A PROJECT FILE IS SUBMITTED TO

RAYAT COLLEGE
OF LAW

IN PARTIAL FULFILLMENT OF THE

REQUIREMENT OF
COURSE B.A. LL.B (HONS.)
SEMESTER IX SECTION B
SUBJECT: INTERNATIONAL HUMAN RIGHTS

1
PROJECT ON “INTERNATIONAL CONVENTION ON THE ELIMINATION OF
ALL FORMS OF RACIAL DISCRIMINATION (ICERD) ”

SUBMITTED TO: SUBMITTED BY:

MS. PARVEEN JOSHI YASHASHVI SINGH
RAYAT COLLEGE OF B.A.LL.B (HONS.)
LAW SECTION B SEM IX
ROLL NO. 18123

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 ACKNOWLEDGEMENT

First and foremost, praises and thanks to the God, the Almighty, for his showers of blessings throughout
my research work to complete the research successfully. I would like to express my deep and sincere
gratitude to my research supervisor, Ms. Parveen Joshi , Assistant Professor of Law in, Rayat College of
Law, Railmajra for giving me this opportunity to do research and providing invaluable guidance
throughout this research. Her dynamism, vision, sincerity and motivation have deeply inspired me. She
has taught me the methodology to carry out the research and to present the research works as clearly as
possible. It was a great privilege and honor to work and study under her guidance. I am extremely
grateful for what she has offered me.
I am extremely grateful to my parents for their love, prayers, caring and sacrifices for educating and
preparing me for my future. I am very much thankful to my friends and classmates for their love,
understanding, prayers and continuing support to complete this research week. My Special thanks goes
to my teacher for the keen interest shown to complete this thesis successfully.

Yashashvi Singh

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 TABLE OF CONTENTS
1. Introduction………………………………………………………………………5
2. What is ICERD?....................................................................................................5
3. Historical background…………………………………………………………5-6
• The post-war era and human rights
• Rise of decolonization and civil rights movements
• Drafting of the ICERD
• Structure of the ICERD
4. Preamble…………………………………………………………………………6
5. Definition of racial discrimination (article 1)……………………………………6
6. State obligations under the ICERD…………………………………………....6-7
7. Monitoring and enforcement mechanisms…………………………………….7-8
8. Key themes and principles…………..……………………………………….8-10
9. Challenges to implementation………………………………………………10-11
10. Significant cases and precedents………………………………………….……11
11. Impact of ICERD on states………………………………………………….11-12
12. The road ahead: addressing contemporary challenges……………………...12-13
13. Stolen generation case…………………………………………….......…….13-16
14. Conclusion……...………………………………………………………………17
15. Bibliography………...………………………………………………………….17

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INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS
OF RACIAL DISCRIMINATION (ICERD)

INTRODUCTION
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a
significant international human rights treaty adopted in 1965 by the United Nations (UN). It reflects the
global community's commitment to eliminating racial discrimination and promoting equality among all
races. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
was adopted by the United Nations General Assembly on December 21, 1965, and entered into force on
January 4, 1969. It is one of the first human rights treaties developed under the auspices of the UN, and
it remains a cornerstone in the global fight against racism.
The convention was adopted in response to the surge of nationalist and racist movements post-World
War II, such as apartheid in South Africa, segregation in the United States, and colonial racism in many
parts of the world. Its adoption marked a critical point in addressing the structural and institutional
aspects of racial discrimination at both national and international levels.1

WHAT IS ICERD?
ICERD is considered to be the only international legal instrument specifically addressing
comprehensive issues of racial discrimination. It established an expert body of 18 independent experts
responsible for monitoring the implementation of the Convention s provisions. One of the important
aspects of ICERD is its coverage of rights not only of individuals but also of collectives, as indicated,
for example, in Article 2 (a): each State Party undertakes to engage in no act or practice of racial
discrimination against persons, groups of persons or institutions. This is particularly significant for
minority groups and indigenous peoples whose collective rights are often subject to discrimination.

HISTORICAL BACKGROUND
The Post-War Era and Human Rights
Following World War II, the international community was profoundly aware of the dangers posed by
racism and racial discrimination, as evidenced by the atrocities of the Holocaust and other race-based
persecutions. The war's end brought about a renewed focus on human rights, leading to the
establishment of the United Nations in 1945 and the adoption of the Universal Declaration of Human
Rights (UDHR) in 1948. The UDHR affirmed the equality of all people and their right to live free from
discrimination, including racial discrimination. 2

1 https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial
2 https://www.coe.int/en/web/compass/convention-on-the-elimination-of-racism-and-discrimination

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Rise of Decolonization and Civil Rights Movements
The mid-20th century also witnessed the decolonization of Africa, Asia, and the Caribbean. Former
colonies, particularly in Africa and the Caribbean, were emerging as independent states and becoming
members of the United Nations. These new nations were deeply concerned about the ongoing
discrimination against people of African descent and other racial minorities both within their own
borders and globally.
At the same time, the civil rights movement in the United States was gaining momentum, particularly
with regard to the African American population's struggle for equal rights and the end of systemic
racism. The growing demands for racial justice, from both newly independent nations and civil rights
activists, placed pressure on the international community to adopt a stronger, legally binding instrument
to combat racial discrimination. 3
Drafting of the ICERD
In response to these global demands, the United Nations General Assembly began drafting a treaty
aimed at eliminating racial discrimination. On December 21, 1965, the International Convention on the
Elimination of All Forms of Racial Discrimination was adopted by the UN General Assembly. It entered
into force on January 4, 1969, and has since become one of the most widely ratified human rights
treaties, with over 180 state parties as of 2023.
Structure of the ICERD
The ICERD is divided into a preamble and 25 articles. The preamble acknowledges the adverse effects
of racial discrimination and reaffirms the principles of equality and non-discrimination outlined in the
UDHR. The articles set out the obligations of state parties to eliminate racial discrimination and
establish a framework for monitoring and enforcing these obligations.

PREAMBLE
The preamble of the ICERD highlights the necessity of combating racial discrimination and recognizes
the inherent dignity and equality of all individuals. It references the UN Charter, the Universal
Declaration of Human Rights, and other key international human rights documents to emphasize that all
human beings are entitled to equality and should be free from racial discrimination.
The preamble also underscores that racial barriers hinder peace and security, and as such, eliminating
racial discrimination is essential for maintaining international harmony.

DEFINITION OF RACIAL DISCRIMINATION (ARTICLE 1)

3 https://academic.oup.com/book/46660/chapter/410129908

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Article 1 of the ICERD provides a comprehensive definition of racial discrimination. It defines racial
discrimination as:
“Any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic
origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise,
on an equal footing, of human rights and fundamental freedoms in the political, economic, social,
cultural or any other field of public life.”
This definition not only includes direct racial discrimination but also indirect forms of discrimination,
where seemingly neutral practices have disproportionate negative impacts on racial or ethnic groups.

STATE OBLIGATIONS UNDER THE ICERD

The ICERD imposes a variety of obligations on states that ratify the treaty. These obligations are central
to the effective elimination of racial discrimination.
1. Condemn Racial Discrimination (Article 2): States are required to condemn and pursue
policies to eliminate racial discrimination in all its forms. This includes prohibiting both public
and private racial discrimination and taking steps to prevent racial discrimination by any
individuals, groups, or organizations.
2. Ensure Equal Rights (Article 5): States are obligated to guarantee the right of everyone to
equality before the law without distinction as to race, color, or national or ethnic origin. This
includes rights such as the right to security, political participation, employment, education, and
access to public services.
3. Prohibit Racist Propaganda (Article 4): States are required to outlaw and penalize the
dissemination of ideas based on racial superiority or hatred and the promotion of racist violence.
This includes making organizations or activities that promote and incite racial discrimination
illegal.
4. Education and Information Campaigns (Article 7): States must take immediate and effective
measures, particularly in the fields of teaching, education, culture, and information, to combat
racial prejudices and promote understanding, tolerance, and friendship among nations and racial
or ethnic groups. 4

MONITORING AND ENFORCEMENT MECHANISMS

The ICERD establishes several mechanisms to ensure that states adhere to their obligations under the
convention.

1. Committee on the Elimination of Racial Discrimination (CERD): The CERD is a body of

independent experts that monitors the implementation of the ICERD by its state parties. States

4 https://www.refworld.org/legal/agreements/unga/1965/en/13974

7
 that have ratified the ICERD must submit regular reports to the CERD detailing the steps they
have taken to implement the convention.
2. State Reporting System: State parties are required to submit their initial report one year after
joining the convention, and then subsequent reports every two years or as requested by the
committee. The CERD reviews these reports and provides recommendations or observations
based on the progress and challenges reported by the state.
3. Communications Procedure (Article 14): State parties can recognize the competence of the
CERD to receive and consider individual complaints or communications from individuals or
groups claiming to be victims of racial discrimination. However, not all state parties accept this
procedure.
4. Inter-State Complaints: The ICERD also provides for the possibility of one state party to lodge a
complaint against another state party if it believes that the latter is not fulfilling its obligations
under the convention. However, this mechanism has rarely been used.

KEY THEMES AND PRINCIPLES

Key Themes of ICERD
1. Elimination of Racial Discrimination:
o Definition and Scope: ICERD defines racial discrimination broadly, encompassing not
only overt acts of discrimination but also any policies or practices that have
discriminatory effects, regardless of intent. This includes discrimination based on race,
color, descent, national or ethnic origin.
o Comprehensive Approach: States are required to eliminate discrimination in all areas of
public and private life, including employment, education, housing, and access to services.
2. Promotion of Equality:
o Equal Rights and Opportunities: The convention mandates that all individuals enjoy
equal rights and opportunities. States are encouraged to adopt affirmative measures to
ensure substantive equality, recognizing that formal equality may not suffice in
addressing historical and systemic disadvantages faced by certain groups.
o Active Measures: This includes policies aimed at correcting imbalances, such as quotas
or targeted programs for underrepresented groups.
3. Respect for Human Dignity:
o Inherent Dignity: ICERD emphasizes the inherent dignity of every individual, asserting
that racial discrimination violates this dignity. The convention aims to foster an
environment where all individuals can live without fear of discrimination.
o Cultural Respect: The recognition of diverse cultural identities is crucial, promoting the
idea that all cultures should be valued and respected.

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 4. Legal Framework and Accountability:
o Legislative Obligations: States are required to enact laws prohibiting racial
discrimination and to ensure these laws are effectively enforced. This includes
establishing mechanisms for legal redress for victims.
o Accountability Mechanisms: The convention establishes the Committee on the
Elimination of Racial Discrimination (CERD), which monitors compliance and provides
guidance on best practices.
5. Education and Awareness:
o Role of Education: ICERD highlights the importance of education in combating racial
prejudice. It calls for educational programs that promote understanding, tolerance, and
respect for diversity.
o Public Awareness Campaigns: States are encouraged to conduct campaigns to raise
awareness about the negative impacts of racial discrimination and the importance of
equality.
6. International Cooperation:
o Global Responsibility: ICERD recognizes that racial discrimination is a global issue
requiring international collaboration. It calls for states to work together to share best
practices and resources to combat discrimination.
o Support for Developing Countries: The convention emphasizes the need for assistance
to developing nations in their efforts to eliminate racial discrimination and promote
equality.
Core Principles of ICERD
1. Non-Discrimination:
o Fundamental Principle: Non-discrimination is at the heart of ICERD. It asserts that all
individuals must enjoy their rights without any form of discrimination based on race or
ethnicity.
o Universal Application: This principle applies universally, obligating states to uphold the
rights of all individuals within their jurisdictions, including citizens and non-citizens.
2. Participation and Inclusion:
o Active Participation: The convention encourages the active participation of all racial
and ethnic groups in political, social, and economic spheres. This includes ensuring
representation in government and decision-making processes.
o Empowerment: Empowering marginalized communities to engage fully in society is a
crucial aspect of promoting equality.

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 3. Recognition of Diversity:
o Valuing Cultural Diversity: ICERD acknowledges the importance of cultural diversity
and promotes respect for the cultural identities of various groups. This respect is essential
for social cohesion.
o Cultural Rights: States are encouraged to protect and promote the cultural rights of
racial and ethnic minorities, allowing them to maintain their identities and practices.
4. State Responsibility:
o Obligations of States: States have a primary responsibility to implement the provisions
of ICERD. This includes taking proactive steps to prevent discrimination and protect
individuals' rights.
o Institutional Framework: States must establish and maintain institutions to address
racial discrimination, including national human rights institutions.
5. Monitoring and Reporting:
o Committee Oversight: The establishment of CERD provides a mechanism for
monitoring state compliance. States must submit periodic reports detailing their efforts to
eliminate racial discrimination.
o Recommendations and Follow-up: The committee reviews these reports, issues
recommendations, and may engage in dialogue with states to enhance compliance.
6. Victim Support and Remedies:
o Effective Remedies: ICERD emphasizes the necessity for effective legal remedies for
individuals who experience racial discrimination. This includes access to justice and
support services for victims.
o Awareness of Rights: States should ensure that individuals are aware of their rights
under the convention and have access to mechanisms for reporting and addressing
discrimination.

CHALLENGES TO IMPLEMENTATION
Despite the wide ratification of the ICERD, with over 180 countries having ratified the convention,
many challenges remain in its implementation. Some of these include:

1. Lack of Political Will: Some governments have been reluctant to fully implement the provisions
of the ICERD due to political, social, or economic reasons. Institutional racism and
discriminatory laws often remain deeply ingrained in the legal and political systems of some
countries.

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 2. Non-Compliance with Reporting: Many countries fail to submit their periodic reports to the
CERD on time, or their reports do not provide adequate information on their efforts to combat
racial discrimination.

3. Underutilization of the Communications Procedure: While the ICERD allows individuals to

file complaints, this procedure is underutilized, partly due to lack of awareness, fear of
retaliation, or political pressures.
4. Intersectionality: The convention primarily focuses on race and ethnicity but does not address
intersectionality sufficiently, where individuals face discrimination based on multiple factors
such as race, gender, religion, and class. The complexity of these overlapping forms of
discrimination poses a challenge to the full realization of the convention’s goals.

SIGNIFICANT CASES AND PRECEDENTS

The ICERD has been invoked in several significant cases and has influenced the development of both
international and national law on racial discrimination.

1. The D.H. and Others v. the Czech Republic Case :

In this case, the European Court of Human Rights found that the Czech Republic’s practice of placing
Romani children in special schools for individuals with learning disabilities amounted to indirect racial
discrimination. This judgment drew upon principles from the ICERD and set a major precedent for
combating systemic racism in education 5.
2. South Africa’s Transition from Apartheid:
The ICERD played a critical role in international efforts to combat apartheid in South Africa. The
convention was used as a tool to pressure the South African government and to justify sanctions and
other international measures aimed at dismantling the apartheid regime.
3. Australia and the Stolen Generations:
Australia’s implementation of the ICERD was scrutinized concerning its historical policies of forcibly
removing Indigenous children from their families, known as the “Stolen Generations.” International
pressure, partly arising from Australia’s obligations under the ICERD, contributed to greater recognition
of the need for reparations and reconciliation.

IMPACT OF ICERD ON STATES

5 1. the D.H. v. The Czech Republic Case, 2007

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 Since the entry into force of ICERD, changes in various countries have been attributed to the positive
impact of the Convention. These include:
• amendments to national constitutions to include provisions prohibiting racial discrimination;
• systematic reviewing of existing laws and regulations leading to the amendment of those which
tend to perpetuate racial discrimination, or the passing of new laws to satisfy the requirements of
the Convention;
• making incitement to acts of racial discrimination and racial violence a punishable offence;
• legal guarantees and enforcement procedures against discrimination relating to the security of
persons, political rights, employment, housing, education, or access to areas and facilities
intended for use by the general public;
• educational programmes aimed at promoting good relations and tolerance between racial and
ethnic groups;
• creation of institutions and agencies to deal with problems of racial discrimination and to protect
the interests of indigenous groups; and,
• governments seeking technical assistance from the UN in such matters as anti-discrimination
legislation and remedies to victims
The ICERD has had a profound impact on international human rights law and has contributed
significantly to the fight against racial discrimination worldwide. It has provided a common framework
for states to develop national anti-discrimination legislation and policies, and it has promoted greater
international cooperation on issues of race and ethnicity.

THE ROAD AHEAD: ADDRESSING CONTEMPORARY CHALLENGES

As racial discrimination continues to manifest in different forms worldwide, the ICERD remains as
relevant as ever. However, several contemporary challenges demand attention:
1. Racism in the Digital Age: The rise of social media and digital platforms has facilitated the
spread of racist hate speech and propaganda. States must adapt their laws and policies to
address online formsof racial discrimination. Combatting cyber racism, hate speech, and
online incitement to violence is a growing challenge, especially as these forms of
discrimination can transcend national borders and are often harder to regulate. International
cooperation and the involvement of digital platforms will be essential in addressing these
issues.
2. Racial Profiling and Discriminatory Policing: In many countries, racial profiling and
discriminatory practices by law enforcement continue to be major concerns. Individuals from
minority racial or ethnic groups are often disproportionately targeted by police, face harsher
sentencing, and are more likely to be incarcerated. These practices perpetuate systemic racial
inequalities in the criminal justice system and undermine public trust in law enforcement.

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 The killing of George Floyd in the United States in 2020 and the global protests that followed
highlighted the enduring problem of racial discrimination in policing, not only in the U.S. but
around the world. Such incidents have intensified calls for systemic reform and for the
elimination of practices such as racial profiling and excessive use of force against minorities.

3. Discrimination Against Migrants and Refugees: Migrants and refugees often face intense
racial discrimination, particularly in contexts where xenophobia and anti-immigrant sentiment
are prevalent. In many countries, migrants are subjected to exclusion from social services,
poor working conditions, and even violence, often exacerbated by racial or ethnic prejudice.
The ICERD calls for equal treatment of all individuals, including non-citizens, but many
states struggle to implement these protections effectively. The situation of Rohingya refugees
in Myanmar, African migrants in Europe, and Hispanic immigrants in the United States are
some examples where racial and ethnic discrimination against migrants remains a pressing
issue.
4. Institutional Racism: Institutional or systemic racism refers to entrenched racial
discrimination within the structures and operations of institutions such as governments,
corporations, and educational systems. These forms of discrimination are often subtle,
existing in policies or practices that disproportionately disadvantage certain racial or ethnic
groups, even without explicit racist intent.
5. Intersectionality and Discrimination: Increasingly, scholars and human rights advocates are
recognizing the importance of addressing intersectionality—how different forms of
discrimination, such as racism, sexism, and classism, intersect and create compounded forms
of disadvantage. For example, women from racial minorities often face both racial and gender
discrimination in the workplace, and their experiences cannot be fully understood without
addressing both dimensions.
The ICERD focuses primarily on racial discrimination, but addressing intersectionality requires a
broader approach that takes into account multiple, overlapping systems of oppression. This also
necessitates stronger collaboration between the ICERD and other international conventions and
frameworks, such as the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW).

STOLEN GENERATION CASE

The Stolen Generations refers to the tragic period in Australian history when Indigenous children,
mostly of mixed Aboriginal and European descent, were forcibly removed from their families by
Australian federal and state government agencies and church missions. These removals occurred
between approximately 1910 and the 1970s under official government policies aimed at assimilating
Indigenous children into white society.

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Key Elements of the Stolen Generations Case:
1. Government Policies and Laws:
• The removals were sanctioned by laws passed by the Australian federal and state governments.
Policies were based on the belief that Indigenous people were a "dying race" and that
assimilation was necessary.
• The Aborigines Protection Act 1909 in New South Wales, for instance, allowed the government
to legally remove Aboriginal children from their families. Similar laws were enacted in other
states.
• Children were taken without parental consent or court orders, often under the pretense that they
were being removed for their own welfare. However, most of the removals were driven by racist
beliefs and the desire to integrate Indigenous children into mainstream society.
2. Assimilation Policy:
• The government's goal was to assimilate Aboriginal children by placing them in institutions,
white foster homes, or missions. The idea was that they would "blend" into white society,
eventually losing their cultural identity.
• Children were often given new names and forbidden from speaking their native languages or
practicing cultural traditions. They were taught to reject their heritage, leading to significant
cultural dislocation.
3. Impact on Families and Communities:
• The removal of children devastated families and communities. Children were taken as babies or
toddlers, and many never saw their biological families again.
• Families were left in mourning, and the psychological and cultural trauma persisted across
generations.
• The loss of language, cultural traditions, and family ties had long-lasting effects on the identity
and mental health of both the children taken and the families left behind.
4. Legal and Social Recognition:
• In 1997, the "Bringing Them Home" report was released by the Australian Human Rights and
Equal Opportunity Commission, which investigated the history and effects of these forced
removals. The report contained numerous harrowing testimonies from survivors and families
and recommended reparations and an official apology.
• The report estimated that between 10% and 33% of all Indigenous Australian children were
forcibly removed during the Stolen Generations period.
5. Apology and Reparations:
• For many years, there was debate over whether the Australian government should issue a formal
apology. This culminated in then-Prime Minister *Kevin Rudd’s apology* to the Stolen
Generations on February 13, 2008. His speech was a historic moment in acknowledging the
wrongs done to Indigenous Australians.

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 • The apology was a significant step toward reconciliation, although some have argued that more
needs to be done in terms of compensation and healing the deep wounds caused by these
policies.

6. Legal Challenges and Compensation:

• Many survivors of the Stolen Generations have sought legal redress, but their cases have been
complicated by the passage of time and difficulties in proving direct harm under Australian law.

Landmark Legal Cases

The search for justice led to several high-profile legal cases.
• Cubillo v Commonwealth (2000): This was a major case where two members of the Stolen
Generations, Peter Gunner and Lorna Cubillo, sued the Australian government for wrongful
removal. They claimed they had been forcibly removed as children without parental consent and
subjected to harsh conditions in institutions. Despite emotional testimonies, the case was
dismissed because the court ruled that the plaintiffs failed to prove that their removals were
unlawful under the laws in place at the time.
• Trevorrow v South Australia (2007): In this case, Bruce Trevorrow was awarded $525,000 in
compensation, making it one of the few successful claims for a Stolen Generations survivor.
Trevorrow was taken from his family as a baby in 1957 and placed in a white foster home,
without his parents’ knowledge or consent. The court found the South Australian government
guilty of breaching its duty of care.
These cases illustrated both the difficulty of seeking justice and the evolving legal recognition of the
harms done to the Stolen Generations.

Impact on Culture and Identity

• The Stolen Generations suffered profound cultural dislocation. Children were often placed in
institutions where they were forbidden from practicing their traditional cultures, speaking their
languages, or maintaining their connections to their families and communities.
• Many survivors grew up without knowledge of their Aboriginal identity or cultural heritage. This
loss of cultural identity led to long-term psychological trauma, feelings of alienation, and identity
confusion.
• In recent decades, there has been a resurgence of efforts to reconnect survivors with their
cultures, languages, and traditional practices, as part of a broader movement for cultural revival
and healing within Indigenous communities.

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The "Bringing Them Home" Report
• Released in 1997, the Bringing Them Home report played a pivotal role in raising national
awareness about the Stolen Generations. The report, based on the testimonies of over 500
Aboriginal and Torres Strait Islander people, provided a detailed account of the removal policies
and their effects on individuals and communities.
• The report made several recommendations, including:
o A formal apology from all Australian parliaments.
o Reparations, including monetary compensation.
o Public education and acknowledgment of the Stolen Generations’ experiences.
o The establishment of services to help reconnect Stolen Generations with their families and
communities.
• The report was met with mixed responses. While many welcomed its recommendations, there
was resistance from some political figures, particularly around the issue of reparations and a
formal apology.

Kevin Rudd's Apology and its Significance

• On February 13, 2008, Prime Minister Kevin Rudd issued a formal apology on behalf of the
Australian government. The apology was a landmark moment, acknowledging the immense
suffering caused by the policies of removal and the ongoing impact of this trauma.
• Rudd’s speech stated: “We apologize for the laws and policies of successive Parliaments and
governments that have inflicted profound grief, suffering and loss on these our fellow
Australians.”
• The apology was widely celebrated by Indigenous communities, Stolen Generations survivors,
and their descendants. However, it did not include a commitment to financial reparations, which
has remained a point of contention.

Conclusion
The Stolen Generations case is a powerful and tragic example of systemic injustice fueled by racial
ideologies and colonial policies. The Stolen Generations case remains one of the most painful and
unresolved legacies of colonialism and assimilation policies in Australia. While significant progress has
been made in acknowledging the suffering caused by these policies, survivors and their families
continue to seek justice, healing, and recognition. The case highlights the importance of truth-telling,
legal redress, and ongoing efforts toward reconciliation in healing historical injustices.

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CONCLUSION
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
remains one of the most important and comprehensive international human rights instruments aimed at
eradicating racial discrimination. While much progress has been made in the fight against racial
inequality, the persistence of both overt and subtle forms of racial discrimination highlights the
continued relevance of the ICERD.
The success of the ICERD depends not only on the willingness of states to implement its provisions but
also on the active engagement of civil society, regional organizations, and international institutions in
holding governments accountable and promoting equality.
Looking ahead, the global community must continue to adapt the principles of the ICERD to address
new challenges, including digital racism, environmental racism, and intersectional discrimination. By
doing so, the convention can continue to serve as a powerful tool in the ongoing struggle for racial
justice and human dignity.

BIBLIOGRAPHY

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-
forms-racial

https://legal.un.org/avl/ha/cerd/cerd.html

https://ruralindiaonline.org/en/library/resource/international-convention-on-the-elimination-of-all-forms-of-
racial-discrimination/

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