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Part I
Part II
Part III
The States Parties to this Convention,
Considering that the Charter
of the United Nations is based on the principles of the dignity
and equality inherent in all human beings, and that all Member States
have pledged themselves to take joint and separate action, in co-operation
with the Organization, for the achievement of one of the purposes
of the United Nations which is to promote and encourage universal
respect for and observance of human rights and fundamental freedoms
for all, without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights
proclaims that all human beings are born free and equal in dignity
and rights and that everyone is entitled to all the rights and freedoms
set out therein, without distinction of any kind, in particular
as to race, colour or national origin,
Considering that all human
beings are equal before the law and are entitled to equal protection
of the law against any discrimination and against any incitement
to discrimination,
Considering that the United
Nations has condemned colonialism and all practices of segregation
and discrimination associated therewith, in whatever form and wherever
they exist, and that the Declaration on the Granting of Independence
to Colonial Countries and Peoples of 14 December 1960 (General Assembly
resolution 1514 (XV)) has affirmed and solemnly proclaimed the necessity
of bringing them to a speedy and unconditional end,
Considering that the United
Nations Declaration on the Elimination of All Forms of Racial Discrimination
of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly
affirms the necessity of speedily eliminating racial discrimination
throughout the world in all its forms and manifestations and of
securing understanding of and respect for the dignity of the human
person,
Convinced that any doctrine
of superiority based on racial differentiation is scientifically
false, morally condemnable, socially unjust and dangerous, and that
there is no justification for racial discrimination, in theory or
in practice, anywhere,
Reaffirming that discrimination
between human beings on the grounds of race, colour or ethnic origin
is an obstacle to friendly and peaceful relations among nations
and is capable of disturbing peace and security among peoples and
the harmony of persons living side by side even within one and the
same State,
Convinced that the existence
of racial barriers is repugnant to the ideals of any human society,
Alarmed by manifestations
of racial discrimination still in evidence in some areas of the
world and by governmental policies based on racial superiority or
hatred, such as policies of apartheid, segregation or separation,
Resolved to adopt all necessary
measures for speedily eliminating racial discrimination in all its
forms and manifestations, and to prevent and combat racist doctrines
and practices in order to promote understanding between races and
to build an international community free from all forms of racial
segregation and racial discrimination,
Bearing in mind the Convention
concerning Discrimination in respect of Employment and Occupation
adopted by the International Labour Organisation in 1958, and the
Convention against Discrimination in Education adopted by the United
Nations Educational, Scientific and Cultural Organization in 1960,
Desiring to implement the
principles embodied in the United Nations Declaration on the Elimination
of Al l Forms of Racial Discrimination and to secure the earliest
adoption of practical measures to that end,
Have agreed as follows:
PART I
Article I
1. In this Convention, the term "racial
discrimination" shall mean 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 in the political, economic,
social, cultural or any other field of public life. General comment
on its implementation
2. This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this Convention
between citizens and non-citizens.
3. Nothing in this Convention may
be interpreted as affecting in any way the legal provisions of States
Parties concerning nationality, citizenship or naturalization, provided
that such provisions do not discriminate against any particular
nationality.
4. Special measures taken for the
sole purpose of securing adequate advancement of certain racial
or ethnic groups or individuals requiring such protection as may
be necessary in order to ensure such groups or individuals equal
enjoyment or exercise of human rights and fundamental freedoms shall
not be deemed racial discrimination, provided, however, that such
measures do not, as a consequence, lead to the maintenance of separate
rights for different racial groups and that they shall not be continued
after the objectives for which they were taken have been achieved.
Article 2
1. States Parties condemn racial discrimination and undertake to
pursue by all appropriate means and without delay a policy of eliminating
racial discrimination in all its forms and promoting understanding
among all races, and, to this end:
(a) Each State Party undertakes
to engage in no act or practice of racial discrimination against
persons, groups of persons or institutions and to en sure that
all public authorities and public institutions, national and local,
shall act in conformity with this obligation;
(b) Each State Party undertakes not to sponsor, defend or support
racial discrimination by any persons or organizations;
( c) 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;
(d) Each State 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 organization;
(e) Each State Party undertakes
to encourage, where appropriate, integrationist multiracial organizations
and movements and other means of eliminating barriers between
races, and to discourage anything which tends to strengthen racial
division.
2. States Parties shall, when the
circumstances so warrant, take, in the social, economic, cultural
and other fields, special and concrete measures to ensure the adequate
development and protection of certain racial groups or individuals
belonging to them, for the purpose of guaranteeing them the full
and equal enjoyment of human rights and fundamental freedoms. These
measures shall in no case en tail as a con sequence the maintenance
of unequal or separate rights for different racial groups after
the objectives for which they were taken have been achieved.
Article 3
States Parties particularly condemn racial segregation and apartheid
and undertake to prevent, prohibit and eradicate all practices of
this nature in territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations which
are based on ideas or theories of superiority of one race or group
of persons of one colour or ethnic origin, or which attempt to justify
or promote racial hatred and discrimination in any form, and undertake
to adopt immediate and positive measures designed to eradicate all
incitement to, or acts of, such discrimination and, to this end,
with due regard to the principles embodied in the Universal Declaration
of Human Rights and the rights expressly set forth in article 5
of this Convention, inter alia:
(a) Shall declare an offence punishable
by law all dissemination of ideas based on racial superiority
or hatred, incitement to racial discrimination, as well as all
acts of violence or incitement to such acts against any race or
group of persons of another colour or ethnic origin, and also
the provision of any assistance to racist activities, including
the financing thereof;
(b) Shall declare illegal
and prohibit organizations, and also organized and all other propaganda
activities, which promote and incite racial discrimination, and
shall recognize participation in such organizations or activities
as an offence punishable by law;
(c) Shall not permit public
authorities or public institutions, national or local, to promote
or incite racial discrimination.
Article 5
In compliance with the fundamental obligations laid down in article
2 of this Convention, States Parties undertake to prohibit and to
eliminate racial discrimination in all its forms and to guarantee
the right of everyone, without distinction as to race, colour, or
national or ethnic origin, to equality before the law, notably in
the enjoyment of the following rights: General comment on its implementation
(a) The right to equal treatment
before the tribunals and all other organs administering justice;
(b) The right to security of person
and protection by the State against violence or bodily harm, whether
inflicted by government officials or by any individual group or
institution;
(c) Political rights, in particular
the right to participate in elections-to vote and to stand for
election-on the basis of universal and equal suffrage, to take
part in the Government as well as in the conduct of public affairs
at any level and to have equal access to public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement
and residence within the border of the State;
(ii) The right to leave any country, including one's own, and
to return to one's country;
(iii) The right to nationality;
(iv) The right to marriage
and choice of spouse;
(v) The right to own property
alone as well as in association with others;
(vi) The right to inherit;
(vii) The right to freedom
of thought, conscience and religion;
(viii) The right to freedom
of opinion and expression;
(ix) The right to freedom
of peaceful assembly and association;
(e) Economic, social and cultural
rights, in particular:
(i) The rights to work, to free
choice of employment, to just and favourable conditions of work,
to protection against unemployment, to equal pay for equal work,
to just and favourable remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public
health, medical care, social security and social services;
(v) The right to education
and training;
(vi) The right to equal
participation in cultural activities;
(f) The right of access to any
place or service intended for use by the general public, such
as transport hotels, restaurants, cafes, theatres and parks.
Article 6
States Parties shall assure to everyone within their jurisdiction
effective protection and remedies, through the competent national
tribunals and other State institutions, against any acts of racial
discrimination which violate his human rights and fundamental freedoms
contrary to this Convention, as well as the right to seek from such
tribunals just and adequate reparation or satisfaction for any damage
suffered as a result of such discrimination.
Article 7
States Parties undertake to adopt immediate and effective measures,
particularly in the fields of teaching, education, culture and information,
with a view to combating prejudices which lead to racial discrimination
and to promoting understanding, tolerance and friendship among nations
and racial or ethnical groups, as well as to propagating the purposes
and principles of the Charter of the United Nations, the Universal
Declaration of Human Rights, the United Nations Declaration on the
Elimination of All Forms of Racial Discrimination, and this Convention.
PART
II
Article 8
1. There shall be established a Committee on the Elimination of
Racial Discrimination (hereinafter referred to as the Committee)
consisting of eighteen experts of high moral standing and acknowledged
impartiality elected by States Parties from among their nationals,
who shall serve in their personal capacity, consideration being
given to equitable geographical distribution and to the representation
of the different forms of civilization as well as of the principal
legal systems.
2. The members of the Committee
shall be elected by secret ballot from a list of persons nominated
by the States Parties. Each State Party may nominate one person
from among its own nationals.
3. The initial election shall be
held six months after the date of the entry into force of this Convention.
At least three months before the date of each election the Secretary-General
of the United Nations shall address a letter to the States Parties
inviting them to submit their nominations within two months. The
Secretary-General shall prepare a list in alphabetical order of
all persons thus nominated, indicating the States Parties which
have nominated them, and shall submit it to the States Parties.
4. Elections of the members of the
Committee shall be held at a meeting of States Parties convened
by the Secretary-General at United Nations Headquarters. At that
meeting, for which two thirds of the States Parties shall constitute
a quorum, the persons elected to the Committee shall be nominees
who obtain the largest number of votes and an absolute majority
of the votes of the representatives of States Parties present and
voting.
5.
(a) The members of the Committee shall be elected for a term of
four years. However, the terms of nine of the members elected at
the first election shall expire at the end of two years; immediately
after the first election the names of these nine members shall be
chosen by lot by the Chairman of the Committee;
(b) For the filling of casual vacancies, the State Party whose expert
has ceased to function as a member of the Committee shall appoint
another expert from among its nationals, subject to the approval
of the Committee.
6. States Parties shall be responsible
for the expenses of the members of the Committee while they are
in performance of Committee duties. (amendment (see General Assembly
resolution 47/111 of 16 December 1992); status of ratification)
Article 9
1. States Parties undertake to submit to the Secretary-General of
the United Nations, for consideration by the Committee, a report
on the legislative, judicial, administrative or other measures which
they have adopted and which give effect to the provisions of this
Convention:
(a) within one year after the entry into force of the Convention
for the State concerned; and
(b) thereafter every two years and whenever the Committee so requests.
The Committee may request further information from the States
Parties.
2. The Committee shall report annually,
through the Secretary General, to the General Assembly of the United
Nations on its activities and may make suggestions and general recommendations
based on the examination of the reports and information received
from the States Parties. Such suggestions and general recommendations
shall be reported to the General Assembly together with comments,
if any, from States Parties.
Article 10
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The secretariat of the Committee
shall be provided by the Secretary General of the United Nations.
4. The meetings of the Committee
shall normally be held at United Nations Headquarters.
Article 11
1. If a State Party considers that another State Party is not giving
effect to the provisions of this Convention, it may bring the matter
to the attention of the Committee. The Committee shall then transmit
the communication to the State Party concerned. Within three 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.
2. If the matter is not adjusted to the satisfaction of both parties,
either by bilateral negotiations or by any other procedure open
to them, within six months after the receipt 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.
3. The Committee shall deal with
a matter referred to it in accordance with paragraph 2 of this article
after it has ascertained that all available domestic remedies have
been invoked and exhausted in the case, in conformity with the generally
recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably prolonged.
4. In any matter referred to it,
the Committee may call upon the States Parties concerned to supply
any other relevant information.
5. When any matter arising out of
this article is being considered by the Committee, the States Parties
concerned shall be entitled to send a representative to take part
in the proceedings of the Committee, without voting rights, while
the matter is under consideration.
Article 12
1.
(a) After the Committee has obtained and collated all the information
it deems necessary, the Chairman shall appoint an ad hoc Conciliation
Commission (hereinafter referred to as the Commission) comprising
five 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 offices shall
be made available to the States concerned with a view to an amicable
solution of the matter on the basis of respect for this Convention;
(b) If the States parties to the dispute fail to reach agreement
within three months on all or part of the composition of the Commission,
the members of the Commission not agreed upon by the States parties
to the dispute shall be elected by secret ballot by a two-thirds
majority vote of the Committee from among its own members.
2. The members of the Commission
shall serve in their personal capacity. They shall not be nationals
of the States parties to the dispute or of a State not Party to
this Convention.
3. The Commission shall elect its
own Chairman and adopt its own rules of procedure.
4. The meetings of the Commission
shall normally be held at United Nations Headquarters or at any
other convenient place as determined by the Commission.
5. The secretariat provided in accordance
with article 10, paragraph 3, of this Convention shall also service
the Commission whenever a dispute among States Parties brings the
Commission into being.
6. The States parties to the dispute
shall share equally all the expenses of the members of the Commission
in accordance with estimates to be provided by the Secretary-General
of the United Nations.
7. The Secretary-General shall be
empowered to pay the expenses of the members of the Commission,
if necessary, before reimbursement by the States parties to the
dispute in accordance with paragraph 6 of this article.
8. The information obtained and collated
by the Committee shall be made available to the Commission, and
the Commission may call upon the States concerned to supply any
other relevant information.
Article 13
1. When the Commission has fully considered the matter, it shall
prepare and submit to the Chairman of the Committee a report embodying
its findings on all questions of fact relevant to the issue between
the parties and containing such recommendations as it may think
proper for the amicable solution of the dispute.
2. The Chairman of the Committee
shall communicate the report of the Commission to each of the States
parties to the dispute. These States shall, within three months,
inform the Chairman of the Committee whether or not they accept
the recommendations contained in the report of the Commission.
3. After the period provided for
in paragraph 2 of this article, the Chairman of the Committee shall
communicate the report of the Commission and the declarations of
the States Parties concerned to the other States Parties to this
Convention.
Article 14
1. A State Party may at any time declare that it recognizes the
competence of the Committee to receive and consider communications
from individuals or groups of individuals within its jurisdiction
claiming to be victims of a violation by that State Party of any
of the rights set forth in this Convention. No communication shall
be received by the Committee if it concerns a State Party which
has not made such a declaration.
2. Any State Party which makes a
declaration as provided for in paragraph I of this article may establish
or indicate a body within its national legal order which shall be
competent to receive and consider petitions from individuals and
groups of individuals within its jurisdiction who claim to be victims
of a violation of any of the rights set forth in this Convention
and who have exhausted other available local remedies.
3. A declaration made in accordance
with paragraph 1 of this article and the name of any body established
or indicated in accordance with paragraph 2 of this article shall
be deposited by the State Party concerned with the Secretary-General
of the United Nations, who shall transmit copies thereof to the
other States Parties. A declaration may be withdrawn at any time
by notification to the Secretary-General, but such a withdrawal
shall not affect communications pending before the Committee.
4. A register of petitions shall
be kept by the body established or indicated in accordance with
paragraph 2 of this article, and certified copies of the register
shall be filed annually through appropriate channels with the Secretary-General
on the understanding that the contents shall not be publicly disclosed.
5. In the event of failure to obtain
satisfaction from the body established or indicated in accordance
with paragraph 2 of this article, the petitioner shall have the
right to communicate the matter to the Committee within six months.
6.
(a) The Committee shall confidentially
bring any communication referred to it to the attention of the State
Party alleged to be violating any provision of this Convention,
but the identity of the individual or groups of individuals concerned
shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications;
(b) Within three 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.
7.
(a) The Committee shall consider communications in the light of
all information made available to it by the State Party concerned
and by the petitioner. The Committee shall not consider any communication
from a petitioner unless it has ascertained that the petitioner
has exhausted all available domestic remedies. However, this shall
not be the rule where the application of the remedies is unreasonably
prolonged;
(b) The Committee shall forward its suggestions and recommendations,
if any, to the State Party concerned and to the petitioner.
8. The Committee shall include in
its annual report a summary of such communications and, where appropriate,
a summary of the explanations and statements of the States Parties
concerned and of its own suggestions and recommendations.
9. The Committee shall be competent
to exercise the functions provided for in this article only when
at least ten States Parties to this Convention are bound by declarations
in accordance with paragraph I of this article.
Article 15
1 . Pending the achievement
of the objectives of the Declaration on the Granting of Independence
to Colonial Countries and Peoples, contained in General Assembly
resolution 1514 (XV) of 14 December 1960, the provisions of this
Convention shall in no way limit the right of petition granted to
these peoples by other international instruments or by the United
Nations and its specialized agencies.
2.
(a) The Committee established
under article 8, paragraph 1, of this Convention shall receive copies
of the petitions from, and submit expressions of opinion and recommendations
on these petitions to, the bodies of the United Nations which deal
with matters directly related to the principles and objectives of
this Convention in their consideration of petitions from the inhabitants
of Trust and Non-Self-Governing Territories and all other territories
to which General Assembly resolution 1514 (XV) applies, relating
to matters covered by this Convention which are before these bodies;
(b) The Committee shall receive from the competent bodies of the
United Nations copies of the reports concerning the legislative,
judicial, administrative or other measures directly related to the
principles and objectives of this Convention applied by the administering
Powers within the Territories mentioned in subparagraph (a) of this
paragraph, and shall express opinions and make recommendations to
these bodies.
3. The Committee shall include in
its report to the General Assembly a summary of the petitions and
reports it has received from United Nations bodies, and the expressions
of opinion and recommendations of the Committee relating to the
said petitions and reports.
4. The Committee shall request from
the Secretary-General of the United Nations all information relevant
to the objectives of this Convention and available to him regarding
the Territories mentioned in paragraph 2 (a) of this article.
Article 16
The provisions of this Convention concerning the settlement of disputes
or complaints shall be applied without prejudice to other procedures
for settling disputes or complaints in the field of discrimination
laid down in the constituent instruments of, or conventions adopted
by, the United Nations and its specialized agencies, and shall not
prevent the States Parties from having recourse to other procedures
for settling a dispute in accordance with general or special international
agreements in force between them.
PART
III
Article 17
1. This Convention is open for signature
by any State Member of the United Nations or member of any of its
specialized agencies, by any State Party to the Statute of the International
Court of Justice, and by any other State which has been invited
by the General Assembly of the United Nations to become a Party
to this Convention.
2. This Convention is subject to
ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article 18
1. This Convention shall be open to accession by any State referred
to in article 17, paragraph 1, of the Convention.
2. Accession shall be effected by
the deposit of an instrument of accession with the Secretary-General
of the United Nations.
Article 19
1. This Convention shall enter into force on the thirtieth day after
the date of the deposit with the Secretary-General of the United
Nations of the twenty-seventh instrument of ratification or instrument
of accession.
2. For each State ratifying this
Convention or acceding to it after the deposit of the twenty-seventh
instrument of ratification or instrument of accession, the Convention
shall enter into force on the thirtieth day after the date of the
deposit of its own instrument of ratification or instrument of accession.
Article 20
1. The Secretary-General of the United Nations shall receive and
circulate to all States which are or may become Parties to this
Convention reservations made by States at the time of ratification
or accession. Any State which objects to the reservation shall,
within a period of ninety days from the date of the said communication,
notify the Secretary-General that it does not accept it.
2. A reservation incompatible with
the object and purpose of this Convention shall not be permitted,
nor shall a reservation the effect of which would inhibit the operation
of any of the bodies established by this Convention be allowed.
A reservation shall be considered incompatible or inhibitive if
at least two thirds of the States Parties to this Convention object
to it.
3. Reservations may be withdrawn
at any time by notification to this effect addressed to the Secretary-General.
Such notification shall take effect on the date on which it is received.
Article 21
A State Party may denounce this Convention by written notification
to the Secretary-General of the United Nations. Denunciation shall
take effect one year after the date of receipt of the notification
by the Secretary General.
Article 22
Any dispute between two or more States Parties with respect to the
interpretation or application of this Convention, which is not settled
by negotiation or by the procedures expressly provided for in this
Convention, shall, at the request of any of the parties to the dispute,
be referred to the International Court of Justice for decision,
unless the disputants agree to another mode of settlement.
Article 23
1. A request for the revision of this Convention may be made at
any time by any State Party by means of a notification in writing
addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon
the steps, if any, to be taken in respect of such a request.
Article 24
The Secretary-General of the United Nations shall inform all States
referred to in article 17, paragraph 1, of this Convention of the
following particulars:
(a) Signatures, ratifications and
accessions under articles 17 and 18;
(b) The date of entry into
force of this Convention under article 19;
(c) Communications and declarations
received under articles 14, 20 and 23;
(d) Denunciations under article
21.
Article 25
1. This Convention, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the
archives of the United Nations.
2. The Secretary-General of the United
Nations shall transmit certified copies of this Convention to all
States belonging to any of the categories mentioned in article 17,
paragraph 1, of the Convention.
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