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In 1965, the United Nations General Assembly adopted Resolution 2106, which established the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), that entered into force in 1969. The drafting took place at the peak of decolonisation process and fight against apartheid which brought once again the cruelty of the discrimination into international focus. As at August 2023, the Convention has been ratified by 182 States.

The Convention is devoted to “adopting all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations, and to preventing and combating racist doctrines and practices in order to promote understanding between races and to build an international community free from all forms of racial segregation and racial discrimination.”

According to ICERD, the definition of racial discrimination is as follows: “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, on an equal footing, of Human Rights and fundamental freedoms in the political, economic, social, cultural, or any other field of public life.”

Also, there are some groups or individuals, mentioned by ICERD, who are usually more vulnerable to racial discrimination prohibited by ICERD. These are the following: migrants, minority groups, indigenous peoples, refugees, and asylum seekers. Throughout history, these groups or individuals have been identified by ICERD as victims of racial discrimination in many societies. In Croatia, Roma people, despite having been settled for a long time on the territory of today’s Croatia, have a continuous history of marginalization and social exclusion, which is one of the main matters of ICERD interest there.                                                                                                                                                                                                                                                                         

Contents of the International Convention on the Elimination of Racial Discrimination:

The Convention has a preamble and 25 articles that can be divided into three parts, where the first part presents the definition of racial discrimination prohibited by ICERD (Article 1) and States parties’ obligations (Articles 2 – 7). These obligations include the requirement of appropriate measures to eliminate racial discrimination, including racial segregation, apartheid, hate speech and hate crime; assurance of the institutional protection of individuals belonging to certain racial groups by guaranteeing them the full and equal enjoyment of Human Rights and undertaking of measures in education, teaching, etc. to combat prejudices that lead to racial discrimination. The second part establishes the monitoring body - the Committee on the Elimination of Racial Discrimination (CERD), and its work (Articles 8 – 16). The third part specifies elements of the operation of the Treaty (Articles 17 – 25).

Role of the Committee on the Elimination of Racial Discrimination (CERD):

The Committee is the essential monitoring body set up by the Convention and consists of 18 independent experts, nominated by their governments. ICERD continues to examine the situation in each country that has ratified the Convention through its Committee. All the States that have ratified the Convention, must appear before the Committee in Geneva and report to it. The Committee then provides specific recommendations on how to effectively eradicate the different forms of racism present in each country.

The Committee's functions can be divided into three different categories:

First, the examination of reports from state parties and the submission of annual reports to the General Assembly under Article 9. Such reports usually include “suggestions and general recommendations based on the examination of the reports and information received from States Parties.” In July 2023, ombudswoman Tena Šimonović Einwalter submitted to the UN Committee on the Elimination of Racial Discrimination (CERD) a Shadow Report on the Implementation of the Convention on the Elimination of All Forms of Racial Discrimination in Croatia. This report mostly tackles the problems faced by members of the Roma, but also the Serbian national minority and migrants, as well as violation of rights in work, cases of hate crimes and hate speech.

Second, the consideration of complaints lodged by one state party against another and alleging violation of the Convention, as outlined in Articles 11-13. For example, examining the Collective Complaint of the European Roma Rights Center in Bulgaria that alleges violations by the Bulgarian state of the right of Roma people to social, legal, and economic protection as stipulated by international standards.

Third, the consideration of individual communications under Article 14.

The main obligations of the Committee are monitoring the implementation of ICERD and reviewing state parties' reports, managing individual communications, dealing with early warning and urgent questions, providing general recommendations, making sure that civil society knows about the Convention, and expanding our knowledge of the worldwide prevalence of racial discrimination.

Challenges of ICERD:

ICERD has a global impact on promoting racial equality and combating racism. Unfortunately, even these days, there are a lot of challenges in fully implementing ICERD and addressing ongoing issues of racial discrimination. Among them are want of awareness and understanding among people regarding their rights under ICERD or forms of racial discrimination in general, which may make it hard for them to recognize and report cases of discrimination; lack of laws and effective mechanisms that would combat discrimination; insufficient political leadership and commitment among some governments in terms of combating racial discrimination, either because of inadequate prioritization of anti-discrimination or due to entrenched power structures.

Overall, ICERD plays a crucial role in the fight against racial discrimination, acknowledging the need for continued efforts to create a more just and inclusive society. It unifies the efforts of governments, civil society organizations, and individuals in order to combat racial discrimination and promote Human Rights for everyone. In Croatia, progress has been made in the field of legal protections and policies, but there is still a lot of work to be done to address the deep-rooted social and economic disparities faced by the Roma community, which can be gained through sustained efforts and the adoption of the principles of ICERD.