International Convention on the Elimination of All Forms of Racial Discrimination

The States Parties to this Convention recall the principles of dignity and equality in the Charter of the United Nations and the Universal Declaration of Human Rights. They condemn colonialism, racial segregation, apartheid and all doctrines based on racial superiority. They affirm that racial discrimination is scientifically false, morally condemnable, socially unjust and dangerous. Determined to eliminate racial discrimination in all its forms and to promote understanding among races, they agree to the following provisions.

1. "Racial discrimination" means 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 equal recognition, enjoyment or exercise of human rights and fundamental freedoms in political, economic, social, cultural or any other field of public life. 2. The Convention does not apply to distinctions made by a State Party between citizens and non-citizens. 3. It does not affect nationality, citizenship or naturalization laws if they do not discriminate against a particular nationality. 4. Special measures taken solely to secure adequate advancement of certain racial or ethnic groups or individuals needing protection are not racial discrimination, provided they do not maintain separate rights and cease after their objectives are achieved.

States Parties condemn racial discrimination and undertake, without delay, to pursue a policy of eliminating racial discrimination in all its forms and promoting understanding among all races. They must not engage in racial discrimination; must ensure that public authorities and institutions do not do so; must not sponsor, defend or support racial discrimination; must review and amend laws and policies that create or perpetuate racial discrimination; must prohibit and end racial discrimination by persons, groups or organizations; and must encourage integrationist multiracial organizations and discourage racial division. When circumstances require, States Parties shall take special and concrete measures in social, economic, cultural and other fields to ensure adequate development and protection of certain racial groups or individuals, without maintaining unequal or separate rights after the objectives are achieved.

States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

States Parties condemn propaganda and organizations based on ideas of racial superiority or hatred and undertake to adopt immediate and positive measures to eradicate incitement to, or acts of, racial discrimination. They shall criminalize dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, acts of violence or incitement to such acts against any race or group of another colour or ethnic origin, and assistance to racist activities. They shall declare illegal and prohibit organizations and organized propaganda activities that promote and incite racial discrimination, and shall not permit public authorities or institutions to promote or incite racial discrimination.

States Parties undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee equality before the law in the enjoyment of civil, political, economic, social and cultural rights. These include the right to equal treatment before tribunals, security of person and protection by the State against violence, political rights including voting and public participation, freedom of movement, nationality, marriage, property, inheritance, freedom of thought, conscience, religion, opinion and expression, peaceful assembly and association, work, trade unions, housing, public health, medical care, social security, education, cultural participation, and access to public places and services.

States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through competent national tribunals and other State institutions, against acts of racial discrimination that violate human rights and fundamental freedoms, as well as the right to seek just and adequate reparation or satisfaction for damage suffered as a result of such discrimination.

States Parties undertake to adopt immediate and effective measures, particularly in teaching, education, culture and information, to combat prejudices leading to racial discrimination and to promote understanding, tolerance and friendship among nations and racial or ethnic groups, as well as to propagate the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the Declaration on the Elimination of All Forms of Racial Discrimination and this Convention.

A Committee on the Elimination of Racial Discrimination shall be established, composed of eighteen experts of high moral standing and acknowledged impartiality, elected by States Parties from among their nationals and serving in their personal capacity. Members are elected with regard to equitable geographical distribution and representation of different forms of civilization and principal legal systems. Election and term rules are set out, including nomination by States Parties, secret ballot, four-year terms, partial renewal every two years and filling of casual vacancies.

States Parties undertake to submit reports to the Secretary-General for consideration by the Committee on legislative, judicial, administrative and other measures giving effect to the Convention: an initial report within one year after entry into force for the State concerned and thereafter every two years and whenever the Committee so requests. The Committee may request further information, reports annually to the General Assembly through the Secretary-General and may make suggestions and general recommendations based on reports and information received.

The Committee shall adopt its own rules of procedure, elect its officers for a two-year term, and its secretariat shall be provided by the Secretary-General. The Committee normally meets at United Nations Headquarters. States Parties are responsible for Committee expenses in accordance with General Assembly approval and UN procedures.

If a State Party considers that another State Party is not giving effect to the Convention, it may bring the matter to the attention of the Committee. The Committee transmits the communication to the State concerned, which shall submit written explanations or statements within three months. If the matter is not adjusted to the satisfaction of both States within six months, either State may refer it again to the Committee. The Committee considers the matter after ascertaining that available domestic remedies have been invoked and exhausted, unless procedures are unreasonably prolonged.

After the Committee obtains and considers necessary information, the Chairperson appoints an ad hoc Conciliation Commission of five persons, acceptable to the parties, to make its good offices available for an amicable solution based on respect for the Convention. If the parties cannot agree on the composition, the Committee elects remaining members by secret ballot from among its own members by a two-thirds majority. Commission members serve in their personal capacity, and procedural, service and expense rules are provided.

The ad hoc Conciliation Commission considers the matter and submits to the Chairperson a report containing findings of fact and recommendations for amicable settlement. The Chairperson communicates the report to the States Parties to the dispute, which within three months inform whether they accept the recommendations. After that period the Chairperson communicates the report and States' declarations to the other States Parties to the Convention.

A State Party may declare that it recognizes the Committee's competence to receive and consider communications from individuals or groups within its jurisdiction claiming to be victims of a violation of Convention rights by that State. The Committee receives no communication concerning a State Party that has not made such a declaration. The State may establish a national body to receive petitions. The Committee considers communications after domestic remedies are exhausted, unless remedies are unreasonably prolonged, and may transmit views and suggestions to the State and petitioner. The Committee includes a summary of such communications in its annual report.

Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Convention's provisions do not limit the right of petition granted to peoples by other international instruments or by the United Nations and its specialized agencies. The Committee receives copies of petitions from UN bodies dealing with matters directly related to the principles and objectives of the Convention in Trust and Non-Self-Governing Territories and gives opinions and recommendations concerning those petitions.

The Convention's provisions on dispute and complaint procedures apply without prejudice to other procedures for settling disputes or complaints concerning discrimination in the constituent instruments of, or conventions adopted by, the United Nations and its specialized agencies. They do not prevent States Parties from using other procedures for dispute settlement in accordance with general or special international agreements in force between them.

The Convention is open for signature by UN Member States, members of specialized agencies, States Parties to the Statute of the International Court of Justice and any other State invited by the General Assembly. It is subject to ratification, and ratification instruments are deposited with the Secretary-General. It is open to accession by the same categories of States, and accession is effected by deposit of an instrument with the Secretary-General.

The Convention enters into force on the thirtieth day after the date of deposit of the twenty-seventh instrument of ratification or accession. For each State ratifying or acceding after that deposit, it enters into force on the thirtieth day after the deposit of its instrument.

Any State Party may denounce the Convention by written notification to the Secretary-General. Denunciation takes effect one year after the date of receipt of the notification by the Secretary-General.

The Secretary-General receives and circulates reservations. A reservation incompatible with the object and purpose of the Convention is not permitted, nor is a reservation that would inhibit the operation of the bodies established by the Convention. A reservation is considered incompatible or inhibitive if at least two thirds of States Parties object. Reservations may be withdrawn at any time by notification to the Secretary-General.

The Secretary-General informs States eligible to become parties of signatures, deposits of ratification or accession instruments, entry into force, communications and declarations received under the Convention, denunciations and reservations.

Any dispute between two or more States Parties concerning the interpretation or application of the Convention which is not settled by negotiation or by the procedures expressly provided in the Convention shall, at the request of any of the parties to the dispute, be referred to the International Court of Justice unless the disputants agree to another mode of settlement.

Any State Party may request revision of the Convention by written notification to the Secretary-General. The General Assembly decides on steps to be taken, if any, regarding such a request.

The Secretary-General of the United Nations is designated as depositary of the Convention.

The Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. The Secretary-General shall transmit certified copies to all States belonging to the categories eligible to sign or accede to the Convention.