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The Guide/ Section 2 — Core International Human Rights Instruments/ 2.5 Convention on the Elimination of All Forms of Racial Discrimination

2.5 Convention on the Elimination of All Forms of Racial Discrimination

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The bridge at a glance

International standards

CERD

The Guide

What it sets out

  1. 01Summary of the ICERD

Domestic law

Constitution

The purpose of the Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is to promote the fundamental rights of all citizens of the State Party irrespective of their race, colour, sex, national origin, language or religion. The Constitution of Pakistan guarantees fundamental rights to its citizens, provided irrespective of their race, religion, caste, sex, residence or place of birth. The Convention also requires accurate statistics of the marginalized communities, this extends to evaluation of appropriate data relating to minority ethnic groups including consultation on, and implementation of, comprehensive monitoring guidance. Pakistan ratified this Convention in September 1966.

ARTICLECONTENT
Article 1Definition of racial discrimination
Article 2State Party obligations (legislation and otherwise)
Article 3State Parties to condemn racial segregation and apartheid
Article 4State Parties to condemn and penalize dissemination of racial propaganda (also, incitement to hatred and violence)
Article 5Equality and non-discrimination
Article 6Effective protection and remedies
Article 7Immediate and effective measures to combat racial prejudice (particularly in education)
Article 8-16Establishment of Committee on the Elimination of Racial Discrimination, mechanism for implementation of ICERD, submission of initial and periodic reports.
Article 17-25Provisions on specific operation of the ICERD (ratification, accession, denunciation, inter-state disputes and languages in which the Convention is authentic)
Figure 2.7 – Summary of the ICERD

In order to monitor implementation of the ICERD, the Convention created the Committee on the Elimination of All Forms of Racial Discrimination (CERD), the treaty-body mandated with monitoring State Party implementation of the Convention. Like the other treaty bodies, the CERD comprises independent experts responsible for monitoring progress under the ICERD through compliance reports submitted by States Parties.

The Committee on the Elimination of Racial Discrimination (CERD) may, under certain conditions, receive and consider individual complaints alleging violations of the rights enlisted within the Convention. Pakistan, however, has not recognized the competence of the Committee to do so. State Parties that have made the requisite declaration under Article 14 of the Convention recognize the competence of the Committee to receive and consider individual communications. While Pakistan has not recognized the competence of the CERD to receive and consider individual communications, it has established a domestic helpline service for complaints regarding human rights violations.

Several Federal and Provincial institutions play an important role in protection against racial discrimination guaranteed under the Convention. Of particular relevance are the following:

  • Ministry of Inter-Provincial Coordination;
  • Women Development Departments in all the provinces;
  • Inspector Generals of Prisons in all the provinces;
  • Inter Provincial Coordination Departments in all the provinces.