In 1965, there was great civil unrest in various parts of the world, including the US where there were protests in opposition to the Vietnam War and the US civil rights movement. — Filepic
IN 1965, there was great civil unrest in various parts of the world.
At the time, the civil rights movement in the United States had just seen the passing of the Civil Rights Act, apartheid was at its height in South Africa, and many countries especially on the African continent were working towards independence from colonialism.
It was against this global backdrop that the International Convention on the Elimination of All Forms of Racial Discri-mination (Icerd) was born.
Icerd aimed to promote equality and combat racial prejudice by obligating states to eliminate all forms of racial discrimination and promote understanding among all races.
According to the United Nations Human Rights Office, a key feature of the convention is for states to “act in the areas of teaching, education, culture, and information to combat prejudice and promote understanding, tolerance, and friendship among nations and racial or ethnic groups”.
The term “racial discrimination” is also defined under the convention as “any distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect or 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”.
As of September 2024, 182 countries are party to the convention, as listed in the UN Treaty Collection.
This means that these countries have committed to the convention’s principles and agreed to periodic scrutiny by the UN’s Committee on the Elimination of Racial Discrimination.
Meanwhile, the Refugee Convention came about even earlier than Icerd, established in 1951 due to the devastation of World War II and the urgent need to provide protection to the millions displaced across Europe as a result of the war.
According to the UN High Commissioner for Refugees, the cornerstone of this convention is the principle of “non-refoulement”, meaning that no refugee should be returned to a country where they face serious threats to their life or freedom.
The convention, which currently has 146 state parties, also provides an internationally-recognised definition of a refugee, as well as what legal protections, rights, and assistance they are entitled to receive.
Among the rights contained in the convention are the right not to be expelled except under certain strictly defined conditions, the right not to be punished for irregular entry into the territory of a contracting state, the right to nondiscrimination, the right to decent work, the right to education, and the right to access to justice.
The convention also states that refugees are required to abide by the laws and regulations of their country of asylum and respect measures taken for the maintenance of public order.
It also specifies that the convention only applies to those who meet the criteria for refugee status.
