Decree of the Minister for Foreign Affairs No. 95 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the International Convention for the Elimination of All Forms of Racial Discrimination
Valid
Effective from 04.01.1969
95
DECLARATION
Minister for Foreign Affairs
of 15 August 1974
concerning the International Convention on the Elimination of All Forms of Racial Discrimination
The United Nations General Assembly Resolution of 21 December 1965 adopted the International Convention on the Elimination of All Forms of Racial Discrimination.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 7 March 1966. The Convention was approved by the National Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic, subject to Articles 17 and 22 thereof. The instrument of ratification was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 29 December 1966.
The Convention entered into force on 4 January 1969 on the basis of Article 19 thereof and also entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
First Deputy Minister:
Krajčir v. r.
INTERNATIONAL CONVENTION
on the elimination of all forms of racial discrimination
States Parties to this Convention,
Taking into account that the Charter of the United Nations is based on the principles of dignity and equality of all people and that all Member States have undertaken, in cooperation with the Organization, to carry out joint and individual actions in order to achieve and maintain one of the objectives of the United Nations, which is to promote and strengthen universal respect for human rights and fundamental freedoms for all, regardless of race, sex, language or religion,
Taking into account that the Universal Declaration of Human Rights states that all people are born free and equal in dignity and rights and that everyone should have all the rights and freedoms declared therein without any distinction, in particular by race, colour or national origin,
Considering that all people are equal before the law and have the right to equal protection by law against any discrimination and any incitement to discrimination,
Bearing in mind that the United Nations condemned colonialism and all the segregation and discrimination practices that it is accompanied by, whatever form and wherever they exist, and that the Declaration of Independence of the Colonial Countries and Nations of 14 December 1960 (Resolution 1514 of the General Assembly [XV]) confirmed and solemnly declared the necessity to put an end to them as quickly and unconditionally as possible,
Taking into account that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963 (Resolution 1904 [XVIII]) solemnly confirms that it is necessary to rapidly eliminate Racial Discrimination in all its forms and speeches throughout the world and to ensure understanding and respect for human dignity,
convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally reprehensible, socially unfair and dangerous, and that racial discrimination in theory or practice, wherever it occurs, is not justified,
reaffirming that discrimination between people by race, colour or national origin is an obstacle to friendly and peaceful relations between nations and threatens peace and security between nations, as well as the harmonious coexistence of people, including in the same state,
convinced that the existence of a racial dam is incompatible with the ideals of any human society,
concerned about the expression of racial discrimination that is still taking place in some areas of the world, and about the policies of governments based on racial superiority and hatred, such as apartheid, segregation and separation,
determined to take all necessary measures to rapidly eliminate racial discrimination in all its forms and expressions, to prevent the spread of racist learning and practices and to combat them, to promote understanding between races and to build an international community free of all forms of racial segregation and racial discrimination,
Taking into account the Convention on Professional and Employment Discrimination, adopted by the International Labour Organisation in 1958, and the Convention on Combating Discrimination in Education, adopted by the United Nations for Education, Science and Culture in 1960,
Desiring to implement the principles enshrined in the United Nations Declaration on the elimination of all forms of racial discrimination and to ensure that practical measures are taken as quickly as possible to that end,
agree on the following:
1. The term "racial discrimination" in this Convention shall mean any distinction, exclusion, restriction or advantage based on race, colour, native or ethnic origin, the object or effect of which is to prevent or restrict the recognition, use or exercise of human rights and fundamental freedoms on the basis of equality in political, economic, social, cultural or any other area of public life.
2. This Convention shall not apply to the distinction, exclusion, restriction or preferential treatment by a State Party between its own and foreign citizens.
3. Nothing in this Convention may be interpreted in such a way as to affect in any way the laws of the Contracting States relating to nationality, citizenship or naturalisation, unless such provisions discriminate against a nationality.
4. Special measures taken solely to ensure the adequate development of certain racial or ethnic groups or individuals who need such protection as may be necessary to ensure the equal use or exercise of human rights and fundamental freedoms are not regarded as racial discrimination, unless such measures lead to the maintenance of different rights for different racial groups and remain in force after the achievement of the objectives for which they have been adopted.
1. The Contracting States condemn racial discrimination and undertake to implement without delay and in all appropriate ways a policy to eliminate racial discrimination in all its forms and to develop understanding between all races. To this end:
(a) each Contracting State undertakes not to make racial discrimination against persons, groups of persons or institutions and shall ensure that all public authorities and institutions, both national and local, act in accordance with this commitment;
(b) each Contracting State undertakes not to encourage, defend or promote racial discrimination by any person or organisation;
(c) each Contracting State shall take effective measures to review national and local government policies and to amend or repeal all laws and regulations which result in racial discrimination being created or maintained wherever it exists;
(d) any Contracting State shall prohibit and eliminate any appropriate means, including legislative measures, of racial discrimination by any person, group or organisation;
(e) each Contracting State undertakes to support, where appropriate, integration multi-racial organisations and movements and other measures to remove barriers between races and to act against anything that seeks to strengthen the racial dam.
2. Where circumstances so require, the Contracting States shall implement specific measures in the fields of social, economic, cultural and other areas to ensure the adequate development and protection of racial groups or their members in order to guarantee the full and equal use of human rights and fundamental freedoms. Such measures shall in no way result in the maintenance of inequalities or differences in the rights of different racial groups after reaching the purpose for which they have been adopted.
In particular, the Contracting States condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this kind in the territories under their jurisdiction.
The Contracting States shall condemn or attempt to justify or encourage any form of racial hatred and discrimination and undertake to take urgent and positive measures to eradicate any incitement to racial discrimination or acts of racial discrimination, with due regard for the principles enshrined in the Universal Declaration of Human Rights and the rights expressly referred to in Article 5 of this Convention, in particular:
(a) declare acts of crime by law: any extension of ideas based on racial superiority or hatred, any incitement to racial discrimination, as well as any acts of violence or incitement to such acts against any race or any group of persons of other skin colour or ethnic origin, as well as any support for racist activity, including financing thereof;
(b) declare illegal organisations, as well as organised and any other propaganda activity promoting and encouraging racial discrimination and declaring participation in such organisations or in such activities to be criminal under the law;
(c) not to allow national or local public authorities or institutions to support or encourage racial discrimination.
In accordance with the essential obligations laid down in Article 2 of this Convention, the Contracting States undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee the right of everyone to equality before the law without distinction by race, colour, national or ethnic origin, in particular when using the following rights:
(a) the right to equal treatment before the courts and all other judicial authorities;
(b) rights to personal security and protection by the State against violence and harm to health, whether caused by government officials or by any person, group or institution;
(c) political rights, in particular the right to take part in elections - vote and stand as a candidate - on the basis of universal and equal voting rights, the right to participate in the government, as well as to take part in the administration of public affairs at all stages, and the right to enter public services on equal terms;
(d) other civil rights, in particular:
(i) the right of free movement and the choice of residence within the borders of the State;
(ii) the right to leave any country, even your own, and return to your own country,
(iii) the right to citizenship;
(iv) the right to marry and choose a husband;
(v) the right of each to own the property, both alone and with others;
(vi) the right to acquire the inheritance;
(vii) the right to freedom of thought, conscience and religion,
(viii) the right to freedom of conviction and expression,
(ix) the right to freedom of assembly and association;
(e) economic, social and cultural rights, in particular:
(i) the right to work, to free choice of employment, to fair and satisfactory working conditions, to protection against unemployment, to equal pay for equal work and to fair and satisfactory remuneration for work;
(ii) the right to establish trade unions and to become a member;
(iii) housing rights;
(iv) health rights, medical care, social security and social services;
(v) education and training rights,
(vi) the right to an equal participation in cultural events;
f) the right to access all places and use all services intended for the public, such as means of transport, hotels, restaurants, cafés, theatres and parks.
The Contracting States shall ensure, through their respective national courts and other national authorities, effective protection against all acts of racial discrimination which, contrary to this Convention, infringe their human rights and fundamental freedoms, and the right to seek fair and reasonable compensation from those courts for any damage they have suffered as a result of such discrimination.
The Contracting States undertake to take immediate and effective measures, in particular in the fields of teaching, education, culture and information, to combat prejudices that lead to racial discrimination and to promote understanding, tolerance and friendship between nations and racial or ethnic groups, as well as to popularize the objectives 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. A Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee) will be set up, composed of 18 experts known for their high moral characteristics and impartiality, who will be elected by the Contracting States from their citizens and will perform this function as individual persons, taking into account the fair geographical distribution of sites and the representation of different forms of civilisation and of the main legal systems.
The members of the Committee shall be elected by secret ballot from the candidates on the list of persons appointed by the Contracting States. Each Contracting State may appoint one person from among its citizens.
3. The first elections will take place six months after this Convention enters into force. The Secretary-General of the United Nations shall invite the Contracting States, no later than three months before each election, to notify their candidates within two months. The Secretary-General shall draw up an alphabetical list of all persons so proposed, indicating the Contracting States by which they have been proposed, and send it to the Contracting States.
4. The elections of the members of the Committee shall be held at a meeting of the Contracting States to be convened by the Secretary-General at the seat of the United Nations. At this meeting, at which the quorum will consist of two thirds of the Contracting States, those candidates who receive the largest number of votes and the absolute majority of votes of the Contracting States' representatives present and voting will be elected as members of the Committee.
5. (a) The members of the Committee shall be elected for a four-year period. However, the election period of nine members elected in the first elections shall expire in two years. The names of these nine members will be drawn by the chairman of the Committee immediately after the first elections.
(b) In order to fill vacant posts, a Contracting State whose expert has ceased to serve as a member of the Committee shall appoint another expert from among its citizens, subject to the approval of the Committee.
6. The Contracting States shall bear the costs of the members of the Committee in carrying out their duties.
1. The Contracting States undertake to submit a report to the Secretary-General of the United Nations on the legislative, judicial, administrative or other measures they have taken to implement the provisions of this Convention to the Committee:
(a) within a year of the entry into force of this Convention for the relevant State,
(b) every two years thereafter, and in addition, whenever the Committee so requests.
The Committee may request additional information from the Contracting States.
2. The Committee shall report annually to the General Assembly through the Secretary-General on its activities and may make proposals and general recommendations on the basis of reports and information received from the Contracting States. Such proposals and general recommendations shall be submitted to the General Assembly together with any comments from the Contracting States.
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officials for a period of two years.
3. The Secretary-General of the United Nations shall establish the Secretariat of the Committee.
4. Committee meetings will be held as a general rule at the United Nations headquarters.
1. If a Contracting State considers that another Contracting State does not implement the provisions of this Convention, it may notify the Committee thereof. The Committee shall then send this communication to the relevant Contracting State. The State to which the notification has been sent shall submit a written explanation or declaration within three months and shall inform the Commission of any correction.
2. If the matter is not settled to the satisfaction of both parties within six months of the date on which the first communication was received by the State, either by bilateral negotiations or by other appropriate means, each State shall have the right to refer the question to the Committee again by informing the Committee and the other State at the same time.
3. The Committee shall deal with the matter referred to it under paragraph 2 of this Article only after having established that all available national remedies have been used and exhausted in the present case, in accordance with generally recognised principles of international law. However, this does not apply where the correction procedure is unjustifiably extended.
4. The Committee may, on any matter submitted to it, request the relevant Contracting States to send it any further information concerning the matter.
5. Where the Committee is discussing a question arising from this Article, the Contracting States concerned shall have the right to designate a representative who shall, without the right to vote, participate in the discussion of the matter.
1. (a) As soon as the Committee has received and compared all the information it considers necessary, the President shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission) composed of five persons who may or may not be members of the Committee. Its members shall be appointed by unanimous agreement of the Parties in the dispute. The Commission shall provide interested States with its good services to settle the dispute peacefully, based on compliance with this Convention.
(b) If the States Parties do not agree within three months on the composition of the Commission, its members, which have not been agreed upon by them, shall be elected from among the members of the Committee by a majority of two thirds in secret.
2. Members of the Commission shall act as individuals. They may not be members of a State which is a Party to the dispute or of a State which is not a Party to this Convention.
3. The Commission shall elect its President and approve its Rules of Procedure.
4. The Commission shall, as a general rule, meet in the United Nations headquarters or any other appropriate place to be designated by it.
5. The Secretariat established pursuant to Article 10 (3) of this Convention shall also serve any commission resulting from the dispute between the Contracting States referred to above.
6. All costs of the members of the Commission shall be distributed equally between the States Parties on the basis of an estimate made by the Secretary-General.
7. The Secretary-General shall be authorised, if necessary, to cover the expenses of the members of the Commission before they are paid by the States Parties in accordance with paragraph 6 of this Article.
8. Information received and evaluated by the Committee shall be made available to the Commission. The Commission may request States to submit any other information concerning the matter under consideration.
1. The Commission shall, after full consideration of the matter, prepare and submit to the President of the Committee its report with conclusions on all matters of fact relating to the dispute and with recommendations which the Commission considers are appropriate to achieve a peaceful settlement of the dispute.
2. The chairman of the Committee shall submit the report to each of the States Parties in the dispute. These States shall inform the Chairman of the Committee within three months whether they accept the recommendations contained in the Commission report.
3. Upon expiry of the period referred to in paragraph 2 of this Article, the Chairman of the Committee shall send a report to the other Contracting States of this Convention, together with the declarations of the States Parties to the dispute.
1. A Contracting State may at any time declare that it recognises the competence of the Committee for the Reception and Consultation of Communications of individual persons or groups of persons under the jurisdiction of that State who complain that they have been the victim of an infringement of any of the rights declared in this Convention. The Committee shall not accept a communication concerning a Contracting State which has not made such a declaration.
2. Any Contracting State making a declaration pursuant to paragraph 1 of this Article may, within the framework of its own rules of law, establish or designate an authority to be entrusted with the adoption and discussion of petitions by individual persons and groups of persons subject to its jurisdiction who complain that they have been the victims of an infringement of one of the rights declared in this Convention and have exhausted other available national remedies.
3. A declaration made in accordance with paragraph 1 of this Article, together with the name of the authority created or designated in accordance with paragraph 2 of this Article, shall be deposited by the Contracting State with the Secretary-General of the United Nations and shall send a copy thereof to the other Contracting States. The declaration may be withdrawn at any time by a notification sent to the Secretary-General. The appeal shall not apply to communications already received by the Committee.
4. The authority established or designated in accordance with paragraph 2 of this Article shall keep a register of petitions. Verified copies of the register shall be deposited with the Secretary-General each year, the content of which shall not be published.
5. In the event that the complainant does not receive satisfaction from the body created or designated in accordance with paragraph 2 of this Article, he shall have the right to contact the Committee within six months with this matter.
6. (a) The Committee shall inform the Contracting State which allegedly infringed one of the provisions of this Convention by means of confidential channels of any complaint; However, it shall not indicate the identity of the relevant person or group of persons without their express consent. The committee will not accept anonymous complaints.
(b) The State shall, within three months, submit to the Committee a written explanation or statement clarifying the matter and information on the possible correction.
7. (a) The Committee shall examine complaints in the light of all the information submitted to it by the Contracting State and the complainant. The Committee will not deal with the complainant's communication until it finds that the complainant has exhausted all available national remedies. However, this principle does not apply where the correction procedure is unjustifiably extended.
(b) The Committee shall send its proposals and recommendations, if any, to the relevant Contracting State and to the complainant.
8. The Committee shall include in its annual report the brief content of these communications and, where appropriate, the content of the explanations and opinions of the Contracting States as well as its own proposals and recommendations.
9. The Committee shall be entitled to perform the functions referred to in this Article only if at least 10 Contracting States of this Convention are bound by declarations within the meaning of paragraph 1 of this Article.
1. Pending the achievement of the objectives of the Declaration of Independence for Colonial Countries and Nations, contained in Resolution 1514 (XV) of 14 December 1960, the provisions of this Convention shall in no way restrict the right of petition guaranteed to these peoples by other international documents or by the United Nations and its international experts.
2. (a) The Committee, established pursuant to paragraph 1 of Article 8 of this Convention, shall receive copies of petitions from the United Nations bodies dealing with issues directly related to the principles and objectives of this Convention and shall submit to them its views and recommendations on such petitions when considering petitions which originate from residents of, or other territories covered by, Resolution 1514 (XV) of the General Assembly, and shall address the issues covered by this Convention and submitted to those authorities.
(b) The Committee shall receive from the competent authorities of the United Nations copies of reports on legislative, judicial, administrative or other measures which are directly related to the principles and objectives of this Convention and which are carried out by administrative powers in the territories referred to in point (a) of this paragraph and shall communicate their views and recommendations to those authorities.
3. The Committee shall include in its report to the General Assembly a brief overview of the petitions and reports received from the United Nations bodies, as well as the views and recommendations of the Committee on these petitions and reports.
4. The Committee shall seek from the Secretary-General of the United Nations any information available to it relating to the objectives of this Convention and concerning the territories referred to in paragraph 2 (a) of this Article.
The provisions of this Convention on measures to be taken to settle disputes or to deal with complaints shall not affect other means of dispute settlement or the handling of complaints in the field of discrimination, as laid down in the basic documents or conventions of the United Nations and its professional organisations, and shall not prevent the Contracting States from using other means of settlement of disputes, in accordance with the general or specific international treaties by which they are bound.
1. This Convention shall be open to the signature of all States that are members of the United Nations, of any of its international professional organisations, of all States Parties to the Statute of the International Court of Justice and of any other State which has been invited by the General Assembly of the United Nations to become a party to this Convention.
2. This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall be open to all States referred to in paragraph 1 of Article 17 of the Convention.
2. The instruments of access shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall enter into force on the 30th day following the deposit of the 27th instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to the Convention after the deposit of the 27th instrument of ratification or accession, the Convention shall enter into force on the 30th day following the deposit of its instrument of ratification or accession.
1. If any State makes a reservation on ratification or accession to any of the Articles of this Convention, the Secretary-General of the United Nations shall communicate the text of the reservation to all States which are or may become Contracting Parties to this Convention. Any State objecting to reservations shall notify the Secretary-General within 90 days of the date of that communication that it does not accept the reservation.
2. Reservations incompatible with the purpose and purpose of this Convention shall not be permitted. Nor is a reservation to prevent the activities of one of the bodies set up by the Convention in its effect. A reservation with which at least two-thirds of the Contracting States of this Convention shall object shall be deemed to be inadmissible or to prevent activities.
3. Reservations may be revoked at any time by a communication to the Secretary-General. The communication shall enter into force on the day on which it was received by the Secretary-General.
Any State may terminate this Convention by means of a written communication to the Secretary-General of the United Nations. The denunciation shall enter into force one year after the date on which the Secretary-General receives the notification.
Any dispute arising between two or more Contracting States concerning the interpretation or application of this Convention which is not resolved by negotiation or by the procedure expressly provided for in this Convention shall, at the request of either Party, be referred to the International Court of Justice in the dispute for a decision if the parties fail to consider a different solution.
1. Any Contracting State may at any time request a revision of this Convention by written communication to the Secretary-General of the United Nations.
2. The measures to be taken following such a request, if any, shall be decided by the General Assembly of the United Nations.
The Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of Article 17 of this Convention:
(a) the signatures of this Convention, ratification and accession pursuant to Articles 17 and 18;
(b) the date on which this Convention enters into force pursuant to Article 19;
(c) the communications and declarations received pursuant to Articles 14, 20 and 23;
(d) communications of the statement received pursuant to Article 21.
1. This Convention, the text of which shall be equally authentic in the United Nations Archive of the English, Chinese, French, Russian and Spanish.
2. The Secretary-General of the United Nations shall send a certified imprint of this Convention to all States belonging to one of the categories referred to in paragraph 1 of Article 17 of the Convention.
To prove this, the undersigned, duly empowered by their governments, signed this Convention, open for signature in New York on the seventh March of the year of the 1960s.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 95 / 1974 Coll., on the International Convention on the Elimination of All Forms of Racial Discrimination |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.10.1974 |
|---|---|
| Effective from | 04.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0