著者

長谷 卓巳

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.24, pp.99-109, 1988-05-20

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In 1962 the General Assembly requested the Economic and Social Council to prepare a draft declaration and convention on the elimination of all forms of racial discrimination. On 20 November 1963 the General Assembly, upon the recommendation of the Third Committee, proclaimed the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and on 21 December 1965 the General Assembly at its twentieth session adopted by 106 votes to 0, with 1 abstention, Mexico and opened for signature and ratification the International Convention on the Elimination of All Forms of Racial Discrimination. The principles set out in the Declaration are reaffirmed in the Convention, and the Convention was prepared in order to give effect to the principles proclaimed in the Declaration. The Convention entered into force on 4 January 1969, thirty days after the twenty-seventh instrument of ratification or accession was deposited(Art. 19). A direct cause that induced the United Nations to take up the serious question of racial discrimination was the revival of anti-Semitic and neo-nazi movements in different parts of the world in 1959/1960. This Convention consists of 25 operative articles besides the preamble, and they are divided into 3 parts. Part I of the Convention(Arts. 1 to 7)refers to Substantive Article. Article I of the Convention begins with a definition of racial discrimination as "distinction, exclusion, restriction of preference based on race, colour, descent, or national or ethnic orgin…, "and Article 2 sets forth the fundamental obligations of States Parties to undertake in the matter of racial discrimination. Some of these fundamental obligations are elaborated in greater detail in Article 3 to 7. Part II of the Convention(Arts. 8 to 16)deals with measures of implementation. Remarkable among these clauses are provisions on the establishment of the Committee on the Elimination of Racial Discrimination("the Committee"). Measures for the implementation of the Convention include the establishment of the Committee, consisting of "18 experts of high moral standing and acknowledged impartiality elected by States Parties from amongst their nationals who shall serve in their personal capacity"(Art. 8. 1). Measures of implementation are an essential part of the Convention and consist of three means--(a)the undertaking by States Parties of the obligation to submit reports and the consideration of these reports by the Committee(Art. 9), (b)inter-State complaints between States Parties through the Committee(Arts. 11 to 13), and(c)the competence of the Committee to receive and consider communications from individuals or groups within the jurisdiction of States Parties claiming to be victims of a violation by that State of any of the rights set forth in the Convention(Art. 14). Part III of the Convention(Arts.17 to 25)is devoted to final clauses-reservations. At any rate, the Convention is the most radical instrument so far adopted in this field. It is described as "the international community's only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation"(statement by the Committee at the World Conference to Combat Racism and Racial Discrimination). In addition, an exceptionally large number of States have become parties to it. As of 1 January 1988, 124 States have agreed to be bound by the Convention. However, Japan has not ratified it. We hope that it will be ratified by Japan as soon as possible.