Edited by Stephen Tully
Chapter 17: UN: International Convention on the Elimination of All Forms of Racial Discrimination, 1965
Commentary: The Convention (1966) 660 UNTS 195 (entry into force 1969) is administered by the Committee on the Elimination of Racial Discrimination which assesses reports by States Parties, issues general recommendations on thematic issues and examines inter-State complaints. CERD may also consider communications from individuals or groups of individuals alleging violations by State Parties and an early-warning procedure facilitates further monitoring. See further, www.ohchr.org. See also, UNESCO 1978 Declaration on Race and Racial Prejudice, UN Doc E/CN.4/Sub.2/1982/2/Add.1, Annex V; UNGA Resolution 36/55 (1981) on the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief; Durban Declaration and Programme of Action, ‘Report of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance’, UN Doc A/CONF.189/12 (2001). On bilateral investment treaties and anti-discrimination legislation, see Wickes v Olympic Airways 745 F.2d 363 (CA 1984). Article 1 1. In this Convention, the term ‘racial discrimination’ shall mean 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. 2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non citizens. 3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of...
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