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DiscriminationLAW ON THE RATIFICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
Law No. 4750
Acceptance Date : 3.4.2002
Official Gazette Date: 9.04.2002
ARTICLE 1.- The ratification of the "International Convention on the Elimination of All Forms of Racial Discrimination" signed in New York on October 13, 1972 is hereby ratified by making the accompanying declarations and reservations.
ARTICLE 2.- This Law shall enter into force on the date of its publication.
ARTICLE 3.- The provisions of this Law shall be executed by the Council of Ministers.
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
Adopted and opened for signature and ratification pursuant to UN General Assembly resolution 2106 (XX) of December 21, 1965.
In accordance with Article 9, it entered into force on January 4, 1969.
States Parties to the Convention,
Bearing in mind that the Charter of the United Nations is based on the principles of the dignity and equality of all human beings and that all Member States undertake, jointly or separately, in cooperation with the Organization, to work towards the promotion and encouragement of one of the purposes of the United Nations, namely, the respect for universal human rights and fundamental freedoms of all persons without distinction as to race, sex, language or religion,
Considering that the Universal Declaration of Human Rights declares that all human beings are born free and equal in dignity and rights and that everyone is entitled to the rights and freedoms enshrined therein, without distinction of any kind and in particular without distinction of race, color or national origin,
Recognizing that everyone is equal before the law and is entitled to equal protection of the law against any discrimination or incitement to discrimination,
Bearing in mind that the United Nations condemns colonialism and all related racist and discriminatory practices, in whatever form and wherever they occur, and that the Declaration of 14 December 1960 on the Granting of Independence to Colonized Countries and Peoples (General Assembly resolution 1514 (XV)) reaffirmed and solemnly proclaimed the need for the prompt and unconditional cessation of such practices,
Bearing in mind that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly reaffirms the need for the prompt elimination of all forms and manifestations of racial discrimination and for the respect for human dignity throughout the world
Believing that any doctrine of superiority based on racial difference is scientifically false, ethically reprehensible, socially unjust and dangerous, and that there is no excuse for racial discrimination anywhere, in theory or in practice,
Reaffirming that discrimination among peoples on the grounds of race, color and ethnic origin constitutes an obstacle to the development of peaceful and friendly relations among nations and can disrupt peace and security and the harmony of peoples living together in one and the same State
Believing that the existence of racial barriers is contrary to the ideals of every human society,
Concerned about government policies based on racial superiority or racial hostility, such as racial discrimination and apartheid, segregation or segregation policies that still exist in some parts of the world,
Determined to take all necessary measures to rapidly eliminate all forms and manifestations of racial discrimination, to prevent and combat all racist teachings and practices, with a view to promoting understanding between races and to building an international community free from all forms of racial exclusion and racial discrimination
Recalling the Convention on Employment and Occupational Discrimination adopted by the International Labour Organization in 1958 and the Convention against Discrimination in Education adopted by the United Nations Educational, Scientific and Cultural Organization in 1960,
Wishing to implement the principles enshrined in the UN Declaration on the Elimination of All Forms of Racial Discrimination and to ensure the adoption of practical measures to this end as soon as possible,
have agreed on the following points:
SECTION ONE
Article 1
1. In this Convention, the term "racial discrimination" means any distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise of human rights and fundamental freedoms in any field of political, economic, social, cultural or social life.
2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences between nationals and non-nationals of States Parties.
3. Nothing in the Convention shall be construed to affect the legal arrangements of States Parties to the Convention relating to nationality, citizenship and naturalization, provided that they do not discriminate against nationality of a particular country.
4. Special measures aimed at ensuring the proper development of particular racial or ethnic groups or individuals in need of special protection, solely for the purpose of ensuring their equal enjoyment of human rights and fundamental freedoms, shall not be regarded as racial discrimination, provided that such measures do not ultimately lead to the provision of separate rights for different racial groups and are not maintained after the measures have achieved their purpose.
Article 2
1. States Parties condemn racial discrimination and undertake to pursue, by all appropriate means and without delay, a policy of eliminating all forms of racial discrimination and promoting this understanding among all races, and to this end,
2. a) Each State Party undertakes not to engage in any act or practice of racial discrimination against individuals, groups of individuals or organizations and to ensure that all public authorities and public institutions, national or local, act in accordance with this obligation.
3. b) Each State Party undertakes not to patronize, advocate or support racial discrimination by any person or organization.
4. c) Each State Party shall take effective measures to review domestic national and governmental policies and to amend, repeal or nullify laws or regulations that create or perpetuate racial discrimination, wherever found.
5. d) Each State Party shall, by all appropriate means, including, where circumstances so require, legislative action, prohibit and eliminate racial discrimination by any individual, group or organization.
e) Each State Party undertakes to promote, as appropriate, organizations and movements for integration and other means of breaking down barriers between races, and to discourage anything that may strengthen racial division.
2. States Parties shall, when circumstances so require, take special and concrete measures in the social, economic, cultural and other fields to ensure the appropriate development and protection of certain racial groups and individuals belonging to them, with a view to guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures, once the purposes for which they were adopted have been realized, shall in no way result in unequal and separate rights for different racial groups.
Article 3
States Parties specifically condemn racial exclusion and apartheid and undertake to prevent, prohibit and eliminate all practices of this nature in the territories under their jurisdiction.
Article 4
States Parties condemn all propaganda and all organizations which are based on ideas or theories of the superiority of a race or of a group of persons of a particular colour or ethnic origin, or which in any way seek to justify or glorify racial hatred and discrimination, and undertake to take immediate and positive measures to eliminate such acts of discrimination and incitement to discrimination, and to this end shall, among other measures, respect the principles enshrined in the Universal Declaration of Human Rights and the rights expressly enumerated in article 5 of the present Covenant,
1. a) Declare as a crime punishable by law the dissemination of all ideas based on racial superiority or hatred, the promotion of racial discrimination, acts of violence against any race or group of persons of any other colour or ethnic origin, or the incitement to such acts, as well as the provision of any assistance to such acts, including the financing of racist acts.
2. b) Declare illegal and prohibit all organizations that promote or encourage racial discrimination, as well as all organized and other propaganda activities, and make participation in such organizations or activities a crime punishable by law.
c) They shall not permit local or national public institutions and authorities to promote or encourage racial discrimination.
Article 5
In conformity with the fundamental obligations enumerated in article 2 of the Convention, States Parties undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee to everyone, without distinction as to race, colour or national or ethnic origin, equality before the law, in particular in the enjoyment of the following rights
a) The right to equal treatment before courts and other judicial bodies
b) The right to security and state protection against violence or bodily harm by government agents or by any group or organization.
1. c) Political rights, in particular the right to participate in elections - to vote and be elected - on the basis of universal and equal suffrage, to take part in government and public administration at all levels, and to enter the public service on equal terms
2. d) Other civil rights, in particular:
3. i) Freedom of movement and right of residence within the territory of the State
4. ii) The right to leave any country, including one's own country, and to return to one's own country
iii) Right to nationality
1. iv) The right to marry and choose a spouse
2. v) Right to acquire sole or joint ownership
3. vi) Inheritance rights
vii) The right to freedom of thought, conscience and religion
viii) Right to freedom of opinion and expression
1. ix) Right to peaceful assembly and association
2. e) Economic, social and cultural rights, in particular:
3. i) Right to work, free choice of employment, fair and favorable working conditions, protection against unemployment, equal pay for equal work, fair and favorable remuneration
4. ii) The right to form and join trade unions
iii) Right to a dwelling
1. iv) Right to health, treatment, social security and social services
2. v) Right to education and vocational training
3. vi) The right to participate in cultural activities on equal terms
4. f) The right to use all public places and services such as transport, hotels, restaurants, coffee houses, theaters and parks.
Article 6
States Parties shall guarantee to all persons subject to their jurisdiction effective protection and remedies before competent national courts and other State institutions against all acts of racial discrimination which, contrary to the present Covenant, violate their human rights and fundamental freedoms, as well as the right of any person who may be aggrieved by such discrimination to seek from such courts fair and adequate redress or reparation for any harm suffered.
Article 7
States Parties undertake to take immediate and effective measures, in particular in the fields of education, training, culture and information, to combat prejudices leading to racial discrimination and to promote understanding and tolerance among nations and ethnic or racial groups, as well as to promote the purposes and principles of the Charter of 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 TWO
Article 8
1. The Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee) shall be composed of 18 experts recognized for their impartiality and high moral character, to be elected by the States Parties from among their nationals and to serve on an individual basis, taking into account equitable geographical distribution and representation of different forms of civilization, as well as the major legal systems.
2. The members of the Committee shall be elected by secret ballot from a list of candidates nominated by the States Parties. Each State Party may nominate one candidate from among its nationals.
3. The first election shall take place six months after the entry into force of the Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall send a letter inviting States Parties to submit their candidates within two months. The Secretary-General shall prepare and submit to the States Parties an alphabetical list of nominees, noting which States Parties have been identified.
4. The election of members of the Committee shall take place at a meeting of States Parties held at the United Nations headquarters at the invitation of the Secretary-General, at which the quorum shall be two-thirds of the States Parties, and at which the candidates receiving the highest number and absolute majority of the votes cast by the representatives of the States Parties present and voting shall be elected members.
5. a) Members of the Committee shall be elected for a term of four years. However, the term of office of the nine members elected at the first election, to be determined by lot by the Chairperson of the Committee immediately after the first election, shall expire at the end of two years.
6. b) To fill unexpected vacancies, the State Party of the expert whose membership of the Committee has expired shall appoint another expert from among its nationals, subject to the approval of the Committee.
7. States Parties shall bear the expenses of the members of the Committee for the period of their service on the Committee. (Amendment (see General Assembly resolution 47/11, 16 December 1992) Status of ratification)
Article 9
1. States Parties undertake to report to the Secretary-General of the United Nations, for consideration by the Committee, on legislative, judicial, administrative and other measures taken by them which are relevant to the provisions of the present Convention:
2. a) within one year of the entry into force of the Convention for the State concerned; and
3. b) Thereafter, every two years and as the Committee requests, the Committee may request additional information from States Parties.
4. The Committee shall report annually, through the Secretary-General, to the General Assembly of the United Nations on its activities and may make proposals and general recommendations based on an examination of the information received from States Parties. The Committee shall submit these proposals and general recommendations, together with any observations that may be made by member States, to the General Assembly.
Article 10
1. The Committee adopts its own statutes.
2. The Committee shall elect its Bureau for a term of two years.
3. The secretariat of the Committee shall be provided by the Secretary-General of the United Nations.
4. The Committee shall normally hold its meetings at United Nations Headquarters.
Article 11
1. If a State Party considers that another State Party is not implementing the provisions of the present Covenant, it may bring the matter to the attention of the Committee. The Committee shall transmit the communication to the State Party concerned. Within three months, the addressee State shall submit to the Committee a written statement or declaration explaining the matter and any measures, if any, that may have been taken by that State to remedy the situation.
2. If, within six months of receipt of the initial communication by the addressee State, the matter has not been resolved by bilateral negotiations or by any other means to the satisfaction of the two States Parties, both States shall have the right to resubmit the matter to the Committee, informing the Committee and the other State concerned.
3. The Committee may examine a matter submitted to it under paragraph 2 of this article only after it is satisfied that all domestic remedies have been exhausted or exhausted in accordance with generally recognized principles of international law. This rule shall not apply if the procedure relating to the communication exceeds a reasonable period of time.
4. The Committee may request additional information from the State Party concerned on any matter submitted to it.
5. When the Committee is examining a matter under this article, the States Parties concerned shall have the right to designate a representative who shall participate in the work of the Committee without the right to vote during its deliberations.
Article 12
1. a) After collecting and classifying such information as it considers necessary, the Committee shall appoint an ad-hoc Conciliation Commission (hereinafter referred to as the Commission) composed of five persons who may or may not be members of the Committee. The members of the Commission shall be appointed by consensus of the States Parties to the problem and the Commission shall submit its conciliation work to the States concerned with a view to finding an amicable solution to the problem on the basis of respect for this Convention.
2. b) If within three months the States Parties to the conflict fail to agree on all or part of the composition of the Commission, the members of the Commission on which the States Parties to the conflict have not agreed shall be elected by the members of the Committee by secret ballot and by a two-thirds majority.
3. Members of the Commission shall serve in their personal capacity. They may not be nationals of a State Party to the problem or of a State not party to the present Covenant.
4. The Commission shall elect its chairperson and adopt its own rules of procedure.
5. The Commission shall normally hold its meetings at United Nations Headquarters or at such other convenient place as the Commission may determine.
6. The Secretariat provided for in article 10, paragraph 3, of the present Covenant shall also serve the Commission whenever a problem between States Parties requires the establishment of a Commission.
7. The expenses of the members of the Commission shall be shared equally among the States Parties to the problem on the basis of an estimate to be established by the Secretary-General of the United Nations.
8. The Secretary-General shall be authorized, if necessary, to pay the expenses of the members of the Commission before the States Parties to the problem make the payment required by paragraph six of this article.
9. The information collected and classified by the Committee shall be transmitted to the Commission, which may request all necessary additional information from the States Parties concerned.
Article 13
1. After examining the matter in all its aspects, the Commission shall prepare and submit to the Chairperson of the Committee a report containing its findings on all the facts relating to the dispute between the parties and recommendations for an amicable settlement of the dispute.
2. The Chairperson of the Committee shall transmit the report of the Commission to each State Party to the dispute. Those States shall, within three months, notify the Chairperson of the Committee whether or not they accept the proposals contained in the report of the Commission.
3. After the expiration of the period referred to in paragraph 2 of this article, the Chairperson of the Committee shall transmit the report of the Commission and the communications of the States Parties concerned to the States Parties to the Convention.
Article 14
1. A State Party may at any time declare that it accepts the jurisdiction of the Committee to receive and examine communications from individuals or groups of individuals who claim to be victims of violations of any of the rights set forth in the Covenant and who are subject to the jurisdiction of that State.
2. Any State Party which makes a declaration as provided in paragraph 1 of this article may establish or designate a body within its national legal system competent to receive and examine petitions from individuals or groups of individuals subject to the jurisdiction of that State who claim to have suffered injury as a result of a violation of one of the rights set forth in the Covenant and who have exhausted all other available domestic means.
3. The declaration made under paragraph 1 of this article and the name of the body established or designated under paragraph 2 of this article shall be submitted by the State Party concerned to the Secretary-General of the United Nations for transmission to other States Parties. The declaration may be withdrawn at any time by notification to the Secretary-General, but such withdrawal shall not affect communications under consideration by the Committee.
4. The register of petitions shall be kept by the body established or designated pursuant to paragraph 2 of this article and certified copies of the register shall be deposited annually with the Secretary-General through appropriate channels, the contents of which shall not be made public.
5. The applicant shall have the right to refer the matter to the Committee within six months if the body established or designated pursuant to paragraph 2 of this article fails to produce results.
6. (a) The Committee may bring any complaint submitted to it confidentially to the attention of the State Party alleged to have violated any provision of the present Covenant, but the identity of the individual or group of individuals concerned shall not be disclosed without the express consent of that individual or group. The Committee does not receive anonymous complaints.
(b) The State receiving the complaint shall, within three months, submit to the Committee a written explanation or statement explaining the matter and any measures it may have taken to resolve it, if any.
7. (a) The Committee shall examine the complaints in the light of all information available to the State party concerned and the petitioner. The Committee shall not examine any complaint of the petitioner unless it finds that he or she has exhausted all available domestic remedies. This rule shall not apply if the procedure relating to the communication exceeds a reasonable period of time.
(b) The Committee shall send its recommendations, if any, to the State Party concerned and to the petitioner.
8. The Committee shall include in its annual report summaries of such complaints and, where appropriate, statements and declarations of the States Parties concerned, as well as its own recommendations and proposals.
9. Only when at least ten States Parties to the present Covenant have accepted the binding force of the declarations under paragraph 1 of this article shall the Committee be authorized to exercise its functions under this article.
Article 15
1. Until the attainment of the objectives of the "Declaration on the Granting of Independence to Countries and Peoples Under Colonial Rule" contained in General Assembly resolution 1514 (XV) of 14 December 1960, the provisions of the present Covenant shall in no way limit the right of petition granted to such peoples by other international agreements or by the United Nations and its specialized agencies.
2. (a) The Committee established pursuant to article 8, paragraph 1, of the present Covenant may receive from United Nations organs dealing with matters directly related to the principles and purposes of the Covenant, from persons resident in countries under the jurisdiction of such organs and in non-self-governing countries and in all other countries to which General Assembly resolution 1514 (XV) applies, copies of petitions relating to matters covered by the present Covenant and may, during the examination of the petitions by such organs, give its opinion and make recommendations on the petitions.
(b) The Committee may receive from the competent United Nations organs copies of reports on legislative, judicial, administrative and other measures directly related to the principles and purposes of the Covenant and implemented by the ruling powers in the countries referred to in subparagraph (a) of this paragraph and may express its views and make recommendations to those organs.
3. The Committee shall include in its report to the General Assembly a summary of the petitions and reports received from the organs of the United Nations and its views and recommendations on such petitions and reports.
4. The Committee may request from the Secretary-General of the United Nations all information available to it concerning the countries referred to in paragraph 2 of this article which are relevant for the purposes of this Convention.
Article 16
The provisions of this Convention relating to the settlement of disputes or complaints shall apply separately from other methods of settling disputes or complaints in the field of discrimination contained in supplementary treaties or conventions adopted by the United Nations and its specialized agencies, and shall not preclude States Parties from resorting to other methods of dispute settlement in accordance with general or special international agreements in force between them.
SECTION THREE
Article 17
1. This Convention is open for signature by every member State of the United Nations or any specialized agency of the United Nations, any State Party to the Statute of the International Court of Justice and any other State invited by the General Assembly of the United Nations to become a Party to this Convention.
2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
Article 18
1. This Convention shall be open for accession by any State referred to in the first paragraph of article 17 of the Convention.
2. Accession shall be conditional upon the deposit of the instrument of accession with the Secretary-General of the United Nations.
Article 19
1. This Convention shall enter into force on the 30th day after the date of deposit with the Secretary-General of the United Nations of the 27th instrument of ratification or instrument of accession.
2. This Convention shall enter into force for each State ratifying or acceding to the Convention after the deposit of the 27th instrument of ratification or instrument of accession on the 30th day following the date of deposit of its instrument of ratification or instrument of accession.
Article 20
1. The Secretary-General of the United Nations shall receive reservations made by States at the time of ratification or accession and shall notify them to all States parties or potential parties to the present Covenant. Any State objecting to the reservation may, within a period of 90 days from the date of such notification, inform the Secretary-General that it does not accept the reservation.
2. A reservation which is incompatible with the object and purpose of this Convention or which may have the effect of impeding the activities of any of the organs established by the Convention shall not be permitted. A reservation shall be considered incompatible or obstructive if at least two-thirds of the States Parties to the Convention object to it.
3. Reservations may be withdrawn at any time by notification to the Secretary-General to that effect. Such notification shall take effect on the date of its receipt.
Article 21
A State Party may terminate its adherence to the present Covenant by written notification to the Secretary-General of the United Nations. The termination shall take effect one year after the date of receipt of the notification by the Secretary-General.
Article 22
Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled by these negotiations or by the methods expressly provided for in the Convention shall, if the parties are unable to agree on any other means of settlement, be referred at the request of a State Party to the dispute to the International Court of Justice for a decision.
Article 23
1. A request for a review of this Convention may be made at any time by any State Party by written notification to the Secretary-General of the United Nations.
2. The General Assembly of the United Nations shall decide on the steps, if any, to be taken in response to such a request.
Article 24
The Secretary-General of the United Nations shall notify all States referred to in article 17, paragraph 1, of the present Covenant
(a) Signatures, ratifications and accessions made pursuant to articles 17 and 18
(b) the date of entry into force of this Convention in accordance with article 19
(c) complaints and declarations received in accordance with articles 14, 20 and 23
(d) terminations pursuant to Article 21.
Article 25
1. This Convention, the Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States of each category referred to in article 17, paragraph 1, of the present Covenant.
First Declaration
On the Elimination of All Forms of Racial Discrimination
At the time of ratification of the International Convention
Text of the declaration made by the Republic of Turkey
The Republic of Turkey declares that it shall enforce the provisions of this Convention only against States Parties with which it has diplomatic relations.
Second Declaration
On the Elimination of All Forms of Racial Discrimination
At the time of ratification of the International Convention
Text of the declaration made by the Republic of Turkey
The Republic of Turkey declares that this Convention has been ratified only to the extent of the territorial limits within which the Constitution of the Republic of Turkey and the legal and administrative order of the Republic of Turkey are in force.
Reservation
On the Elimination of All Forms of Racial Discrimination
At the time of ratification of the International Convention
Article 22 of the Convention by the Republic of Turkey
with regard to the text of the reservation made in relation to
The Republic of Turkey does not consider itself bound by Article 22 of this Convention. The express consent of the Republic of Turkey is required in all cases before a dispute arising out of the interpretation or application of the Convention to which the Republic of Turkey is a party may be referred to the International Court of Justice.
Source: Human Rights Foundation of Turkey