Of The International Convention On The Elimination Of All Forms Of Racial Discrimination

Original Language Title: o Mezinárodní úmluvě o odstranění všech forem rasové diskriminace

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=32778&nr=95~2F1974~20Sb.&ft=txt

95/1974 Sb.



DECREE



Minister of Foreign Affairs



of 15 November 2004. August 1974



of the International Convention on the Elimination of all forms of racial discrimination



Resolution of the General Assembly of the United Nations of 21 November 2002.

December 1965 was adopted the International Convention on the Elimination of all forms of

of racial discrimination.



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

New York 7 September. March 1966. With the Convention have expressed their consent of the National

the Assembly of the Czechoslovak Socialist Republic and the president of the

the Republic ratified it, subject to its articles 17 and 22.

The ratification instrument was deposited with the Secretary-General of the organisation

the United Nations, depositáře to the Convention, on 29. December 1966.



Convention entered into force pursuant to its article 19, on 4 December 2004. January

1969 and that date has entered into force and also for the Czechoslovak

Socialist Republic of Vietnam.



Czech translation of the Convention shall be published at the same time.



First Deputy Minister of:



V.r. Krajčír



The International Convention



on the Elimination of all forms of racial discrimination



States that are parties to this Convention,



considering that the Charter of the United Nations is based on the

the principles of dignity and equality of all people and that all Member States

are committed to implementing in cooperation with the Organization as common and

individual action in order to achieve one of the objectives of the Organization

the United Nations, which is to support and strengthen the general respect for human

rights and fundamental freedoms for all, without distinction of race, sex,

language, or religion, and their conservation,



considering that the Universal Declaration of human rights declares that

all people are born free and equal in dignity and rights and

that everyone has to have all the rights and freedoms that are declared,

without distinction of any kind, such as race, color, or

national origin,



Bearing in mind that all people are equal before the law and have

the right 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 the segregation and discriminatory practice, which is accompanied by either

There are, in any form, anywhere, and that the Declaration on the granting of

independence of colonial countries and peoples of 14 December. December 1960

(General Assembly resolution 1514 [XV]) confirmed and inaugurated

She said the need as soon as possible and unconditionally to end with them,



considering that the United Nations Declaration on the Elimination of

of all forms of racial discrimination of 20 November 2003. November 1963 (resolution

General Assembly resolution 1904 [XVIII]) solemnly affirms that it is necessary to

to quickly remove all over the world racial discrimination in all its

forms and manifestations and to ensure understanding of the dignity of the human

personality and respect for her,



convinced that any doctrine of superiority based on racial

differentiation is scientifically false, morally contemptible,

socially unjust and dangerous, and that racial discrimination in the theory

or practice, whether it occurs anywhere, there is no ospraveditelná,



Reaffirming that discrimination between people based on race, colour

or national origin is an obstacle to friendly and peaceful relations

among the Nations and threatens the peace and security among Nations, as well as the harmonic

the coexistence of people and even the same State



convinced that the existence of racial dams is incompatible with the ideals of

any human society,



concerned about manifestations of racial discrimination, to which still happen

in some areas of the world, and the policy of the Government based on racial

the superiority and hatred, such as apartheid, segregation and separation,



determined to take all necessary measures for the speedy elimination of

racial discrimination in all its forms and manifestations, to prevent

the spread of racist teachings and practices and combat, to promote

understanding understanding among races and built the international community

free of all forms of racial segregation and racial discrimination,



Bearing in mind the Convention concerning discrimination in occupation and employment, adopted by the

The International Labour Organization in 1958, and the Convention on the fight against

discrimination in education, adopted by the United Nations

Educational, scientific and Cultural Organization in 1960,



Desiring to implement the principles enshrined in the Declaration of the United

Nations on the Elimination of all forms of racial discrimination and ensure the

the fastest adoption of practical measures to this end,



agree with this:



PART I



Article 1



1. the term "racial discrimination" in this Convention means any

distinction, exclusion or restriction of or preferential treatment based on race,

colour, family or national or ethnic origin, which

the aim or effect of which is to deny or restrict the recognition, use or

the implementation of human rights and fundamental freedoms on a basis of equality in the

the political, economic, social, cultural or any other

the field of public life.



2. this Convention does not apply to the distinction, exclusion or restriction of or

preferential treatment carried out by a State which is a party to this Convention,

own and foreign citizens.



3. Nothing in this Convention shall not be construed so as to

touched in any way by the legislation of the Contracting States

nationality, citizenship or naturalization, provided that such provisions

do not discriminate against any nationality.



4. racial discrimination are not treated as special measures taken by the

solely to ensure the appropriate development of certain racial or

ethnic groups or individuals who need such protection, which

It may be necessary to enable them to guarantee the equal enjoyment or exercise of the

human rights and fundamental freedoms, unless such measures do not lead to

maintaining the different rights for different racial groups and, if they are not maintained

in force for the achievement of the objectives for which it was adopted.



Article 2



1. States parties condemn racial discrimination and undertake to be

to carry out, without delay, and to take all appropriate steps aimed at policy

Elimination of racial discrimination in all its forms and to the development of

understanding among all races. To this end:



and) each Contracting State undertakes that it shall not make a racial

discrimination against persons, groups of persons or institutions and to ensure

to ensure that all public authorities and institutions, both national and local, act in

accordance with this commitment;



(b)), each State party undertakes not to encourage, defend or

support racial discrimination by any person or

organisations;



(c) each Contracting State shall take) effective measures to review national

and local government policies, and to amend or repeal all laws and

regulations that have resulted in the creation or preservation of racial

discrimination, wherever it exists;



(d) each Contracting State) disables and removes all appropriate means,

including legislative measures, racial discrimination carried out by

any person, group or organization;



e) each State party undertakes to encourage, where appropriate,

integration vícerasové organizations and movements and other measures for the Elimination of

barriers between races, and to act against anything that is directed to the strengthening of

racial dams.



2. If the circumstances so require, the Contracting States to the Special

measures in the social, economic, cultural and other areas

to ensure adequate development and protection of racial groups or their

Members, to guarantee the full and equal enjoyment of human rights and

fundamental freedoms. These measures do not in any way be considered

result in the preservation of the diversity of rights or different racial

groups after achieving the purpose for which it was adopted.



Article 3



States parties particularly condemn racial segregation and apartheid and undertake to

the areas under their responsibility to prevent, prohibit and

eradicate all practices of this nature.



Article 4



States parties condemn all propaganda and all organizations which

they are based on ideas or theories of superiority of one race

or group of persons of one colour or ethnic origin, or which

try to justify or encourage any form of racial

hate and discrimination, and undertake to adopt immediate and

positive action to eradicate any incitement to racial

discrimination or acts of racial discrimination, and to this end, with the

due regard to the principles enshrined in the Universal Declaration of human

rights and the rights expressly set out in article 5 of this Convention, undertake to

in particular:



and for the acts of a criminal) to declare by law: any dissemination of ideas

based on racial superiority or hatred, any 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

skin colour or ethnic origin, as well as the provision of any support

racist activities, including the financing thereof;



(b) declare illegal organizations), as well as organised and

any other propaganda activity supporting and encouraging


racial discrimination and to declare their participation in such organizations or on the

such activities as criminal under the law;



(c) not to allow national or local) public authorities or institutions

to promote or incite racial discrimination.



Article 5



In compliance with the basic obligations embodied in article 2 of this Convention

in order to bind the Contracting States that prohibit and removes the racial

discrimination in all its forms and to guarantee the right of everyone to the

equality before the law without distinction based on race, colour,

national or ethnic origin, especially when the use of these

rights:



and) rights to equal treatment before the courts and before all other authorities,

that exercise of the judiciary,



(b)) the right to personal security and protection by the State against violence and injury to

health, whether they are caused by government officials or by any person,

group or institution,



c) political rights, notably the right to participate in elections-to vote and to be

stand-on the basis of universal and equal suffrage, the right to participate

in Government, as well as to participate in the management of public affairs at all

degrees, and the right of entry on equal terms to public services,



d) other civil rights, in particular:



I) right of freedom of movement and choice of residence within the borders of the State



(ii)) the right to leave any country, including his own, and to return to his

country,



(iii) the right to nationality),



IV) right to marry and choose a spouse,



in each own property rights) alone as with other,



vi) rights to acquire heritage,



VII) the rights to freedom of thought, conscience and religion,



VIII) right to freedom of opinion and expression,



IX) right to freedom of Assembly and Association,



e) economic, social and cultural rights, in particular:



I) 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 and to just and favourable remuneration for

work,



II) of law establish trade union organisations and become a member of them,



III) the right to housing,



IV) right to health protection, medical care, social security and

social services,



in) the right to education and training,



vi) right to equal participation in cultural events,



f) right of access to all places and services intended for the use of all

for the public, such as transport, hotels, restaurants,

cafes, theatres and parks.



Article 6



The Contracting States shall ensure, through the competent national courts

and other government agencies all persons under their jurisdiction

effective protection against all acts of racial discrimination, which conflict with the

This Convention are in breach of their human rights and fundamental freedoms, as well as

the right to apply for these judges fair and reasonable compensation for the

any damage you have suffered as a result of such discrimination.



Article 7



The Contracting States undertake to take urgent measures, in particular in the

the field of teaching, education, culture and information to combat

prejudices that lead to racial discrimination, and to promote

understanding, tolerance and friendship among Nations and racial or

ethnic groups, as well as for the popularization of the objectives and principles of the Charter of the

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.



PART II



Article 8



1. will set up the Committee for the Elimination of racial discrimination (hereinafter referred to as

The Committee) that will be composed of 18 experts, known for its high

the moral qualities and impartiality, to be elected by the

States of their citizens and will carry out this function as an individual

persons, taking into account the equitable geographical distribution of seats

and on the representation of different forms of civilization and the principal legal

systems.



2. members of the Committee shall be elected by secret ballot from among the candidates listed

in the list of persons nominated by Contracting States. Any Contracting State may

appoint one person from among its citizens.



3. the First election shall be held six months after this Convention enters

force. The Secretary-General of the United Nations shall invite the Contracting

States not later than three months prior to each election to within two months

indicated to the candidates. The Secretary General shall prepare an alphabetical list

all these suggested people with an indication of the States parties, which have been

designed, and forward it to the Contracting States.



4. Election of the members of the Committee will be held at the meeting of the States parties, which

the Secretary General shall convene to the headquarters of the United Nations. On this

meeting at which a quorum will consist of two-thirds of the Contracting States,

will be elected as members of the Committee those candidates who receive the greatest number of

votes and an absolute majority of the votes of the representatives present and voting

of the Contracting States.



5.



and members of the Committee to be elected) to a four-year period. The election period

nine of the members elected at the first election shall expire, however, for two years.

The names of these nine members shall be drawn by the Chairman of the Committee immediately after the

the first direct elections.



(b)) That was occupied by the uprázdněná space, shall be appointed by the Contracting State whose

expert member of the Committee has ceased to perform the function, another expert from among its

subject to the approval of the citizens Committee.



6. the Contracting States shall meet the expenses of members of the Committee related to the performance of their

function.



Article 9



1. The Contracting States undertake that in Committee will submit to the

the Secretary-General of the United Nations a report on the

legislative, judicial, administrative or other measures that

have made to implement the provisions of this Convention:



and) a year after this Convention enters into force for the State,



(b)) every two years, and in addition, whenever the Committee so requests.



The Committee may request from States parties further information.



2. the Committee will submit to the General Assembly through the

the Secretary-General of the report on its activities and may make suggestions and

General recommendations on the basis of the reports and information received from the

of the Contracting States. Such suggestions and general recommendations shall be submitted

To the General Assembly together with any comments of the Contracting States.



Article 10



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 Secretary-General of the United Nations will establish a secretariat

Of the Committee.



4. the Committee shall normally be held at the headquarters of the United

Nations.



Article 11



1. If a Contracting State considers that the other Contracting State

does not perform the provisions of this Convention, it may at the attention of the Committee. The Committee then

This communication shall be sent to the competent Contracting State. State to which it was

communication is sent, it shall submit a written explanation within three months or

Declaration and inform about any remedy.



2. If the matter is not settled to the satisfaction of both parties to the

six months from the date on which the State received the first communication, either

bilateral negotiations or by any other appropriate means, it will have each of the

States may refer the question to the Committee again, by at the same time it shall inform the

The Committee and the other State.



3. the Committee will deal with the things that have been submitted in accordance with paragraph

2 of this article, then, when he found out that in the present case have been used

and exhausted all available domestic remedies, in

accordance with generally recognised principles of international law. However, this does not apply

in the case where the provisions unjustifiably drawn out procedure.



4. In any matter brought before it, the Committee may ask the

the Contracting States to received any other information

regarding this matter.



5. If the Committee is a matter arising under this article shall have the

the Contracting States the right to determine their representative who is without

the right to vote will participate in the discussion of this question.



Article 12



1.



and Once the Committee has received and) compared all the information it deems necessary

necessary, the President shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission)

consisting of five persons who may, but need not be members of the Committee. Her

Members will be appointed with the unanimous consent of the parties in the

the dispute. The Commission will provide States interested, its good

services for the peaceful settlement of the dispute, which will be based on compliance with

of this Convention.



(b)) if the States which are parties to the dispute agree, within three

months on the composition of the Commission, its members, about which these States

agree, elected from among the members of the Committee by a two thirds majority in secret

the vote.



2. the members of the Commission shall exercise its function as an individual person.

They may not be nationals of a State which is a party to the dispute, nor the State,

which is not a Contracting Party to this Convention.



3. the Commission shall elect its Chairman and adopt its rules of procedure.



4. the Commission shall meet as a rule in the United Nations Headquarters or at the

another suitable place it designates.



5. the secretariat established under article 10 paragraph 3, this Convention shall be

each Commission Act, resulting from the manner in

as a result of a dispute between Contracting States.



6. all costs of the members of the Commission will be evenly distributed among the States,


which are parties to the dispute, on the basis of the estimate made by the

Secretary.



7. The Secretary-General, if necessary, will be empowered to pay the expenses

members of the Commission even before it will pay the States which are parties to the

the dispute, in accordance with paragraph 6 of this article.



8. the information that the Committee has received and reviewed, the Commission will

available. The Commission may request the States to submit any further

information relating to the matter before it.



Article 13



1. the Commission, after a full assessment of the matter and submit to the President shall prepare a

The Committee of its report with the conclusions about all of the factual issues relating to

the dispute and with the recommendations that the Commission considers appropriate to

the achievement of a peaceful settlement of the dispute.



2. the Chairman of the Committee, the Commission shall submit a report to each of the States which are

the parties in dispute. These States shall notify the Chairman of the Committee within three

months, whether the recommendations contained in the report of the Commission.



3. after the expiry of the period referred to in paragraph 2 of this article, the Chairman shall send the

The Committee of the other Contracting States of this Convention, together with the report of the Commission

the declarations of States, which are parties to the dispute.



Article 14



1. A Contracting State may at any time declare that it recognizes the competence of the Committee

for the reception and consideration of communication of individual people or groups of people

subject to the jurisdiction of that State, which complain that they have become

a victim of a violation of any of the rights proclaimed in the Convention. The Committee of the

does not accept a communication relating to a Contracting State that has not made such a

statement.



2. any Contracting State which makes a declaration in accordance with paragraph 1 of this

Article may create or specify in the framework of their national legal systems the authority

empowered to receive and consider petitions of individuals and

groups of persons subject to its jurisdiction, which complain that the

victims of violations of any of the rights proclaimed in the Convention, and

have exhausted other available national remedies.



3. a declaration made pursuant to paragraph 1 of this article, along with the name

the institution created or designated in accordance with paragraph 2 of this article, saves the

a Contracting State with the Secretary-General of the United Nations, and the

It shall send a copy of it to the other Contracting States. The statement may be at any time

withdrawn by notification addressed to the Secretary-General. The appeal is

does not apply to communications, the Committee has received.



4. Authority established or designated in accordance with paragraph 2 of this article

to maintain a register of petitions. Certified copies of the register shall be

stored with the Secretary-General, taking their content will not be

published annually.



5. In the case that the complainant does not receive compensation from the authority

created or designated in accordance with paragraph 2 of this article, has the right to

contact within six months with this issue to the Committee.



6.



and in respect of each complaint) shall inform the State party, the Committee confidential way, that

allegedly violated any of the provisions of this Convention; but shall not include

the identity of the person or group of people without their express

consent. The Committee does not accept anonymous complaints.



(b)), within three months the State shall submit to the Committee written explanations or

a statement clarifying the matter and the information about the possible remedy.



7.



the Committee examines the complaint and) having regard to all the information that had been

submitted to the Contracting State concerned and the complainant. The Committee will not deal with

communication to the complainant until the applicant has exhausted all

achievable national remedies. This policy does not apply in

the case that corrective management unjustifiably drawn out.



(b)), to send any suggestions and recommendations the Committee shall send the Contracting

State and to the complainant.



8. the Committee shall include in its annual report a summary of such communications and

If appropriate, also the contents of the explanations and the opinions of the Contracting States,

as well as their own proposals and recommendations.



9. the Committee is authorized to perform the functions listed in this article only

then, if the declarations referred to in paragraph 1 of this article shall be bound

at least ten States parties to this Convention.



Article 15



1. Up to achieve the objectives of the Declaration on the granting of independence to Colonial

countries and peoples, contained in General Assembly resolution 1514 (XV) of the

on 14 December 1960, the provisions of this Convention shall not in any way

restrict the right of petition guaranteed by these peoples by other international

documents or by the United Nations and its international

expert organisations.



2.



and the Committee, created by) paragraph 1 of article 8 of this Convention, it receives from the

the organs of the United Nations which deal with matters having

directly related to the principles and objectives of this Convention, copies of the petitions and presented them

their views and recommendations in the case of these petitions, Petitions, when assessing the

that come from the population and territory of the nesamosprávných or poručenských

other territories covered by General Assembly resolution 1514

(XV), and relate to matters governed by this Convention and submitted these

authorities.



(b)), the Committee shall receive from the competent authorities of the United Nations copies of the

reports on the legislative, judicial, administrative or other measures that

have a direct relationship to the principles and objectives of this Convention and which are carried out

administrative powers within the Territories mentioned under point a) of this paragraph,

and will convey their views and recommendations to these authorities.



3. the Committee shall include in its report to the General Assembly a brief overview of

Petitions and reports it has received from the authorities of the United

Nations, as well as the opinions and recommendations of the Committee regarding these petitions and

messages.



4. the Committee requests the Secretary-General of the United Nations

all of the information available to him, which are related to the objectives of this Convention and

concerning the Territories mentioned in paragraph 2 of this article.)



Article 16



The provisions of this Convention, on measures to be taken for the settlement of

disputes or to respond to complaints, are without prejudice to other forms of solution

disputes or complaints in the field of discrimination laid down in

the basic documents or treaties of the United Nations and

its specialized agencies, and shall not prevent the Contracting States use other

the path to a settlement of the dispute, in accordance with the General or specific

the international treaties to which they are bound.



PART III



Article 17



1. this Convention is open to the depreciation of all States that are members of the

The United Nations, any of its international expertise

organizations, all States that are parties to the Statute of the international

the Court of Justice and of any other State, that was by the General

the Assembly invited the United Nations to become a party to the

of this Convention.



2. this Convention is subject to ratification. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



Article 18



1. this Convention shall be open to all States referred to in paragraph 1

Article 17 of the Convention.



2. Instruments of accession shall be deposited with the Secretary-General of the Organization of the

of the United Nations.



Article 19



1. this Convention shall enter into force on the thirtieth day after the deposit of the 20th

the seventh instrument of ratification or instrument of accession with the General

Secretary-General of the United Nations.



2. for each State which ratifies the Convention or accedes thereto after the

deposit of the 20th instrument of ratification of the seventh instrument of accession,

Convention enters into force on the thirtieth day after the deposit of its instrument of ratification

instrument or instrument of accession.



Article 20



1. If any one take when ratifying or when you access

a reservation to any of the articles of this Convention, the Secretary-General of the

The United Nations shall communicate the text of the reservation to all States which are

or which may become Contracting Parties to this Convention. Any

State which has objections to reservations, shall notify the Secretary-General

within a period of 90 days from the date of the communication, that a reservation

does not accept.



2. A reservation incompatible with the object and purpose of this Convention,

are not permitted. It is also not permissible reservation, which could, in

the consequences of the activities of any of the authorities prevented the created by the Convention. For

inadmissible or to prevent such activity, will be treated as

the reservation, said that the opposition of at least two-thirds of the States parties

of this Convention.



3. Reservations may be withdrawn at any time, a written communication to the

the Secretary-General. The communication shall enter into force on the date on which the Secretary-General

He received.



Article 21



Any State may denounce this Convention by written communication addressed to the

the Secretary-General of the United Nations. The denunciation shall take

into force one year after the date on which the Secretary-General receives the notice.



Article 22



Any dispute arising between two or more Contracting States concerning the interpretation or

application of this Convention which is not settled by negotiation or based on

the procedure expressly provided for in this Convention shall, at the request of either

Parties in a dispute submitted to the decision of the International Court of Justice,

If the parties do not agree to another method of solution.



Article 23



1. each State party may at any time request the revision of this Convention


written communication addressed to the Secretary-General of the United

Nations.



2. the measures to be adopted on the basis of such a request,

If at all, will decide the General Assembly of the United Nations.



Article 24



The Secretary-General of the United Nations shall inform all States

referred to in paragraph 1 of article 17 of this Convention:



and) of signatures of this Convention, ratifications and approaches under articles 17 and

18;



(b)) of the date when this Convention enters into force in accordance with article 19;



(c) communications and declarations), received in accordance with articles 14, 20 and 23;



(d) communications of the dismissal), which it receives under article 21.



Article 25



1. this Convention, of which the Chinese, English, French, Russian and

the Spanish are equally authentic, shall be deposited in the archives of the Organization

of the United Nations.



2. the Secretary-General of the United Nations shall send a certified fingerprint

of this Convention to all States belonging to any of the categories referred to in

paragraph 1 of article 17 of the Convention.



In witness whereof the undersigned, duly authorised thereto by their respective Governments,

have signed this Convention, opened for signature in New York on the 7th

March of the year one thousand the 60th devítistého of the sixth.