Declaration on the Elimination of All Forms of Racial Discrimination
By eloofk
The Declaration on the Elimination of All Forms of Racial Discrimination is an important document which was adopted by the United Nation General Assembly on 20th November 1963 and a precursor to the legally binding Convention on the Elimination of All Forms of Racial Discrimination and entered into force on 4th January 1969.
As Malaysia is a member of the United Nation General Assembly since 1957, it has to adhere to any legally binding declaration at all times.
The Declaration states that:
Article 1 – Discrimination between human beings on the ground of race, colour or ethnic origin is an offence to human dignity and shall be condemned as a denial of the principles of the Charter of the United Nations, as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights, as an obstacle to friendly and peaceful relations and as a fact capable of disturbing peace and security among peoples.
Article 2 – i) No State, Institution, Group or Individual shall make any discrimination whatsoever in matters of human rights and
fundamental freedoms in the treatment of persons, groups of persons or institutions on the ground of race, colour or ethnic
origin.
ii) No State shall encourage, advocate or lend its support, through police action or otherwise, to any discrimination based on race, colour or ethnic origin, by any group, institution or individual.
iii) Special concrete measures shall be taken in appropriate circumstances in order to secure adequate development or protection of individuals belonging to certain racial groups with the object of ensuring the enjoyment by such individuals of
human rights and fundamental freedoms. These measures are in no circumstances have as a consequence the maintenance of unequal or separate rights for different racial groups.
Article 3 – Particular efforts shall be made to prevent discrimination based on race, colour or ethnic origin, especially in the field of civil rights, access to citizenship, education, religion, employment, occupation and housing.
Article 4 – All states shall take effective measures to revise governmental and other public policies and to rescind laws and regulations which have the effect of creating and perpetuating racial discrimination wherever it still exists. They should
pass legislation for prohibiting such discrimination and should take all appropriate measures to combat those prejudices which lead to racial discrimination.
Article 5 – An end shall be put without delay to governmental and other public policies of racial segregation and especially policies of apartheid, as well as all forms of racial discrimination and separation resulting from such policies.
Article 6 – No discrimination by reason of race, colour or ethnic origin shall be admitted in the enjoyment by any person of political and citizenship rights in his country, in particular the right to participate in elections through universal and equal
suffrage and to take part in the government. Everyone has the right of equal access to public service in his country.
Article 7 – i) Everyone has the right to equality before the law and to equal justice under the law. Everyone, without distinction as to race, colour or ethnic origin has the right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution.
ii) Everyone shall have the right to an effective remedy and protection against any discrimination he may suffer on the ground of race, colour or ethnic origin with respect to his fundamental rights and freedoms through independent national tribunals competent to deal with such matters.
Article 8 – All effective steps shall be taken immediately in the fields of teaching, education and information, with a view to eliminate racial discrimination and prejudice and promoting understanding, tolerance and friendship among nations and racial groups, as well as propagating the purposes and principles of the Charter of the United Nations, of the Universal Declaration of Human Rights and of the Declarations on the Granting of Independence to Colonial Countries and Peoples.
Article 9 – i) All propagandas and organisations based on ideas or theories of the superiority of one race or group of persons of one colour, or ethnic origin with a view to justify or promoting racial discrimination in any form shall be severely condemned.
ii) All incitement to or acts of violence, whether by individual or organisation against any race or group of persons of another colour or ethnic origin shall be considered an offence against society and punishable under law.
iii)In order to put into effect the purposes and principles of the present Declaration, all State shall take immediate and positive measures, including legislative and other measures to prosecute and/or outlaw organisation which promote or incite racial discrimination, or incite to or use violence for purposes of discrimination based on race, colour or ethnic origin.
Article 10 – The United Nations, the specialised agencies, States and non- governmental organistions shall do all in their power to promote energetic action, which by combining legal and other practical measures, will make possible the abolition of all forms of racial discrimination. They shall in particular, study the causes of such discrimination with a view to recommending appropriate and effective measures to combat and eliminate it.
Article 11 – Every State shall promote respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations and shall fully and faithfully observe the provisions of the present Declaration, the
Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples.
