The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts established under the International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) to monitor the implementation of the Convention. The Convention itself defines ‘racial discrimination’ and seeks to eliminate racial discrimination in all areas of life, including in the enjoyment of political rights, such as the right to vote, civil rights, such as freedom of movement and the right to nationality, as well as economic, social and cultural rights, such as rights at work and in housing, health care and education. The States parties that have ratified the Convention undertake to eliminate racial discrimination through all appropriate means, including by prohibiting racial discrimination through legislation, whether the discrimination was caused by the State itself or by any person, group or organization.
The States parties to the Convention elect the independent experts of CERD, who are mandated to review implementation of the treaty and make recommendations.
- The first procedure is the reporting procedure. Each State party must prepare reports detailing steps it has taken to implement the Convention. CERD reviews those reports, as well as alternative reports provided from other sources such as civil society, national human rights institutions and UN partners. CERD has a six hour dialogue with the State, on the basis of which it sets out a series of concluding observations and recommendations to help the States improve implementation.
- Next, there is the communications procedure. CERD also receives petitions from individuals who claim that their rights under the Convention have been violated. CERD, after assessing the submissions of the complainant and the State party, provides its views on whether a violation has occurred or not and recommends a remedy in the case of a violation.
- In addition, CERD adopts general recommendations. General recommendations are documents providing detailed global-level analysis of specific thematic issues related to the treaty in question which seek to improve implementation by clarifying treaty obligations.
- Finally, CERD has an early warning and urgent action procedure. CERD receives information from reliable sources demonstrating either a risk of racial discrimination or evidence that such discrimination is occurring and CERD will engage in a dialogue with the State in question to prevent or stop that discrimination.