met annually in Geneva to discuss a wide variety of human rights issues.3
Given the political imperatives of the day arising from the apartheid regime
in South Africa, the first treaty to be agreed, the International Convention on
the Elimination of All Forms of Racial Discrimination, dealt with the specific
phenomenon of racial discrimination. It was adopted by the General Assembly in December 1965.
After defining racial discrimination, the Convention sets out in six detailed
articles the obligations of State parties to combat this scourge. As well as the
obvious requirements that the State itself, at all levels, must refrain from such
acts, the Convention also requires a
State to take appropriate measures
What is racial discrimination?
against racial discrimination rooted
“Any distinction, exclusion, restriction
in society, including the propagaor preference based on race, colour,
tion of racist ideas advocated by
descent, or national or ethnic origin
groups and organizations. The
which has the purpose or effect of nulConvention also sets out an exlifying or impairing the recognition, entensive series of specific human
joyment or exercise, on an equal footrights—in the civil and political and
ing, of human rights and fundamental
in the economic, social and cultural
freedoms in the political, economic, social, cultural or any other field of public
spheres, most of which are enumerlife” (art. 1).
ated in the Declaration—that must
be guaranteed without distinction
on racial grounds. Finally, the Convention establishes as a basic right an
effective remedy, whether through the courts or other institutions, against acts
of racial discrimination.
The Convention, in part II, requires all State parties to report periodically to
the Committee on the Elimination of Racial Discrimination on the measures
they have taken to give effect to the Convention. Under article 14, States
may also choose to recognize the Committee’s competence to consider complaints from individuals, while a system of inter-State complaints is set out in
articles 11, 12 and 13.
C. International Bill of Human Rights
As the International Convention on the Elimination of All Forms of Racial
Discrimination was being agreed, negotiations were continuing on two
other major treaties: the International Covenant on Economic, Social and
Cultural Rights and the International Covenant on Civil and Political Rights.
The process of drafting a legally binding instrument enshrining the rights of
the Universal Declaration of Human Rights had started immediately after
The Commission has since been replaced by the Human Rights Council, which meets three
times a year (General Assembly resolution 60/251).
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