, without distinction as to race, colour, or national origin, to equality before law and enjoyment of fundamental rights;
- Ensuring effective judicial protection and remedies; and
- Adopting measures to combat prejudices and promote understanding and tolerance among racial or ethnic groups.
In addition, the CERD establishes the Committee on the Elimination of Racial Discrimination (“the Committee”), a group of 18 independent experts who meet twice a year in Geneva. This is the first UN human rights treaty body. The Committee provides guidance for and also monitors each state party’s compliance with the CERD by drafting general comments on the scope of the treaty obligations, convening thematic discussions regarding racial discrimination, and conducting reviews of state parties’ progress in implementing the treaty. The Committee may also issue decisions under its early warnings and urgent action procedures to prevent and limit serious patterns of racial discriminations, address escalating racial hatred and violence, and accept individual complaints and communications alleging a state party’s violation of rights under the Convention where that state has recognized the competence of the Committee for this purpose. As of mid-2014, China has not yet recognized the Committee’s competence to receive individual communications, and therefore the Committee may not accept individual complaints related to China.
To comply with the review process, each state party must submit a report to the Committee every two years on steps taken to implement the Convention, but, in practice, reports are often combined and reviewed every four or more years. To prepare for a state party’s review, the Committee designates one of its members as the “Country Rapporteur,” who takes the lead in drafting documents for and conducting the state party’s review. One such document is the “list of themes,” which provides a non-exhaustive list of topics that should be raised during the interactive dialogue session of the review. Unlike the list of issues employed by other treaty bodies, the list of themes does not require that the state party provide written responses prior to the dialogue, but rather serves as a guide for the discussion. After considering all the materials, the Committee conducts a review of the state party in the form of an interactive dialogue with representatives of the state party. Following the review, the Committee adopts concluding observations, which include final remarks and recommendations from the review, and may request that the state party submit a follow-up report or information on select areas.
Through the review process, civil society members can provide input to the Committee at various points by submitting reports, making oral statements, and organizing side events and briefings for Committee members. The Committee also encourages state parties to consult and incorporate information from civil society members in their national reports and follow-up procedures, and requires that the concluding observations are widely disseminated following the review. In addition to information from civil society members, the Committee also considers that from other stakeholders such as national human rights institutes.