New York “International Convention on the Elimination of All Forms of Racial Discrimination” of 1965
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Sovereign Law Series
New York “International
Convention on the Elimination of
All Forms of Racial Discrimination”
of 1965
Short-Form Reference:
1965 “Convention on Racial Discrimination”
In-Line Micro Reference:
1965 “Racial Discrimination”
Ratification / Registration:
UN-GA Res. 2106 (XX) New York (21 Dec 1965)
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Official Text of this Law Source as Ratified
International Convention on the Elimination of
All Forms of Racial Discrimination
Preamble
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 cooperation 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;
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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 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
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.
[In this Convention, unlawful “discrimination” only covers race, color or national
origin, and only protects equal human rights. It thus cannot prohibit criticism of the
ideology, politics or practices of a religion or culture, because those can include people
of different races, and such criticism does not deprive anyone of human rights.]
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.
[Article 1 Sections 2-3 protect a civil right to criticize or discuss public policy on
citizenship and immigration matters, or to consider or distinguish citizenship or
immigration status among individuals of equal human rights.]
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.
[This Article 1.4 is the legal construct later popularized as “Affirmative Action”,
specifying clear legal limitations on such policies, restricted only to “equal human
rights”, and prohibiting creating “separate rights”. This is related to the “Affirmative
Action” concept described in Article 2.2.]
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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 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 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.
[This Article 2.2 is related to the “Affirmative Action” concept described in Article 1.4]
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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.
[This Article 4 is the legal construct later popularized as “Hate Speech”, specifying that
it prohibits only speech promoting “racial superiority or hatred”, or “incitement” of
discrimination (depriving of human rights) or violence against any race. It thus cannot
prohibit criticism of the ideology, politics or practices of a religion or culture, because
those can include people of different races, and such criticism does not deprive
anyone of human rights, and thus is not “Hate Speech”]
[The key phrase “superiority or hatred” in Article 4(a), from Preamble: ¶9, provides
the only working definition of the term “hatred”, identifying it as the alternate aspect
of “superiority”, thus promoting “hate” against a racial group as supposedly inferior,
thereby inciting deprivation of human rights against members of that group.]
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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 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;
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[Note that this Article 5(d) restates that all races have equal human rights to “freedom
of thought, conscience and religion” and “freedom of opinion”.
First, this confirms that protected “race” cannot include ideology, politics or practices
of a religion or culture, because those can include people of different races, who have
the right to choose and change their opinions and practices.
Second, as a minority race has the equal human right to “freedom of thought and
opinion”, so a majority race still holds that same universal human right.
Therefore, the “Hate Speech” rule cannot prohibit criticism of the ideology, politics or
practices of a religion or culture, regardless of which race may happen to be
predominantly associated with it.]
(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.
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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.
[This means that in promoting education discrediting prejudices against minority
races, it is equally prohibited for that same education to promote prejudices against a
traditionally majority race. As highlighted by the “Affirmative Action” principles in
Articles 1.4 and 2.2, “equal” rights means “equal”, not “unequal or separate”.]
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.
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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.
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.
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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;
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(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.
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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 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.
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;
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(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 1 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;
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(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.
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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.
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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.
Sovereign Law Series
New York “International
Convention on the Elimination of
All Forms of Racial Discrimination”
of 1965
Short-Form Reference:
1965 “Convention on Racial Discrimination”
In-Line Micro Reference:
1965 “Racial Discrimination”
Ratification / Registration:
UN-GA Res. 2106 (XX) New York (21 Dec 1965)
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2
Introductory Notes by the Independent Judiciary
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reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
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Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
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Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
International Convention on the Elimination of
All Forms of Racial Discrimination
Preamble
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 cooperation 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;
4
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 All Forms of Racial Discrimination and to secure the earliest
adoption of practical measures to that end;
Have agreed as follows:
5
PART I
Article 1
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.
[In this Convention, unlawful “discrimination” only covers race, color or national
origin, and only protects equal human rights. It thus cannot prohibit criticism of the
ideology, politics or practices of a religion or culture, because those can include people
of different races, and such criticism does not deprive anyone of human rights.]
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.
[Article 1 Sections 2-3 protect a civil right to criticize or discuss public policy on
citizenship and immigration matters, or to consider or distinguish citizenship or
immigration status among individuals of equal human rights.]
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.
[This Article 1.4 is the legal construct later popularized as “Affirmative Action”,
specifying clear legal limitations on such policies, restricted only to “equal human
rights”, and prohibiting creating “separate rights”. This is related to the “Affirmative
Action” concept described in Article 2.2.]
6
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 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 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.
[This Article 2.2 is related to the “Affirmative Action” concept described in Article 1.4]
7
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.
[This Article 4 is the legal construct later popularized as “Hate Speech”, specifying that
it prohibits only speech promoting “racial superiority or hatred”, or “incitement” of
discrimination (depriving of human rights) or violence against any race. It thus cannot
prohibit criticism of the ideology, politics or practices of a religion or culture, because
those can include people of different races, and such criticism does not deprive
anyone of human rights, and thus is not “Hate Speech”]
[The key phrase “superiority or hatred” in Article 4(a), from Preamble: ¶9, provides
the only working definition of the term “hatred”, identifying it as the alternate aspect
of “superiority”, thus promoting “hate” against a racial group as supposedly inferior,
thereby inciting deprivation of human rights against members of that group.]
8
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 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;
9
[Note that this Article 5(d) restates that all races have equal human rights to “freedom
of thought, conscience and religion” and “freedom of opinion”.
First, this confirms that protected “race” cannot include ideology, politics or practices
of a religion or culture, because those can include people of different races, who have
the right to choose and change their opinions and practices.
Second, as a minority race has the equal human right to “freedom of thought and
opinion”, so a majority race still holds that same universal human right.
Therefore, the “Hate Speech” rule cannot prohibit criticism of the ideology, politics or
practices of a religion or culture, regardless of which race may happen to be
predominantly associated with it.]
(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.
10
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.
[This means that in promoting education discrediting prejudices against minority
races, it is equally prohibited for that same education to promote prejudices against a
traditionally majority race. As highlighted by the “Affirmative Action” principles in
Articles 1.4 and 2.2, “equal” rights means “equal”, not “unequal or separate”.]
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.
11
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.
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.
12
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;
13
(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.
14
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 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.
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;
15
(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 1 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;
16
(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.
17
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.
18
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.