INTRODUCTION

Each of the main United Nations human rights treaties is supervised either by an existing UN
body or by a special committee established by the treaty itself. The body that supervises the
implementation of CERD is the Committee on the Elimination of Racial Discrimination (often called
the CERD Committee).
The International Convention on the Elimination of All Forms of Racial Discrimination
(hereinafter “ICERD” or “the Convention”) is the centerpiece of the international regime for the
protection and enforcement of the right against racial discrimination.
The Committee on the Elimination of Racial Discrimination (CERD) is the body of
independent experts that monitors implementation of the Convention on the Elimination of All Forms
of Racial Discrimination by its State parties.
PART II
Article 8 (HOW DOES ICERD WORK)
1. There shall be established a Committee on the Elimination of Racial Discrimination
(hereinafter referred to as the Committee) consisting of eighteen experts of high moral
standing and acknowledged impartiality elected by States Parties from among their nationals,
who shall serve in their personal capacity, consideration being given to equitable geographical
distribution and to the representation of the different forms of civilization as well as of the
principal legal systems.

2. The members of the Committee shall be elected by secret ballot from a list of persons
nominated by the States Parties. Each State Party may nominate one person from among its
own nationals.
3. The initial election shall be held six months after the date of the entry into force of this
Convention. At least three months before the date of each election the Secretary-General of
the United Nations shall address a letter to the States Parties inviting them to submit their
nominations within two months. The Secretary-General shall prepare a list in alphabetical order
of all persons thus nominated, indicating the States Parties which have nominated them, and
shall submit it to the States Parties.
4. Elections of the members of the Committee shall be held at a meeting of States Parties
convened by the Secretary-General at United Nations Headquarters. At that meeting, for which
two thirds of the States Parties shall constitute a quorum, the persons elected to the
Committee shall be nominees who obtain the largest number of votes and an absolute majority
of the votes of the representatives of States Parties present and voting.
5.
(a) The members of the Committee shall be elected for a term of four years. However, the
terms of nine of the members elected at the first election shall expire at the end of two years;
immediately after the first election the names of these nine members shall be chosen by lot by
the Chairman of the Committee;
(b) For the filling of casual vacancies, the State Party whose expert has ceased to function as a
member of the Committee shall appoint another expert from among its nationals, subject to
the approval of the Committee.
6. States Parties shall be responsible for the expenses of the members of the Committee while
they are in performance of Committee duties.

Discussion:
- provides for the election of the CERD Committee. It specifies that the Committee must consist
of 18 independent experts in the field of racism and racial discrimination, who must be “of
high moral standing and acknowledged impartiality”. These experts are nominated by their
own governments but elected in a secret ballot by all the states parties to the Convention..
Committee members serve for four years and are mostly lawyers, academics and former
diplomats or government officials with experience and expertise in the area. If a vacancy
 arises, for example by a member’s resignation, the nominating state proposes a replacement,
subject to the Committee’s approval. Once elected, the members of the Committee are
expected to act independently of the views of their own governments.

Article 9

Intro: The Convention has four mechanisms to try to eradicate racial discrimination and take positive
steps to promote racial and ethnic equality and harmony.
One of these methods is the State reporting which is embodied in Art. 9 of the convention.
1. States Parties undertake to submit to the Secretary-General of the United Nations, for
consideration by the Committee, a report on the legislative, judicial, administrative or
other measures which they have adopted and which give effect to the provisions of
this Convention:
(a) within one year after the entry into force of the Convention for the State concerned;
and

(b) thereafter every two years and whenever the Committee so requests. The Committee
may request further information from the States Parties.
2. The Committee shall report annually, through the Secretary General, to the General
Assembly of the United Nations on its activities and may make suggestions and general
recommendations based on the examination of the reports and information received
from the States Parties. Such suggestions and general recommendations shall be reported to
the General Assembly together with comments, if any, from States Parties.

DISCUSSION:
Requires every state which ratifies the Convention to submit an initial Report within one year
of ratification giving details about how it is implementing the Convention, the size and number of
ethnic minorities within its boundaries, how they are treated, and the steps being taken to carry out the
key provisions of the Convention. This Report is submitted to the CERD secretariat, in the Office of
the High Commissioner for Human Rights at the UN in Geneva. Because of the wide scope of the
Convention, the initial Report is usually quite lengthy, and is accompanied by a large volume of
supporting documentation.

The reporting system requires each State party to submit (1) a common core document, which
lists general information about the reporting State, a framework for protecting human rights, and
information on non-discrimination and equality, and (2) a treaty-specific document, which accounts
for specific information relating to the implementation of articles 1 to 7 of the ICERD and any
national law or policies taken to implement the ICERD. 
(REPORT OF THE
PHILIPPINEShttps://reliefweb.int/sites/reliefweb.int/files/resources/8A169E762424F3194925761800
093793-Full_Report.pdf)
Example: The State Report submitted by the Philippines includes its constitutional, legislative,
judicial and administrative framework governing the implementation of the Convention and specific
information relating to articles 2 to 7 of the international convention on the el…
The Philippine Government reiterates its support to the International Convention on the
Elimination of All Forms of Racial Discrimination (“Convention”) and has always upheld the sanctity
and universality of human rights.

Excerpt from the Report of the Philippines

Article 2
Eliminating racial discrimination 76. The Philippine Government supports and abides by the
provisions of the Convention, and addresses the human rights of all Filipinos without restrictions,
prohibitions, exclusions, or preferences.
The Philippines reiterates the various information under this item, which was already given in the
previous reports. In particular, it has been pointed out that the Philippines’ constitutional and legal
system, its adherence to the democratic way of life and government and its commitment to the
promotion and protection of human rights and fundamental freedoms provide the framework for the
condemnation and prohibition of racial discrimination against persons, groups of persons or
institutions by public authorities and institutions, both at the national and the local level.

“IPRA was enacted to recognize, protect, and promote the rights of indigenous cultural
communities/indigenous peoples, and to create the NCIP, as well as to establish implementing
mechanisms and appropriate funds for these purposes. It mandated NCIP to carry on with quasi-
legislative, quasi-judicial and administrative/executive functions.”

Article 3
The Philippine commitment to these fundamental precepts/principles is clearly manifested in the
IPRA. 105. Paragraph d, Section 2 of IPRA provides that “the State shall guarantee that members of
the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms
without distinction and discrimination.” 106. Paragraph e, Section 2 of the same law provides that
“the State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights
and guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit
on an equal footing from the rights and opportunities which national laws and regulations grant to
other members of the populations.”
ARTICLE 4
the Philippines also endeavored to include penal sanctions in IPRA with the end in view of complying
with its obligations under Article 4 of the Convention. Section 72 of IPRA provides that “any person
who commits violation of any of the provisions of IPRA, such as, but not limited to, unauthorized
and/or unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or
shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33,
Chapter VI, shall be punished in accordance with the customary laws of the ICCs/IPs concerned:
Provided, that no such penalty shall be cruel, degrading or inhuman punishment: Provided further,
that neither the death penalty or excessive fines be imposed. This provision shall be without prejudice
to the right of any ICCs/IPs to avail of the protection of existing laws.
ARTICLE 5
the provisions of the 1987 Constitution and statutory laws such as the Labor Code, Omnibus Election
Code, Social Reform Act, IPRA, inter alia, guarantee the promotion and protection of the full range of
civil, political and economic, social and cultural rights of every Filipino without distinction as to race,
color or ethnic origin, which includes:
• The right to due process and equal treatment before tribunals and other quasi-judicial bodies. •
Right to security of person and protection from violence or bodily harm. • Political rights notably, the
right of suffrage, which includes the right to be elected and to fully participate in the electoral process,
to take part in governance and the conduct of public affairs, and equal access to public service.

Article 6
Effective protection and remedie
“the 1987 Constitution provided for the establishment of a Commission on Human Rights. Section 17,
Article XIII of the Constitution states, “There is hereby created an independent office called
Commission on Human Rights.” Section 17 establishes the composition of the Commission, the
qualifications of the members and the automatic and the regular release of its annual appropriations.”

(See
https://www.refworld.org/publisher,CERD,STATEPARTIESREP,PHL,498854d42,0.html) for
explanation

Article 10
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officers for a term of two years.
3. The secretariat of the Committee shall be provided by the Secretary General of the United
Nations.
4. The meetings of the Committee shall normally be held at United Nations Headquarters.
Article 11
1. If a State Party considers that another State Party is not giving effect to the provisions of
this Convention, it may bring the matter to the attention of the Committee. The Committee
shall then transmit the communication to the State Party concerned. Within three months, the
receiving State shall submit to the Committee written explanations or statements clarifying the
matter and the remedy, if any, that may have been taken by that State.

2. If the matter is not adjusted to the satisfaction of both parties, either by bilateral
negotiations or by any other procedure open to them, within six months after the receipt by the
receiving State of the initial communication, either State shall have the right to refer the
matter again to the Committee by notifying the Committee and also the other State.

3. The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this
article after it has ascertained that all available domestic remedies have been invoked and
exhausted in the case, in conformity with the generally recognized principles of international
law. This shall not be the rule where the application of the remedies is unreasonably prolonged.

4. In any matter referred to it, the Committee may call upon the States Parties concerned to
supply any other relevant information.

5. When any matter arising out of this article is being considered by the Committee, the States
Parties concerned shall be entitled to send a representative to take part in the proceedings of
the Committee, without voting rights, while the matter is under consideration.

Article 12
1. (a) After the Committee has obtained and collated all the information it deems necessary,
the Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission) comprising five persons who may or may not be members of the Committee. The
members of the Commission shall be appointed with the unanimous consent of the parties to
the dispute, and its good offices shall be made available to the States concerned with a view to
an amicable solution of the matter on the basis of respect for this Convention;

(b) If the States parties to the dispute fail to reach agreement within three months on all or
part of the composition of the Commission, the members of the Commission not agreed upon
by the States parties to the dispute shall be elected by secret ballot by a two-thirds majority
vote of the Committee from among its own members.
2. The members of the Commission shall serve in their personal capacity. They shall not be
nationals of the States parties to the dispute or of a State not Party to this Convention.
3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at United Nations Headquarters or at
any other convenient place as determined by the Commission.
5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall
also service the Commission whenever a dispute among States Parties brings the Commission
into being.

6. The States parties to the dispute shall share equally all the expenses of the members of the
Commission in accordance with estimates to be provided by the Secretary-General of the
United Nations.

7. The Secretary-General shall be empowered to pay the expenses of the members of the
Commission, if necessary, before reimbursement by the States parties to the dispute in
accordance with paragraph 6 of this article.

8. The information obtained and collated by the Committee shall be made available to the
Commission, and the Commission may call upon the States concerned to supply any other
relevant information.

Article 13
1. When the Commission has fully considered the matter, it shall prepare and submit to the
Chairman of the Committee a report embodying its findings on all questions of fact relevant to
the issue between the parties and containing such recommendations as it may think proper for
the amicable solution of the dispute.

2. The Chairman of the Committee shall communicate the report of the Commission to each of
the States parties to the dispute. These States shall, within three months, inform the Chairman
of the Committee whether or not they accept the recommendations contained in the report of
the Commission.
3. After the period provided for in paragraph 2 of this article, the Chairman of the Committee
shall communicate the report of the Commission and the declarations of the States Parties
concerned to the other States Parties to this Convention.

Discussion:

Arts. 11-13 (INTERSTATE REPORTS)set out a more elaborate procedure for the resolution of
disputes between State parties over a State’s fulfillment of its obligations under the
Convention through the establishment of an ad hoc Conciliation Commission applies to all
parties to all State parties to ICERD.
Article 22 of the ICERD also provides a mechanism for States to resolve inter-State disputes
concerning the interpretation of application of the Convention. See ICERD, art. 22. This procedure
allows for disputes to be resolved in the first instance by negotiation, and should that fail, by
arbitration. If the parties then fail to agree to the arbitration within a period of six months, then one of
the States may refer the dispute to the International Court of Justice unless a State opted out of the
procedure by making a declaration at the time of ratification or accession to ICERD.

(INSERT INTERSTATE COMPLAINTS SAMPLE) see

https://www.ohchr.org/Documents/HRBodies/CERD/CERD-C-99-5.pdf
Example: There is a communication submitted by the Applicant State dated March 2018
The applicant state submits that on June 2017, the respondent State announced that they
would impose sanctions on the Applicant State which consequently announced coercive
measures against the Applicant State, including the breaking off diplomatic relations,
blocking its borders.
The applicant state submits that the Respondent State has violated its obligation under the
convention. (Articles 2, 4, 5 and 6).

However, the respondent state contended otherwise, it contended that their actions are
taken fully consistent with customary international law to safeguard its national security.
also asserts its position that the measures undertaken were precipitated by QATAR’S own
failure to abide by obligations it undertook in a series of agreements. Thus, the committee
has no jurisdiction over the matter as the same does not violate the provisions of the
convention.

The decision of the committee is in affirmative which recognizes it jurisdiction over the
matter contradicting the contention of the respondent state.
Further examination of the issue relative to the violations of ICERD shall be conducted.

Article 14
1. A State Party may at any time declare that it recognizes the competence of the Committee to
receive and consider communications from individuals or groups of individuals within its
jurisdiction claiming to be victims of a violation by that State Party of any of the rights set
forth in this Convention. No communication shall be received by the Committee if it concerns a
State Party which has not made such a declaration.

2. Any State Party which makes a declaration as provided for in paragraph I of this article may
establish or indicate a body within its national legal order which shall be competent to
receive and consider petitions from individuals and groups of individuals within its
jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention
and who have exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this article and the name of any body
established or indicated in accordance with paragraph 2 of this article shall be deposited by the
State Party concerned with the Secretary-General of the United Nations, who shall transmit
copies thereof to the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General, but such a withdrawal shall not affect communications pending
before the Committee.
4. A register of petitions shall be kept by the body established or indicated in accordance with
paragraph 2 of this article, and certified copies of the register shall be filed annually through
appropriate channels with the Secretary-General on the understanding that the contents shall not be
publicly disclosed.
5. In the event of failure to obtain satisfaction from the body established or indicated in
accordance with paragraph 2 of this article, the petitioner shall have the right to communicate the
matter to the Committee within six months.
6.
(a) The Committee shall confidentially bring any communication referred to it to the attention
of the State Party alleged to be violating any provision of this Convention, but the identity of
the individual or groups of individuals concerned shall not be revealed without his or their express
consent. The Committee shall not receive anonymous communications;
(b) Within three months, the receiving State shall submit to the Committee written explanations or
statements clarifying the matter and the remedy, if any, that may have been taken by that State.
7.
(a) The Committee shall consider communications in the light of all information made available to it
by the State Party concerned and by the petitioner. The Committee shall not consider any
communication from a petitioner unless it has ascertained that the petitioner has exhausted all
available domestic remedies. However, this shall not be the rule where the application of the
remedies is unreasonably prolonged;
(b) The Committee shall forward its suggestions and recommendations, if any, to the State Party
concerned and to the petitioner.
8. The Committee shall include in its annual report a summary of such communications and, where
appropriate, a summary of the explanations and statements of the States Parties concerned and of
its own suggestions and recommendations.
9. The Committee shall be competent to exercise the functions provided for in this article only when
at least ten States Parties to this Convention are bound by declarations in accordance with
paragraph I of this article.
DISCUSSION: CERD may consider individual complaints that allege a violation of an
individual’s rights under the ICERD if the state party has made the necessary declaration
under Art. 14 of the ICERD

In order to submit an individual complaint, a model complaint form can be used to provide: (1) basic
information, (2) the State party in which the complaint is directed against, (3) a chronological list of
facts on which the complaint is based, (4) the rights set out in the ICERD that have been alleged to be
violated, and (5) any potential remedies the complainant would like to obtain if the Committee agrees
there has been a violation of the ICERD.  
Under Article 14 of the Convention individuals or groups who claim that their rights have been
violated can lodge a complaint with the CERD Committee if the state party concerned has signed up
to the individual complaints procedure.
Example See: gmail word file
https://www.ihrec.ie/app/uploads/download/pdf/guide_to_cerd.pdf

The petitioner, S.A., originally from Bosnia and Herzegovina, acquired Danish citizenship in 2002
and currently resides in Denmark, claims to be a victim of a violation by the State party of articles 2
(1) (c), 5 and 6 of the International Convention on the Elimination of All Forms of Racial
Discrimination.

As he was looking for employment and apply for social assistance and presented his passport and
health insurance card, the job centre refused to grant him with his requests.
The petitioner claims to be the victim of a violation by Denmark of articles 2 (1) (c), 5 and 6 of the
Convention. He claims that by considering him as a non-Danish citizen, the authorities of the State
party have denied him all his rights as a citizen, including the right of residence, the right to vote and
the right to a health insurance card. In addition, the threat of losing those rights, in particular the right
of residence, has caused the petitioner serious psychological damage
In effect, he filed a complaint for damages which the petitioner’s alleged that he has been ordered to
pay such a large amount of legal costs and it manifests a contravention to article 6 of the Convention,
as it violates the right to seek just and adequate compensation.
State Parties Observations of the complaint

The State party also considers that the petitioner’s allegations under articles 5 and 6 of the Convention
are ill-founded. Should the Committee find them admissible, it submits that the mention by the
petitioner of article 5 of the Convention is a mere reference and not a claim, as the State party
complies with this provision by prohibiting and eliminating racial discrimination in all its forms in the
enjoyment of civil, political and cultural rights.
The Committee notes the State party’s argument that the petitioner has failed to demonstrate that any
violation of article 5 of the Convention has taken place, as it complies with this provision by
prohibiting and eliminating racial discrimination in all its forms in the enjoyment of civil, political
and cultural rights.
Regarding the allegations under article 6 of the Convention, the State party notes that the
communication did not include any new information on the petitioner’s circumstances, beyond the
information already provided to and reviewed by the domestic authorities.
Decision of the Committee
In the circumstances of the case, the Committee on the Elimination of Racial Discrimination, acting
under article 14 (7) (a) of the International Convention on the Elimination of All Forms of Racial
Discrimination, considers that the facts before it disclose a violation of articles 5 (d) (iii) and 6 of the
Convention by the State party.

General comments

The CERD Convention is relatively short and is a product of the time when it was drafted. Inevitably
issues have arisen of interpretation and clarification, and of ensuring that the treaty remains useful and
relevant in a fast-changing world. The monitoring bodies set up under the various UN human rights
conventions have come up with a useful way of dealing with this. They can issue General
Recommendations, which effectively interpret or expand upon the provisions of the convention in
question. (Some of the monitoring bodies call these General Comments.) States parties are expected
to take account of these General Recommendations when submitting their Periodic Reports, and they
can be relied upon in drafting Article 14 complaints as well. The CERD Committee has issued 29 of
these General Recommendations so far. Some of them are largely administrative but a number have
considerable policy significance. The Committee’s Secretariat has issued a useful Compilation of its
first 27 General Recommendations which can be found on its website, along with the text of more
recent Recommendations. The site also has a long document listing all the General Comments and
General Recommendations from all the human rights treaty bodies, which is useful since other
committees often touch on racial discrimination issues.

The CERD also prepares general comments, known as general recommendations, interpreting the
ICERD’s articles and provisions in order to assist State parties in fulfilling their obligations. Each
general recommendation focuses on either a specific article of the ICERD or comments following
thematic conferences and can be found published in a
Example:
The Committee has often expressed its concern about the use of racial profiling by law enforcement
officials targeting various minority groups based on specific characteristics such as a person’s
presumed race, skin colour, descent, national or ethnic origin.
The Committee has identified that law enforcement officials such as police officers and border
control officials, exercise their missions with arbitrary police stops, arbitrary identity checks, random
inspection of objects in the possession of any person, and arbitrary arrests14 . The Committee has
noted with concern that racial profiling has increased due to contemporary concerns about terrorism
and migration exacerbating prejudice and intolerance towards members of certain ethnic groups.
The identification, prevention and combating of the practice of racial profiling by law enforcement
officials is integral to the achievement of the objectives of the Convention on the Elimination of All
Forms of Racial Discrimination (the Convention), which is dedicated to the elimination of racial
discrimination in all its forms. The practice of racial profiling by law enforcement officials violates
fundamental principles of human rights, which rest on: a) non-discrimination based on grounds of
race, colour, descent, or national or ethnic origin, including other intersecting grounds; b) equality
before the law. It may also violate due process and fair trial rights. These principles and rights are
the anchors of the Universal Declaration of Human Rights and the Convention.
Racial profiling has negative and cumulative effects on the attitudes and wellbeing of individuals and
communities, taking into account that a person may be regularly subjected to racial profiling in his
or her daily life. 26 Victims of racial profiling often understate and interiorise its impact due to lack
of effective remedies and restorative tools. In addition to being unlawful, racial profiling may also be
ineffective and counterproductive as a general law enforcement tool. People who perceive that they
have been subjected to discriminatory law enforcement actions tend to have less trust in law
enforcement and, as a result, be less willing to cooperate, thereby potentially limiting the
effectiveness of the latter. Racial profiling practices influence law enforcement daily routines and
undermine, consciously or unconsciously, their capacity to support victims of crimes belonging to
these communities. This sense of injustice, humiliation, loss of trust in the law enforcement,
secondary victimisation, fear of reprisals and limited access to information about legal rights or
assistance may result in reduced reporting of crimes and information for intelligence purposes.

A variety of strategies have been adopted by governments, law enforcement agencies, and civil
society organizations to counter the problem of racial profiling. The Committee is o of the view that
these provide the basis for recommendations to States and other actors:
Legislative and policy related measures, Human rights education and training,
Recruitment measures, Community policing, Accountability

Article 15
1 . Pending the achievement of the objectives of the Declaration on the Granting of Independence to
Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14
December 1960, the provisions of this Convention shall in no way limit the right of petition granted to
these peoples by other international instruments or by the United Nations and its specialized
agencies.
2.
(a) The Committee established under article 8, paragraph 1, of this Convention shall receive
copies of the petitions from, and submit expressions of opinion and recommendations on
these petitions to, the bodies of the United Nations which deal with matters directly related
to the principles and objectives of this Convention in their consideration of petitions from the
inhabitants of Trust and Non-Self-Governing Territories and all other territories to which General
Assembly resolution 1514 (XV) applies, relating to matters covered by this Convention which are
before these bodies;

(b) The Committee shall receive from the competent bodies of the United Nations copies of the
reports concerning the legislative, judicial, administrative or other measures directly related to the
principles and objectives of this Convention applied by the administering Powers within the
Territories mentioned in subparagraph (a) of this paragraph, and shall express opinions and make
recommendations to these bodies.

3. The Committee shall include in its report to the General Assembly a summary of the petitions and
reports it has received from United Nations bodies, and the expressions of opinion and
recommendations of the Committee relating to the said petitions and reports.

4. The Committee shall request from the Secretary-General of the United Nations all information
relevant to the objectives of this Convention and available to him regarding the Territories
mentioned in paragraph 2 (a) of this article.
Article 16
The provisions of this Convention concerning the settlement of disputes or complaints shall be
applied without prejudice to other procedures for settling disputes or complaints in the field of
discrimination laid down in the constituent instruments of, or conventions adopted by, the United
Nations and its specialized agencies, and shall not prevent the States Parties from having recourse
to other procedures for settling a dispute in accordance with general or special international
agreements in force between them.

PART III
Article 17
1. This Convention is open for signature by any State Member of the United Nations or member of
any of its specialized agencies, by any State Party to the Statute of the International Court of
Justice, and by any other State which has been invited by the General Assembly of the United
Nations to become a Party to this Convention.
2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
Article 18
1. This Convention shall be open to accession by any State referred to in article 17, paragraph 1, of
the Convention. 2. Accession shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
Article 19
1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the
Secretary-General of the United Nations of the twenty-seventh instrument of ratification or
instrument of accession.
2. For each State ratifying this Convention or acceding to it after the deposit of the twenty-seventh
instrument of ratification or instrument of accession, the Convention shall enter into force on the
thirtieth day after the date of the deposit of its own instrument of ratification or instrument of
accession.
Article 20
1. The Secretary-General of the United Nations shall receive and circulate to all States which are or
may become Parties to this Convention reservations made by States at the time of ratification
or accession. Any State which objects to the reservation shall, within a period of ninety days from
the date of the said communication, notify the Secretary-General that it does not accept it.
2. A reservation incompatible with the object and purpose of this Convention shall not be
permitted, nor shall a reservation the effect of which would inhibit the operation of any of the
bodies established by this Convention be allowed. A reservation shall be considered
incompatible or inhibitive if at least two thirds of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification to this effect addressed to the
Secretary-General. Such notification shall take effect on the date on which it is received.
Article 21
A State Party may denounce this Convention by written notification to the Secretary-General of the
United Nations. Denunciation shall take effect one year after the date of receipt of the notification by
the Secretary General.
Article 22
Any dispute between two or more States Parties with respect to the interpretation or application of
this Convention, which is not settled by negotiation or by the procedures expressly provided for in
this Convention, shall, at the request of any of the parties to the dispute, be referred to the
International Court of Justice for decision, unless the disputants agree to another mode of
settlement.
Article 23
1. A request for the revision of this Convention may be made at any time by any State Party by
means of a notification in writing addressed to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in
respect of such a request.
Article 24
The Secretary-General of the United Nations shall inform all States referred to in article 17,
paragraph 1, of this Convention of the following particulars:
(a) Signatures, ratifications and accessions under articles 17 and 18;
(b) The date of entry into force of this Convention under article 19;
(c) Communications and declarations received under articles 14, 20 and 23;
(d) Denunciations under article 21.
Article 25
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to
all States belonging to any of the categories mentioned in article 17, paragraph 1, of the Convention.

END: During the international Anti-Racism Day

The pandemic poses unprecedented challenges for governments, health systems and societies at
large, with many people in despair.
We also witnessed solidarity with generosity, care and commitment towards the most vulnerable.
This crisis offers us a unique opportunity to create more inclusive and equal societies, said the
heads of four human rights institutions ahead of the International Day for the Elimination of Racial
Discrimination.

More than a year after its appearance, COVID-19 remains a serious global health and human
rights challenge. It has touched all countries and, unfortunately, exacerbated the inequalities
already faced by many minority and vulnerable groups, such as people of African descent,
indigenous peoples, migrants, refugees and asylum-seekers. Indeed, its consequences have
impacted the most vulnerable we should pay more attention to,” said Yanduan Li, Chairperson of
the United Nations Committee on the Elimination of Racial Discrimination (CERD). “States should
pursue their efforts to address the disparate effects of the COVID-19 pandemic on minority and
vulnerable groups with regard to access to education, health care services including to vaccines,
employment, housing”.
“States have a responsibility to protect vulnerable
minorities by adopting policies that favour inclusion and counter discrimination at all levels, starting
with public institutions and the education system. By both preventing and countering acts of racial
discrimination and hate crimes societies become more inclusive and resilient in times of crisis.”

As released by the committee last 2020,

Statement on the coronavirus (COVID-19) pandemic and its implications under the International
Convention on the Elimination of All Forms of Racial Discrimination

The COVID-19 pandemicis having significant adverse impactson the enjoyment of human rights, in particular
on the right to non-discrimination and to equality based on the grounds set forth in article 1 of the
International Convention on the Elimination of all Forms of Racial Discrimination.Several months into the
pandemic,evidence shows that the pandemic disproportionally affectsindividuals and groups who
aremarginalized and more vulnerable to racial discrimination, in particular persons belonging to national or
ethnic, religious and linguistic minorities as well as indigenous peoples, including those living in isolation,
migrants, refugees and asylum-seekers, Roma, non-citizens, people of African descent and other groups who
face discrimination based on descent.
The pandemic thereby exposes and further deepens structural inequalities affecting vulnerable groups
protected under the Convention, based on entrenched structures and practices of discrimination and exclusion.
It furthermore has a significantly disparate socio-economic impact on those groups and minorities, in
particular with regard to housing, employment and education as well as economic security in general.
In addition, the pandemic as well as the responses to the pandemic have exacerbated the specific vulnerability
of women and girls, children, and persons with disabilities, leading to multiple or intersecting forms of
discrimination. An increase of domestic as well as other forms of sexual, psychological and physical violence
against minority and indigenous women has been reported. Furthermore, their high number in informal, low
wage and service industries, which were hardest hit by COVID-19, and the existing gender digital divide also
pushed many of them farther away from the labour market and work opportunities.

II. Obligations of States under the International Convention on the Elimination of All Forms of
Racial Discrimination
States have an obligation to respect, protect and fulfil their international human rights obligations, including in
times of crisis. States may enact and enforce restrictions of human rights on public health grounds only if they
are necessary, reasonable, proportionate and non-discriminatory. Both with regard to the impact of the
pandemic in general as well as when addressing the pandemic, States need to respect human rights and to
ensure that their measures are in accordance with their international obligations, including those arising from
the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee
reminds State Parties of its General Recommendations to ensure compliance of the measures they take to
address the COVID-19 pandemic and its impact with the provisions of the Convention:
1. Measures addressing the COVID-19 pandemic can be taken and enforced only in compliance with
obligations under international human rights law. Measures including but not limited to the closing of
borders, lockdowns, quarantines and enforcement measures must not be enacted or enforced in a manner
that violates the prohibition of racial discrimination.
2. The COVID-19 pandemic has made members of groups and minorities protected under the Convention
particularly vulnerable to discrimination. Beyond their obligation to refrain fromany discriminatory acts or
practices themselves, States have the obligation to protect members of vulnerable groups against
discrimination stemming from private actors. This obligation applies in particular toracist insults and hate
speech, harassment, acts of violence, and exclusion or denial of goods and servicescontrary to the
prohibition of racial discrimination.
3. The COVID-19 pandemic has led to the increased use of racist stereotypes, associating the virus with
specific regions, nationals or groups or through linking the disease and its outbreak to migration or
foreigners in general. States are obliged to desist from, but also condemn and combat,any action that could
reinforce such stereotypes and lead to stigmatization, in particular with regard to any action that might
incite acts of racial discrimination. Statesshould counter existing stereotypes and prejudice through the
dissemination of fact-based information and awareness campaigns.

4. The disparate impact of the COVID-19 pandemic is particularly pertinent with regard to the enjoyment of
economic, social and cultural rights. States must protect against and mitigate the impact of the pandemic
on individuals and groups subject to structural discrimination and disadvantage on the basis of the grounds
in the Convention, taking into account the gender-related dimensions of racial discrimination:

(a) States have an obligationto ensure equal access to healthcare services, including testing,
medicine and medical procedures, and to eliminate discriminatory practices against groups and
minorities protected under the Convention, including migrants and undocumented persons that
might obstruct them from accessing healthcare.
(b) States have an obligation totake appropriate measures to address the disparate effects of the
COVID-19 pandemic on groups and minorities protected under the Conventionwith regard to
 adequate housing and homelessness, for example through financial assistance or regulatory
measures on rent and mortgage payments as well as eviction moratoriums.
(c) States have to take appropriate measures to address the disparate effects of the COVID-19
pandemic on groups and minorities protected under the Conventionwith regard to employment
and employment conditions, in particular with regard to the higher risk and impact of
unemployment. Workers in occupations with a high risk of contamination should be provided
with protective equipment and clothes without discrimination.
(d) States have an obligation to take appropriate measures to address the disparate effects of the
COVID-19 pandemic on groups and minorities protected under the Conventionwith regard to
access to education, for example by taking the needs of these groups intospecific consideration
when deciding about the reopening of schools, advancing ways of alternative learning solutions
andenacting measures in order to bridge the digital divide.
(e) States must guarantee that all persons and groups have access to financial aid and other economic
support measures taken in the context of the COVID-19 pandemic without discrimination. In
light of the disparate impact of the pandemic on groups and minorities protected under the
Convention, States should consider the adoption of special measures in order to secure the full
and equal enjoyment of human rights and fundamental freedoms of disadvantaged groups.
(f) Indigenous peoples, specifically those living in remote areas and in isolation, are particularly
vulnerable to the COVID-19 pandemic. States have an obligation to ensure, through positive
measures if needed, thatthe rights of indigenous communities living on their territory are
protected.

5. States must ensure, in their own actions as well as through international cooperation, that the development
of vaccines as well as access to an eventual vaccine against COVID-19 occur in a non-discriminatory
manner, taking into account the situation and needs of groups which are marginalized and subjected to
discrimination.

6. States must combat the COVID-19 pandemic guided by the principle of international solidarity through
international assistance and cooperation. States furthermore must cooperate in order to mitigate the
disparate impact of the pandemic and its socio-economic consequences in particular for groups and
minorities protected under the Convention.

7. States should adopt a consultative approach to their response to COVID-19, in particular by guaranteeing
the participation of all groups and minorities protected under the Conventionin the design and
implementation of emergency measures.