ICERD AND ITS MONITORING BODY ifying an international convention or treaty, withholds assent to one or more of its provisions. Technological developments relating to the mass media, especially the internet, constitute a new challenge in relation to the states parties implementation of Article 4. States parties should ensure that media agencies, both public and private, which bear responsibility, should observe and enforce the relevant standards. Among the means to deal with this new issue is a suggested code of conduct for internet users and service providers.20 Article 5 —Equality in the enjoyment of rights Under Article 5 of the Convention, states parties must guarantee: ● that all groups and individuals — regardless of race, colour or national or ethnic origin — can equally enjoy the right to equal treatment before the tribunals and all other bodies concerned with the administration of justice; ● the right to security of person and protection against violence or bodily harm, whether inflicted by government officials or by any private individual or group; ● a whole series of political and civil rights; ● an important list of economic, social and cultural rights; and quite significantly the right of access to any place ● or service intended for use by the general public, including those privately owned, such as transport, hotels, restaurants, caf s, theatres and parks. The states parties are expected to report about the nondiscriminatory implementation of each of these rights and freedoms. According to CERD s General Recommendation XX (48), the Convention obliges states parties to prohibit and eliminate racial discrimination in the enjoyment of the human rights listed in Article 5, on the assumption that these rights exist and are recognized in the countries concerned. In other words, this Article does not of itself proclaim and protect civil, political, economic, social or cultural rights. The Committee also acknowledges that states may impose restrictions upon rights listed in this Article such as the right to participate in elections, to vote and to stand for election, which may only be given to citizens. In such cases however, states must ensure that the restriction is compatible with Article 1 of the Convention, both in purpose and effect. Article 6 —Judicial recourse and compensation Too often victims of human rights violations are ignored and their claims for reparation and redress are not taken seriously. Upon ratification of or accession to ICERD, states parties undertake to provide effective protection and remedies against acts of racial discrimination through the competent national tribunals and other States institutions . All persons under the jurisdiction of the state party, nationals as well as nonnationals, have the right to seek and receive from such tribunals just and adequate reparation or satisfaction for material and moral damages suffered as a result of such discrimination. It should also be underlined that the phase national tribunals and other states institutions allows states parties a certain degree of flexibility in terms of the measures to be taken for implementation of this Article. The range of these measures includes mechanisms of conciliation or mediation, establishment of administrative organs for investigation, action of a competent ministry or the Attorney-General, or the ombudsperson, according to the state s specific legal and administrative system. Sanctions may also vary in degree; including conciliatory meetings of the parties concerned, verbal or written reprimands, or the imposition of fines or prison penalties. In accordance with the general guidelines for reporting under ICERD, under Article 6 the Committee seeks from states parties, inter alia, information on any existing court cases with regard to this Article, and on the practice of other state organs in implementing this provision. Article 7 — Education and information With a view to combating racial prejudice and to promoting friendship, tolerance and understanding among nations and ethnic groups, states parties affirm under Article 7 of the Convention that they shall take immediate and effective action in the fields of culture, education, information and teaching. Education referred to in this Article is not limited to school education but also includes training, most importantly of teachers and other professionals such as law enforcement officials. The Committee s General Recommendation XIII (42) calls upon states parties: to review and improve the training of law enforcement officials so that the standards of the Convention as well as the Code of Conduct for Law Enforcement Officials (1979) are fully implemented . ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS 5