The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third -generation human rights instrument, the Convention commits its members to the elimination of

racial discrimination Racial discrimination is any discrimination against any individual on the basis of their skin color, race or ethnic origin.Individuals can discriminate by refusing to do business with, socialize with, or share resources with people of a certain g ...

and the promotion of understanding among all races. The Convention also requires its parties to criminalize

hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...

and criminalize membership in racist organizations. The Convention also includes an individual complaints mechanism, effectively making it enforceable against its parties. This has led to the development of a limited jurisprudence on the interpretation and implementation of the Convention. The convention was adopted and opened for signature by the

United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...

on 21 December 1965,United Nations General Assembly Resolution 2106 (XX), 21 December 1965. and entered into force on 4 January 1969. As of July 2020, it has 88 signatories and 182 parties. The Convention is monitored by the Committee on the Elimination of Racial Discrimination (CERD).

Genesis

In December 1960, following incidents of

antisemitism Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antis ...

in several parts of the world, the

adopted a resolution condemning "all manifestations and practices of racial, religious and national hatred" as violations of the

United Nations Charter The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the United Nations System, UN system, including its Organ ...

and

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...

and calling on the governments of all states to "take all necessary measures to prevent all manifestations of racial, religious and national hatred". The Economic and Social Council followed this up by drafting a resolution on "manifestations of racial prejudice and national and religious intolerance", calling on governments to educate the public against intolerance and rescind discriminatory laws.United Nations General Assembly Resolution 1779 (XVII), 7 December 1962. Lack of time prevented this from being considered by the General Assembly in 1961, but it was passed the next year. During the early debate on this resolution, African nations led by the

Central African Republic The Central African Republic (CAR; ; , RCA; , or , ) is a landlocked country in Central Africa. It is bordered by Chad to the north, Sudan to the northeast, South Sudan to the southeast, the DR Congo to the south, the Republic of th ...

Chad Chad (; ar, تشاد , ; french: Tchad, ), officially the Republic of Chad, '; ) is a landlocked country at the crossroads of North and Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic ...

Dahomey The Kingdom of Dahomey () was a West African kingdom located within present-day Benin that existed from approximately 1600 until 1904. Dahomey developed on the Abomey Plateau amongst the Fon people in the early 17th century and became a region ...

Guinea Guinea ( ),, fuf, 𞤘𞤭𞤲𞤫, italic=no, Gine, wo, Gine, nqo, ߖߌ߬ߣߍ߫, bm, Gine officially the Republic of Guinea (french: République de Guinée), is a coastal country in West Africa. It borders the Atlantic Ocean to the we ...

Côte d'Ivoire Ivory Coast, also known as Côte d'Ivoire, officially the Republic of Côte d'Ivoire, is a country on the southern coast of West Africa. Its capital is Yamoussoukro, in the centre of the country, while its largest city and economic centre ...

Mali Mali (; ), officially the Republic of Mali,, , ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, italics=no, ar, جمهورية مالي, Jumhūriyyāt Mālī is a landlocked country in West Africa. Ma ...

Mauritania Mauritania (; ar, موريتانيا, ', french: Mauritanie; Berber: ''Agawej'' or ''Cengit''; Pulaar: ''Moritani''; Wolof: ''Gànnaar''; Soninke:), officially the Islamic Republic of Mauritania ( ar, الجمهورية الإسلامية ...

, and Upper Volta pushed for more concrete action on the issue, in the form of an international convention against racial discrimination. Some nations preferred a declaration rather than a binding convention, while others wanted to deal with racial and religious intolerance in a single instrument. The eventual compromise, forced by the Arab nations' political opposition to treating religious intolerance at the same time as racial intolerance plus other nations' opinion that religious intolerance was less urgent,Schwelb, p. 999. was for two resolutions, one calling for a declaration and draft convention aimed at eliminating racial discrimination, the other doing the same for

religious intolerance Religious intolerance is intolerance of another's religious beliefs or practices or lack thereof. Mere statements which are contrary to one's beliefs do not constitute intolerance. Religious intolerance, rather, occurs when a group (e.g., a so ...

. Article 4, criminalizing incitement to racial discrimination, was also controversial in the drafting stage. In the first debate of the article, there were two drafts, one presented by the United States and one by the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...

and

Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...

. The United States, supported by the United Kingdom, proposed that only incitement "resulting in or likely to result in violence" should be prohibited, whereas the Soviet Union wanted to "prohibit and disband racist, fascist and any other organization practicing or inciting racial discrimination". The

Nordic countries The Nordic countries (also known as the Nordics or ''Norden''; lit. 'the North') are a geographical and cultural region in Northern Europe and the North Atlantic. It includes the sovereign states of Denmark, Finland, Iceland, Norway and Sw ...

proposed a compromise in which a clause of "due regard" to the rights Universal Declaration of Human Rights was added to be taken into account when crimininalizing hate speech. The draft Declaration on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly on 20 November 1963. The same day the General Assembly called for the Economic and Social Council and the Commission on Human Rights to make the drafting of a Convention on the subject an absolute priority. The draft was completed by mid-1964, but delays in the General Assembly meant that it could not be adopted that year. It was finally adopted on 21 December 1965.

Core provisions

Definition of "racial discrimination"

Preamble of the Convention reaffirms dignity and

equality before the law Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic r ...

citing Charter of United Nations and

and condemns colonialism citing Declaration on the Granting of Independence to Colonial Countries and Peoples, Declaration on the Elimination of All Forms of Racial Discrimination and also cites ILO Convention on Employment and Occupation (C111) and Convention against Discrimination in Education against discrimination. Article 1 of the Convention defines "racial discrimination" as: Distinctions made on the basis of

citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...

(that is, between citizens and non-citizens) are specifically excluded from the definition, as are positive discrimination policies and other measures taken to redress imbalances and promote equality. This definition does not distinguish between discrimination based on

ethnicity An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...

and discrimination based on race, despite the following statement by

anthropologists An anthropologist is a person engaged in the practice of anthropology. Anthropology is the study of aspects of humans within past and present societies. Social anthropology, cultural anthropology and philosophical anthropology study the norms and ...

in the United Nations Economic and Social Council. The clear conclusion in the report is that Race and Ethnicity can be correlated, but must not get mixed up. The inclusion of descent specifically covers discrimination on the basis of

caste Caste is a form of social stratification characterised by endogamy, hereditary transmission of a style of life which often includes an occupation, ritual status in a hierarchy, and customary social interaction and exclusion based on cultur ...

and other forms of inherited status. Discrimination need not be strictly based on race or ethnicity for the Convention to apply. Rather, whether a particular action or policy discriminates is judged by its effects. The question of whether an individual belongs to a particular racial group is to be decided, in the absence of justification to the contrary, by self-identification.

Prevention of discrimination

Article 2 of the Convention condemns racial discrimination and obliges parties to "undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms". It also obliges parties to promote understanding among all races. To achieve this, the Convention requires that signatories: * Not practice racial discrimination in public institutions * Not "sponsor, defend, or support" racial discrimination * Review existing policies, and amend or revoke those that cause or perpetuate racial discrimination * Prohibit "by all appropriate means, including legislation," racial discrimination by individuals and organisations within their jurisdictions * Encourage groups, movements, and other means that eliminate barriers between races, and discourage racial division Parties are obliged "when the circumstances so warrant" to use positive discrimination policies for specific racial groups to guarantee "the full and equal enjoyment of human rights and fundamental freedoms". However, these measures must be finite, and "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved". Article 5 expands upon the general obligation of Article 2 and creates a specific obligation to guarantee the right of everyone to

regardless of "race, colour, or national or ethnic origin". It further lists specific rights this equality must apply to: equal treatment by courts and tribunals, security of the person and freedom from violence, the

civil and political rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...

affirmed in the ICCPR, the

economic, social and cultural rights Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture ...

affirmed in the ICESCR, and the right of access to any place or service used by the general public, "such as transport hotels, restaurants, cafes, theatres and parks." This list is not exhaustive, and the obligation extends to all human rights. Article 6 obliges parties to provide "effective protection and remedies" through the courts or other institutions for any act of racial discrimination. This includes a right to a legal remedy and

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

for injury suffered due to discrimination.

Condemnation of apartheid

Article 3 condemns

apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...

and

racial segregation Racial segregation is the systematic separation of people into racial or other ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crime against humanity under the Statute of the Intern ...

and obliges parties to "prevent, prohibit and eradicate" these practices in territories under their jurisdiction. This article has since been strengthened by the recognition of apartheid as a

crime against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...

in the

Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...

. The Committee on the Elimination of Racial Discrimination regards this article as also entailing an obligation to eradicate the consequences of past policies of segregation, and to prevent racial segregation arising from the actions of private individuals.

Prohibition of incitement

Article 4 of the Convention condemns propaganda and organizations that attempt to justify discrimination or are based on the idea of racial

supremacism Supremacism is the belief that a certain group of people is superior to all others. The supposed superior people can be defined by age, gender, race, ethnicity, religion, sexual orientation, language, social class, ideology, nation, culture ...

. It obliges parties, "with due regard to the principles embodied in the Universal Declaration of Human Rights", to adopt "immediate and positive measures" to eradicate these forms of incitement and discrimination. Specifically, it obliges parties to criminalize

hate crimes A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...

and the financing of racist activities, and to prohibit and criminalize membership in organizations that "promote and incite" racial discrimination. A number of parties have reservations on this article, and interpret it as not permitting or requiring measures that infringe on the freedoms of speech, association or assembly. The Committee on the Elimination of Racial Discrimination regards this article as a mandatory obligation of parties to the Convention, and has repeatedly criticized parties for failing to abide by it. It regards the obligation as consistent with the freedoms of opinion and expression affirmed in the UNDHR and ICCPR and notes that the latter specifically outlaws inciting racial discrimination, hatred and violence. It views the provisions as necessary to prevent organised racial violence and the "political exploitation of ethnic difference."

Promotion of tolerance

Article 7 obliges parties to adopt "immediate and effective measures", particularly in education, to combat racial prejudice and encourage understanding and

tolerance Tolerance or toleration is the state of tolerating, or putting up with, conditionally. Economics, business, and politics * Toleration Party, a historic political party active in Connecticut * Tolerant Systems, the former name of Veritas Software ...

between different racial, ethnic and national groups.

Dispute resolution mechanism

Articles 11 through 13 of the Convention establish a dispute resolution mechanism between parties. A party that believes another party is not implementing the Convention may complain to the Committee on the Elimination of Racial Discrimination. The Committee will pass on the complaint, and if it is not resolved between the two parties, may establish an ad hoc Conciliation Commission to investigate and make recommendations on the matter. This procedure has been first invoked in 2018, by Qatar against Saudi Arabia and UAE and by Palestine against Israel. Article 22 further allows any dispute over the interpretation or application of the Convention to be referred to the

International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordan ...

. This clause has been invoked three times, by Georgia against Russia, by Ukraine against Russia, by Qatar against UAE.

Individual complaints mechanism

Article 14 of the Convention establishes an individual complaints mechanism similar to that of the First Optional Protocol to the International Covenant on Civil and Political Rights, Optional Protocol to the Convention on the Rights of Persons with Disabilities and Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. Parties may at any time recognise the competence of the Committee on the Elimination of Racial Discrimination to consider complaints from individuals or groups who claim their rights under the Convention have been violated. Such parties may establish local bodies to hear complaints before they are passed on. Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints that refer to events that occurred before the country concerned joined Convention are not permitted. The Committee can request information from and make recommendations to a party. The individual complaints mechanism came into operation in 1982, after it had been accepted by ten states-parties. As of 2010, 58 states had recognised the competence of the Committee, and 54 cases have been dealt with by the Committee.

Reservations

A number of parties have made reservations and interpretative declarations to their application of the Convention. The Convention text forbids reservations "incompatible with the object and purpose of this Convention" or that would inhibit the operation of any body established by it. A reservation is considered incompatible or inhibitive if two-thirds of parties object to it. ;Article 22

Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is borde ...

Bahrain Bahrain ( ; ; ar, البحرين, al-Bahrayn, locally ), officially the Kingdom of Bahrain, ' is an island country in Western Asia. It is situated on the Persian Gulf, and comprises a small archipelago made up of 50 natural islands and a ...

China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...

Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribb ...

Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...

Equatorial Guinea Equatorial Guinea ( es, Guinea Ecuatorial; french: Guinée équatoriale; pt, Guiné Equatorial), officially the Republic of Equatorial Guinea ( es, link=no, República de Guinea Ecuatorial, french: link=no, République de Guinée équatoria ...

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Gui ...

Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...

Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...

Kuwait Kuwait (; ar, الكويت ', or ), officially the State of Kuwait ( ar, دولة الكويت '), is a country in Western Asia. It is situated in the northern edge of Eastern Arabia at the tip of the Persian Gulf, bordering Iraq to Iraq–Ku ...

Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus lie ...

Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...

Madagascar Madagascar (; mg, Madagasikara, ), officially the Republic of Madagascar ( mg, Repoblikan'i Madagasikara, links=no, ; french: République de Madagascar), is an island country in the Indian Ocean, approximately off the coast of East Afric ...

Morocco Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to A ...

Mozambique Mozambique (), officially the Republic of Mozambique ( pt, Moçambique or , ; ny, Mozambiki; sw, Msumbiji; ts, Muzambhiki), is a country located in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi ...

Nepal Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne, सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is ma ...

Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...

Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...

Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...

Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...

Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making ...

, and

Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and ...

do not consider themselves bound by Article 22. Some interpret this article as allowing disputes to be referred to the

only with the consent of all involved parties. ;Obligations beyond existing constitution

Antigua and Barbuda Antigua and Barbuda (, ) is a sovereign country in the West Indies. It lies at the juncture of the Caribbean Sea and the Atlantic Ocean in the Leeward Islands part of the Lesser Antilles, at 17°N latitude. The country consists of two majo ...

, the

Bahamas The Bahamas (), officially the Commonwealth of The Bahamas, is an island country within the Lucayan Archipelago of the West Indies in the North Atlantic. It takes up 97% of the Lucayan Archipelago's land area and is home to 88% of the a ...

Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estima ...

Guyana Guyana ( or ), officially the Cooperative Republic of Guyana, is a country on the northern mainland of South America. Guyana is an indigenous word which means "Land of Many Waters". The capital city is Georgetown. Guyana is bordered by the ...

Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispa ...

Papua New Guinea Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...

and United States interpret the Convention as not implying any obligations beyond the limits of their existing constitutions. ;Hate speech

Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...

Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...

, France, Ireland, Italy, Japan,

Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...

Monaco Monaco (; ), officially the Principality of Monaco (french: Principauté de Monaco; Ligurian: ; oc, Principat de Mónegue), is a sovereign city-state and microstate on the French Riviera a few kilometres west of the Italian region of Lig ...

Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...

and

Tonga Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in ...

all interpret Article 4 as not permitting or requiring measures that threaten the freedoms of speech, opinion, association, and assembly.

, the

Fiji Fiji ( , ,; fj, Viti, ; Fiji Hindi: फ़िजी, ''Fijī''), officially the Republic of Fiji, is an island country in Melanesia, part of Oceania in the South Pacific Ocean. It lies about north-northeast of New Zealand. Fiji consis ...

and United Kingdom interpret the Convention as creating an obligation to enact measures against hate speech and hate crimes only when a need arises. The United States of America "does not accept any obligation under this Convention, in particular under articles 4 and 7, to restrict those xtensive protections of individual freedom of speech, expression and association contained in the Constitution and laws of the United States through the adoption of legislation or any other measures, to the extent that they are protected by the Constitution and laws of the United States." ;Immigration

and

reserve the right to apply their own legal principles on the entry of foreigners into their labour markets. The United Kingdom does not regard the Commonwealth Immigrants Act 1962 and

Commonwealth Immigrants Act 1968 The Commonwealth Immigrants Act 1968 (c. 9) was an Act of the Parliament of the United Kingdom. The Act The Act amended the Commonwealth Immigrants Act 1962, further reducing rights of citizens of the Commonwealth of Nations countries (as of ...

as constituting any form of racial discrimination. ;Indigenous people

reserves the right not to apply the Convention to any restriction on the alienation of land held by indigenous

Tongans Tongans, a Polynesian group, represent more than 98% of the inhabitants of Tonga. The rest are European (the majority are British), mixed European, and other Pacific Islanders. There also are several hundred Chinese. Almost two-thirds of the po ...

has significant reservations around Article 5, and reserves the right not to implement those provisions if they are incompatible with existing law on voting rights, the alienation of land by indigenous

Fijians Fijians ( fj, iTaukei, lit=Owners (of the land)) are a nation and ethnic group native to Fiji, who speak Fijian and share a common history and culture. Fijians, or ''iTaukei'', are the major indigenous people of the Fiji Islands, and live i ...

Jurisprudence

At the CERD

The individual complaints mechanism has led to a limited jurisprudence on the interpretation and implementation of the Convention. As at September 2011, 48 complaints have been registered with the Committee; 17 of these have been deemed inadmissible, 16 have led to a finding of no violation, and in 11 cases a party has been found to have violated the Convention. Three cases were still pending. Several cases have dealt with the treatment of

Romani people The Romani (also spelled Romany or Rromani , ), colloquially known as the Roma, are an Indo-Aryan peoples, Indo-Aryan ethnic group, traditionally nomadic Itinerant groups in Europe, itinerants. They live in Europe and Anatolia, and have Ro ...

in Eastern Europe. In ''Koptova v. Slovakia'' the Committee found that resolutions by several villages in

Slovakia Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the ...

forbidding the residence of Roma were discriminatory and restricted

freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...

and residence, and recommended the Slovak government take steps to end such practices. In ''L.R. v. Slovakia'' the Committee found that the Slovak government had failed to provide an effective remedy for discrimination suffered by Roma after the cancellation of a housing project on ethnic grounds. In ''Durmic v. Serbia and Montenegro'' the Committee found a systemic failure by the Serbian government to investigate and prosecute discrimination against Roma in access to public places. In several cases, notably ''L.K. v. Netherlands'' and ''Gelle v. Denmark'', the Committee has criticized parties for their failure to adequately prosecute acts of racial discrimination or incitement. In both cases, the Committee refused to accept "any claim that the enactment of law making racial discrimination a criminal act in itself represents full compliance with the obligations of States parties under the Convention". Such laws "must also be effectively implemented by the competent national tribunals and other State institutions". While the Committee accepts the discretion of prosecutors on whether or not to lay charges, this discretion "should be applied in each case of alleged racial discrimination in the light of the guarantees laid down in the Convention" In The Jewish community of Oslo et al. v. Norway, the Committee found that the prohibition of hate speech was compatible with freedom of speech, and that the acquittal of a neo-Nazi leader by the Supreme Court of Norway on freedom of speech grounds was a violation of the Convention. In ''Hagan v. Australia'', the Committee ruled that, while not originally intended to demean anyone, the name of the "E. S. 'Nigger' Brown Stand" (named in honour of 1920s

rugby league Rugby league football, commonly known as just rugby league and sometimes football, footy, rugby or league, is a full-contact sport played by two teams of thirteen players on a rectangular field measuring 68 metres (75 yards) wide and 112 ...

player Edward Stanley Brown) at a Toowoomba sports field was racially offensive and should be removed.

At the ICJ

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

won a judgment for a

provisional measure of protection A provisional measure of protection is the term that the International Court of Justice (ICJ, World Court) uses to describe a procedure "roughly equivalent" to an interim order (which can be either a temporary restraining order or a temporary dir ...

at the ICJ over the

Russian Federation Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...

in the case of Russo-Georgian War.

Impact

The impact of an international treaty can be measured in two ways: by its acceptance, and by its implementation. On the first measure, the Convention has gained near-universal acceptance by the international community, with fewer than twenty (mostly small) states yet to become parties. Most major states have also accepted the Convention's individual complaints mechanism, signaling a strong desire to be bound by the Convention's provisions. The Convention has faced persistent problems with reporting since its inception, with parties frequently failing to report fully, or even at all. As of 2008, twenty parties had failed to report for more than ten years, and thirty parties had failed to report for more than five. One party,

Sierra Leone Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierr ...

, had failed to report since 1976, while two more –

Liberia Liberia (), officially the Republic of Liberia, is a country on the West African coast. It is bordered by Sierra Leone to Liberia–Sierra Leone border, its northwest, Guinea to Guinea–Liberia border, its north, Ivory Coast to Ivory Coast� ...

and

Saint Lucia Saint Lucia ( acf, Sent Lisi, french: Sainte-Lucie) is an island country of the West Indies in the eastern Caribbean. The island was previously called Iouanalao and later Hewanorra, names given by the native Arawaks and Caribs, two Ameri ...

had never met their reporting requirements under the Convention. The Committee has responded to this persistent failure to report by reviewing the late parties anyway – a strategy that has produced some success in gaining compliance with reporting requirements. This lack of reporting is seen by some as a significant failure of the Convention. However the reporting system has also been praised as providing "a permanent stimulus inducing individual States to enact anti-racist legislation or amend the existing one when necessary."

Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination is a body of human rights experts tasked with monitoring the implementation of the Convention. It consists of 18 independent human rights experts, elected for four-year terms, with half the members elected every two years. Members are elected by secret ballot of the parties, with each party allowed to nominate one of its nationals to the Committee. All parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to give effect to the Convention. The first report is due within a year of the Convention entering into effect for that state; thereafter reports are due every two years or whenever the Committee requests. The Committee examines each report and addresses its concerns and recommendations to the state party in the form of "concluding observations". On 10 August 2018, United Nations human rights experts expressed alarm over many credible reports that

had detained a million or more ethnic

Uyghurs The Uyghurs; ; ; ; zh, s=, t=, p=Wéiwú'ěr, IPA: ( ), alternatively spelled Uighurs, Uygurs or Uigurs, are a Turkic peoples, Turkic ethnic group originating from and culturally affiliated with the general region of Central Asia, Cent ...

Xinjiang Xinjiang, SASM/GNC: ''Xinjang''; zh, c=, p=Xīnjiāng; formerly romanized as Sinkiang (, ), officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwes ...

Gay McDougall Gay Johnson McDougall (born August 13, 1947, in Atlanta, Georgia) is an American lawyer who has spent her career addressing international human rights and racial discrimination. She is currently a Distinguished Scholar-in-Residence at the Leitner ...

, a member of the Committee, said that "In the name of combating religious extremism, China had turned Xinjiang into something resembling a massive internment camp, shrouded in secrecy, a sort of no-rights zone." On 13 August 2019, the Committee considered the first report submitted by the Palestinian Authority. A number of experts questioned the delegation regarding

, particularly in textbooks. Silvio José Albuquerque e Silva (Brazil) also raised evidence of discrimination against Roma and other minorities, the status of women, and oppression of the LGBT community. The Committee's report of 30 August 2019 reflected these concerns. On 23 April 2018 Palestine filed an inter-state complaint against Israel for breaches of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). On 4 and 5 December 2019, the Committee considered the report submitted by Israel and in its conclusions of 12 December noted that it is worried about "existing discriminatory legislation, the segregation of Israeli society into Jewish and non-Jewish sectors" and other complaints." The Committee also decided that it has jurisdiction regarding the inter-State communication submitted by the State of Palestine on 23 April 2018 against the State of Israel. Israel's Ministry of Foreign Affairs responded by alleging bias by the committee members, noting that their "blatant anti-Israel posture, and reckless disregard for the welfare of Israelis, is a shocking neglect of the duties of the CERD Committee to act with impartiality and objectivity." The Committee typically meets every March and August in

Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaking part of Switzerland. Situa ...

. The current (as of June 2021) membership of the Committee is:

Opposition

In Malaysia

On 8 December 2018, two of Malaysia's major right wing political parties – the Islamist

Malaysian Islamic Party The Malaysian Islamic Party (PAS; ms, Parti Islam Se-Malaysia; ms, ڤرتي إسلام سمليسيا, label= Jawi, script=arab, italic=unset) is an Islamist political party in Malaysia. As the party focused on Islamic fundamentalism, PAS ...

and the ethnonationalist

United Malays National Organisation The United Malays National Organisation ( Malay: ; Jawi: ; abbreviated UMNO () or less commonly PEKEMBAR), is a nationalist right-wing political party in Malaysia. As the oldest continuous national political party within Malaysia (since its ...

– organized a " Anti-ICERD Peaceful Rally" with the support of several non-government organizations on fears of the convention allegedly compromising bumiputera privileges and special positions of the Malay people and Islam in the country, a major tenet held by both these parties. This rally was held in the capital of the country,

Kuala Lumpur , anthem = ''Maju dan Sejahtera'' , image_map = , map_caption = , pushpin_map = Malaysia#Southeast Asia#Asia , pushpin_map_caption = , coordinates = , sub ...

References

External links