CERD/C/62/D/26/2002
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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.