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

The International Convention on the Elimination of All Forms of Racial Discrimination (CEFRD) is a United Nations convention adopted and opened for signature and ratification by the United Nations General Assembly on December 21, 1965, and which entered into force January 4, 1969. As of November 2006, it has been ratified by 173 nations and a further five have signed it.

The Convention on the Elimination of All Forms of Racial Discrimination defines and condemns racial discrimination and commits States to change national laws and policies which create or perpetuate racial discrimination.

The Convention defines the concept of racial discrimination, covering what is sometimes called indirect discrimination or unjustifiable disparate impact. The Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State party between citizens and non-citizens.

Other important provisions include imperative stipulations obliging States parties to adopt legislation to criminalize and punish the dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, acts of violence against any race or group of persons of another color or ethnic origin, and assistance in such activities.

The Convention contains a non-exhaustive list of rights and freedoms in the enjoyment of which racial discrimination shall be prohibited and eliminated. The list includes certain rights not expressly contained in the Universal Declaration of Human Rights, such as the right to inherit and the right of access to any place or service intended for use by the general public. It also includes rights in regard to which racial discrimination is prohibited, such as the right to work, the right to join trade unions and the right to housing.

In order to monitor and review actions taken by States to fulfill their obligations, the Convention established the Committee on the Elimination of Racial Discrimination (CERD).

The CERD is composed of 18 independent experts who are “persons of high moral standing and acknowledged impartiality.” Consideration must also be given to equitable geographical distribution and to the representation of the different forms of civilization, as well as of the principal legal systems.

States parties elect CERD members for a term of four years. Elections for nine of the eighteen members are held every two years, ensuring a balance between continuity and change in the composition of the Committee.

All States parties are obliged to submit regular reports to the CERD on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every two years. The CERD examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”

In addition to the reporting procedure, the Convention establishes three other mechanisms through which the CERD performs its monitoring functions:

1. The early-warning procedure;
2. The examination of inter-state complaints; and
3. The examination of individual complaints.

The CERD also publishes its interpretation of the content of human rights provisions, known as General Recommendations (or General Comments), on thematic issues, and organizes thematic discussions.

The Committee meets in Geneva and normally holds two sessions per year consisting of three weeks each.

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