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The Committee on the Elimination of Racial Discrimination Does this mechanism apply to the country in which you are interested? About the Committee on the Elimination of Racial Discrimination The mandate of the Committee on the Elimination of Racial Discrimination What this mechanism can do to assist you How the Committee investigates a complaint How to submit an individual application Further information about the Committee on the Elimination of Racial Discrimination Does this mechanism apply to the country in which you are interested? This section deals with the individual complaints procedure of the Committee on the Elimination of Racial Discrimination. This procedure only applies to states which are a party to (in other words are members of) the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and have made a declaration under Article 14 of CERD. To find out if the complaints procedure applies to the country you are interested in click here Note on how to use this link This link will bring you to a list of countries. If the country you are interested in is on this list, then the complaints procedure applies to that country. Use your browser's "back" button to return to this page. About the Committee on the Elimination of Racial Discrimination The Committee on the Elimination of Racial Discrimination was set up under an international treaty called the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). The CERD sets out the measures that states which are a party to the Convention must take to eliminate racial discrimination. For a copy of the CERD click here. The role of the Committee on the Elimination of Racial Discrimination is to ensure that states which are a party to the CERD meet their obligations set out in the CERD to take action to eliminate racial discrimination. The Committee is a treaty body and it has treaty (international legal) powers . The powers enable the Committee to check whether states are meeting their legal obligations under the CERD. The Committee is made up of 18 persons who serve in their personal capacity. It meets twice a year at the United Nations in Geneva. The Mandate of the Committee on the Elimination of Racial Discrimination The Committee on the Elimination of Racial Discrimination can investigate allegations of violations of the rights set out in the CERD. The rights set out in the CERD include the following: The right to equal treatment before tribunals, the right to security of person, the right to participate in elections, the right to a nationality, the right to inherit and the right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks. These rights are described in Article 5 of the CERD. An Article is a paragraph in which a specific right and the manner in which the state must protect that right is described. To read Article 5 view the full text of the CERD by clicking on the link contained in the section About the Committee on the Elimination of Racial Discrimination. The CERD calls on states to establish national institutions to consider complaints under the CERD. If the country you are interested in has established such an institution, then you must submit your complaint to that institution in the first instance. If the country you are interested in has not established such a national institution, then you can submit your complaint directly to the Committee on the Elimination of Racial Discrimination. What this mechanism can do to assist you If you are the victim of a violation of any of the human rights set out in the CERD, or are representing a victim, you can submit a complaint to the Committee on the Elimination of Racial Discrimination. Remember, you should make sure that this mechanism applies to the country you are interested in (see the top of this page). The Committee on the Elimination of Racial Discrimination may decide to investigate your complaint, and, if it thinks that in your case the state concerned may be in violation of the CERD, it can take action. If the Committee decides there has been a violation of the CERD it can declare the state to be in violation of the CERD and make suggestions and recommendations to the state concerned. How the Committee investigates a complaint 1. Admissibility The first thing the Committee does when it receives a complaint is decide whether or not it will accept the complaint. A complaint which the Committee decides to accept is called "admissible" and a complaint which the Committee decides not to accept is called "inadmissible". The complaint must contain the minimum information required (see the section How to send a complaint to the Committee). In addition, it must contain reliable information about the alleged violation of one or more rights set out in the CERD. 2. Consideration of a complaint by the Committee Once a complaint has been declared "admissible" the Committee can bring the complaint confidentially to the attention of the state concerned. The Committee does not reveal the name of the individual or organisation which submitted the complaint without their consent. When the state has presented its comments on the complaint the Committee then debates the matter. It then decides whether there has been a violation of the CERD or not. The Committee may also make suggestions and recommendations which are transmitted to both the individual or organisation which submitted the complaint and the state concerned. How to send a complaint to the Committee on the Elimination of Racial Discrimination Complaints concerning a violation of one or more of the rights set out in the CERD should be sent to the Committee on the Elimination of Racial Discrimination in writing. There is no formal procedure or standard application form for submitting a complaint to the Committee. At the top of you complaint you should write " Communication submitted under Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination". Your complaint should include the following information:
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