Racial Discrimination & Contemporary Relevance of The Convention

 Prejudice based on race has been one of the oldest and worst human rights “achievements” to stain modern society. While several treaties such as the UDHR, the ICCPR, and the ICESR provide for non-discrimination based on race, the Race Convention was adopted in 1969. The most virulent criticisms which were made against the Race Convention or International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) are that it added nothing new to the existing substantial imports of UDHR, ICCPR, and ICESCR or that it is a redundant document in the contemporary age [1]. However, all of these criticisms can hardly be put on footing especially when racism is still rife in the current contemporaneous society where the Duchess of Sussex stated that the baby to the royals depended on the skin color of the child which depicts the rationale of the ICERD to date.

The requirement of non-discrimination & the on-going need of ICERD

To effectively showcase the modern relevance of the Race Convention, one must discuss the non-ICERD measures against Racial Discrimination first. Article 2 of the UDHR and the ICCPR also guarantees the prohibition of discrimination based on race, sex, age, gender, etc as international law stance on racism. In as much as this paper focuses on the case of ICERD, it is important that the world took some measures to erase the curse of racial discrimination even before the agreement was set through constitutional decisions such as the US Supreme Court ruling in Brown v Board of Education of Topeka [1954] 347 US 483 and Griggs v Duke Power Co. [1971] 401 US 424. This was succeeded by the anti-discrimination laws which stated the provision of equality in Amendment 14 of the Constitution of the United States [2].

However, it is pertinent to highlight that the US is one of the primary causes of the failure of the Race Convention. Previous report of CERD pointed to the concern of gun violence against African Americans with a call for increased background checks. It also observed the rising trends of police brutality against people of color [3]. This prompts one to mention the incidents where Breonna Taylor and George Floyd’s lives were taken even though they did not pose any threat. These incidents sparked the Black Lives Matter movement around the global society and put pressure on the racial bias criminal justice system in the US to prosecute the individuals involved in the aforementioned killings.

Racial discrimination is not only a recent issue in America but also a global issue that continues even to this date. The UK has not been free from discrimination and the Lawrence Inquiry established in the aftermath of the murder of a black teenager, Stephen Lawrence brought clearly to the fore discrimination based on the colour of one’s skin. This was vividly exposed by the UK when the recent racist remarks on the skin color of the baby of the Dutch and the Duchess of Sussex made the news.

Discrimination makes a distinction between different persons based on their color, ethnic origin as well competencies (Article 1). This definition alone expands one’s knowledge of many current severe global conflicts, especially the continued ethnic cleansing of Palestinians by Israelis as of when this essay is being written [4]. It is noted that thus far Israel has been a signatory of ICERD beginning in 1979. Before August 2023, Amnesty International accused Israel of breaching Articles 2, 3, 5, and 6 of the ICERD, referring to such actions of the state as establishing Israeli settlements on Palestinian territories, as well as discriminating against Palestinian residents [5]. These violations are not as severe as those made by Israel (racially motivated) after August, of the year 2023. In essence, Israel has been racially sensitive in its actions and it is applying genocide and ethnic cleansing on the Palestinian people. The above-mentioned examples prove how racism is alive and this is a genuine threat to human rights today. This is exacerbated by the support of the Western powers to Israel; seconding how deeply racism could be entrenched [6].

Racial discrimination is nonexistent in Pakistan; however, the nation has been trying to come up to par with the global standards by signing the ICERD. This paper is governed by the following principles of non-discrimination; The country has provided institutions that uphold these principles.

Constitutional and Legal Provisions

The Constitution of Pakistan enshrines the principle of non-discrimination. Article 25 affirmatively provides for equal and equal protection for all citizens irrespective of sex hence there is no protection for any person from discrimination based on this factor alone. It is complemented by specific legislation that has been passed to protect vulnerable groups in society [7].

 Legislative Measures

In 2018, a law known as Transgender Persons (Protection of Rights) Act was passed and adopted in Pakistan, where the country’s government offered recognition to people belonging to the mentioned category based on their choices and prohibited discrimination against such persons in the field of education, work, and receiving services. Similarly, religious minorities are encouraged in public service and the hiring requirement of the civil service has been set at five percent to ensure that all citizens are fairly represented [8].

Institutional Framework

The Pakistani National Commission on Human Rights (NCHR) in particular has been designed to respect and protect human rights in the country and to investigate breaches of human rights such as racial discrimination [9]. The NCHR has been keen on presenting reports to international organizations –for instance, CERD, to bring out issues on the ground as well as the required measures on the table.

International Commitments and Reporting

Pakistan associated with ICERD in 1966 and periodically has been working with CERD in terms of reporting the compliance and measures it has taken in this context. During the previous meetings, the delegation of Pakistan underlined the fact that non-discrimination has been incorporated into the constitution and the legislation of the country which proves their compliance with the principles of the convention. Despite this, the Sheedi people – the descendants of the Black Afric through colonization. In as much as they are present, they face social and economic exclusion. In 2018, Tanzeela Qambrani was elected as the first Sheedi representative to be a member of Pakistan’s Parliament; there are successes and still existing problems with this community [10].

The Ahmadis in Pakistan are one of the most persecuted minoritarians since they are classified as non-Muslims and are discriminated against and even killed by the Pakistani state [11]. The intolerance evident was an act of hostility in the year 2018 when a mob brought down an Ahmadi Mosque in Sialkot. Legal restrictions on the Ahmadi faith makeup worsen since they are denied the right to self-identify as Muslims or practice their religion freely [12].

In Pakistan, Balochistan also faces adverse racial persecution as well as forced disappearances of individuals. Leaders such as Dr. Mahrang Baloch have come up to advocate for nonviolent struggle and for bringing the plight of the Baloch people to the world. As early as 2024, Dr. Baloch was denied her freedom of movement to a TIME event to honor her activism which goes to show the struggles of Baloch activists [13]. Astonishingly, several cases and incidents have been reported where girls from Hinduism and Christianity are forced to change their religion. These include cases of kidnapping, forced marriage, and threats to convert to Islam which bring out strong cases of religious intolerance and violation of rights [14].

Further Marginalization of Racial Communities?

From the analysis made above, one is in a position to ask why then was the Race Convention adopted given the fact that Discrimination based on race has already been outlawed in many international human rights instruments [15]. Critics have asserted that instead of assisting towards the protection of race, the Race Convention is worthless given the other international instruments that proscribe racial discrimination. Additionally, this Convention (ICERD) puts the racially discriminated groups further away. One would strongly oppose such a statement [16].

In the researcher’s opinion, it is argued that several international instruments including UDHR, ICCPR and ICESCR have provided for discrimination but prohibited those same in general. In other words, these international instruments have brought a broad, general character of ban which does not shed a proper light on any of the rights. It has done so after setting very general goals in the post-apartheid era, where the wrongs of the South African apartheid regime have already been known The Race Convention has named racist discrimination and the wrongs committed under it [17].

It is however stressed that but for the fact that racial discrimination was not regulated independently by the ICERD, so many acknowledge of racially discriminative practices would not have been witnessed, and movements such as the recent Black Lives Matter, would not only not have begun in the first instance, but would not have become so prominent and popularized. While women’s rights are protected under the same several international Human rights instruments, the Convention on the Rights of Women was still necessary as it was meant to elaborate on females’ distinct issues and assertively promote women’s rights besides the rights of other people. This is because every problem to be solved has to be first recognized and this is what the Race Convention and the Women’s Convention have been introduced for and to do [18].

Besides, and in contrast to UDHR, ICCPR, and ICESCR, ICERD has provided certain measures for implementing the elimination of the prohibition of racial discrimination like; State reporting, individual complaints procedure, and early warning/urgent action. As would be noted, these enforcement mechanisms are not a success, nevertheless, they are over and above what the existing international human rights instruments have provided. Accordingly, it could be said that the claim that the Race Convention has continued to negatively affect racial communities is unfounded.

ICERD’s Failure?

In the current generation, issues of discrimination based on color have been quite rampant and therefore, it raises the debate on the relevance and efficiency of ICERD. What is the reason for racial discrimination today; this is where ICERD comes in.

Therefore, one may opine that the Race Convention although more successful as compared to other international instruments is not successful. Amidst this, it must be noted that ICERD has failed more than once or twice in the past. One cannot argue to principal level or lack of accountability of racially motivated acts of states that included the US, Israel, China, and the UK. Nevertheless, this author wishes to posit that even with the presence of the convention and the race convention in the straight and concise – there is no tolerance for racial discrimination. There will be no criticism of racially motivated actions, and no such essay will be written on the issues caused by racial discrimination.

The Race Convention is the first treaty that outlawed discrimination based on caste, which proclaimed an idea of equality and said that this idea is worth separate observation. Undoubtedly, the absence of an enforcement mechanism for ICERD leads to noncompliance by the various states with discriminative practices. It does not mean that ICERD itself is problematic; however, it substantiates the idea that enforcement procedures must be implemented in ICERD since it is difficult to imagine that states would cease discrimination against groups of human beings for the sake of all humanity. It has to be restated here that to only accept a wrong is not good for the party which is wronged, to right the wrong is [19].

Conclusion

Based on the above content it can be argued that while various international instruments ban discrimination based on race, it has been deemed necessary to adopt the Race Convention to affirm the right not to be racially discriminated against specifically. Nevertheless, it should be noted that ICERD is not successful as some shortcomings were demonstrated by the discriminatory practices stated in the content of this article. However, these dents to ICERD do not, in any manner, suggest that ICERD is of no use or has no utility, rather as pointed out in the preceding paragraph, they present the need to develop operational measures for the Race Convention.

References

• Rebecca H Walker, Bonnie L Keeler and Kate D Derickson, ‘The Impacts of Racially Discriminatory Housing Policies on the Distribution of Intra-Urban Heat and Tree Canopy: A Comparison of Racial Covenants and Redlining in Minneapolis, MN’ (2024) 245 Landscape and Urban Planning 105019 https://doi.org/10.1016/j.landurbplan.2024.105019 accessed 15 March 2025.
• [2] Lydia Candelaria González Orta, ‘The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): From Its Radical Preamble to Its Contemporary Intersectional Approach’ (2025) 34(1) Women’s History Review https://doi.org/10.1080/09612025.2023.2277490 accessed 15 March 2025.

[3] Sara Wissmann, ‘Berlin Techno Goes Intangible Cultural Heritage: Modern Music, the Cultural Appropriation Debate, and the International Convention on the Elimination of All Forms of Racial Discrimination’ (2024) 42(2) Netherlands Quarterly of Human Rights 195-217. https://doi.org/10.1177/09240519241246132 accessed 15 March 2025.

[4] Peter Jacob, ‘Is Racial Discrimination an Issue in Pakistan?’ (The Express Tribune, 20 July 2016) https://tribune.com.pk/story/1145998/racial-discrimination-issue-pakistanaccessed 15 March 2025.

[5] Yasmeen Serhan, ‘Pakistan Bars Activist from Traveling to TIME Event Honoring Her’ (TIME, 9 October 2024) https://time.com/7071983/mahrang-baloch-pakistan-prevented-from-traveling/ accessed 15 March 2025.

• Margaux Seigneur, ‘In Pakistan’s Balochistan Region, Families of Victims of Repression Demand Justice’ (Le Monde, August 2024) https://www.lemonde.fr/en/international/article/2024/08/22/in-pakistan-s-balochistan-region-families-of-victims-of-repression-demand-justice_6719818_4.html accessed 15 March 2025.

[7] Zoha Waseem, ‘Stateless and Vulnerable: Race, Policing, and Citizenship in Pakistan’ (2023) 46(1) PoLAR: Political & Legal Anthropology Review. https://polarjournal.org/2023/11/08/stateless-and-vulnerable-race-policing-and-citizenship-in-pakistan/ accessed 15 March 2025.

[8] Ajay K Raina, ‘Minorities and Representation in a Plural Society: The Case of the Christians of Pakistan’ (2014) 37 South Asia: Journal of South Asian Studies 684-699. https://research.monash.edu/en/publications/minorities-and-representation-in-a-plural-society-the-case-of-the accessed 15 March 2025.

[9] Muhammad Abdullah, Manotar Tampubolon and Zaneera Malik, ‘Human Rights and Democracy in South Asia: Theory and Practice in Pakistan’ (2023) 2 Journal of Scientific Research, Education, and Technology (JSRET) 1831-1844. https://jsret.knpub.com/index.php/jrest/article/view/304 accessed 15 March 2025.

[10] Committee on the Elimination of Racial Discrimination (CERD), ‘Consideration of Reports Submitted by States Parties under Article 9 of the Convention: Pakistan’ (20 February 2009) UN Doc CERD/C/PAK/20

[11] Zaki Rehman, The Ahmadiyya in Pakistan: Religious Persecution, Human Rights, and Islam (22 July 2024) Oxford Human Rights Hub https://ohrh.law.ox.ac.uk/the-ahmadiyya-in-pakistan-religious-persecution-human-rights-and-islam/ accessed 15 March 2025.

[12] Amnesty International, ‘Pakistan 2023’ (April 2024) https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/pakistan/report-pakistan/ accessed 15 March 2025.

[13] Zofeen T Ebrahim, ‘She Has Won Our Hearts and Minds: Can One Woman Unite the Baloch People in Peaceful Resistance?’ (The Guardian, 31 August 2024) https://www.theguardian.com/global-development/article/2024/aug/31/can-one-woman-unite-the-baloch-people-in-peaceful-resistance-balochistan-pakistan-mahrang accessed 15 March 2025.

[14] Supra 12.

[15] Supra 10.

[16] National Commission for Human Rights, ‘Report on Pakistan’s Compliance with CERD’ (July 2024) https://nchr.gov.pk/wp-content/uploads/2024/07/Report-on-Pakistans-Compliance-with-CERD-2024.pdf accessed 15 March 2025.

[17] World Economic Forum, ‘Black Lives Matter – for Pakistan’s Sheedi Community Too’ (August 2020)https://www.weforum.org/stories/2020/08/black-lives-matter-for-pakistans-sheedi-community-too/ accessed 15 March 2025.

[18] Committee on the Elimination of Racial Discrimination (CERD), ‘Experts of the Committee on the Elimination of Racial Discrimination Commend Pakistan on “A” Status for National Human Rights Commission’ (OHCHR, 9 August 2024) https://www.ohchr.org/en/news/2024/08/experts-committee-elimination-racial-discrimination-commend-pakistan-status-national accessed 15 March 2025.

[19] Minh Hoang Dang and Doan Thi Phuong Diep, ‘The Integration of ILO Convention C111 into Vietnamese Labour Law and Its Implications for Gender-Based Discrimination: A Feminist Legal Critique’ (2024) 17 Journal of East Asia & International Law 87 https://scispace.com/pdf/the-integration-of-ilo-convention-c111-into-vietnamese-24sjf6qh10.pdf accessed 15 March 2025.