CHARTERS & TREATIES

International Convention on the Elimination of All Forms of Racial Discrimination

Adopted and offered for signature, ratification and accession by United Nations General Assembly Resolution 2106 A (XXI) of 21 December 1965
Entry into force: 4 January 1969, in accordance with Article 19

The States Parties to this Agreement,
Considering that the Charter of the United Nations is based on the principles of dignity and equality inherent in all human beings, and that all Member States have pledged to take collective and individual action, in cooperation with the Organization, in order to realize 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 people Without distinction of race, gender, language or religion,
Considering that the Universal Declaration of Human Rights declares that all human beings are born free and equal in dignity and rights, and that every human being has the right to enjoy all the rights and freedoms stipulated in it, without any discrimination, especially on the grounds of race, color or national origin,
Considering that all human beings are equal before the law and have an equal right to be protected by it from any discrimination and from any incitement to discrimination,
Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated with it, in all their forms 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 been affirmed and officially declared The necessity to put an end to it quickly and unconditionally,
Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination issued on November 20, 1963 (General Assembly Resolution 1904 (XVIII)) solemnly affirms the need for the speedy elimination of racial discrimination in all parts of the world, in all its forms and manifestations, and the need to secure Understand and respect the dignity of the human person,
Believing that any doctrine of superiority based on racial discrimination is a scientifically wrong doctrine, morally denounced, unjust and socially dangerous, and that there is no theoretical or practical justification for racial discrimination anywhere,
Reaffirming that discrimination between human beings on the basis of race, color or ethnic origin constitutes an obstacle to friendly and peaceful relations between nations and a reality that disrupts peace and security among peoples and breaks harmony between people living side by side even within a single State,
Believing that the existence of racial barriers is contrary to the ideals of any human society,
Gravely concerned about the manifestations of racial discrimination that are still noticeable in some regions of the world, and of governmental policies based on racial superiority or racial hatred, such as those of apartheid, segregation or segregation,
Determined to take all necessary measures for the speedy elimination of racial discrimination in all its forms and manifestations, and to prevent and combat racist doctrines and practices with a view to enhancing understanding between races and building a world society free from all forms of racial segregation and discrimination,
Recalling the Convention on Discrimination in the Field of Employment and Occupation adopted by the International Labor Organization in 1958, and the Convention against Discrimination in Education approved by the United Nations Educational, Scientific and Cultural Organization in 1960,
Desiring to implement the principles contained in the United Nations Declaration on the Elimination of Racial Discrimination in all its forms, and to ensure that the necessary practical measures are taken as soon as possible to achieve this,

Have agreed as follows:

part One

Article 1
1. In this convention, the term "racial discrimination" means any distinction, exclusion, restriction or detail based on race, color, descent, or national or ethnic origin, and aims or entails disrupting or obstructing the recognition, enjoyment or exercise of human rights and fundamental freedoms, Equally, in the political, economic, social, cultural, or any other field of public life.
2. This agreement does not apply to any distinction, exclusion, restriction or preference between citizens and non-citizens on the part of any state party to it.
3. It is prohibited to interpret any provision of this agreement in a way that implies any prejudice to the legal provisions in force in the State Parties in relation to nationality, citizenship or naturalization, provided these provisions are free from any discrimination against any particular nationality.
4. No special measures are considered as racial discrimination whose sole purpose is to secure the adequate progress of some racial or ethnic groups in need or for some individuals in need of protection that may be necessary for those groups and these individuals to guarantee for them and for them equality in the enjoyment of human rights and fundamental freedoms or Its practices, provided that these measures do not lead, as a result, to the perpetuation of separate rights that differ in different ethnic groups, and the condition that they do not continue after achieving the goals for which they were taken.

Article 2

1. States Parties condemn racial discrimination and undertake to pursue, by all appropriate means and without any delay, a policy to eliminate racial discrimination in all its forms and to promote understanding between all races, and to this end:
(A) Each State Party undertakes not to commit any act or practice 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, act in accordance with this commitment,
(B) Each State Party undertakes not to encourage, protect or support any racial discrimination emanating from any person or organization.
(C) Each State Party shall take effective measures to review national and local governmental policies and to amend, abolish or abolish any laws or regulations that lead to the establishment or perpetuation of racial discrimination where it exists.
(D) Each State Party shall, by all appropriate means, including necessary legislation if circumstances require it, prohibit and end any racial discrimination emanating from any person, group or organization,
(E) Each State Party undertakes to encourage, when necessary, integrative multinational organizations and movements and other means capable of removing barriers between races, and to discourage anything that would strengthen the racial division.
2. State Parties shall, when circumstances so require, take the necessary special and concrete measures, in the social field, the economic field, the cultural field and other fields, to ensure adequate development and adequate protection for some ethnic groups or individuals belonging to them, with a view to ensuring their full and equal enjoyment of human rights and freedoms. the basic. In no case may these measures result, as a result, of the perpetuation of any disparate or independent rights that differ in different ethnic groups after achieving the goals for which they were taken.

Article 3

States Parties condemn in particular racial segregation and apartheid, and undertake to prevent, prohibit and eradicate all similar practices in the territories under their jurisdiction.

Article 4

State Parties condemn all propaganda and organizations based on ideas or theories stating the superiority of any race or any group of one color or ethnic origin, or that attempt to justify or reinforce any form of racial hatred and racial discrimination, and undertake to take immediate positive measures aimed at eliminating all Incitement to this discrimination and every act of it, and you undertake in particular, to this end and with the right observance of the principles contained in the Universal Declaration of Human Rights and the rights expressly established in Article 5 of this convention, that:
(A) Consider every propagation of ideas based on racial superiority or racial hatred, every incitement to racial discrimination and every act of violence or incitement to such acts committed against any race or any group of color or other ethnic origin, as well as all assistance to racist activities, Including its financing, a crime punishable by law,
(B) To declare the illegal organizations, as well as the organized propaganda and other propaganda activities, that promote and incite racial discrimination, prohibit these organizations and activities and consider participation in any of them a crime punishable by law,
(C) Not to allow public authorities or public institutions, national or local, to promote or incite racial discrimination.

Article 5

In fulfillment of the basic obligations established in Article 2 of this convention, States Parties undertake to prohibit and eliminate racial discrimination in all its forms, and to guarantee the right of every person, without discrimination on the grounds of race, color, or national or ethnic origin, to equality before the law, especially with regard to the enjoyment of the following rights: :
(A) The right to equal treatment before the courts and all other bodies administering the administration of justice,
(B) The right to security of his person and the state's protection of him from any violence or bodily harm, whether by official officials or by any group or institution,
(C) Political rights, in particular the right to participate in elections - voting and nomination - on the basis of universal and equal suffrage, and participation in government and the administration of public affairs at all levels, and assuming public office on an equal footing,
(D) Other civil rights, in particular:
(1) The right to freedom of movement and residence within the borders of the state,
(2) The right to leave any country, including his own, and to return to his country,
(3) The right to a nationality,
(4) The right to marry and choose a spouse,
(5) The right to own property alone or in association with others,
(6) The right of inheritance,
7 The right to freedom of thought, belief, and religion,
(8) The right to freedom of opinion and expression,
(9) The right to freedom of peaceful assembly and formation of or association with peaceful associations,
(E) Economic, social and cultural rights, in particular the following rights:
(1) The right to work, to the freedom to choose the type of work, to just and satisfactory conditions of work, to protection from unemployment, to receive equal wages for equal work, and to receive a fair and satisfactory remuneration,
(2) The right to form and join trade unions,
(3) The right to housing,
(Iv) The right to enjoy public health services, medical care, social security and social services,
(5) The right to education and training,
(6) The right to participate on an equal footing in cultural activities,
(F) The right to enter any place or facility designated for the benefit of the masses of the public, such as transportation, hotels, restaurants, cafes, theaters and public parks.

Article 6

States Parties shall guarantee to every person within their jurisdiction the right to refer to the national courts and other relevant state institutions to protect him and effectively lift the injustice in relation to any act of racial discrimination that violates his human rights and fundamental freedoms and is inconsistent with this convention, as well as the right to refer to it. The aforementioned courts seek a fair and appropriate compensation or fair and appropriate satisfaction for any damage caused to him as a result of this discrimination.

Article 7

States Parties undertake to take immediate and effective measures, particularly in the fields of education, education, culture and information, with a view to combating prejudices that lead to racial discrimination and promoting understanding, tolerance and friendship between nations and other ethnic or ethnic groups, as well as to spread the purposes and principles of the United Nations Charter, the Universal Declaration of Human Rights, and the Declaration of The United Nations on the Elimination of All Forms of Racial Discrimination, and this convention.

part two

Article 8
1. A committee shall be established to name the Committee on the Elimination of Racial Discrimination (hereinafter referred to as the "Committee"), to be composed of eighteen experts of high moral qualities known for their impartiality and integrity, to be elected by the State Parties from among their citizens and who serve in their personal capacity. The committee is to ensure equitable geographical distribution and representation of the different cultural colors and major legal systems.
2. The members of the Commission 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 citizens.
3. The first election shall take place six months after the date on which this agreement enters into force. The Secretary-General of the United Nations, at least three months before the date of any election, sends a letter to the States Parties inviting them to submit the names of their candidates within two months, and then the Secretary-General draws up an alphabetical list of the names of all these candidates with a statement of the States Parties that nominated them, and informs This list goes to the states parties.
4. The members of the Committee shall be elected at a meeting of the States Parties upon the invitation of the Secretary-General at the headquarters of the United Nations. In this meeting, in which a quorum is completed in the presence of representatives of two-thirds of the states parties, the candidates who obtain the largest number of votes and the absolute majority of the votes of the representatives of the states parties present and voting wins.
5. (a) The members of the committee shall be elected for a term of four years, provided that the term of nine of the winning members in the first election shall expire at the end of two years, and the chairman of the committee shall, upon the conclusion of the first election, select the names of these nine members by lot.
(B) In order to fill the casually vacant seats, the State Party whose expert has ceased to carry out his duties as a member of the Committee shall appoint another expert from among its citizens, subject to the Committee's approval of this appointment.
6. States Parties shall bear the expenses of the members of the Committee while they are performing their duties.

Article 9

1. Each State Party undertakes 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 it has taken and which represent implementation of the provisions of this convention, and to do so:
(A) Within one year after this Convention enters into force for it,
(B) Then every two years, as well as whenever the committee requests it. The Committee may request more information from the States Parties.
2. The Committee, through the Secretary-General, submits an annual report on its activities to the General Assembly. It may make suggestions and general recommendations based on its study of the reports and information received from the States Parties. These general suggestions and recommendations are reported to the General Assembly, together with any observations that the states parties may make.

Article 10

1. The committee shall establish its bylaws.
2. The committee elects its bureau for two years.
3. The Secretary-General of the United Nations shall provide the Committee with its secretariat.
4. The committee usually holds its meetings at the United Nations headquarters.

Article 11

1. If a state party considers that another state party is not implementing the provisions of this convention, it may draw the attention of the committee to that. The committee shall at that time transmit a letter to draw attention to the State Party concerned. The country to which it is addressed shall provide the committee in writing, within three months, with the clarifications or data necessary to clear the matter, with reference, when necessary, to any measures it may have taken to remedy the matter.
2. When it is not possible to settle the issue satisfactorily for both parties, either through bilateral negotiations or by any other procedure available to them, within six months of the addressee's receiving the initial message, either state shall have the right to refer the matter again to the committee by a notification that it sends to it as it sends it. To the other country.
3. The committee shall consider any issues referred to it in accordance with paragraph 2 of this article after certifying that all available domestic remedies have been resorted to and exhausted in the case, in accordance with generally recognized principles of international law. This rule does not apply in cases where the grievance procedure takes longer than reasonable limits.
4. In any matter referred to it, the Committee may request the two States Parties concerned to provide it with any other relevant information.
5. Each of the two states parties concerned shall have the right, when the committee considers any issue covered by this article, to send a representative to participate in the work of the committee, without enjoying the right to vote, throughout the period of consideration of this issue.

Article 12

1. (a) After obtaining all the information it deems necessary and checking and comparing it, the chairperson of the committee shall appoint a special conciliation commission (hereinafter referred to as the “body”) consisting of five persons who may be members of the committee or not. The members of the Commission are appointed with the unanimous consent of the parties to the dispute, and the two concerned states shall be allowed to benefit from their good offices in order to reach an amicable solution to the issue on the basis of respecting this agreement.
(B) When it is not possible for the two states parties to the dispute to reach an agreement within three months to form the whole body or some of it, the committee shall elect the members not agreed upon from among its members by secret ballot and by a two-thirds majority.
2. The members of the Commission work in it in their personal capacity, and they may not be citizens of the two countries that are parties to the conflict or of countries not party to this agreement.
3. The Commission elects its president and sets its bylaw.
4. The Commission normally holds its meetings at the headquarters of the United Nations, or in any other suitable place it designates.
5. The body emerging from any dispute between two State Parties shall also provide the secretariat services provided in accordance with paragraph 3 of Article 10 of this Agreement.
6. The two states parties to the conflict shall share equally the payment of all the expenses of the members of the Commission, according to estimates drawn up by the Secretary-General of the United Nations.
7. The Secretary-General of the United Nations shall have the authority to pay, when necessary, the expenses of the members of the Commission before payment by the two states parties to the conflict to it in accordance with paragraph 6 of this article.
8. The information obtained by the committee, auditing and comparing it, shall be placed at the disposal of the authority, which may also request the two countries concerned to provide it with any other relevant information.

Article 13

1. Whenever the Commission has exhausted its consideration of the matter, it shall prepare a report to submit it to the Chairman of the Commission, including its findings on all factual issues related to the dispute between the two parties, and including recommendations it deems appropriate to resolve the dispute amicably.
2. The committee chairperson sends the commission’s report to each of the two countries involved in the dispute. Each of them shall, within three months, inform the Chairman of the Committee of their acceptance or non-acceptance of the recommendations contained in the report of the Commission.
3. After the expiration of the period stipulated in Paragraph 2 of this Article, the Chairman of the Committee shall send the report of the Commission and the statements of the two states parties concerned to all other states party to this agreement.

Article 14

1. Any state party may declare at any time that it recognizes the competence of the committee to receive and study letters submitted by individuals or groups of individuals within the jurisdiction of this state party who claim to be victims of any violation by it of any of the rights stipulated in this convention. The committee may accept receipt of any letter related to any state party that has not made such a declaration.
2. Any State Party that issues a declaration as stipulated in Paragraph 1 of this Article may establish or designate a body within its national legal system to be competent to receive and consider petitions submitted by individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights established in this Agreement and they will have exhausted other available local grievance methods.
3. The State Party concerned shall deposit the declaration issued in accordance with paragraph 1 of this Article, and the name of the body established or designated in accordance with paragraph 2 of this Article, with the Secretary-General of the United Nations, and the Secretary-General sends copies of them to the other states parties, and this declaration may be withdrawn in At any time, a notification is sent to the Secretary-General, but this withdrawal shall have no effect on the letters that are under consideration by the Committee.
4. The organ created or designated in accordance with paragraph 2 of this Article shall keep a register of petitions and annually deposit the Secretary-General, through appropriate channels, certified copies of this register, provided that their contents are not distributed to the public.
5. The petitioner, if he does not succeed in obtaining what he requested from the body created or appointed in accordance with paragraph 2 of this Article, shall have the right to report his complaint to the committee within six months.
6. (A) The Committee shall, in secret, summon the attention of the State Party claiming to violate any of the provisions of this Convention for any complaint reported to it. However, the identity of the individual concerned or the groups of individuals concerned may not be revealed without his or her explicit consent. The committee may not accept receiving any anonymous messages.
(B) The receiving State shall, within three months, provide the Committee with the explanations or written statements necessary to clear the matter, indicating, if necessary, any measures it may have taken to remedy the matter.
7. (a) The Committee shall consider the communications in the light of all information made available to it by the State Party concerned and by the petitioner. The committee may not consider any letter from the petitioner except after being certain that he has exhausted all available local means of recourse. This rule does not apply in cases where the grievance procedure takes longer than reasonable limits.
(B) The Committee shall provide the State Party concerned with the petitioner with suggestions and recommendations that it may wish to make.
8. The Committee shall take into account the inclusion in its annual report of a summary of these letters and, when necessary, a summary of the clarifications and statements submitted by the concerned states parties, as well as their suggestions and recommendations.
9. The competence of the Committee to carry out the functions stipulated in this Article does not begin until at least ten of the States Parties to this Agreement have issued the necessary declarations in accordance with paragraph 1 of this Article.

Article 15

1. Pending the realization of the purposes 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 not impose any restriction on the right to petitions granted to these peoples by other international instruments or nations. United and its specialized agencies.
2. (a) The Committee established pursuant to Article 8, paragraph 1, of this Convention shall receive from the United Nations bodies concerned with matters directly related to the principles and purposes of this Convention, and on the occasion of the consideration of these bodies of the petitions submitted to it and submitted to it by the inhabitants of the Trustee and Non-Self-Governing Territories and other Other regions to which General Assembly resolution 1514 (XV) applies, copies of these petitions and concludes with their opinions and recommendations on them.
(B) The committee shall receive from the competent United Nations bodies copies of the reports related to legislative, judicial, administrative or other measures directly related to the principles and purposes of this convention that are applied by the administering powers in the territories referred to in clause (a) of this paragraph. These bodies have their opinions and recommendations.
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, as well as its opinions and recommendations regarding these petitions and reports.
4. The Committee shall request from the Secretary-General of the United Nations to provide it with all information relevant to the purposes of this convention and available to him regarding the territories referred to in paragraph 2 (a) of this Article.

Article 16

The provisions relating to the settlement of disputes or the settlement of complaints stipulated in this agreement shall apply without prejudice to any of the other procedures related to the settlement of disputes or the settlement of complaints in the field of discrimination established in the founding instruments of the United Nations and its specialized agencies or in the agreements approved by the aforementioned bodies, and these provisions shall not prevent States parties resort to other procedures for settling disputes in accordance with general or special international agreements in force between them.

the third part

Article 17
1. This agreement is available for signature by any member state of the United Nations or a member of any of its specialized agencies, any state party to the statute of the International Court of Justice, and any other state called by the United Nations General Assembly to become a party to this agreement.
2. This Agreement is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 18

1. Accession to this Convention is available to any of the states referred to in paragraph 1 of Article 17 of the Convention.
2. Accession takes place by depositing an instrument of accession with the Secretary-General of the United Nations.

Article 19

1. The Convention shall enter into force on the 30th day following the date of the deposit of the twenty-seventh instrument of ratification or accession with the Secretary-General of the United Nations.
2. As for the states that ratify this convention or accede to it after the twenty-seventh instrument of ratification or accession has been deposited, this convention shall enter into force for each of them on the thirtieth day following the date of deposit of their instrument of ratification or accession instrument.

Article 20

1. The Secretary-General of the United Nations undertakes to receive reservations made by states upon their ratification or accession to this convention and to circulate these reservations to all states that are parties to this convention or may become parties to it. Each state that has any objection to any reservation informs the Secretary-General, within ninety days from the date of the aforementioned circular, of its non-acceptance of this reservation.
2. Any reservation that contradicts the object and purpose of this agreement shall not be permitted, nor shall any reservation be permitted that would obstruct the work of any of the bodies established in it. A reservation is deemed incompatible or obstructive 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 addressed to the Secretary-General. This notification shall enter into force on the date it is received.

Article 21

Each state party may denounce this convention by written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the notification is received by the Secretary-General.

Article 22

In the event of any dispute that arises between two or more states parties regarding the interpretation or application of this agreement and it is not possible to settle it by negotiation or the procedures expressly stipulated in this agreement, this dispute shall be referred, at the request of any of its parties, to the International Court of Justice for a decision, unless agreed Disputants over another way to settle it.

Article 23

1. Any state party may at any time request the revision of this agreement, by means of a written memorandum addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide on the steps that may be required in connection with this request.

Article 24

The Secretary-General of the United Nations shall inform all the states referred to in article 17, paragraph 1, of this Convention of the following:
(A) Signatures, ratifications and accessions made under Articles 17 and 18,
(B) The date on which this Convention enters into force under Article 19,
(C) Messages and announcements received under articles 14, 20 and 23,
(D) Notices of denunciation received under Article 21.

Article 25

1. This Agreement, the texts of which are equally authentic, in Spanish, English, Russian, Chinese and French shall be deposited in the archives of the United Nations.
2. The Secretary General shall send certified copies of this agreement to all countries belonging to any of the groups referred to in paragraph 1 of Article 17 of the Convention.
_______________________
* Human Rights: A Compilation of International Instruments, Volume One, United Nations, New York, 1993, Sales No. A.94.XIV-Vol.1, Part 1, pp. 90: 110.

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