On the accession of the Republic of Kazakhstan to the International Convention on the Elimination of All Forms of Racial Discrimination

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Law of the Republic of Kazakhstan dated June 29, 1998 No. 245

The Republic of Kazakhstan should join the International Convention on the Elimination of All Forms of Racial Discrimination, adopted on December 21, 1965.

President N. Nazarbayev of the Republic of Kazakhstan

International Convention on the Elimination of All Forms of Racial Discrimination (adopted by Resolution of the UN General Assembly on December 21, 1965)

The preamble

The States Parties to this Convention, Considering that the Charter of the United Nations is based on the principles of dignity and equality inherent in every human being, and that all States - The Members of the Organization pledged to take joint and independent actions in cooperation with the United Nations to achieve one of the goals of the United Nations, which is to promote and promote universal respect for and observance of rights and fundamental freedoms for all, without distinction between race, sex, language and religion, considering that the Universal Declaration of Human Rights proclaims that all People are born free and equal in dignity and rights, and that everyone should have all the rights and freedoms set forth therein, regardless of any difference., in particular, without distinction based on race, skin color or national origin, Considering that all people are equal before the law and have the right to equal protection of the law from all discrimination and from all incitement to discrimination, Considering that the United Nations has condemned colonialism and all related practices of segregation and discrimination, wherever and in whatever form they appear, and that the Declaration on the Granting of Independence to Colonial Countries and Peoples of December 14, 1960 (General Assembly resolution 1514 (XV)) reaffirmed and solemnly proclaimed the need to put an end to all this immediately and unconditionally, considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of November 20, 1963 (General Assembly resolution (XVIII)) Solemnly reaffirms the need to eliminate racial discrimination throughout the world as soon as possible, in all its forms and manifestations, and to ensure understanding and respect for the dignity of the human person, convinced that any theory of superiority based on racial differences is scientifically false, morally reprehensible and social - It is unfair and dangerous and that there can be no justification for racial discrimination anywhere, either in theory or in practice, affirming that discrimination against people based on race, skin color or ethnic origin is an obstacle to friendly and peaceful relations between nations and can lead to a violation of peace and security among peoples as well as the harmonious realization of individuals even within the same State, being convinced that the implementation of racial barriers is contrary to the ideals of human society, Alarmed by the manifestations of racial discrimination still occurring in some parts of the world, as well as Government policies based on the principle of racial superiority or racial hatred, such as policies of apartheid, segregation or separation, determined to take all necessary measures to eliminate racial discrimination in all its forms and manifestations as soon as possible and to prevent and eradicate racist theories and practices of their implementation in order to promote understanding between races and create an international community, free from all forms of racial segregation and racial discrimination, Bearing in mind the Convention on Discrimination in Employment and at Work, adopted by the International Labour Organization in 1958, and the Convention on the Prevention of Discrimination in Education, adopted by the United Nations Educational, Scientific and Cultural Organization in 1960, desiring to implement the principles set out in The United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and to ensure that practical measures are taken as soon as possible to achieve this goal., have agreed on the following:

Part I

Article 1

1. For the purposes of this Convention, the term "racial discrimination" means any distinction, exclusion, restriction or preference based on race, skin color, descent, national or ethnic origin, with the aim or consequence of nullifying or impairing the recognition, use or exercise on an equal basis of human rights and fundamental freedoms in political, economic, social, cultural or any other areas of public life. 2. This Convention does not apply to distinctions, exceptions, restrictions or preferences that States Parties to this Convention make or make between citizens and non-citizens. 3. Nothing in this Convention may be interpreted as affecting in any way the provisions of the legislation of the States Parties concerning nationality, nationality or naturalization, provided that such regulations do not discriminate against any particular nationality. 4. The adoption of special measures solely for the purpose of ensuring the proper progress of certain racial or ethnic groups or individuals in need of protection that may be necessary to ensure that such groups or individuals enjoy and exercise human rights and fundamental freedoms on an equal basis is not considered racial discrimination, provided, however, that such measures do not as a consequence, special rights for different racial groups and that they will not remain in force after achieving the goals for which they were introduced.

Article 2

1. The Participating States condemn racial discrimination and undertake to pursue, without delay, in all possible ways, a policy of eliminating all forms of racial discrimination and promoting understanding among all races, and to this end: (a) Each Participating State undertakes not to commit any acts or actions related to racial discrimination against individuals, groups or institutions., and ensure that all government agencies and government agencies, both national and local, act in accordance with this commitment; (b) Each State Party undertakes not to promote, protect or support racial discrimination by any person or organization; (c) Each State Party should take effective measures to review government policies at the national and local levels, as well as to correct, repeal or repeal any laws and regulations leading to the emergence or perpetuation of racial discrimination wherever it exists; (d) Each State Party should, by all appropriate means, including legislative measures, as appropriate, prohibit and put an end to racial discrimination by any person, group or organization; (e) Each State Party undertakes to promote, as appropriate, multiracial organizations and movements, as well as as well as other measures aimed at destroying racial barriers, and not to support those that contribute to the deepening of racial division. 2. States parties should take, where circumstances so require, special and specific measures in the social, economic, cultural and other fields to ensure the adequate development and protection of certain racial groups or persons belonging to them in order to guarantee them the full and equal enjoyment of human rights and fundamental freedoms. In no case should such measures result in the preservation of unequal or special rights for different racial groups after achieving the goals for which they were introduced.

Article 3

The Participating States particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in the territories under their jurisdiction.

Article 4

The Participating States condemn all propaganda and all organizations based on ideas or theories of the superiority of one race or group of persons of a particular skin color or ethnic origin, or attempting to justify or promote racial hatred and discrimination in any form, and commit themselves to take immediate and positive measures aimed at eliminating any incitement to such discrimination or acts of discrimination, and to this end they are in accordance with the principles contained in the Universal Declaration of Human Rights and the rights of, as clearly set out in article 5 of this Convention, inter alia: (a) Criminalizes any dissemination of ideas based on racial superiority or hatred, any incitement to racial discrimination, as well as all acts of violence or incitement to such acts directed against any race or group of persons of a different skin color or ethnic origin, as well as providing any assistance for carrying out racist activities, including its financing; (b) Declare illegal and prohibit organizations, as well as organized and all other propaganda activities that promote and incite racial discrimination, and recognize participation in such organizations or activities as a crime punishable by law; (c) Do not allow national or local public authorities or government institutions to promote or incite racial discrimination. her.

Article 5

In accordance with the basic obligations set out in article 2 of this Convention, the participating States undertake to prohibit and eliminate racial discrimination in all its forms and to ensure the equal rights of everyone before the law, without distinction as to race, color, national or ethnic origin, in particular with regard to the exercise of the following rights: a) the right to equality before the law by the Court and all other bodies administering justice; (b) The right to personal security and protection by the State from violence or bodily harm inflicted by government officials or by any individuals, groups or institutions; (c) Political rights, in particular the right to participate in elections, to vote and to stand as a candidate, on the basis of universal and equal suffrage. rights, the right to participate in the government of the country, as well as in the management of public affairs at any level, as well as the right of equal access to public service; (d) Other civil rights, in particular. i) the right to freedom of movement and residence within the State; ii) the right to leave any country, including one's own, and return to one's country; iii) the right to citizenship; iv) the right to marry and choose a spouse; v) the right to own property, both individually and jointly with others; vi) inheritance rights; vii) the rights to freedom of thought, conscience and religion; viiI) the rights to freedom of opinion and expression; (ix) The right to freedom of peaceful assembly and association; (e) Economic and cultural rights, in particular: (i) The rights to work, free choice of work, fair and favorable working conditions, protection from unemployment, equal pay for equal work, fair and satisfactory remuneration; (ii) The rights to form and join trade unions; (iii) the rights to housing; (iv) the rights to health care, medical care, social security and social services; (v) The right to education and vocational training; (vi) The right to equal participation in cultural life; (f) The right to access any place and any type of service intended for public use, such as transport, hotels, restaurants, cafes, theaters and parks.

Article 6

The Participating States shall ensure to everyone subject to their jurisdiction effective protection and remedies through competent national courts and other State institutions in the event of any acts of racial discrimination that infringe, in violation of this Convention, on his human rights and fundamental freedoms, as well as the right to bring a claim to these courts for fair and adequate compensation or satisfaction for any damage suffered as a result of such discrimination.

Article 7

The participating States undertake to take immediate and effective measures, in particular in the fields of teaching, education, culture and information, to combat prejudices leading to racial discrimination, promote mutual understanding, tolerance and friendship among nations and racial or ethnic groups, and promote the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights and Fundamental Freedoms. human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and this Convention.

Part II

Article 8

1. A Committee on the Elimination of Racial Discrimination (hereinafter referred to as the "Committee") should be established, consisting of eighteen experts of high moral character and recognized impartiality, elected by the participating States from among their citizens, who should perform their duties in their personal capacity, taking into account equitable geographical distribution and representation of various forms of civilization, and also the main legal systems. 2. The members of the Committee shall be elected by secret ballot from among those included in the list of persons nominated by the participating States. Each Participating State may nominate one person from among its nationals. 3. The initial elections shall be held six months after the entry into force of this Convention. At least three months before the date of the election, the Secretary-General of the United Nations shall write to the participating States inviting them to submit the names of their nominees within two months. The Secretary-General shall prepare a list in which all the persons so nominated are listed in alphabetical order, indicating the States parties that nominated them, and shall submit this list to the States parties to the Convention. 4. The election of the members of the Committee shall be held at a meeting of the States parties to the Convention convened by the Secretary-General at United Nations Headquarters. At this meeting, at which two thirds of the States Parties shall constitute a quorum, the members elected to the Committee shall be those candidates who received the largest number of votes and an absolute majority of the votes of the representatives of the States parties to the Convention present and voting. 5. (a) The members of the Committee are elected for a four-year term. However, the term of office of the nine members elected at the first election expires at the end of the two-year period; immediately after the first election, the names of these nine members are determined by lot by the Chairman of the Committee. (b) To fill unforeseen vacancies, a State Party to the Convention whose expert is no longer a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. 6. The participating States shall be responsible for covering the expenses of the members of the Committee during the period of their duties on the Committee.

Article 9

1. The States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures adopted that give effect to the provisions of this Convention.: (a) Within one year after the entry into force of this Convention for that State; and (b) thereafter every two years and whenever so requested by the Committee. The Committee may request additional information from States parties to the Convention. 2. The Committee, through the Secretary-General, submits an annual report to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from States parties to the Convention. Such proposals and general recommendations shall be communicated to the General Assembly, together with comments from States parties to the Convention, if any.  See: sixth and seventh consolidated periodic report on the implementation by the Republic of Kazakhstan of the International Convention on the Elimination of All Forms of Racial Discrimination.

Article 10

1. The Committee shall establish its own rules of procedure. 2. The Committee elects its officers for a two-year term. 3. The secretariat of the Committee shall be provided by the Secretary-General of the United Nations. 4. The meetings of the Committee shall normally be held at United Nations Headquarters.

Article 11

1. If a State party considers that another State party is not complying with the provisions of the Convention, it may bring this to the attention of the Committee. The Committee then transmits the communication to the State party concerned. Within three months, the notified State shall submit to the Committee written explanations or statements highlighting the issue and the measures that could be taken by that State. 2. If the issue is not resolved to the satisfaction of both parties through bilateral negotiations or any other way available to them within six months after the receipt of the initial notification by such State, either of these two States has the right to refer the issue to the Committee again by notifying the Committee accordingly, as well as the other State. 3. The Committee shall consider the matter referred to it in accordance with paragraph 2 of this article after it has established, in accordance with generally accepted principles of international law, that all available domestic remedies have been tried and exhausted in the present case. This rule does not apply in cases where the use of these funds is excessively prolonged. 4. With regard to any matter referred to it, the Committee may invite the States parties concerned to provide any relevant information. 5. If any matter arising from the provisions of this article is under consideration by the Committee, the States Parties concerned shall have the right to send their representatives to participate in the meetings of the Committee without the right to vote for the period of consideration of the matter.

Article 12

1. (a) After the Committee has received and thoroughly verified all the information it deems necessary, the Chairman appoints a special conciliation commission (hereinafter referred to as the "Commission") consisting of five persons who may or may not be members of the Committee. The members of the Commission are appointed with the unanimous consent of the parties to the dispute, and the Commission provides its good offices to the States concerned with a view to a peaceful settlement of the matter based on compliance with the provisions of the Convention. (b) If no agreement has been reached between the States parties to the dispute within three months on the entire composition or part of the composition of the Commission, those members of the Commission on whose appointment no agreement has been reached between the States parties to the dispute shall be elected from among the members of the Committee by a two-thirds majority vote by secret ballot.. 2. The members of the Commission shall perform their duties in their personal capacity. They must not be nationals of States that are parties to the dispute or of a State that is not a party to the Convention. 3. The Commission elects its Chairman and establishes its own rules of procedure. 4. The meetings of the Commission shall normally be held at United Nations Headquarters or at any other convenient location as decided by the Commission. 5. The secretariat, which is provided in accordance with paragraph 3 of article 10 of the Convention, also services the Commission if a dispute between the States parties to the Convention leads to the establishment of the Commission. 6. The States parties to the dispute shall equally bear all expenses of the members of the Commission and in accordance with the estimates provided by the Secretary-General of the United Nations. 7. The Secretary-General shall have the right to pay the expenses of the members of the Commission, if necessary, until they are reimbursed by the States parties to the dispute, in accordance with paragraph 6 of this article. 8. Information received and examined by the Committee shall be made available to the Commission, and the Commission may invite interested States to submit any relevant information.

Article 13

1. When the Commission has fully considered the issue, it should prepare and submit to the Chairman of the Committee a report containing its conclusions on all issues related to the actual side of the dispute between the parties and such recommendations as it deems necessary for a peaceful resolution of the dispute. 2. The Chairman of the Committee must send the Commission's report to each of the States involved in the dispute. Within three months, these States must inform the Chairman of the Committee whether they agree with the recommendations contained in the Commission's report. 3. After the expiration of the period provided for in paragraph 2 of this article, the Chairman of the Committee shall forward the report of the Commission and the declarations of the States Parties concerned to the other States Parties to the Convention.

Article 14

1. A State Party may at any time declare that it recognizes the competence of the Committee, within its jurisdiction, to receive and consider communications from individuals or groups of individuals who claim to be victims of a violation by that State Party of any rights set forth in this Convention. The Committee should not receive any communications if they relate to a State party to the Convention that has not made such a declaration. 2. Any State Party that makes the declaration provided for in paragraph 1 of this article may establish or designate a body within its national legal system that will be competent to receive and consider petitions from individuals and groups within its jurisdiction who claim to be victims of a violation of any of the rights set forth in in this Convention and who have exhausted other available local remedies. 3. The declaration made in accordance with paragraph 1 of this article, as well as the name of any body established or designated in accordance with paragraph 2 of this article, shall be deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A statement may be withdrawn at any time by notifying the Secretary-General, but this should in no way affect communications under consideration by the Committee. 4. A list of petitions shall be drawn up by the body established or designated in accordance with paragraph 2 of this article, and certified copies of this list shall be submitted annually through appropriate channels to the Secretary-General, and their contents shall not be made public. 5. If the petitioner is not satisfied with the actions of the body established or designated in accordance with paragraph 2 of this article, he has the right to refer the matter to the Committee within six months. 6. (a) The Committee shall bring any communication received confidentially to the attention of the State party accused of violating any of the provisions of the Convention, but the person or group of persons concerned shall not be named without his or their express consent. The Committee should not accept anonymous messages. b) Within three months, the notified State shall provide the Committee with written explanations or statements highlighting the issue and the measures that could have been taken by that State. 7. (a) The Committee shall consider the communication in the light of all information made available to it by the State party concerned and the petitioner. The Committee should not consider any communications from any petitioner unless it determines that the petitioner has exhausted all available domestic remedies. However, this rule does not apply in cases where the use of these funds is excessively prolonged. (b) The Committee shall forward its suggestions and recommendations, if any, to the State party concerned and to the petitioner. 8. The Committee shall include in its annual report a summary of such communications and, if necessary, a summary of the explanations and statements of the States parties concerned, as well as its own suggestions and recommendations. 9. The Committee is competent to perform the functions provided for in this article only in cases where at least ten States Parties to the Convention have made declarations in accordance with paragraph 1 of this article.

Article 15

1. Pending the achievement of the objectives of the Declaration on the Granting of Independence to Countries and Peoples contained in General Assembly resolution 1514 (XV) of December 14, 1960, the provisions of this Convention in no way restrict the right of petition granted to these peoples by virtue of other international instruments or the United Nations and its specialized agencies. 2. (a) The Committee established in accordance with paragraph 1 of article 8 of this Convention shall receive copies of petitions from United Nations bodies dealing with matters directly related to the principles and objectives of this Convention and submit to them views and recommendations on these petitions when considering petitions from residents of Trust and Non-Self-Governing Territories and all other Territories; in respect of which resolution 1514 (XV) applies, concerning matters provided for in this Convention that are under consideration by these bodies. (b) The Committee shall receive from the competent organs of the United Nations copies of reports relating to legislative, judicial, administrative and other activities directly related to the principles and purposes of this Convention carried out by the administering Powers in the Territories referred to in subparagraph (a) of this paragraph, and shall express its views and make recommendations to those organs.. 3. The Committee shall include in its report to the General Assembly summaries of the petitions and reports it has received from United Nations bodies, as well as the Committee's views and recommendations related to these petitions and reports. 4. The Committee shall request from the Secretary-General of the United Nations all information relevant to the purposes of this Convention and at his disposal concerning the Territories referred to in subparagraph 2 of this article.

Article 16

The provisions of this Convention concerning the settlement of disputes or the handling of complaints shall apply without prejudice to other methods of resolving disputes and complaints of discrimination set out in the fundamental documents of the United Nations, its specialized agencies or in conventions approved by the latter, and shall not prevent States Parties from using other methods to resolve disputes in accordance with general or special international agreements in force between them.

Part III

Article 17

1. This Convention shall be open for signature by any State Member of the United Nations or a member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice and by any other State invited by the General Assembly of the United Nations to participate in this Convention. 2. This Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 18

1. This Convention shall be open for accession by any State referred to in paragraph 1 of article 17 of this Convention. 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article 19

1. This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification or accession. 2. For each State that ratifies or accedes to this Convention after the deposit of the twenty-seventh instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the deposit of its own instrument of ratification or accession.

Article 20

1. The Secretary-General of the United Nations shall receive and circulate to all States that are or may become parties to this Convention the text of reservations made by States at the time of ratification or accession. Any State, by the above-mentioned notification, shall notify the Secretary-General that it does not accept this reservation. 2. Reservations incompatible with the aims and objectives of this Convention shall not be permitted, as well as reservations that may interfere with the work of any bodies established on the basis of this Convention. A reservation is considered incompatible or obstructive if at least two thirds of the States parties to the Convention object to it. 3. Reservations may be withdrawn at any time by notification addressed to the Secretary-General. Such notification shall take effect on the day of its receipt.

Article 21

Each State Party may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect one year after receipt of the notification by the Secretary General.

Article 22

Any dispute between two or more States Parties concerning the interpretation or application of this Convention that is not resolved through negotiations or procedures specifically provided for in this Convention shall, at the request of any of the parties to the dispute, be submitted to the International Court of Justice for settlement, unless the parties have agreed on another method of settlement.

Article 23

1. A request for revision of this Convention may be made at any time by any State Party by written notification addressed to the Secretary-General of the United Nations. 2. The General Assembly of the United Nations shall decide what measures, if any, should be taken in response to such a requirement.

Article 24

The Secretary-General of the United Nations shall communicate to all States referred to in paragraph 1 of article 17 of this Convention the following information: (a) signatures, ratifications and accessions, in accordance with articles 17 and 18; (b) the date of entry into force of this Convention, in accordance with article 19; (c) communications and declarations received in accordance with articles 14, 20 and 23; (d) Denunciations in accordance with article 21.

Article 25

1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States belonging to any of the categories referred to in paragraph 1 of article 17 of the Convention. In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Convention, which is open for signature at New York on the seventh day of March, one thousand nine hundred and sixty-sixth year.

President

Republic of Kazakhstan

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