Committee on the Elimination of Racial Discrimination Convention on the – Elimination of Racial Discrimination the Committee is made up of 18 experts who serve four-year Mandate and composition: terms (article 8). The Committee meets in Geneva for two sessions each year. State parties must report on the legislative, judicial, administrative or Periodic reports: other measures adopted to give effect to the within one year of becoming a party CERD to the treaty and every two years thereafter (article 9). periodic reports are prepared by the Department of Foreign Affairs Australia’s and Trade and are available on the website (). Department’s a State party must declare that that it recognises the Individual communications: competence of the Committee to hear complaints of violations of rights by CERD individuals or groups within its jurisdiction (article 14). Australia has accepted the competence of the Committee to receive individual communications in accordance with article 14. articles 11 to 13 detail the procedures for State parties to make a State complaints: complaint about violation of the including through the CERD, another State’s establishment of an ad hoc conciliation commission. Unlike the and the ICCPR ICESCR, this mechanism applies to all State parties to the and does not require an express CERD declaration recognising the competence of the Committee to hear such complaints. Article 22 also establishes a process for resolving disputes between States over the interpretation or application of the This process begins with negotiation and CERD. arbitration and, absent a resolution, can be referred by one of the parties to the International Court of Justice. States can opt out of this procedure by making a declaration at the time of or accession. none. Inquiry procedure: the Committee has adopted an warning and urgent mechanism Other: ‘early procedures’ to address serious violations of the within a State jurisdiction. The CERD party’s Committee may request further information from the State concerned, make recommendations, including to the Security Council, and offer its good offices or technical assistance.
Committee on the Elimination of Racial Discrimination – Convention on the Elimination of Racial Discrimination Mandate and composition: the Committee is made up of 18 experts who serve four-year terms (article 8). The Committee meets in Geneva for two sessions each year. Periodic reports: State parties must report on the legislative, judicial, administrative or other measures adopted to give effect to the CERD within one year of becoming a party to the treaty and every two years thereafter (article 9). Australia’s periodic reports are prepared by the Department of Foreign Affairs and Trade and are available on the Department’s website (). Individual communications: a State party must declare that that it recognises the competence of the Committee to hear complaints of violations of CERD rights by individuals or groups within its jurisdiction (article 14). Australia has accepted the competence of the Committee to receive individual communications in accordance with article 14. State complaints: articles 11 to 13 detail the procedures for State parties to make a complaint about another State’s violation of the CERD, including through the establishment of an ad hoc conciliation commission. Unlike the ICCPR and the ICESCR, this mechanism applies to all State parties to the CERD and does not require an express declaration recognising the competence of the Committee to hear such complaints. Article 22 also establishes a process for resolving disputes between States over the interpretation or application of the CERD. This process begins with negotiation and arbitration and, absent a resolution, can be referred by one of the parties to the International Court of Justice. States can opt out of this procedure by making a declaration at the time of or accession. Inquiry procedure: none. Other: the Committee has adopted an ‘early warning and urgent procedures’ mechanism to address serious violations of the CERD within a State party’s jurisdiction. The Committee may request further information from the State concerned, make recommendations, including to the Security Council, and offer its good offices or technical assistance.