The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention and an international treaty, which is a third-generation human rights instrument. It was adopted by the UN General Assembly on December 21, 1965, and entered into force on January 4, 1969, building upon the 1963 Declaration on the Elimination of All Forms of Racial Discrimination to address the problem of systemic racial injustice, particularly in the context of decolonization and apartheid. The Convention commits its 182 State Parties, including India, to eliminate racial discrimination in all its forms.
The Convention works through 25 Articles that define obligations and establish a monitoring mechanism. Article 1 defines "racial discrimination" as any distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin which impairs the enjoyment of human rights. Article 2 requires State Parties to condemn racial discrimination and pursue a policy of eliminating it, including reviewing and amending laws. Crucially, Article 4 mandates that States criminalize hate speech and declare illegal any organizations that promote racial hatred. The Convention also permits "special or concrete measures," often called affirmative action, which are explicitly not considered racial discrimination (Article 1(4) and Article 2(2)).
ICERD is monitored by the Committee on the Elimination of Racial Discrimination (CERD), a body of independent experts to whom State Parties must submit periodic reports on their progress (Articles 8-16). The Convention is connected to the Universal Declaration of Human Rights and is considered a jus cogens norm, meaning it is a fundamental principle of international law from which no derogation is acceptable. While the core text has not been replaced, its application evolves, as seen in the CERD's December 12, 2019, decision on jurisdiction in the Inter-State Communication submitted by the State of Palestine against Israel, which set precedents for inter-state complaints.