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International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention committing its members to eliminate racial discrimination and promote understanding among all races. It criminalizes hate speech and racist organizations, includes an individual complaints mechanism, and has led to a limited jurisprudence on its application.

Genesis

The idea for ICERD originated in December 1960 following global antisemitic incidents. African nations pushed for a binding convention rather than a declaration. The General Assembly adopted the draft Declaration on 20 November 1963, and the Convention itself was adopted on 21 December 1965, entering into force on 4 January 1969.

Core Provisions

Definition of Racial Discrimination

Article 1 defines racial discrimination as any distinction, exclusion, or restriction based on race, color, descent, or national/ethnic origin that impairs equal human rights. Citizenship-based distinctions and temporary affirmative actions are excluded.

Prevention of Discrimination

Articles 2 and 5 obligate parties to:

Eliminate racial discrimination
Review and amend discriminatory policies
Prohibit discrimination by individuals and organizations
Promote understanding among races
Guarantee equality before the law in civil, political, economic, and social rights

Condemnation of Apartheid

Article 3 condemns apartheid and racial segregation. The Convention regards apartheid as a crime against humanity and urges eradication of its effects.

Prohibition of Incitement

Article 4 criminalizes hate speech and racist propaganda. Some nations have reservations based on free speech protections.

Promotion of Tolerance

Article 7 encourages education to combat racial prejudice and promote tolerance.

Dispute Resolution

Articles 11-13 and 22 establish mechanisms for state-to-state disputes, including possible referral to the International Court of Justice. Article 22 has been invoked in high-profile cases (e.g., Georgia v. Russia).

Individual Complaints Mechanism

Article 14 enables individuals to file complaints against states, contingent on domestic remedy exhaustion. By 2010, 58 states accepted this mechanism.

Reservations and Interpretations

Numerous countries interpret ICERD provisions narrowly or reserve certain applications:

Article 22: Several states reject automatic ICJ jurisdiction.
Hate Speech: Some nations do not accept obligations that infringe on free speech.
Immigration: Countries like Monaco and Switzerland reserve control over labor market access.
Indigenous Rights: Tonga and Fiji maintain land rights and voting laws for indigenous populations.

Jurisprudence

At the CERD Committee

Cases addressed issues including Roma discrimination in Europe, failure to prosecute hate crimes, and racially offensive symbols. Notable rulings:

Koptova v. Slovakia: Local anti-Roma policies ruled discriminatory.
Hagan v. Australia: Offensive stadium name ruled racially insensitive.

At the ICJ

The Convention has been used in international disputes, notably by Georgia and Ukraine against Russia.

Impact

ICERD has broad international acceptance. However, implementation suffers from inconsistent state reporting. Nonetheless, the reporting requirement is credited with encouraging legislative reforms.

Committee on the Elimination of Racial Discrimination

The CERD monitors ICERD implementation. It comprises 18 elected experts who assess country reports and issue observations. The Committee meets biannually in Geneva.

Recent highlights:

China: Concerns over Uyghur internment camps (2018).
Palestine: First report reviewed in 2019; raised issues on antisemitism and minority treatment.
Israel: Committee acknowledged jurisdiction over Palestinian complaints and raised segregation concerns.

Opposition

In Malaysia

On 8 December 2018, major political parties and NGOs protested against ICERD, fearing it would undermine the special status of Malays and Islam.

References and Further Reading

Lérner, Natán (1980). The U.N. Convention on the Elimination of All Forms of Racial Discrimination: A Commentary.
UN Audiovisual Library: ICERD history and interpretation
Broecker & O’Flaherty (2014). Treaty Body Strengthening Process Report
Sicilianos, Linos-Alexander. Application of ICERD: Challenges Ahead

External Links

Text of the Convention(https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial-discrimination)
List of Parties to ICERD(https://treaties.un.org/pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-2&chapter=4)
Committee on the Elimination of Racial Discrimination(https://www.ohchr.org/en/treaty-bodies/cerd)
CERD Jurisprudence(https://juris.ohchr.org/) (Archived)

Eaglewiki

International Convention on the Elimination of All Forms of Racial Discrimination

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