International
Convention on the Elimination of All
Forms of Racial Discrimination
March 7, 1966
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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 in 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 All Forms of Racial Discrimination and to secure
the earliest adoption of practical measures to that end,
Have agreed as follows:
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PART I
Article 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.
- This Convention shall not apply to distinctions, exclusions,
restrictions or preferences made by a State Party to this Convention between citizens and
non-citizens.
- 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.
- 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 ensure
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 multi-racial 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 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 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:
(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 rights 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.
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PART II
Article 8
- 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.
- 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.
- 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.
- 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 those nominees who obtain the
largest number of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.
- (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.
Article 9
- 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.
- 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
- The Committee shall adopt its own rules of procedure.
- The Committee shall elect its officers for a term of two years.
- The secretariat of the Committee shall be provided by the
Secretary-General of the United Nations.
- The meetings of the Committee shall normally be held at United
Nations Headquarters.
Article 11
- 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.
- 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.
- 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.
- In any matter referred to it, the Committee may call upon the
States Parties concerned to supply any other relevant information.
- 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
- 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.
- 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.
- 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
- 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.
- Any State Party which makes a declaration as provided for in
paragraph 1 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.
- 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.
- 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.
- 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.
- (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
- 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.
- (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 sub-paragraph (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 in 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.
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PART III
Article 17
- 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.
- This Convention is subject to ratification. Instruments of
ratification shall be deposited with the Secretary-General of the United Nations.
Article 18
- This Convention shall be open to accession by any State referred
to in article 17, paragraph 1, of the Convention.
- Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
Article 19
- 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.
- 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
- 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.
- 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.
- 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 negociation
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
- 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.
- The General Assembly of the United Nations shall decide upon the
steps, if any, to be taken in respect of such a request.UN Declaration of Human Rights - December 10, 1948
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
- 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.
- 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.
IN FAITH WHEREOF the undersigned, being duly authorized thereto
by their respective Governments, have signed the present Convention, opened for signature
at New York, on the seventh day of March, one thousand nine hundred and sixty-six.
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Related Documents:
UN Charter (1946) /
Univ. Decl. of
Human Rights (1948 ) / Conv. on Discrimination in Employment & Occupation
(1958) / Conv. against Discr. in Education (1960) / Decl. on Indep. to Colonial
Countries (1960) / UN Decl. on Racial Discrimination (1963)
/ UN Convention on Racial Discrimination (1966)
[Notes for Authors: Bookmarks are installed for Parts,
i.e. Part I, Part II, & Part III and all Articles, i.e. Art 1, Art 2, ...
Art 25]