Conclusion

2017 ◽  
Author(s):  
David Keane ◽  
Annapurna Waughray
Keyword(s):  
United Nations ◽  
Racial Discrimination ◽  
International Standards ◽  
Nobel Lecture ◽  
International Convention ◽  
Narrow Focus ◽  
Wide Range ◽  
Single Pattern ◽  
Treaty Interpretation ◽  
The United Nations

The United Nations does not seek a world cut after a single pattern, nor does it consider this desirable. The United Nations seeks only unity, not uniformity, out of the world’s diversity. – Ralph Bunche, Nobel Lecture (1950)1 The collection has charted the forces behind the drafting and entry into force of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in 1965, and in the fifty years of its implementation under the aegis of the Committee on the Elimination of Racial Discrimination (CERD), its evolution from a narrow focus on colonialism and apartheid to an instrument governing a wide range of groups and themes. The number of ratifications means that the obligations found in the treaty are near-universal in reach. Its provisions at times betray their age but have nevertheless proven very capable of application to contemporary aspects of racial discrimination. The title of this collection has ensured a focus on the treaty as a ‘living instrument’, but this does not always entail dynamic or evolutive interpertation. Complex questions of treaty interpretation coexist with straightforward applications of clear provisions to contemporary situations that confront the Committee. The text of ICERD has not changed since 1965; there are no protocols to the instrument. Its text has proven capable of a remarkable array of applications, and has framed the development of an in-depth corpus of international standards on the elimination of all forms of racial discrimination....

Combating Racial Discrimination in the World and in Europe

1993 ◽  
Vol 11 (2) ◽  
pp. 163-172
Author(s):  
Theo van Boven
Keyword(s):  
World War Ii ◽  
United Nations ◽  
Racial Discrimination ◽  
Critical Role ◽  
National Level ◽  
International Standards ◽  
International Convention ◽  
Progressive Development ◽  
The United Nations ◽  
On The Road

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.

Introduction

2017 ◽  
Author(s):  
David Keane ◽  
Annapurna Waughray
Keyword(s):  
United Nations ◽  
Racial Discrimination ◽  
Plenary Session ◽  
Radical Change ◽  
General Assembly ◽  
Nobel Lecture ◽  
International Convention ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations

The United Nations exists not merely to preserve the peace but also to make change – even radical change – possible. –Ralph Bunche, Nobel Lecture (1950)1 On 21 December 1965, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)2 was adopted in the United Nations General Assembly in plenary session by 106 votes to none....

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good?

2020 ◽  
Vol 34 (4) ◽  
pp. 387-407
Author(s):  
Udoka Ndidiamaka Owie
Keyword(s):  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The United Nations

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.

scholarly journals Gender-Based Discrimination in the Area of Nationality

1970 ◽  
pp. 118-119
Author(s):  
Omar Nashabe
Keyword(s):  
United Nations ◽  
Racial Discrimination ◽  
International Committee ◽  
International Convention ◽  
Article 9 ◽  
The United Nations ◽  
Gender Based

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).

Global Compilation of National Legislation Against Racial Discrimination

1992 ◽  
Vol 20 (2) ◽  
pp. 159-161
Author(s):  
Robert W. Schaaf
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
San Francisco ◽  
Universal Declaration ◽  
General Assembly ◽  
International Convention ◽  
National Legislation ◽  
Fundamental Freedoms ◽  
The United Nations

The united nations recently issued a compilation of national legislation against racial discrimination. The publication, which has a 1991 imprint, bears the title: Second Decade to Combat Racism and Racial Discrimination: Global Compilation of National Legislation against Racial Discrimination. This volume covers 205 pages and carries the symbol: HR/PUB/90/8.The Charter of the United Nations, which was signed in June 1945 at San Francisco, entrusts the UN with promoting and ensuring respect for human rights and fundamental freedoms “for all without distinction as to race, sex, language or religion.” The General Assembly, in one of its first resolutions, declared in 1946 “that it is in the higher interests of humanity to put an immediate end to religious and so-called racial persecution and discrimination.” The Universal Declaration of Human Rights, adopted by the General Assembly December 10, 1948, is the most fundamental human rights instrument adopted by the United Nations. Since that time there have been numerous conventions and declarations aimed specifically at eliminating racial discrimination. These include the Declaration and International Convention on the Elimination of All Forms of Racial Discrimination, adopted November 20, 1963 and December 21, 1965, respectively, and the Convention on the Suppression and Punishment of the Crime of Apartheid, adopted November 30, 1973.

The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination

1985 ◽  
Vol 79 (2) ◽  
pp. 283-318 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
Or Education ◽  
International Convention ◽  
Customary International Law ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
United Nations Charter

The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as “the international community’s only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation.”

Race versus Religion in the Making of the International Convention Against Racial Discrimination, 1965

2014 ◽  
Vol 32 (2) ◽  
pp. 351-383 ◽  
Author(s):  
Ofra Friesel
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
Member States ◽  
International Convention ◽  
Final Version ◽  
Major Field ◽  
Short Period ◽  
The United Nations

The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD), was negotiated at the United Nations (UN) during the years 1962–1965. At that period, the UN was an organization so highly politicized and split that it was almost paralyzed, operatively speaking. Human rights codification was a major field whose advancement came to a standstill as a result of the lack of cooperation between UN member-states. Nevertheless, the UN managed to unite around the denunciation of racial discrimination, and unanimously adopted CERD on December 21, 1965. Furthermore, the period of time that elapsed between the presentation of the initiative and the vote on the final version of the treaty was only 3 years; a rather short period of time, UN experience considered.

scholarly journals Mapping the International Convention on the Elimination of All Forms of Racial Discrimination as a Living Instrument

2020 ◽  
Vol 20 (2) ◽  
pp. 236-268
Author(s):  
David Keane
Keyword(s):  
United Nations ◽  
Racial Discrimination ◽  
Case Law ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
European Court ◽  
International Court ◽  
The United Nations ◽  
Communications System

Abstract The ‘living instrument’ doctrine has emerged as a key vehicle for evolution and innovation within the International Convention on the Elimination of  All Forms of Racial Discrimination (ICERD). Originating in the case law of the European Court of   Human Rights, the doctrine has been adopted by the Committee on the Elimination of Racial Discrimination and, it is argued, all the United Nations treaty bodies. Yet its origins and meaning under ICERD have not been explored. This article investigates its first invocation in an individual communication, Hagan v Australia. It contrasts regional case law, where individual judgments set key interpretive standards, with an international individual communications system that has evolved asymmetrically across the United Nations treaties and does not perform the same standard-setting role. The significance of concluding observations and general recommendations in understanding ICERD as a living instrument is detailed. The living instrument approach in recent inter-State complaints before the International Court of Justice and the Committee is discussed. In conclusion, the need to map ICERD as a living instrument across the multiplicity of its supervisory mechanisms is emphasised.

scholarly journals AUSTRALIAN HUMAN RIGHTS COMMISSION (AHRC) DALAM MENGURANGI KASUS DISKRIMINASI RAS DI AUSTRALIA TAHUN 2015-2018

2021 ◽  
Vol 24 (1) ◽  
pp. 434
Author(s):  
Micaella Dani ◽  
Muharjono Muharjono
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
Early Warning ◽  
International Convention ◽  
Public Hearings ◽  
The United Nations

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.

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