ICERD and CERD: A Guide for Civil Society Actors

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) The Committee on the Elimination of Racial Discrimination (CERD)

ICERD and CERD:

A Guide for Civil Society Actors

IMADR Geneva Office

The International Movement Against All Forms of Discrimination and Racism (IMADR)

ICERD and CERD:

A Guide for Civil Society Actors

Prepared by Daisuke SHIRANE (IMADR Geneva Office)

The International Movement Against All Forms of Discrimination and Racism (IMADR)

ACKNOWLEDGEMENTS

The International Movement Against All Forms of Discrimination and Racism (IMADR) Geneva office would like to thank all the people and staff who have supported this publication, in particular Mr. Patrick THORNBERRY (CERD Member), Ms. Gabriella HABTOM (CERD Secretariat), Ms. Emily HOWIE (Director ? Advocacy and Strategic Litigation, Human Rights Law Resource Centre, Australia), Ms. Jade JOHNSTON (IMADR Geneva Office intern) and Ms. Megumi KOMORI (IMADR Under-Secretary-General) for their contribution.

THE AUTHOR

ICERD and CERD: A Guide for Civil Society Actors is prepared by Mr. Daisuke SHIRANE (IMADR Geneva Office staff). Prior to this guidebook, the Minority Rights Group International (MRG) and IMADR jointly published "The International convention on the Elimination of All Forms of Racial Discrimination: A Guide for NGOs" in 2001, written by Ms Atsuko TANAKA with assistance of Mr. Yoshinobu NAGAMINE. Since then, there have been many changes in our society and developments in the work of the Committee on the Elimination of Racial Discrimination (CERD). The current guide reflects these developments and changes, while taking over the basic idea and some elements from the 2001 publication.

IMADR

The International Movement Against All Forms of Discrimination and Racism (IMADR) is an international non-profit and non governmental organisation founded in 1988 by one of Japan's largest minorities, the Buraku people. IMADR has its international secretariat in Tokyo, Japan, a UN liaison office in Geneva, Switzerland, and regional committees, members and partners around the world. IMADR works for the elimination of all forms of discrimination and racism by networking relevant actors, in particular discriminated minorities and grassroots organisations, and exploiting UN human rights system. Against this backdrop IMADR puts special emphasis on the implementation of the International Convention on the Elimination of Racial Discrimination (ICERD) and its promotion among as well as utilisation by civil society actors.

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Copyright

Copyright ? 2011 The International Movement Against All Forms of Discrimination and Racism (IMADR)

Material from this publication may be reproduced for teaching or any other non-commercial purposes as long as IMADR is acknowledged as the source. No part of this publication may be reproduced in any form for commercial purposes without the prior express permission of the copyright holders.

Contents

Abbreviations

v

Glossary

vi

Preface

viii

PART I ? What is ICERD?

1

1. Racial Discrimination addressed by ICERD

1

1.1 Definition and grounds of discrimination

1

1.2 Discrimination based on descent

2

1.3 Direct and indirect discrimination ? purpose and effect

3

1.4 Citizens and Non-Citizens

4

1.5 Special measures ? Affirmative action

5

1.6 Multiple discrimination

6

2. State obligations under ICERD (Article 2 - 7)

7

2.1 Measures to be taken to eliminate racial discrimination (Article 2)

7

2.2 Racial segregation and apartheid (Article 3)

8

2.3 Prohibition of racial incitement (Article 4)

8

2.4 Equality in the enjoyment of rights (Article 5)

9

2.5 Remedies for racial discrimination (Article 6)

10

2.6 Education (Article 7)

10

PART II ? CERD and its Work

12

1. The Committee on the Elimination of Racial Discrimination (CERD) 12

1.1 Membership

12

1.2 Sessions

12

2. Work and functions of CERD

13

2.1 Consideration of State Reports

13

a) Information to be included

13

b) Reporting Cycle

14

c) Country Rapporteur and list of themes

14

d) Consideration of State reports - Interactive dialogue with States parties

15

e) Concluding observations

15

f) Follow-up procedure to concluding observations

16

g) Review procedure (review in the absence of an up-to-date State report)

16

h) Status of National Human Rights Institutions (NHRIs)

17

i ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS

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