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Full Text (PDF format) | Signatories and Ratifications
THE STATES PARTIES TO THIS CONVENTION,
CONSIDERING that the inherent dignity and equality of all members of the
human family are basic principles of the Universal Declaration of Human
Rights, the American Declaration of the Rights and Duties of Man, the
American Convention on Human Rights, and the International Convention on
the Elimination of All Forms of Racial Discrimination;
REAFFIRMING the resolute commitment of the member states of the
Organization of American States to the complete and unconditional
eradication of racism, racial discrimination, and all forms of
intolerance, and their conviction that such discriminatory attitudes are
a negation of universal values and the inalienable and infrangible
rights of the human person and the purposes and principles enshrined in
the Charter of the Organization of American States, the American
Declaration of the Rights and Duties of Man, the American Convention on
Human Rights, the Social Charter of the Americas, the Inter-American
Democratic Charter, the Universal Declaration of Human Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, and the Universal Declaration on the Human Genome and
Human Rights;
RECOGNIZING the duty of adopting national and regional measures to
promote and encourage respect for and observance of the human rights and
fundamental freedoms of all individuals and groups subject to their
jurisdiction, without regard to race, color, lineage, or national or
ethnic origin;
CONVINCED that the principles of equality and nondiscrimination among
human persons are dynamic democratic concepts that foster the promotion
of effective legal equality and presuppose an obligation on the State’s
part to adopt special measures to protect the rights of individuals or
groups that may be victims of racial discrimination, in any area of
human endeavor, whether public or private, with a view to cultivating
equitable conditions for equal opportunity and to combating racial
discrimination in all its individual, structural, and institutional
manifestations;
AWARE that the phenomenon of racism has a dynamic capacity for renewal
that enables it to assume new forms whereby it spreads and expresses
itself politically, socially, culturally, and linguistically;
TAKING INTO ACCOUNT that the victims of racism, racial discrimination,
and other related forms of intolerance in the Americas are, inter alia,
people of African descent, indigenous peoples, and other racial and
ethnic groups or minorities, or groups that by reason of their lineage
or national or ethnic origin are affected by such manifestations;
CONVINCED that certain persons and groups experience multiple or extreme
forms of racism, discrimination and intolerance, driven by a combination
of factors such as race, color, lineage, national or ethnic origin, or
others recognized in international instruments;
TAKING INTO ACCOUNT that a pluralistic and democratic society must
respect the race, color, lineage, and national or ethnic origin of every
person, whether belonging to a minority or not, and create suitable
conditions that will enable that person to express, preserve, and
develop his or her identity;
CONSIDERING that the individual and collective experience of
discrimination must be taken into account to combat segregation and
marginalization based on race, ethnicity, or nationality, and to protect
the life plan of those individuals and communities at risk of such
segregation and marginalization;
ALARMED by the surge in hate crimes motivated by race, color, lineage,
and national or ethnic origin;
EMPHASIZING the basic role that education plays in promoting respect for
human rights, equality, nondiscrimination, and tolerance; and
BEARING IN MIND that although the fight against racism and racial
discrimination was brought to the forefront in an earlier international
instrument, the 1965 International Convention on the Elimination of All
Forms of Racial Discrimination, the rights set forth therein must be
reaffirmed, developed, improved, and protected, in order to consolidate
in the Americas the democratic content of the principles of legal
equality and nondiscrimination,
AGREE upon the following:
CHAPTER I
Definitions
Article 1
For purposes of this Convention:
1. Racial discrimination shall mean any distinction, exclusion,
restriction, or preference, in any area of public or private life, the
purpose or effect of which is to nullify or curtail the equal
recognition, enjoyment, or exercise of one or more human rights and
fundamental freedoms enshrined in the international instruments
applicable to the States Parties.
Racial discrimination may be based on race, color, lineage, or national
or ethnic origin.
2. Indirect racial discrimination shall be taken to occur, in any realm
of public and private life, when a seemingly neutral provision,
criterion, or practice has the capacity to entail a particular
disadvantage for persons belonging to a specific group based on the
reasons set forth in Article 1.1, or puts them at a disadvantage, unless
said provision, criterion, or practice has some reasonable and
legitimate objective or justification under international human rights
law.
3. Multiple or aggravated discrimination is any preference, distinction,
exclusion, or restriction based simultaneously on two or more of the
criteria set forth in Article 1.1, or others recognized in international
instruments, the objective or result of which is to nullify or curtail,
the equal recognition, enjoyment, or exercise of one or more human
rights and fundamental freedoms enshrined in the international
instruments applicable to the States Parties, in any area of public or
private life.
4. Racism consists of any theory, doctrine, ideology, or sets of ideas
that assert a causal link between the phenotypic or genotypic
characteristics of individuals or groups and their intellectual,
cultural, and personality traits, including the false concept of racial
superiority.
Racism leads to racial inequalities, and to the idea that discriminatory
relations between groups are morally and scientifically justified.
All the theories, doctrines, ideologies, and sets of racist ideas
described in this article are scientifically false, morally
reprehensible, socially unjust, and contrary to the basic principles of
international law; they therefore seriously undermine international
peace and security and, as such, receive the condemnation of the States
Parties.
5. Special measures or affirmative action adopted for the purpose of
ensuring equal enjoyment or exercise of one or more human rights and
fundamental freedoms of groups requiring such protection shall not be
deemed racial discrimination provided that such measures do not lead to
the maintenance of separate rights for different groups and are not
continued once their objectives have been achieved.
6. Intolerance is an action or set of actions or expressions that denote
disrespect, rejection, or contempt for the dignity, characteristics,
convictions, or opinions of persons for being different or contrary. It
may manifest itself as marginalization and exclusion of vulnerable
groups from participation in any sphere of public or private life or
violence against them.
CHAPTER II
Protected Rights
Article 2
Every human being is equal under the law and has a right to equal
protection against racism, racial discrimination, and related forms of
intolerance in any sphere of life, public or private.
Article 3
Every human being has the right to the equal recognition, enjoyment,
exercise, and protection, at both the individual and collective levels,
of all human rights and fundamental freedoms enshrined in their domestic
law and in international law applicable to the States Parties.
CHAPTER III
Duties of the State
Article 4
The states undertake to prevent, eliminate, prohibit, and punish, in
accordance with their constitutional norms and the provisions of this
Convention, all acts and manifestations of racism, racial
discrimination, and related forms of intolerance, including:
i. Public or private support provided to racially discriminatory and
racist activities or that promote intolerance, including the financing
thereof.
ii. Publication, circulation or dissemination, by any form and/or means
of communication, including the internet, of any racist or racially
discriminatory materials that:
a. Advocate, promote, or incite hatred, discrimination, and intolerance.
b. Condone, justify, or defend acts that constitute or have constituted
genocide or crimes against humanity as defined in international law, or
promote or incite the commitment of such acts.
iii. Violence motivated by any of the criteria set forth in Article 1.1.
iv. Criminal activity in which the victim’s property is chosen
intentionally based on any of the criteria set forth in Article 1.1.
v. Any repressive action based on any of the criteria set forth in
Article 1.1 rather than on the person’s behavior or on objective
information identifying the individual as having been engaged in
criminal activity.
vi. Restricting, in an undue or unreasonable manner, the exercise of the
individual rights of ownership, administration, and disposal of property
of any kind based on any of the criteria set forth in Article 1.1.
vii. Any distinction, exclusion, restriction, or preference applied to
persons, because of their status as victims of multiple or aggravated
discrimination, the purpose or result of which is to deny or impair the
equal recognition, enjoyment, exercise, or protection of rights and
fundamental freedoms.
viii. Any racially discriminatory restriction on the enjoyment of the
human rights enshrined in applicable international and regional
instruments and in the jurisprudence of international and regional human
rights courts, particularly those applicable to minorities or groups
that are in vulnerable situations and subject to racial discrimination.
ix. Any restriction or limitation on the use of the language,
traditions, customs, and culture of persons in public or private
activities.
x. Preparing and introducing teaching materials, methods, or tools that
portray stereotypes or preconceptions, based on any of the criteria set
forth in Article 1.1 of this Convention.
xi. Denying access to public or private education, to fellowships, or to
educational loan programs, based on any of the criteria set forth in
Article 1.1 of this Convention.
xii. Denying access to any social, economic, and cultural rights, based
on any of the criteria set forth in Article 1.1 of this Convention.
xiii. Conducting research or applying the findings of research into the
human genome, particularly in the fields of biology, genetics, and
medicine, aimed at human selection or cloning that prevails over respect
for human rights, fundamental freedoms, and human dignity, generating
any form of discrimination based on genetic characteristics.
xiv. The restriction or limitation, based on any of the criteria set
forth in Article 1.1 of this Convention, of the right of every person,
to access and sustainably use water, natural resources, ecosystems,
biodiversity, and ecological services that are part of each state’s
natural heritage, protected by the relevant international instruments
and their own national laws.
xv. The restriction of access to public and private places with access
to the public, for the reasons set forth in Article 1.1 of this
Convention.
Article 5
The States Parties undertake to adopt the special policies and
affirmative actions needed to ensure the enjoyment or exercise of rights
and fundamental freedoms of persons or groups that are subject to
racism, racial discrimination, and related forms of intolerance for the
purpose of promoting equitable conditions for equal opportunity,
inclusion, and progress for such persons or groups. Such measures or
policies shall not be considered discriminatory or incompatible with the
purpose or intent of this Convention, shall not lead to maintaining
separate rights for different groups, and shall not be continued beyond
a reasonable period or after that objective has been achieved.
Article 6
The States Parties undertake to formulate and implement policies the
purpose of which is to provide equitable treatment and generate equal
opportunity for all persons in accordance with the scope of this
Convention, including policies of an educational nature, labor or social
measures, or any other kind of promotional policies and the
dissemination of legislation on the subject by all possible means,
including the mass media and the internet.
Article 7
The States Parties undertake to adopt legislation that clearly defines
and prohibits racism, racial discrimination, and related forms of
intolerance, applicable to all public authorities as well as to all
individuals or natural and legal persons, both in the public and in the
private sectors, particularly in the areas of employment; participation
in professional organizations; education; training; housing; health;
social protection; exercise of economic activity; access to public
services and other areas; and to repeal or amend any legislation that
constitutes or produces racism, racial discrimination, and related forms
of intolerance.
Article 8
The States Parties undertake to ensure that the adoption of measures of
any kind, including those on security matters, does not discriminate
directly or indirectly against persons or groups on the basis of any of
the criteria mentioned in Article 1.1 of this Convention.
Article 9
The States Parties undertake to ensure that their political and legal
systems appropriately reflect the diversity within their societies in
order meet the legitimate needs of all sectors of the population, in
accordance with the scope of this Convention.
Article 10
The States Parties undertake to ensure that the victims of racism,
racial discrimination, and related forms of intolerance receive
equitable and non-discriminatory treatment, equal access to the justice
system, expeditious and effective proceedings, and fair compensation in
the civil or criminal sphere, as applicable.
Article 11
The States Parties undertake to consider as aggravating those acts that
lead to multiple discrimination or acts of intolerance, i.e., any
distinction, exclusion, or restriction based on two or more of the
criteria set forth in Articles 1.1 and 1.3 of this Convention.
Article 12
The States Parties undertake to conduct research on the nature, causes,
and manifestations of racism, racial discrimination, and related forms
of intolerance in their respective countries, at the local, regional,
and national levels, and to collect, compile, and disseminate data on
the situation of groups or individuals that are victims of racism,
racial discrimination, and related forms of intolerance.
Article 13
The States Parties undertake, in accordance with their internal
legislation, to establish or designate a national institution that shall
be responsible for monitoring compliance with this Convention, and shall
inform the OAS General Secretariat of this institution.
Article 14
The States Parties undertake to promote international cooperation to
exchange ideas and experiences; and to execute programs aimed at
achieving the objectives of this Convention.
CHAPTER IV
Protective Mechanisms and Monitoring of the Convention
Article 15
In order to monitor the implementation of the commitments assumed by the
States Parties to this Convention:
i. Any person or group of persons, or nongovernmental entity legally
recognized in one or more member states of the Organization of American
States may submit to the Inter-American Commission on Human Rights
petitions containing reports or complaints of violations of this
Convention by a State Party. In addition, any State Party, when
depositing its instrument of ratification of, or accession to, this
Convention, or at any time thereafter, may declare that it recognizes
the competence of the Commission to receive and examine communications
in which a State Party alleges that another State Party has committed
violations of the human rights established in this Convention. In such
case, all the relevant procedural rules contained in the American
Convention on Human Rights as well as the Statutes and the Rules of
Procedure of the Commission shall be applicable.
ii. States Parties may consult the Commission on questions related to
the effective application of this Convention. They may also request the
Commission’s advisory assistance and technical cooperation to ensure
effective application of any provision of this Convention. The
Commission will, to the extent that it is able, provide the States
Parties with the requested advisory services and assistance.
iii. Any State Party may, when depositing its instrument of ratification
of, or accession to, this Convention, or at any time thereafter, declare
that it recognizes as binding, as a matter of law and without any
special agreement, the jurisdiction of the Inter-American Court of Human
Rights on all matters relating to the interpretation or application of
this Convention. In such case, all relevant procedural rules contained
in the American Convention on Human Rights as well as the Statutes and
Rules of Procedure of the Court shall be applicable.
iv. An Inter-American Committee for the Prevention and Elimination of
Racism, Racial Discrimination, and All Forms of Discrimination and
Intolerance shall be established and shall be comprised of one expert
appointed by each of the States Parties who shall execute his or her
functions in an independent manner and shall monitor the commitments
undertaken in this Convention. The Committee shall also be responsible
for monitoring the commitments undertaken in the Inter-American
Convention Against All Forms of Discrimination and Intolerance with
respect to the states that are parties thereto.
The Committee shall be established when the first of the Conventions
comes into force and its first meeting shall be convened by the General
Secretariat of the OAS as soon as the tenth instrument of ratification
of either Convention has been received. The first meeting of the
Committee shall be held at the Headquarters of the Organization three
months after its convocation for the purpose of declaring its
establishment, approving its Rules of Procedure and its working method,
and electing its officials. That meeting shall be presided over by the
representative of the country that deposits the first instrument of
ratification of the Convention which establishes the Committee.
v. The Committee shall be the forum for the exchange of ideas and
experience, as well as for examining progress made by the States Parties
in implementing this Convention and any circumstance or difficulty
affecting the extent of compliance therewith. Said Committee may
recommend to the States Parties that they adopt the appropriate
measures. For this purpose, the States Parties undertake to submit a
report to the Committee, within one year of its first meeting, with
respect to fulfillment of the obligations contained in this Convention.
The reports that the States Parties submit to the Committee shall also
contain disaggregated data and statistics on groups in situations of
vulnerability. Thereafter, the States Parties shall submit reports every
four years. The General Secretariat of the OAS shall give the Committee
any support it requires for the performance of its functions.
CHAPTER V
General Provisions
Article 16. Interpretation
1. No provision of this Convention shall be interpreted as restricting
or limiting a domestic law of any State Party that affords protections
and guarantees equal to or greater than those established in this
Convention.
2. Nothing in this Convention shall be interpreted as restricting or
limiting international human rights conventions that afford equal or
greater protections in this regard.
Article 17. Depository
The original instrument of this Convention, of which the English,
French, Portuguese, and Spanish texts are equally authentic, shall be
deposited with the General Secretariat of the Organization of American
States.
Article 18. Signature and Ratification
1. This Convention is open to signature and ratification by all member
states of the Organization of American States. After its entry into
force, this Convention shall be open to accession by all states that
have not signed it.
2. This Convention is subject to ratification by the signatory states in
accordance with the procedures set forth in their constitutions. The
instruments of ratification or accession shall be deposited with the
General Secretariat of the Organization of American States.
Article 19. Reservations
The States Parties may enter reservations to this Convention when
signing, ratifying, or acceding to it, provided that such reservations
are not incompatible with the aim and purpose of the Convention and
relate to one or more specific provisions thereof.
Article 20. Entry into Force
1. This Convention shall enter into force on the thirtieth day following
the date on which the second instrument of ratification of, or accession
to, the Convention is deposited with the General Secretariat of the
Organization of American States.
2. For each state that ratifies or accedes to the Convention after the
second instrument of ratification or accession has been deposited, the
Convention shall enter into force on the thirtieth day following deposit
by that state of the corresponding instrument.
Article 21. Denunciation
This Convention shall remain in force indefinitely, but any State Party
may denounce it through written notification addressed to the Secretary
General of the Organization of American States. The Convention shall
cease to have force and effect for the denouncing state one year after
the date of deposit of the instrument of denunciation, and shall remain
in force for the other States Parties. Such denunciation shall not
exempt the State Party from the obligations imposed upon it under this
Convention in respect of any action or omission prior to the date on
which the denunciation takes effect.
Article 22. Additional Protocols
Any State Party may submit for the consideration of the States Parties
gathered during the General Assembly draft protocols in addition to this
Convention, with a view to gradually including other rights within its
system of protection. Each protocol shall determine the manner of its
entry into force and shall be applied only among the States Parties to
it.