International Convention on the Elimination of All Forms of Racial Discrimination (1965)

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was adopted by the UN General Assembly on 21 December 1965 and entered into force in 1969. It was the first of the core UN human rights treaties.

Definition

Article 1 defines racial discrimination as any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in any field of public life.

Obligations

States must pursue a policy of eliminating racial discrimination, prohibit it by all appropriate means, including legislation, and ensure that public authorities do not engage in it (Article 2). Under Article 4, they must declare an offence punishable by law the dissemination of ideas based on racial superiority or hatred and incitement to racial discrimination, and declare illegal organisations that promote it. Article 5 guarantees equality before the law in the enjoyment of a wide range of civil, political, economic, social and cultural rights, including access to any place or service intended for use by the general public, such as transport, hotels, restaurants and parks.

Remedies and Education

States must provide effective protection and remedies through national tribunals (Article 6) and adopt measures in teaching, education, culture and information to combat prejudice (Article 7).

Monitoring

The Committee on the Elimination of Racial Discrimination was the first UN treaty body, reviewing state reports since 1970.

In Indonesia

Indonesia ratified ICERD by Law No. 29 of 1999 and enacted Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination, which criminalises certain acts of racial and ethnic hatred and gives Komnas HAM a supervisory role. In a nation of hundreds of ethnic groups united under the motto Bhinneka Tunggal Ika (Unity in Diversity), the Convention speaks directly to daily social life.