‘BRINGING THE VICTIMS TO LIGHT’ UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Cover Image

ПОЈАМ ЖРТВЕ ПРЕМА МЕЂУНАРОДНОЈ КОНВЕНЦИЈИ О ЕЛИМИНАЦИЈИ СВИХ ОБЛИКА РАСНЕ ДИСКРИМИНАЦИЈЕ
‘BRINGING THE VICTIMS TO LIGHT’ UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

Author(s): Patrick Thornberry
Subject(s): International Law, Human Rights and Humanitarian Law, Ethnic Minorities Studies
Published by: Правни факултет Универзитета у Београду
Keywords: Committee on the Elimination of Racial Discrimination; Victims of racial Discrimination; Special measures; Minorities; Indigenous peoples;

Summary/Abstract: This paper casts the light on the work of the Committee on the Elimination of Racial Discrimination (CERD), its procedure and the concept of discrimination, focusing primarily on the question of „victims“ of racial discrimination. The author attempts to identify the range of persons and communities entitled to bring a communication before the International Convention on the Elimination of all forms of Racial Discrimination. The author argues that challenges faced by CERD are broader than the context of the fight against Apartheid and colonialism that was dominant in 1960s when the Convention emerged. Thus, the Committee practice on victims of racism also includes ethnic and national minorities (with a particular emphasis on the Roma), indigenous peoples, caste groups, non-citizens, as well as groups whose identities „intersect“ with those identities, such as those based on religion, identity and gender. The identification of groups vulnerable to racism emerged from many contemporary factors, such as economic migration, conflict involving massive displacement, creation and succession of States, counter-terrorism actions, hate speech, and others. This development was accelerated by developments in relation to the rights of minorities, indigenous peoples, women, and other groups or categories. The author particularly emphasizes that the interpretation of the ICERD has arguably moved beyond the original vision of the drafters, demonstrating that the Convention is a living instrument interpreted in accordance with present-day challenges.

  • Issue Year: 57/2009
  • Issue No: 4
  • Page Range: 156-185
  • Page Count: 30
  • Language: Serbian