CERD/C/62/D/26/2002 page 9 to the Convention. This failure shows that the State party’s law does not provide effective protection against racial discrimination. He emphasizes that he does not approach the Committee arguing a violation of domestic legislation, but rather of the Convention itself. 5.4 As to the State party’s specific arguments under article 2, the petitioner observes that the State party has taken no steps to have the offending sign removed, despite the controversy surrounding it for years. This is said to be in violation of the duty, under article 2, to eliminate and bring to an end all forms of racial discrimination. The petitioner rejects the characterization of the Sports Ground Trust as a “private body”. He points out that trustees are appointed and can be removed by the Minister, and that their function is to manage land for public (community) purposes. Indeed, the State party’s legislation provides that any liability of the trustees attaches to the State.21 It is therefore a public authority or institution for Convention purposes. 5.5 As to the State party’s specific arguments under article 4, the petitioner objects to the reference to its reservation. He contends that the reservation is “probably invalid” as incompatible with the object and purpose of the Convention. Even if valid, he points out that the reservation is temporally limited as it refers to the State party’s intention “at the first possible moment, to seek from Parliament legislation implementing the terms of Article 4 (a)”. Given that the State party contends that the Part II A of the Act implements its obligations under the article, the reservation must now have lapsed. 5.6 The petitioner points out that he is not objecting to use of the offending term in the distant past, but rather its contemporary use and display. He points out that it is not necessary to repeat the offensive nickname in order to honour Mr. Brown, and it is not common in the State party for stands to feature the nicknames of famous sportspeople in addition to their proper names. 5.7 As to the State party’s specific arguments under article 5, the petitioner contends that he has established a racially-based distinction on the basis that the offending term is racially offensive and derogatory, and that white Australians are not affected as the petitioner and his family have been. The inability as a consequence of the petitioner and his family to attend the ground impaired their rights under article 5, including their right to equal participation in cultural activities. As to the State party’s specific arguments under article 5, the author observes that the State party failed to identify any measure of “teaching, education, culture and information” directed at combating the trustees’ discriminatory conduct, or at promoting reconciliation amongst the many persons offended by the sign. Issues and Proceedings before the Committee Consideration of admissibility 6.1 Before considering any claims contained in a petition, the Committee on the Elimination of Racial Discrimination must, in accordance with rule 91 of its rules of procedure, decide whether or not it is admissible under the Convention.

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