UNCERD: UN Committee on Elimination of Racial Discrimination and India

Know about UNCERD, its functions, ICERD, composition, Article 14, and India’s objections to its observations on caste-based discrimination.

Table of Contents

Context

India has rejected observations by the UN Committee on the Elimination of Racial Discrimination (UNCERD)following its 11th periodic review in Geneva, describing them as politically motivated and malicious.

About UNCERD

Nature: Independent UN human rights treaty body that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
Composition: Comprises 18 independent experts.
Parent Treaty:ICERD, adopted in 1965 and entered into force in 1969.
Secretariat Support: Supported by the Office of the UN High Commissioner for Human Rights (OHCHR).

Key Functions

Periodic Review: Examines reports submitted by States on measures taken to eliminate racial discrimination.
Concluding Observations: Issues findings and recommendations on progress, concerns and follow-up measures after reviewing a State’s record.
Early Warning: Identifies situations involving serious racial or ethnic tensions and can recommend preventive action.
Complaints: Can consider Inter-State disputes and individual communications where a State has accepted its competence under Article 14 of ICERD.

UNCERD and India

Ratification: India signed ICERD in 1967 and ratified it in 1968.
Domestic Framework:Articles 14, 15, 16 and 17 of the Constitution, along with the Protection of Civil Rights Act, 1955 and SC/ST (Prevention of Atrocities) Act, 1989, address equality and discrimination.
Caste Issue: India maintains that caste-based discrimination is distinct from racial discrimination and is addressed through India’s constitutional and legal framework.
India’s Objection: India rejected the Committee’s observations, particularly its treatment of caste-related discrimination within the racial-discrimination framework, and termed the remarks politically motivated and malicious.