international convention on the elimination of all forms of racial discrimination

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International Convention on the Elimination of All Forms of Racial Discrimination Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965 entry into force 4 January 1969, in accordance with Article 19 The States Parties to this Convention, Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin, Considering that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination, Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, in whatever form and wherever they exist, and that the Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960 (General Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end, Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly affirms the necessity of speedily eliminating racial discrimination throughout the world in all its forms and manifestations and of securing understanding of and respect for the dignity of the human person, Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere, Reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin is an obstacle to friendly and peaceful relations

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International Convention on the Elimination of All Forms of RacialDiscriminationAdopted and opened for signature and ratification by General Assembly resolution 21! "##$of 21 December 1%!&entry into force ' (anuary 1%!%) in accordance *ith Article 1%The States Parties to this Convention, Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent inall human beings, and that all Member States have pledged themselves to take oint and separate action, in co!operation "ith the #rgani$ation, for the achievement of one of the purposes of the United Nations "hich is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, "ithout distinction as to race, se%, language or religion, Considering that the Universal &eclaration of 'uman (ights 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, "ithout distinction of any kind, in particular as to race, colour or national origin, Considering that all human beings are equal before the la" and are entitled to equal protection of the la" 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 there"ith, in "hatever form and "herever they e%ist, and that the &eclaration on the )ranting of *ndependence to Colonial Countries and Peoples of +, &ecember +-./ 0)eneral 1ssembly resolution +2+, 03455 has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end, Considering that the United Nations &eclaration on the 6limination of 1ll 7orms of (acial &iscrimination of 8/ November +-.9 0)eneral 1ssembly resolution +-/, 034***55 solemnly affirms the necessity of speedily eliminating racial discrimination throughout the "orld in all its forms and manifestations and of securing understanding of and respect for the dignity of the human person, Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unust and dangerous, and that there is no ustification for racial discrimination, in theory orin practice, any"here, (eaffirming that discrimination bet"een 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 "ithin one and the same State, Convinced that the e%istence of racial barriers is repugnant to the ideals of any human society, 1larmed by manifestations of racial discrimination still in evidence in some areas of the "orld and by governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation, (esolved 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 bet"een races and to build an international community free from all forms of racial segregation and racial discrimination, :earing in mind the Convention concerning &iscrimination in respect of 6mployment and #ccupation adopted by the *nternational ;abour #rganisation in +-2 Article 5*n compliance "ith the fundamental obligations laid do"n in article 8 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, "ithout distinction as to race, colour, or national or ethnic origin, to equality before the la", notably in the enoyment of the follo"ing rights= 0a5 The right to equal treatment before the tribunals and all other organs administering ustice@ 0b5 The right to security of person and protection by the State against violence or bodily harm, "hether inflicted bygovernment officials or by any individual group or institution@ 0c5 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 )overnment as "ell as in the conduct of public affairs at any level and to have equal access to public service@ 0d5 #ther civil rights, in particular= 0i5 The right to freedom of movement and residence "ithin the border of the State@ 0ii5 The right to leave any country, including oneAs o"n, and to return to oneAs country@ 0iii5 The right to nationality@ 0iv5 The right to marriage and choice of spouse@ 0v5 The right to o"n property alone as "ell as in association "ith others@ 0vi5 The right to inherit@ 0vii5 The right to freedom of thought, conscience and religion@ 0viii5 The right to freedom of opinion and e%pression@ 0i%5 The right to freedom of peaceful assembly and association@ 0e5 6conomic, social and cultural rights, in particular= 0i5 The rights to "ork, to free choice of employment, to ust and favourable conditions of "ork, to protection against unemployment, to equal pay for equal "ork, to ust and favourable remuneration@ 0ii5 The right to form and oin trade unions@ 0iii5 The right to housing@ 0iv5 The right to public health, medical care, social security and social services@ 0v5 The right to education and training@ 0vi5 The right to equal participation in cultural activities@ 0f5 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 6States Parties shall assure to everyone "ithin their urisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination "hich violate hishuman rights and fundamental freedoms contrary to this Convention, as "ell as the right to seek from such tribunals ust and adequate reparation or satisfaction for any damage suffered as a result of such discrimination> Article 7States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, "ith a vie" to combating preudices "hich lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as "ell as to propagating the purposes and principles of the Charter of the United Nations, the Universal &eclaration of 'uman (ights, the United Nations &eclaration on the 6limination of 1ll 7orms of (acial &iscrimination, and this Convention> +AR, IIArticle 8+> There shall be established a Committee on the 6limination of (acial &iscrimination 0hereinafter referred to as the Committee5 consisting of eighteen e%perts of high moral standing and ackno"ledged impartiality elected by States Parties from among their nationals, "ho shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civili$ation as "ell as of the principal legal systems> 8> The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties> 6ach State Party may nominate one person from among its o"n nationals> 9> The initial election shall be held si% months after the date of the entry into force of this Convention> 1t least three months before the date of each election the Secretary!)eneral of the United Nations shall address a letter to the States Parties inviting them to submit their nominations "ithin t"o months> The Secretary!)eneral shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties "hich have nominated them, and shall submit it to the States Parties> ,> 6lections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary!)eneral at United Nations 'eadquarters> 1t that meeting, for "hich t"o thirds of the States Parties shallconstitute a quorum, the persons elected to the Committee shall be nominees "ho obtain the largest number of votes and an absolute maority of the votes of the representatives of States Parties present and voting> 2> 0a5 The members of the Committee shall be elected for a term of four years> 'o"ever, the terms of nine of the members elected at the first election shall e%pire at the end of t"o years@ immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee@ 0b5 7or the filling of casual vacancies, the State Party "hose e%pert has ceased to function as a member of the Committee shall appoint another e%pert from among its nationals, subect to the approval of the Committee> .> States Parties shall be responsible for the e%penses of the members of the Committee "hile they are in performance of Committee duties> Article 9+> States Parties undertake to submit to the Secretary!)eneral of the United Nations, for consideration by the Committee, a report on the legislative, udicial, administrative or other measures "hich they have adopted and "hich give effect to the provisions of this Convention= 0a5 "ithin one year after the entry into force of the Convention for the State concerned@ and 0b5 thereafter every t"o years and "henever the Committee so requests> The Committee may request further information from the States Parties> 8> The Committee shall report annually, through the Secretary )eneral, to the )eneral 1ssembly of the United Nations on its activities and may make suggestions and general recommendations based on the e%amination of the reports and information received from the States Parties> Such suggestions and general recommendations shall be reported to the )eneral 1ssembly together "ith comments, if any, from States Parties> Article 10+> The Committee shall adopt its o"n rules of procedure> 8> The Committee shall elect its officers for a term of t"o years> 9> The secretariat of the Committee shall be provided by the Secretary )eneral of the United Nations> ,> The meetings of the Committee shall normally be held at United Nations 'eadquarters> Article 11+> *f a State Party considers that another State Party is not giving effect to the provisions of this Convention, it maybring the matter to the attention of the Committee> The Committee shall then transmit the communication to the State Party concerned> Bithin three months, the receiving State shall submit to the Committee "ritten e%planations or statements clarifying the matter and the remedy, if any, that may have been taken by that State> 8> *f the matter is not adusted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, "ithin si% 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 theother State> 9> The Committee shall deal "ith a matter referred to it in accordance "ith paragraph 8 of this article after it has ascertained that all available domestic remedies have been invoked and e%hausted in the case, in conformity "ith the generally recogni$ed principles of international la"> This shall not be the rule "here the application of the remedies is unreasonably prolonged> ,> *n any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant information> 2> Bhen 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, "ithout voting rights, "hile the matter is under consideration> Article 12+> 0a5 1fter the Committee has obtained and collated all the information it deems necessary, the Chairman shall appoint an ad hoc Conciliation Commission 0hereinafter referred to as the Commission5 comprising five persons "ho may or may not be members of the Committee> The members of the Commission shall be appointed "ith the unanimous consent of the parties to the dispute, and its good offices shall be made available to the States concerned "ith a vie" to an amicable solution of the matter on the basis of respect for this Convention@ 0b5 *f the States parties to the dispute fail to reach agreement "ithin 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 t"o!thirds maority vote of the Committee from among its o"n members> 8> 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> 9> The Commission shall elect its o"n Chairman and adopt its o"n rules of procedure> ,> The meetings of the Commission shall normally be held at United Nations 'eadquarters or at any other convenient place as determined by the Commission> 2> The secretariat provided in accordance "ith article +/, paragraph 9, of this Convention shall also service the Commission "henever a dispute among States Parties brings the Commission into being> .> The States parties to the dispute shall share equally all the e%penses of the members of the Commission in accordance "ith estimates to be provided by the Secretary!)eneral of the United Nations> C> The Secretary!)eneral shall be empo"ered to pay the e%penses of the members of the Commission, if necessary, before reimbursement by the States parties to the dispute in accordance "ith paragraph . of this article> 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+> Bhen 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 bet"een the parties and containing such recommendations as it may think proper for the amicable solution of the dispute> 8> The Chairman of the Committee shall communicate the report of the Commission to each of the States parties tothe dispute> These States shall, "ithin three months, inform the Chairman of the Committee "hether or not they accept the recommendations contained in the report of the Commission> 9> 1fter the period provided for in paragraph 8 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 State Party may at any time declare that it recogni$es the competence of the Committee to receive and consider communications from individuals or groups of individuals "ithin its urisdiction 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 "hich has not made such a declaration> 8> 1ny State Party "hich makes a declaration as provided for in paragraph * of this article may establish or indicate a body "ithin its national legal order "hich shall be competent to receive and consider petitions from individuals and groups of individuals "ithin its urisdiction "ho claim to be victims of a violation of any of the rights set forth in this Convention and "ho have e%hausted other available local remedies> 9> 1 declaration made in accordance "ith paragraph + of this article and the name of any body established or indicated in accordance "ith paragraph 8 of this article shall be deposited by the State Party concerned "ith the Secretary!)eneral of the United Nations, "ho shall transmit copies thereof to the other States Parties> 1 declaration may be "ithdra"n at any time by notification to the Secretary!)eneral, but such a "ithdra"al shall notaffect communications pending before the Committee> ,> 1 register of petitions shall be kept by the body established or indicated in accordance "ith paragraph 8 of this article, and certified copies of the register shall be filed annually through appropriate channels "ith the Secretary!)eneral on the understanding that the contents shall not be publicly disclosed> 2> *n the event of failure to obtain satisfaction from the body established or indicated in accordance "ith paragraph8 of this article, the petitioner shall have the right to communicate the matter to the Committee "ithin si% months> .> 0a5 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 "ithout his or their e%press consent> The Committee shall not receive anonymous communications@ 0b5 Bithin three months, the receiving State shall submit to the Committee "ritten e%planations or statements clarifying the matter and the remedy, if any, that may have been taken by that State> C> 0a5 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 e%hausted all available domestic remedies> 'o"ever, this shall not be the rule "here the application of the remedies is unreasonably prolonged@ 0b5 The Committee shall for"ard its suggestions and recommendations, if any, to the State Party concerned and to the petitioner> The Committee shall include in its annual report a summary of such communications and, "here appropriate, a summary of the e%planations and statements of the States Parties concerned and of its o"n suggestions and recommendations> -> The Committee shall be competent to e%ercise the functions provided for in this article only "hen at least ten States Parties to this Convention are bound by declarations in accordance "ith paragraph * of this article> Article 15+ > Pending the achievement of the obectives of the &eclaration on the )ranting of *ndependence to Colonial Countries and Peoples, contained in )eneral 1ssembly resolution +2+, 0345 of +, &ecember +-./, the provisionsof this Convention shall in no "ay limit the right of petition granted to these peoples by other international instruments or by the United Nations and its speciali$ed agencies> 8> 0a5 The Committee established under article 9> The Committee shall include in its report to the )eneral 1ssembly a summary of the petitions and reports it has received from United Nations bodies, and the e%pressions of opinion and recommendations of the Committee relating to the said petitions and reports> ,> The Committee shall request from the Secretary!)eneral of the United Nations all information relevant to the obectives of this Convention and available to him regarding the Territories mentioned in paragraph 8 0a5 of this article> Article 16The provisions of this Convention concerning the settlement of disputes or complaints shall be applied "ithout preudice to other procedures for settling disputes or complaints in the field of discrimination laid do"n in the constituent instruments of, or conventions adopted by, the United Nations and its speciali$ed agencies, and shall not prevent the States Parties from having recourse to other procedures for settling a dispute in accordance "ith general or special international agreements in force bet"een them> +AR, IIIArticle 17+> This Convention is open for signature by any State Member of the United Nations or member of any of its speciali$ed agencies, by any State Party to the Statute of the *nternational Court of Dustice, and by any other State "hich has been invited by the )eneral 1ssembly of the United Nations to become a Party to this Convention> 8> This Convention is subect to ratification> *nstruments of ratification shall be deposited "ith the Secretary!)eneral of the United Nations> Article 18+> This Convention shall be open to accession by any State referred to in article +C, paragraph +, of the Convention> 8> 1ccession shall be effected by the deposit of an instrument of accession "ith the Secretary!)eneralof the United Nations> Article 19+> This Convention shall enter into force on the thirtieth day after the date of the deposit "ith the Secretary!)eneral of the United Nations of the t"enty!seventh instrument of ratification or instrument of accession> 8> 7or each State ratifying this Convention or acceding to it after the deposit of the t"enty!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 o"n instrument of ratification or instrument of accession> Article 20+> The Secretary!)eneral of the United Nations shall receive and circulate to all States "hich are or may become Parties to this Convention reservations made by States at the time of ratification or accession> 1ny State "hich obects to the reservation shall, "ithin a period of ninety days from the date of the said communication, notify the Secretary!)eneral that it does not accept it> 8> 1 reservation incompatible "ith the obect and purpose of this Convention shall not be permitted, nor shall a reservation the effect of "hich "ould inhibit the operation of any of the bodies established by this Convention be allo"ed> 1 reservation shall be considered incompatible or inhibitive if at least t"o thirds of the States Parties to this Convention obect to it> 9> (eservations may be "ithdra"n at any time by notification to this effect addressed to the Secretary!)eneral> Such notification shall take effect on the date on "hich it is received> Article 211 State Party may denounce this Convention by "ritten notification to the Secretary!)eneral of the United Nations> &enunciation shall take effect one year after the date of receipt of the notification by the Secretary )eneral> Article 221ny dispute bet"een t"o or more States Parties "ith respect to the interpretation or application of this Convention, "hich is not settled by negotiation or by the procedures e%pressly provided for in this Convention, shall, at the request of any of the parties to the dispute, be referred to the *nternational Court of Dustice for decision, unless the disputants agree to another mode of settlement> Article 23+> 1 request for the revision of this Convention may be made at any time by any State Party by means of a notification in "riting addressed to the Secretary!)eneral of the United Nations> 8> The )eneral 1ssembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request> Article 24The Secretary!)eneral of the United Nations shall inform all States referred to in article +C, paragraph +, of this Convention of the follo"ing particulars= 0a5 Signatures, ratifications and accessions under articles +C and + Article 25+> This Convention, of "hich the Chinese, 6nglish, 7rench, (ussian and Spanish te%ts are equally authentic, shall be deposited in the archives of the United Nations> 8> The Secretary!)eneral of the United Nations shall transmit certified copies of this Convention to all States belonging to any of the categories mentioned in article +C, paragraph +, of the Convention>