scholarly journals Report from the Inside: The CERD Committee's Review of the Foreshore and Seabed Act 2004

2005 ◽  
Vol 36 (2) ◽  
pp. 257 ◽  
Author(s):  
Claire Charters ◽  
Andrew Erueti

This paper describes, from the perspective of the advocates for Māori claimants, the substance of submissions to, and process followed by, the United Nations Committee on the Elimination of Racial Discrimination in determining that the Foreshore and Seabed Act 2004 discriminates against Māori. The paper has a number of functions: it illustrates that, contrary to the Prime Minister's suggestions, the process followed by the Committee was robust; provides much needed comment on the Committee's early warning and urgent action procedure; should be useful to other individuals or groups seeking to challenge legislation in international fora; and, finally, sheds light on the Committee's succinct decision by placing it within the context from which it emerged. 

Author(s):  
Micaella Dani ◽  
Muharjono Muharjono

This journal discussing about the efforts of the Australian Human RightsCommission (AHRC) to reduce racial discrimination cases in Australia 2015-2018. The AHRC efforts was defined into five rules and procedures for resolving racial discrimination complaints. They are socialization or early warning, collecting complaints and investigation, fulfillment, continuation of legal actions, and public hearings. The Australia’s moment ratified the rules of the United Nations of Human Rights Commissioner (UNHRC), namely the CERD rules concerning the International Convention on the Elimination of All Forms of Racial Discrimination which sparked the 1975 Racial Discrimination Act could construct the formation of the AHRC in 1986. The principle of UNHRC is an organization known as regime which adopted in Australia in the form of AHRC. This journal aims to discuss, describe and find out the efforts of the Australian Human Rights Commission in reducing cases of racial discrimination in Australia 2015-2018. Explain the rules and procedures for resolving racial discrimination complaints received by the AHRC through five stages of resolution. Afterwards analyze whether the five rules and procedures implemented by the AHRC implemented optimally to reduce racial discrimination cases which happened in Australia in 2015-2018.


Author(s):  
Cathal Doyle

The chapter offers a compelling case study on the operationalization of CERD’s early warning and urgent action procedure in the case of the Subanon community located at the foot of Mt Canatuan in the Phillippines, and provides a close-up of the relevance of the treaty on the ground.


2020 ◽  
Vol 34 (4) ◽  
pp. 387-407
Author(s):  
Udoka Ndidiamaka Owie

Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty.


1993 ◽  
Vol 11 (2) ◽  
pp. 163-172
Author(s):  
Theo van Boven

The struggle against racism and racial discrimination requires a broad strategy of action, ranging from legal and political measures, including measures of conflict resolution and confidence building, to policies in the fields of teaching, education, culture and information. Attention is paid to the actions taken over the years by the United Nations to eliminate racism and racial discrimination. It may be concluded that the actions to combat racism and racial discrimination had, at least at the level of the United Nations, a spear-head function on the road to the progressive development of strategies and policies for dealing with the promotion and protection of human rights in general. Racial discrimination is a global problem that manifests itself in a variety of ways. The international standards, adopted and proclaimed by the United Nations, are applicable to all and not only with respect to a pre-selected number of countries and situations. These standards are universal. Subsequently, the question of racism and racial discrimination as it manifests itself in Europe is dealt with. With the disappearance of totalitarian communism, Europe has become a complicated place where in several areas national and ethnic violence has reached proportions and a degree of hatred and cruelty which are reminders of the days of World War II. Radical sentiments of nationalism and ethnocentrism re-emerge. Apart from this there is a steadily growing manifestation of racism and xenophobia against foreign immigrants and refugees. There are also countermovements, which are a source of hope that the struggle against racism and racial discrimination is a commitment as well as a common standard of achievement by all peoples and all nations. Action at the national level has to be supplemented by action at the international level. The International Convention on the Elimination of All Forms of Racial Discrimination is a strategic tool in this area. In the light of new challenges it is therefore of great importance that all States and all sectors of society, cooperate to implement this Convention and that the supervisory mechanism established under the Convention is able to carry out its critical role.


2012 ◽  
Vol 28 (2) ◽  
pp. 103-117
Author(s):  
James Gomez

Racial discrimination is a global phenomenon that the United Nations seeks to eradicate. In contemporary Singapore, research shows that the basis for racial discrimination is anchored in the role of ethnic identity and how it frames the formulation of policies related to education, employment, housing, immigration and politics. These policies have been formulated and implemented by the People's Action Party (PAP) government that has been in power for over 50 years. When confronted with its racially based policies, the PAP government insists that it follows a tolerant approach towards different races and that it promotes the idea of multiculturalism and meritocracy as a racial equalizer. However, ethnic minorities in Singapore complain they are being discriminated against daily on the basis of their race or religion. They argue that their views are often not given airing in the local mainstream media and they are further prevented from discussing these issues openly due to legislation restricting freedom of expression and assembly on these matters. Given this background, the first visit of a UN Rapporteur on racism to Singapore, at the invitation of the PAP government in April 2010, allowed the city-state's race-based policies to be put in an international spotlight. This study examines the visit of the UN Rapporteur, his initial findings, government and civil society responses, and the significance of this first UN mission. The paper locates its research on racial discrimination in the context of Singapore's political framework and the United Nations' efforts to eradicate racism. It argues that ultimately, policy changes in Singapore can only take place as a result of politically challenging the PAP government.


1970 ◽  
pp. 118-119
Author(s):  
Omar Nashabe

The United Nations’ International Committee on the Elimination of Racial Discrimination (ICERD) held its 64th session from February to March in Geneva, Switzerland. On March 3rd and 4th the committee considered the fourteenth to sixteenth periodic reports of Lebanon on its implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (in accordance with article 9 of the CERD).


Sign in / Sign up

Export Citation Format

Share Document