INTERNATIONAL HUMAN RIGHTS

PROJECT REPORT ON

International Convention on Elimination of All Forms of Racial

Discrimination, 1965.

SUBMITTED TO: - SUBMITTED BY:-

Dr.JASNEET KAUR WALIA SWETA GOYAL
Professor, University Institute of Legal Studies ROLL NO -208/17
PU, CHD BCOM LLB (H)
SECTION D
SEM. 9th

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 ACKNOWLEDGEMENT
I would like to thank our honorable teacher Dr. JASMEET KAUR WALIA for her
valuable guidance, constant encouragement and detailed approach without would not have
made it possible for me to make a proper project on topic “International Convention on
Elimination of All Forms of Racial Discrimination, 1965”. Her précised examples,
detailed descriptions and enthusiastic approach made my efforts to flourish in right direction.

The work contained herein is an amalgamation of the remarkable work of various authors
and I am thankful to them for their publications that have helped me to prepare this project to
the best of my abilities.

Thanking You

Sweta Goyal

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 INDEX
➢ Introduction……………………………………………………………………..

➢ Defining Racial Discrimination (Article 1)………………………….

➢ Obligations of the States parties:-…………………………………….

➢ Implementation of the Obligations: - Part II (Article 8-16)…

➢ Procedure of Committee (Article 9)………………………………….

➢ Functions to be performed by committee…………………………

➢ Interstate Complainant System: - Article 11………………………

➢ Individual Communication System (Article 14)………………….

➢ World Conference against Racism 2001……………………………

➢ Conclusion………………………………………………………………………..

➢ Reference………………………………………………………………………….

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 ➢ Introduction
The Universal Declaration of Human Rights under Article 2 laid down that the rights and
freedoms provided in the Declaration shall be available to all the persons irrespective of
race, colour, sex, and religion. In 1963, the Assembly proclaimed the Declaration on the
Elimination of All Forms of Racial Discrimination. The Declaration affirmed the fundamental
equality of all persons and confirmed that discrimination between human being on the
grounds of race, colour, or ethnic origin is a violation of the human right and is an obstacle
to friendly and peaceful relations among nations and peoples. In order to make the
provisions binding on the states a convention was adopted by General Assembly on
December 21, 1965 which is known as International Convention on the Elimination of All
Forms of Racial Discrimination. The Convention came into force on January 4, 1969. As on
April 21, 2008 the Convention had 173 state Parties.

➢ Defining Racial Discrimination (Article 1)

Article 1: Racial Discrimination shall mean any distinction, exclusion, restriction or

preference based on race, colour, descent or national or ethnic origin which has purpose of
nullifying, impairing, recognition, enjoyment on an equal footing of human rights and
fundamental freedoms in political, economic, and cultural, social and any other field of
public life.

But the convention would not apply where any distinction, exclusion restriction or
preferences are made by state party between citizens and non- citizens.

➢ Obligations of the States parties:-

The Convention under Article 2 laid down the obligations of the States Parties to eliminate
the racial discrimination which are as follows:-

(1) Not to Engage in R.D. – They undertake not to engage in any act or practice of racial
discrimination against persons, groups of persons or institutions and to ensure that
all public authorities and public institutions, national and local, shall act in
conformity with this obligation.
(2) Not to Sponsor R.D. - States parties shall not sponsor, defend or support racial
discrimination by any persons or organisations.
(3) Effective Measures: - 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.

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 (4) Prohibit R.D:- Each 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 organisation.
(5) In particular, the States Parties undertake to guarantee equality before the law in
the enjoyment of human rights, notably the right of everyone to equal treatment
before all organs administering justice, the right of security of persons and
protection by the state against violence or bodily harm and the political, civil.
Economic, social and cultural rights of every person.

➢ Implementation of the Obligations:- Part II (Article 8-

16)
The Convention has not only defined and condemned racial discrimination, it also establish
an international monitoring system.

➢ In accordance with the provisions of the convention, a committee on the Elimination

of Racial Discrimination (CERD) composed of 18 experts of high moral standing and
acknowledged impartiality was established in 1969 when the convention entered
into force.
➢ Members: - Elected by Secret Ballot from list of persons nominated by secret ballot.
Each state party nominate one person.
➢ Term of Members: - 4 years.
➢ Responsibility for expenses of members: - While they are performing committee
Duties are on the state parties.

➢ Procedure of Committee (Article 9)

1) Committee has its own rules of procedure

2) Officers of CERD Elected for 2 years
3) Meeting held at UN headquarters.

➢ Functions to be performed by committee.

A) Reporting: consider reports made by state Parties on measures (legislature, judicial

or other) they have taken to give effect to their undertaking under the convention.
B) Committee may make such general comments or suggestions on report as it may
consider appropriate forward them to state partner.

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 C) Report annually to the general Assembly through Secretary General on its activities.
D) Entitled to seek such further information which may be required by the committee.
E) Perform functions in relation to interstate complainant system under section 11.
F) Perform functions in relation to communicate from individuals under section 14.
➢ Interstate Complainant System: - Article 11.
The Convention under Article 11 laid down that if a State Party considers that another State
Party is not giving effect to the provisions of the Convention, it may bring matter to the
attention of the committee. The Committee shall transmit the communication to the state
party concerned. Within 3 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. If the matter is not adjusted to the satisfaction of both
parties, either by bilateral negotiations or 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.

After the committee has obtained and collected all the information, if it deems necessary,
the Chairman shall appoint an ad hoc Conciliation Commission comprising of 5 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 officers
shall be made available to the states concerned for the amicable solution.

➢ Individual Communication System (Article 14)

Each State party may at any time declare that it recognises competence of CERD, to receive
and consider communications from or on behalf of individuals who claim to be victims of
racial discrimination of Violation by State Party of Provisions of the Convention.

The CERD shall not receive any communication if – no declaration has been made.

It is optional system. Individuals have not much utilised this system.

➢ World Conference against Racism 2001

The 2001 World Conference against Racism (WCAR), also known as Durban I, was held at
the Durban International Convention Centre in Durban, South Africa, under UN auspices,
from 31 August to 8 September 2001.
The conference covered several controversial issues, including redress for
transatlantic slavery and the Second-class citizenry issue in Palestine-Israel.[1][2] The
language of the final Declaration and Programme of Action produced by the conference was
strongly disputed in these areas, both in the preparatory meetings in the months that
preceded the conference and during the conference itself.

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Two delegations, the United States and Israel, withdrew from the conference over
objections to a draft document equating Zionism with racism. The final Declaration and
Programme of Action did not contain the text that the U.S. and Israel had objected to, that
text having been voted out by delegates in the days after the U.S. and Israel withdrew.
In parallel to the conference, a separately held NGO Forum also produced a Declaration and
Programme of its own, that was not an official Conference document, which contained
language relating to Israel that the WCAR had voted to exclude from its Declaration, and
which was criticized by then United Nations High Commissioner for Human Rights Mary
Robinson and many others.
The NGO Forum ended in discord. Mary Robinson lost the support of the United States in
her office of High Commissioner, and many of the potential political aftereffects of the
conference were annulled by the September 11, 2001 attacks. The attacks took place just
three days after the conference ended, entirely eclipsing it in the news, and significantly
affecting international relations and politics. The conference was followed by the
2009 Durban II conference in Geneva, which was boycotted by ten western countries. A
commemorative Durban III conference in September 2011 in New York has also drawn
significant criticism and was boycotted by 14 western countries.
It is difficult to get people to remember, let alone focus on the accomplishments and
ongoing challenges that emerged during the United Nations sponsored World Conference
against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (the WCAR) held
just over a year ago in Durban, South Africa. The reason is simple: that conference ended on
September 8, 2001, and what we remember about that period is now permanently
obscured by what happened just three short days later. But the events of September 11
make it more imperative than ever that we address the evils of racism, racial discrimination,
and xenophobia. It is important that we remember what the Durban Conference achieved
and, more importantly, continue our work to reach the vision for the world announced
there. This Article seeks to help refocus attention on that important need.

A full review of what the Durban Conference did and did not achieve is beyond the scope of
this Article. Indeed, only the passage of time will reveal that answer. Instead, this Article will
focus on the current struggle of the host country, South Africa, to overcome its notorious
past as a means of assessing what is involved in the present day struggle to eliminate the
scourge of racism and poverty. South Africa seems to especially appropriate as the subject
of such a case study because of that country's history and the fact that the government led
by the African National Congress (ANC) was born with the express purpose of ending the
years of racial hatred and discrimination that were central to the prior regime. Further,
during its eight years of existence, the current government has consistently struggled to
create a truly democratic society. Therefore, looking at events in South Africa should teach
us about the obstacles that must be overcome to reach that goal even where there is a
strong will to do so.

Before assessing South Africa's efforts to create the type of society envisioned in the Durban
Declaration, Part I describes what happened prior to and during the WCAR that led to the

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adoption of that declaration. This review is helpful because, among other things, it reveals
both the areas of agreement and division between nations regarding responsibility for
remedying the past effects of racism, slavery, and colonialism. That knowledge, in turn,
allows for a more accurate assessment of both the ability of South Africa to effect change as
well as the international support South Africa can expect from other countries. To further
prepare for an assessment of how well South Africa is meeting its obligations under the
Durban Declaration, Part II describes the current situation in the country and how its history
of colonialism and apartheid has brought it to this point. Part III then contains an analysis of
the effects of the new South African government to eradicate the racial disparities that are
the legacy of the past. As recognized in its new constitution, those efforts are assessed in
relation to the achievement of both social justice – i.e., the elimination of prejudice and
discrimination – and also economic justice – i.e., the reduction of poverty and depravation.
Finally, as the delegates to the WCAR recognized, the achievement of economic justice in
this globalized world is dependent on the support of the wealthier Western and developed
nations. Thus, Part IV concludes the analysis by considering how South Africa's efforts have
been aided or hampered by those countries. In the end, it is hoped that this Article will
provide some insight into what must be done to create the type of world so elegantly and
passionately described in the Durban Declaration.

➢ Conclusion
Measures undertaken at national and international level to combat racial
discrimination have not produced satisfactory results.

➢ References

➢ BOOK:-

1. Agrawal.H.O., International law & Human Rights, Central Law Publication Allahabad,
16th Edition (2009).

➢ WEBSITES:-

1. https://www.equalityhumanrights.com/en/our-human-rights-work/monitoring-and-
promoting-un-treaties/international-convention-elimination-all.
2. https://legal.un.org/avl/ha/cerd/cerd.html
3. https://www.ohchr.org/Documents/ProfessionalInterest/cerd.pdf

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4. https://www.scottishhumanrights.com/projects-and-programmes/treaty-and-
international-work/international-treaty-monitoring/the-international-convention-
on-the-elimination-of-racial-discrimination-icerd/
5. https://blogs.lse.ac.uk/vaw/int/treaty-bodies/convention-on-the-elimination-of-all-
forms-of-racial-discrimination/