Instructor: Mba Mbulu Course Outline

Copyright 1999 ASET, M. Mbulu All rights to everything on this web site are reserved.

Title of Course: International Law 101 Class #3: [Audio Version]

Declaration on the Elimination of All Forms of Racial Discrimination

The Declaration on the Elimination of All Forms of Racial Discrimination was agreed to in 1963. Click Here to find the Articles and Sections most relevant to Black People. Click Here to find Explanatory Notes as to its relevance to the struggle of Black People for self-government. Read all of the available information and be able to expound on the following questions and issues.

(1) Has the United States, as a member of the United Nations, been acting in accord with Article 2(a) below?

(2) According to Article 9 Section 1, do Black People have duties to the white American community?

(3) What does Article 15 mean when it says "this Convention shall in no way limit the right of petition granted to these peoples by other international instruments"?

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Article 1

1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, 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.

Article 2

1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end:

(a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation

Article 9

1. Everyone has duties to the community in which alone the free and full development of his personality is possible.

1. 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 which they have adopted and which give effect to the provisions of this Convention: (a) within one year after the entry into force of the Convention for the State concerned; and (b) thereafter every two years and whenever the Committee so requests. The Committee may request further information from the States Parties.

Article 11

1. If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may bring the matter to the attention of the Committee. The Committee shall then transmit the communication to the State Party concerned. Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

Article 15

1. Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514(XV) of 14 December 1960, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies.

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Explanatory Notes

In Article 1, the "enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms," is an important series of terms. In the United States, are Black People allowed to operate "on an equal footing"? Are Black People allowed to exercise Our human rights and fundamental freedoms? I don't think so, and in that absence We have the right to establish a governmental system that will provide Us with equal footing and human and fundamental freedoms. We have no duty to hold allegiance to any country that does not provide Us with Our rights. As long as the free and full development of Our personality, Our personalities and Our community is not possible within a certain system, We have the right to leave that system and build a system that will provide Us with those rights.

Article 15 states, "this Convention shall in no way limit the right of petition granted to these peoples by other international instruments..." Inherent in this phrase is the recognition that people have the right to seek redress in ways that might have been overlooked by United Nations laws and resolutions. As long as methods are employed that are recognized as legitimate by legitimate bodies, the struggle is legitimate and within the rules and regulations of international law and order.

Please review this information and give it some additional thought.

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