Human rights at your fingertips
7 International Convention
on the Elimination
of All Forms of Racial Discrimination
Adopted and opened for signature and ratification by General Assembly
resolution 2106 A (XX)of 21 December 1965
ENTRY INTO FORCE: 4 January 1969, in accordance with article 19
The States Parties to this Convention,
Considering that the Charter of the United Nations is based on the principles
of the dignity and equality inherent in all human beings, and that all Member
States have pledged themselves to take joint and separate action, in
co-operation with the Organization, for the achievement of one of the purposes
of the United Nations which is to promote and encourage universal respect for
and observance of human rights and fundamental freedoms for all, without
distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights proclaims that all
human beings are born free and equal in dignity and rights and that everyone is
entitled to all the rights and freedoms set out therein, without distinction of
any kind, in particular as to race, colour or national origin,
Considering that all human beings are equal before the law and are entitled
to equal protection of the law against any discrimination and against any
incitement to discrimination,
Considering that the United Nations has condemned colonialism and all
practices of segregation and discrimination associated therewith, in whatever
form and wherever they exist, and that the Declaration on the Granting of
Independence to Colonial Countries and Peoples of 14 December 1960 (General
Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the
necessity of bringing them to a speedy and unconditional end,
Considering that the United Nations Declaration on the Elimination of All
Forms of Racial Discrimination of 20 November 1963 (General Assembly resolution
1904 (XVIII)) solemnly affirms the necessity of speedily eliminating racial
discrimination throughout the world in all its forms and manifestations and of
securing understanding of and respect for the dignity of the human person,
Convinced that any doctrine of superiority based on racial differentiation is
scientifically false, morally condemnable, socially unjust and dangerous, and
that there is no justification for racial discrimination, in theory or in
Reaffirming that discrimination between human beings on the grounds of race,
colour or ethnic origin is an obstacle to friendly and peaceful relations among
nations and is capable of disturbing peace and security among peoples and the
harmony of persons living side by side even within one and the same State,
Convinced that the existence of racial barriers is repugnant to the ideals of
any human society,
Alarmed by manifestations of racial discrimination still in evidence in some
areas of the world and by governmental policies based on racial superiority or
hatred, such as policies of apartheid, segregation or separation,
Resolved to adopt all necessary measures for speedily eliminating racial
discrimination in all its forms and manifestations, and to prevent and combat
racist doctrines and practices in order to promote understanding between races
and to build an international community free from all forms of racial
segregation and racial discrimination,
Bearing in mind the Convention concerning Discrimination in respect of
Employment and Occupation adopted by the International Labour Organisation in
1958, and the Convention against Discrimination in Education adopted by the
United Nations Educational, Scientific and Cultural Organization in 1960,
Desiring to implement the principles embodied in the United Nations
Declaration on the Elimination of All Forms of Racial Discrimination and to
secure the earliest adoption of practical measures to that end,
Have agreed as follows:
1. In this Convention, the term “racial discrimination” shall
mean 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 the political, economic,
social, cultural or any other field of public life.
2. This Convention shall not apply to distinctions, exclusions, restrictions
or preferences made by a State Party to this Convention between citizens and
3. Nothing in this Convention may be interpreted as affecting in any way the
legal provisions of States Parties concerning nationality, citizenship or
naturalization, provided that such provisions do not discriminate against any
4. Special measures taken for the sole purpose of securing adequate
advancement of certain racial or ethnic groups or individuals requiring such
protection as may be necessary in order to ensure such groups or individuals
equal enjoyment or exercise of human rights and fundamental freedoms shall not
be deemed racial discrimination, provided, however, that such measures do not,
as a consequence, lead to the maintenance of separate rights for different
racial groups and that they shall not be continued after the objectives for
which they were taken have been achieved.
1. States Parties condemn racial discrimination and undertake to pursue by
all appropriate means and without delay a policy of eliminating racial
discrimination in all its forms and promoting understanding among all races,
and, to this end:
(a) Each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions and to en sure
that all public authorities and public institutions, national and local, shall
act in conformity with this obligation;
(b) Each State Party undertakes not to sponsor, defend or support racial
discrimination by any persons or organizations;
(c) Each State Party shall take effective measures to review governmental,
national and local policies, and to amend, rescind or nullify any laws and
regulations which have the effect of creating or perpetuating racial
discrimination wherever it exists;
(d) Each State Party shall prohibit and bring to an end, by all appropriate
means, including legislation as required by circumstances, racial discrimination
by any persons, group or organization;
(e) Each State Party undertakes to encourage, where appropriate,
integrationist multiracial organizations and movements and other means of
eliminating barriers between races, and to discourage anything which tends to
strengthen racial division.
2. States Parties shall, when the circumstances so warrant, take, in the
social, economic, cultural and other fields, special and concrete measures to
ensure the adequate development and protection of certain racial groups or
individuals belonging to them, for the purpose of guaranteeing them the full and
equal enjoyment of human rights and fundamental freedoms. These measures shall
in no case en tail as a con sequence the maintenance of unequal or separate
rights for different racial groups after the objectives for which they were
taken have been achieved.
States Parties particularly condemn racial segregation and apartheid and
undertake to prevent, prohibit and eradicate all practices of this nature in
territories under their jurisdiction.
States Parties condemn all propaganda and all organizations which are based
on ideas or theories of superiority of one race or group of persons of one
colour or ethnic origin, or which attempt to justify or promote racial hatred
and discrimination in any form, and undertake to adopt immediate and positive
measures designed to eradicate all incitement to, or acts of, such
discrimination and, to this end, with due regard to the principles embodied in
the Universal Declaration of Human Rights and the rights expressly set forth in
article 5 of this Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas
based on racial superiority or hatred, incitement to racial discrimination, as
well as all acts of violence or incitement to such acts against any race or
group of persons of another colour or ethnic origin, and also the provision of
any assistance to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and also organized and
all other propaganda activities, which promote and incite racial discrimination,
and shall recognize participation in such organizations or activities as an
offence punishable by law;
(c) Shall not permit public authorities or public institutions, national or
local, to promote or incite racial discrimination.
In compliance with the fundamental obligations laid down in article 2 of this
Convention, States Parties undertake to prohibit and to eliminate racial
discrimination in all its forms and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin, to equality before
the law, notably in the enjoyment of the following rights:
(a) The right to equal treatment before the tribunals and all other organs
(b) The right to security of person and protection by the State against
violence or bodily harm, whether inflicted by government officials or by any
individual group or institution;
(c) Political rights, in particular the right to participate in elections-to
vote and to stand for election-on the basis of universal and equal suffrage, to
take part in the Government as well as in the conduct of public affairs at any
level and to have equal access to public service;
(d) Other civil rights, in particular:
(i) The right to freedom of movement and residence within the border of the
(ii) The right to leave any country, including one’s own, and to return
to one’s country;
(iii) The right to nationality;
(iv) The right to marriage and choice of spouse;
(v) The right to own property alone as well as in association with others;
(vi) The right to inherit;
(vii) The right to freedom of thought, conscience and religion;
(viii) The right to freedom of opinion and expression;
(ix) The right to freedom of peaceful assembly and association;
(e) Economic, social and cultural rights, in particular:
(i) The rights to work, to free choice of employment, to just and favourable
conditions of work, to protection against unemployment, to equal pay for equal
work, to just and favourable remuneration;
(ii) The right to form and join trade unions;
(iii) The right to housing;
(iv) The right to public health, medical care, social security and social
(v) The right to education and training;
(vi) The right to equal participation in cultural activities;
(f) The right of access to any place or service intended for use by the
general public, such as transport hotels, restaurants, cafes, theatres and
States Parties shall assure to everyone within their jurisdiction effective
protection and remedies, through the competent national tribunals and other
State institutions, against any acts of racial discrimination which violate his
human rights and fundamental freedoms contrary to this Convention, as well as
the right to seek from such tribunals just and adequate reparation or
satisfaction for any damage suffered as a result of such discrimination.
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.
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 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;
5 (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.
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.
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
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.
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;
1. (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
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.
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
1. A State Party may at any time declare that it recognizes the competence
of the Committee to receive and consider communications from individuals or
groups of individuals within its jurisdiction claiming to be victims of a
violation by that State Party of any of the rights set forth in this Convention.
No communication shall be received by the Committee if it concerns a State Party
which has not made such a declaration.
2. Any State Party which makes a declaration as provided for in paragraph 1
of this article may establish or indicate a body within its national legal order
which shall be competent to receive and consider petitions from individuals and
groups of individuals within its jurisdiction who claim to be victims of a
violation of any of the rights set forth in this Convention and who have
exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this article and the
name of any body established or indicated in accordance with paragraph 2 of this
article shall be deposited by the State Party concerned with the
Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties.
A declaration may be withdrawn at any time by
notification to the Secretary-General, but such a withdrawal shall not affect
communications pending before the Committee.
4. A register of petitions shall be kept by the body established or
indicated in accordance with paragraph 2 of this article, and certified copies
of the register shall be filed annually through appropriate channels with the
Secretary-General on the understanding that the contents shall not be publicly
5. In the event of failure to obtain satisfaction from the body established
or indicated in accordance with paragraph 2 of this article, the petitioner
shall have the right to communicate the matter to the Committee within six
6. (a) The Committee shall confidentially bring any communication referred to
it to the attention of the State Party alleged to be violating any provision of
this Convention, but the identity of the individual or groups of individuals
concerned shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications;
6. (b) 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.
7. (a) The Committee shall consider communications in the light of all
information made available to it by the State Party concerned and by the
petitioner. The Committee shall not consider any communication from a petitioner
unless it has ascertained that the petitioner has exhausted all available
domestic remedies. However, this shall not be the rule where the application of
the remedies is unreasonably prolonged;
7. (b) The Committee shall
forward its suggestions and recommendations, if any, to the State Party
concerned and to the petitioner.
8. The Committee shall include in its annual report a summary of such
communications and, where appropriate, a summary of the explanations and
statements of the States Parties concerned and of its own suggestions and
9. The Committee shall be competent to exercise the functions provided for
in this article only when at least ten States Parties to this Convention are
bound by declarations in accordance with paragraph 1 of this article.
1. Pending the achievement of the objectives of the Declaration on the
Granting of Independence to Colonial Countries and Peoples, contained in General
Assembly resolution 1514 (XV) of 14 December 1960, the provisions of this
Convention shall in no way limit the right of petition granted to these peoples
by other international instruments or by the United Nations and its specialized
2. (a) The Committee established under article 8, paragraph 1, of this
Convention shall receive copies of the petitions from, and submit expressions of
opinion and recommendations on these petitions to, the bodies of the United
Nations which deal with matters directly related to the principles and
objectives of this Convention in their consideration of petitions from the
inhabitants of Trust and Non-Self-Governing Territories and all other
territories to which General Assembly resolution 1514 (XV) applies, relating to
matters covered by this Convention which are before these bodies;
2. (b) The Committee shall receive from the competent bodies of the
United Nations copies of the reports concerning the legislative, judicial,
administrative or other measures directly related to the principles and
objectives of this Convention applied by the administering Powers within the
Territories mentioned in subparagraph (a) of this paragraph, and shall express
opinions and make recommendations to these bodies.
3. The Committee shall include in its report to the General Assembly a
summary of the petitions and reports it has received from United Nations bodies,
and the expressions of opinion and recommendations of the Committee relating to
the said petitions and reports.
4. The Committee shall request from the Secretary-General of the United
Nations all information relevant to the objectives of this Convention and
available to him regarding the Territories mentioned in paragraph 2 (a) of this
The provisions of this Convention concerning the settlement of disputes or
complaints shall be applied without prejudice to other procedures for settling
disputes or complaints in the field of discrimination laid down in the
constituent instruments of, or conventions adopted by, the United Nations and
its specialized agencies, and shall not prevent the States Parties from having
recourse to other procedures for settling a dispute in accordance with general
or special international agreements in force between them.
1. This Convention is open for signature by any State Member of the United
Nations or member of any of its specialized agencies, by any State Party to the
Statute of the International Court of Justice, and by any other State which has
been invited by the General Assembly of the United Nations to become a Party to
2. This Convention is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall be open to accession by any State referred to in
article 17, paragraph 1, of the Convention.
2. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the thirtieth day after the
date of the deposit with the Secretary-General of the United Nations of the
twenty-seventh instrument of ratification or instrument of accession.
2. For each State ratifying this Convention or acceding to it after the
deposit of the twenty-seventh instrument of ratification or instrument of
accession, the Convention shall enter into force on the thirtieth day after the
date of the deposit of its own instrument of ratification or instrument of
1. The Secretary-General of the United Nations shall receive and circulate
to all States which are or may become Parties to this Convention reservations
made by States at the time of ratification or accession. Any State which objects
to the reservation shall, within a period of ninety days from the date of the
said communication, notify the Secretary-General that it does not accept it.
2. A reservation incompatible with the object and purpose of this Convention
shall not be permitted, nor shall a reservation the effect of which would
inhibit the operation of any of the bodies established by this Convention be
A reservation shall be considered incompatible or inhibitive if at
least two thirds of the States Parties to this Convention object to it.
3. Reservations may be withdrawn at any time by notification to this effect
addressed to the Secretary-General. Such notification shall take effect on the
date on which it is received.
A State Party may denounce this Convention by written notification to the
Secretary-General of the United Nations. Denunciation shall take effect one year
after the date of receipt of the notification by the Secretary General.
Any dispute between two or more States Parties with respect to the
interpretation or application of this Convention, which is not settled by
negotiation or by the procedures expressly provided for in this Convention,
shall, at the request of any of the parties to the dispute, be referred to the
International Court of Justice for decision, unless the disputants agree to
another mode of settlement.
1. A request for the revision of this Convention may be made at any time by
any State Party by means of a notification in writing addressed to the
Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide upon the steps,
if any, to be taken in respect of such a request.
The Secretary-General of the United Nations shall inform all States referred
to in article 17, paragraph 1, of this Convention of the following particulars:
(a) Signatures, ratifications and accessions under articles 17 and 18;
(b) The date of entry into force of this Convention under article 19;
(c) Communications and declarations received under articles 14, 20 and 23;
(d) Denunciations under article 21.
1. This Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the
2. The Secretary-General of the United Nations shall transmit certified
copies of this Convention to all States belonging to any of the categories
mentioned in article 17, paragraph 1, of the Convention.