Term Four 2021

Convention on the Elimination of All Racial Discrimination (CERD)

Prepared by Dr Sarah Sargent

Learning Objectives

• Understanding the content and operation of the Convention on the Elimination of

All Racial Discrimination
• Understanding current debates and issues on the Convention
• Understanding the function of the CERD Committee
• Understanding issues on the functioning of the CERD Committee with regard to
Article 10 (Early Warning and Urgent Action Procedures)
• Understanding General Recommendation 36 on Prevention and Combating Racial
Profiling

Required Reading

Patrick Thornberry, ‘Confronting Racial Discrimination: A CERD Perspective’ (2005) 5

Human Rights Law Review 239

Questions to Guide Your Reading:

1. What is the significance of this Convention? How does it fit within the body of other
UN human rights instruments?
2. What is the function of the treaty body for this Convention?
3. What are the enforcement powers of the Convention, and under what articles? How
are these the same or different from other Conventions we have looked at so far in this
module?
4. What is the definition of “racial discrimination”?
5. What is meant by “equality under the law”?
6. What are the Early Warning and Urgent Action procedures that can be utilised by the
Committee?

Prepared by Dr Sarah Sargent. Any subsequent use or modification of these materials must reflect
this attribution.
You also should read the General Recommendation 36. A link to this is on Moodle.

Further Reading

Julie Ann Fishel, ‘The Western Shoshone Struggle: Opening Doors for Indigenous Rights’
(2007) 2 Intercultural Human Rights Review 41

Farah Peterson, ‘Foreword’ (2018) 104 Virginia Law Review 1

Seminar Question: Prepare an answer to both questions. Please remember this seminar
takes place in Week 3.

1. Part of the Naxian population, the Thaxians, believe that they are being discriminated
against by Naxia. The Thaxians have traditionally occupied the south-east section of
Naxia that also happens to have the richest gold field in the world underneath it. The
Thaxians have maintained their traditional way of life, herding sheep and weaving
rugs. The sheep graze on the open range under which the gold field is located. Naxia
has entered into treaties with the Thaxians, granting them rights to graze their sheep
on this land. The latest treaty was made in 1998. In the meantime, Great Greedy Gold
Developers, a company with headquarters in Argentina, have approached Naxia about
mining the gold under the Thaxian’s sheep fields. Naxia is poised to enter into a
contract with Great Greedy Gold Developers. The Thaxians do not think that Naxia
has paid attention to the effect that the gold mining would have on Thaxian life, and
also do not think that Naxia has adhered to the terms of the 1998 treaty. Naxian
officials have been impounding Thaxian sheep and refuse to release them to the
Thaxians. The Thaxians believe that their livelihood and traditional way of life is
being threatened.

Prepared by Dr Sarah Sargent. Any subsequent use or modification of these materials must reflect
this attribution.
 Naxia has recently put the Convention on the Elimination of All Racial
Discrimination into effect. It has not made an Article 14 declaration permitting
individual complaints.

Marshall Thaxian, the leader of the Thaxian group, wants to pursue a complaint
against Naxia with the CERD Committee, alleging racial discrimination. He is also
interested in the use of the Early Warning and Urgent Action procedure under Article
10.

Naxia objects to the CERD Committee’s use of Article 10 as permitting the Early
Warning and Urgent Action procedure.

You may wish to consider the provision in the General Recommendation 36.

A meeting is being held between the CERD Commiteee, Naxia and the Thaxians to
try to reach a resolution. Prepare your strategy. You are an independent consultant
and an international human rights expert who has been asked to facilitate this meeting.

Workshop Question

Explain, with examples, what compliance or enforcement options the Committee has under
the Convention, and how likely these are to be effective. Does General Recommendation 36
add anything?

Prepared by Dr Sarah Sargent. Any subsequent use or modification of these materials must reflect
this attribution.