International Convention on the Elimination of All Forms of Racial Discrimination 2

International Convention on the Elimination of All Forms of Racial Discrimination

 

Article 7

States Parties undertake to adopt immediate and effective measures,
particularly in the fields of teaching, Education , culture and information,
with a view to combating prejudices which lead to racial discrimination and
to promoting understanding, tolerance and friendship among nations and
racial or ethnical groups, as well as to propagating the purposes and
principles of the Charter of the United Nations , the Universal Declaration
of Human Rights, the United Nations Declaration on the Elimination of All
Forms of Racial Discrimination, and this Convention.

PART Il

Article 8

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
those 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.

Article 9

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.

 

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.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Charter of the United Nations, Education, International Convention on the Elimination of All Forms of Racial Discrimination.


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