This chapter examines the emergence of the issue of caste-based discrimination as a violation of International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It explains the role of the Committee on the Elimination of Racial Discrimination (CERD) in the conceptualisation of discrimination on grounds of caste as a form of descent-based racial discrimination under the ICERD. Hence, it is seen as a violation of international human rights treaty law. The chapter charts the evolution and adoption of General Recommendation 29. It also examines the meaning of caste and the nature of rights violations. The chapter engages with State opposition to CERD's interpretation, in particular from India, which rejects the categorisation of caste as a form of descent-based discrimination and therefore a form of racial discrimination. The issue of caste challenges the interpretive approach to the treaty which CERD has adopted from the outset.

This chapter argues that there is a potential link between racial discrimination and some contemporary forms of conflicts. It suggests that the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) has the potential in averting future conflicts. While the role of the Convention in conflict prevention is growing through the more systematic use of the early warning/urgent action procedures by the Committee, its relevance in post-conflict mechanisms needs greater analysis. The chapter seeks to identify and establish violations based on breaches of ICERD during armed conflict which transitional justice measures and processes should address and remedy. It shows how ICERD could serve as a tool in laying the foundation for the rule of law in a new transitional order. The chapter suggests the role that Committee on the Elimination of Racial Discrimination (CERD) could play in that regard.

This chapter assumes that the meaning of the term 'racial' in Article 2 of the Genocide Convention and Article 1(1) of International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is very similar if not entirely identical. Although there is no reference to genocide in the ICERD, the Committee on the Elimination of All Forms of Racial Discrimination (CERD) has shown a special interest in the subject. Reporting to the Secretary General of the United Nations, CERD explained that in reviewing Rwanda's periodic report, it had taken note of the findings of a Commission composed of non-governmental organisations published in early 1993 that had warned of genocide. Following the Declaration on the Prevention of Genocide, CERD prepared a list of indicators relevant to the prevention of genocide although it entitled them 'indicators of patterns of systematic and massive racial discrimination'.

This chapter examines the Committee on the Elimination of Racial Discrimination's (CERD) contribution to the development of indigenous peoples' rights. It reviews and analyses the role of the Committee regarding the overall development of indigenous peoples' rights under international human rights law. The chapter explores how it has given depth to the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) to ensure it can cover several key issues faced by indigenous peoples. It focuses on CERD's effort to invite States to adopt effective measures to combat structural forms of racial discrimination. The chapter also examines how CERD has developed a strong approach to protect indigenous peoples' rights to lands and territories. It also explores how CERD has played an important role to ensure indigenous peoples' access to and control over their natural resources.

As with all international treaties, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) reflects the historic context of the time of its adoption. Periodic reports of States parties and Concluding Observations of the Committee reveal undoubtedly an important and continuous evolution in the application of ICERD. The issue of adopting new standards and amending the Convention has been considered by a UN working group, without a tangible result. The evolution in the world since the adoption of ICERD shows that discrimination on grounds of race, colour, descent, national or ethnic origin, continues to take place, albeit in different forms from what was perceived initially but not to the same extent. Racism is no longer institutionalised, nor an official policy in some States, but nevertheless it is still a reality and takes new forms and nuances, concerning in some States' important segments of the population.

Adoption of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD/the Convention) was a significant forward step in the extension of the rule of law. The Committee on the Elimination of Racial Discrimination (CERD/the Committee) was the first human rights treaty monitoring body. This chapter argues that the treaty body system can best be understood as part of the history of the extension of the rule of law. The treaty body system depends ultimately upon public understanding of human rights and upon support for politicians willing to run risks in opposing nationalist attacks upon international norms. The treaty body system is a creation of States, made possible by the commitment of individual politicians and officials who at times may press other States to observe standards their own States cannot always satisfy.

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was the first international human rights treaty. The newly independent States participated and played a leading and decisive role in drafting the first piece of the ICRERD international law. The Committee on the Elimination of Racial Discrimination (CERD), established under Article 8 from 1970 once the treaty had entered into force, was the first international treaty-monitoring body of its kind. This chapter presents some key concepts discussed in this book. The book presents a CERD member discussion of racial discrimination and gender justice, or the link between the elimination of all forms of racial discrimination and the furtherance of gender justice via the UN treaty system. It reviews CERD's engagement with and contribution to indigenous peoples' rights under international law. The book further examines the emergence of the issue of caste-discrimination in international human rights law.

This chapter discusses the effectiveness of the Committee on the Elimination of Racial Discrimination (CERD) in protecting minority rights. It examines the initial marginalisation of minority rights questions within the UN system, highlighting how the mainstreaming of human rights provided early justification for not having titular standards devoted to protecting minorities and indigenous peoples. The chapter focuses on why the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is the only universal binding international standard for minority rights. Arguing that the Convention is a 'minority and indigenous rights' treaty, it examines CERD's contribution to the advancement of such rights. The chapter focuses on how CERD has handled key questions such as the definition of 'racial discrimination', 'hate speech' and 'affirmative action'. It provides comments on the effectiveness of CERD in furthering minority rights.

The Committee on the Elimination of Racial Discrimination (CERD) began serious engagement with States on issues related to discrimination against Roma. The work of CERD has been very important in moving forward the understanding that anti-Romani sentiment is racism and anti-Romani action is racial discrimination in the sense of International Convention on the Elimination of all Forms of Racial Discrimination (ICERD). General Recommendation (GR) 27 provides a comprehensive overview of CERD's approaches to Roma. The section of GR 27 on protection against 'racial violence' covers important ground by highlighting the need for protection against both acts by racist vigilantes such as skinheads and against such acts by police. CERD in this sense was ahead of the European Court of Human Rights, which first found any State in violation of the European Convention's discrimination provisions in a case concerning Roma only in 2004.

This conclusion presents some closing thoughts on concepts discussed in this book. The book includes the meaning and relevance of Committee on the Elimination of Racial Discrimination (CERD) measures to the range of actors that engage with the Committee and International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It is clear that in particular, the international legal character of ICERD and its obligations need greater analysis and discussion. Although there are contestations and challenges, the contemporary meaning and reach of ICERD, as articulated by the Committee, is not fundamentally questioned by States parties. CERD will continue to offer a voice at the international level for victims of all forms of racial discrimination, which will drive more in-depth implementation of its standards.