ICERD AND ITS MONITORING BODY Article 9.2 of ICERD and based on the examination of states parties reports. General Recommendations are usually made when the Committee is unable to find sufficient information on ICERD s specific articles which is useful to the Committee in establishing the facts of a report and in summarizing their views. These General Recommendations enable states parties and the Committee to have a better understanding of the types of issues and problems encountered by states when trying to translate the legal formulations contained in ICERD into practice. General Recommendations may also help NGOs to comprehend the meaning and implication of various provisions of the Convention. However, they are not legally binding on states parties. In addition to General Recommendations, General Guidelines Regarding the Forms and Contents of Reports to be Submitted by States Parties under Article 9, para. 1, of ICERD, adopted by CERD, serve the purpose of effectively implementing the requirements of the Convention. The Convention is divided into two parts: the first, headed by a preamble, sets forth the states parties legal obligations; and the second describes the composition of the Committee which monitors the implementation of the Convention by the states parties, and its methods. In the following section, the first part (Articles 1—7) is summarized, with comments and other background information, on the basis of General Recommendations adopted by CERD.2 The second part will be dealt with in Part I, section 3 of this manual, which discusses the evolution and innovations of CERD s methods. The full texts of all the General Recommendations as well as of ICERD are provided among the Annexes to this manual. Article 1 —The definition of racial discrimination Article 1, para. 1, defines the concept of racial discrimination as: 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 (emphasis added). ICERD s definition is noteworthy particularly in terms of its non-discrimination grounds which go far beyond the context of colonialism and white domination which was the original concern of the Convention, and include, in addition to race and colour , such other grounds as descent and national or ethnic origin . Hence racial 2 discrimination as defined in ICERD covers a wide range of deeply-rooted discriminations, including those against various minority groups and indigenous peoples. For example, although India maintains the position that ICERD is not applicable to caste discrimination but only to discrimination based on race , the Committee has adopted the opinion that the term descent in Article 1.1 does not solely refer to race and that the Scheduled Castes fall within the ambit of the Convention.3 The Committee points out in its General Recommendation XXIV (55) that some States Parties decide at their own discretion which groups constitute ethnic groups or indigenous peoples that are to be recognized and treated as such . However, the Committee is of the view that: the application of different and non-objective criteria in order to determine ethnic groups or indigenous peoples, leading to the recognition of some and refusal to recognize others, may give rise to differing treatment for various groups within a country s population . It is CERD s opinion that identification of individuals as being members of a particular racial or ethnic group shall, if no justification exists to the contrary, be based upon self-identification by the individuals concerned.4 In this connection, the Committee considers the ethnic characteristics of the population to be of particular importance in examining states reports, and thus requests states parties to provide information on peoples first languages as indicative of ethnic differences, together with any information about race, colour, descent, national and ethnic origins, resulting from social surveys or censuses.5 The inclusion of information on the situation of women is also considered important for the Committee in order to examine whether racial discrimination impacts differently upon women and men.6 ICERD Articles 1.2 and 1.3, respectively, allow a state party to make distinctions, exclusions, restrictions or preferences between citizens and non-citizens, and to interpret the Convention as not affecting laws on citizenship, nationality or naturalization provided that they do not discriminate against any particular nationality. However, CERD takes the position that the Convention is generally applicable to discrimination against immigrants or foreigners as well. This interpretation has been developed as a consequence of the practice in many countries, notably European, in which the criteria of distinction between citizens and non-citizens appears to follow ethnic patterns and are inherently discriminatory in their effect. Accordingly, in a General Recommenda- ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS