ICERD

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

Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965. Entry into force 4 January 1969, in accordance with article 19. With regard to migrant workers: see article 5.

Status of ratification, reservations and declarations

The implementation of the International Convention on the Elimination of All Forms of Racial Discrimination by its State parties is monitored by the Committee on the Elimination of Racial Discrimination (CERD)

CERD conclusions deal first with growing racism and intolerance of host populations towards foreigners and it recommends that States adopt various measures and criminalize violence. Secondly, the Committee focuses on the enjoyment of the rights set forth by the Convention by foreigners, with increasing attention to the specific case of migrant workers, and especially on the right to security of person under Article 5b of CERD and economic, social and cultural rights under Article 5e. According to the Committee, discrimination against migrants is noted in the areas of education; employment and housing; access to public services; land property; social security benefits. The Committee affirms that migrant workers should enjoy the same labour protection, equality before the law and equality in the exercise of the rights and freedoms as national workers. For further information see The UN Treaty Monitoring Bodies and Migrants Workers: a Samizdat.

Main CERD’s General Comments concerning migrants:

• CERD General Recommendation N. 30 (2004), Discrimination Against Non Citizens, clarifies general principles of the Convention that States Parties have to respect in regards of non-citizens, dealing in particular with issues of protection against hate speech and racial violence, access to citizenship, administration of justice, expulsion and deportation of noncitizens, economic, social and cultural rights. It recommends also that States Parties adopt a set of measures to “Ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens are not subjected to racial or ethnic profiling or stereotyping.”

Documents and links:

- Fact Sheet No.12, The Committee on the Elimination of Racial Discrimination

- Anti-Racism Information Service (ARIS)

- GADEM:

EN: Note for the Committee on the Elimination of Racial Discrimination in light of the 17th and 18th reports submitted by Morocco

FR: Note àl'intention du Comité de lutte contre les discriminations raciales en vue de l'examen des 17ème et 18ème rapports présentés par le Maroc