60 Years of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

What is ICERD? 

The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is one of the earliest United Nations (UN) treaties aimed at eradicating racial discrimination globally. ICERD emerged in the 1960s amid global struggles against colonialism, apartheid, and systemic racism, and was adopted on 21 December 1965 by the UN General Assembly, entering into force on 4 January 1969. As of today, 182 States are parties to the Convention, reflecting its wide acceptance as a cornerstone of international human rights law. ICERD is the oldest UN human rights Convention, establishing the first treaty body, the Committee on the Elimination of Racial Discrimination (CERD), to monitor its implementation.  

A central aspect of ICERD is its comprehensive definition of racial discrimination, which includes: 

“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.”  

This broad and inclusive definition ensures that both intentional and unintentional forms of racial discrimination are addressed, promoting a more equitable and just society. ICERD promotes equality and non-discrimination, participation and inclusion, as well as access to justice. 

Marking its 60^th anniversary in 2025, ICERD remains vital in combating racial discrimination, promoting equality, and fostering peaceful coexistence. The Convention obliges States to eliminate discriminatory laws, policies, and practices, while encouraging measures to ensure equal enjoyment of rights. For countries like Ethiopia, with a diverse ethnic composition, ICERD provides a framework to address discrimination and uphold human dignity. 

What are the key features of ICERD?  

ICERD condemns: 

• discriminatory propaganda;  

• discrimination based on race, colour, descent, or national or ethnic origin; 

• racial segregation and apartheid;  

• organisations based on ideas of superiority based on race, colour, descent, or national or ethnic origin, and  

• justification or promotion of hatred based on race, colour, descent, or national or ethnic origin.    

ICERD requires States: 

• Not to sponsor, defend or support discrimination based on race, colour, descent, or national or ethnic origin by any persons or organizations; 

• To prohibit and bring to an end, including by adopting laws, discrimination based on race, colour, descent, or national or ethnic origin by any persons, group or organization;  

• To review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which create or perpetuate discrimination based on race, colour, descent, or national or ethnic origin; 

• To combat prejudices which lead to discrimination based on race, colour, descent, or national or ethnic origin in the fields of education, culture and information;   

• To encourage multiracial organizations and movements and other means of eliminating barriers between races; and  

• To ensure the special protection of certain racial groups or individuals (based on race, colour, descent, or national or ethnic origin) belonging to them to guarantee them the full and equal enjoyment of human rights. 

What is CERD/the Committee? 

The Committee on the Elimination of Racial Discrimination (CERD) was the first body created by the United Nations to monitor and review actions by States to fulfil their obligations under a specific human rights treaty.  

Mechanisms used by CERD/the Committee to monitor state actions and advise  

1. State reports: States parties submit periodic reports on the legislative, judicial, administrative or other measures they have adopted to implement the ICERD provisions. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”. 
2. Early warning and urgent procedure: Early warning measures aim to prevent escalation while urgent procedures aim to respond to problems requiring immediate attention to prevent or limit serious violations of the Convention. The Committee intervenes by issuing decisions and statements to prevent escalation.  
3. Individual communications: Individuals or a group of persons can submit complaints if their state has accepted this procedure by making a declaration, offering a direct avenue for redress. 
4. Inter-state communications: States can raise disputes against each other, though this is rarely used. 
5. General recommendations (GRs): GRs interpret the Convention’s provisions, address emerging issues, and clarify State parties’ obligations. The Committee has issued 36 recommendations to date reflecting over five decades of work. The most recent GRs address contemporary issues such as racial profiling in law enforcement and hate speech. While CERD’s GRs are not legally binding, they carry significant interpretive weight, assisting states like Ethiopia in aligning national laws with international standards and best practices.  

These working procedures ensure ICERD adapts to modern challenges, such as online racism and entrenched systemic inequalities. The Convention’s mechanisms—such as its early-warning procedures and individual complaints — enable timely responses to escalating discrimination based on race, colour, descent, or national or ethnic origin, making it a practical tool for justice. Its 50+ years of impact highlights its role in shaping anti-discrimination laws worldwide. 

Is Ethiopia party to ICERD? 

Ethiopia ratified ICERD on 23 June 1976 without reservations, signaling its commitment to eliminating discrimination based on race, colour, descent, or national or ethnic origin. Article 25 of Ethiopia’s Constitution, echoes ICERD’s non-discrimination principle. 

Ethiopia’s last report to CERD was reviewed in 2009. CERD commended Ethiopia’s efforts to promote ethnic diversity but raised concerns about inter-ethnic tensions and underscored the need for stronger legal protections against discrimination. CERD urged Ethiopia to enhance data collection on discrimination cases and ensure accountability for violations.  

Challenges like ethnic-based incitement, tensions, and violence underscore the need to enhance robust implementation of ICERD. CERD’s GRs provide a roadmap for addressing issues like ethnic tensions noted in CERD’s 2009 review.   

How can human rights actors engage with ICERD? 

National human rights institutions, Civil society organizations and human rights defenders play a critical role in advancing ICERD. They could: 

• Submit alternative reports: Provide alternative perspectives to CERD during State reviews. 

• Raise awareness: Educate and sensitise communities about ICERD, its protection and reporting mechanisms, as well as other engagement with the CERD. 

• Monitor compliance: Track State action and advocate for reforms especially to eliminate systemic discrimination based on race, colour, descent, or national or ethnic origin. 

• Support victims: Assist individuals in filing complaints under the individual communications procedure. 

Engagement strengthens accountability and ensures ICERD’s principles translate into tangible change.