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CERD: U.S. Ratification at 20

By margaretdrew

Co-Editor Risa Kaufman discusses U.S. compliance under CERD and the symposium that will mark the 20th anniversary of the U.S. ratification:

May 2nd Symposium Marks 20th Anniversary of U.S. Ratification of the CERD

Risa E. Kaufman, Columbia Law School Human Rights Institute

What’s been the impact of U.S. ratification of the International Convention on the Elimination of All Forms of Racial Discrimination?   When the U.S. ratified the CERD in 1994, it committed itself to prohibiting and eliminating racial discrimination “in all its forms.” The CERD’s anti-discrimination and equality provisions are broader than U.S. Constitutional equal protection guarantees.  They prohibit policies that have a disparate impact, regardless of discriminatory intent, and require that governments take affirmative measures to remedy discrimination.

So, twenty years later, is the U.S. in compliance with its commitments under the treaty?  U.S. advocates will have a chance to weigh in on this question this coming summer, when the U.N. Committee on the Elimination of Racial Discrimination reviews the United States under the treaty’s periodic review mechanism.  The United States filed its periodic report to the CERD Committee in June 2013, detailing its progress towards meeting its obligations under the CERD.  Over the summer, NGOs and other interested parties can submit their own alternative or “shadow” reports on U.S. compliance with the CERD.  And, in August, the CERD Committee will conduct an in-person review of the United States through an interactive, constructive dialogue at the United Nations in Geneva.  As with the ICCPR review earlier this month, many U.S. advocates are planning to attend.

On May 2, 2014, in advance of the formal review, the Bringing Human Rights Home Lawyers’ Network will host a day-long symposium and CLE to examine the history and impact of U.S. ratification of the CERD and engagement with the CERD Committee, and explore possibilities for ensuring U.S. accountability for its human rights commitments.  Through the symposium, participants can gain a deeper understanding of the scope of protections under the CERD, opportunities it offers for engaging with the treaty monitoring body and government officials, and strategies for integrating the CERD framework to advance social justice advocacy.

This free full-day program will be hosted by Skadden Arps in its NYC Times Square office. Participants are eligible to receive 6 NYS CLE credits.  The program is co-sponsored by Columbia Law School’s Human Rights Institute; Northeastern University School of Law, Program on Human Rights and the Global EconomyPoverty and Race Research Action CouncilAmerican Civil Liberties UnionNAACP Legal Defense and Education FundThe Leadership Conference on Civil and Human Rights. & Race Research

It’s open to all who are interested in domestic implementation of human rights.  Please feel free to circulate widely.   

Click here for the agenda and to register.