PART I – What is ICERD? The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was adopted by the United Nations (UN) General Assembly (GA) in 1965 and entered into force in 1969. As of 5 July 2011, there are 174 States parties to ICERD.1 As its name shows this Convention (or sometimes called “treaty”) is explicitly devoted to the elimination of racial discrimination. ICERD is legally binding for member State parties; each State has the obligation to uphold and implement all provisions of the Convention. However, in some cases, a State may make a declaration or reservation on particular articles of ICERD.2 The Convention consists of a preamble and 25 articles divided into three parts:3 the first part sets out the definition and scope of racial discrimination prohibited by ICERD (Article 1) and States parties’ obligations (Article 2 – 7); the second part deals with the establishment of a monitoring body, the Committee on the Elimination of Racial Discrimination (CERD) and its work (Article 8 – 16);4 and the third part handles other technical matters (Article 17 – 25). CERD has also issued a number of General Recommendations on various topics in order to shape the scope of the Convention more clearly and to assist States in interpreting and implementing its provisions.5 Illustration 1: Historical background of ICERD For many years, the struggle against racial discrimination was closely linked with anti-colonialism. In the 1950s, 1960s and 1970s, with countries in the South becoming members of the UN, the UN developed significant political and legal norms through several instruments such as the Declaration on the Granting of Independence to Colonial Countries and Peoples (1960) and the Declaration on the Elimination of All Forms of Racial Discrimination (1963). However, it should be observed that the rationale of the majority behind the adoption of these declarations was to put an end to discriminatory practices in other States, whereas the idea that discrimination could also exist in the domestic realm was largely ignored. The almost unanimous condemnation by States of apartheid as an institutionalized policy and practice in South Africa led to an important leap forward in the fight against discrimination. This was the belief that the racist practices of one State can be a legitimate concern of others, thus curtailing the principle of national sovereignty. It is in this historical context that ICERD was adopted in 1965 by the GA with its clear reference to apartheid in Article 3. 1. “Racial Discrimination” addressed by ICERD 1.1 Definition and grounds of racial discrimination Article 1, Para. 1 of ICERD defines the concept of racial discrimination as follows: “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.” 1 http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-2&chapter=4&lang=en, please also refer to ANNEX I, 1 and 2 of this guide. 2 Please also refer to ANNEX I, 3 of this guide, exact text of declarations and reservations can be found at: http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-2&chapter=4&lang=en 3 The full text of the Convention can be found at: http://www2.ohchr.org/english/law/cerd.htm, a PDF version is also available: http://www2.ohchr.org/english/law/pdf/cerd.pdf 4 For more details of CERD and its work, please refer to PART II of this guide. 5 Please also refer to PART II 2.5 and Annex IV of this guide. 1 ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS