Inter-American Treaties - June 2013

OAS General Assembly Adopts Conventions against Racism and Discrimination

The General Assembly of the Organization of American States (OAS) on June 5, 2013, adopted the Inter-American Convention against Racism, Racial Discrimination, and Related Intolerance and the Inter-American Convention against All Forms of Discrimination and Intolerance.

Adoption of the two texts concludes the work begun by the OAS member states in 2000, when the General Assembly instructed the Permanent Council to explore the need to prepare a draft Inter-American Convention to Prevent, Punish, and Eradicate Racism and All Forms of Discrimination and Intolerance.

Antigua and Barbuda, Argentina, Brazil, Costa Rica, Ecuador, and Uruguay became the first countries to sign the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance. The first signatories of the Inter-American Convention against All Forms of Discrimination and Intolerance, meanwhile, were Argentina, Brazil, Ecuador, and Uruguay.

OAS Secretary General José Miguel Insulza remarked that the main merits of the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance "lie in how it reaffirms, develops, updates, and enhances some of the ideas enshrined in the 1965 UN International Convention on the Elimination of All Forms of Racial Discrimination by consolidating and specifying for the Americas the democratic meaning of the principles of equality under the law and nondiscrimination."

He noted as well that the “hemispheric instrument advances a legally binding definition of racism, multiple or aggravated discrimination, and intolerance; and proposes, among other contributions, to protect all human beings from racism, racial discrimination, and related forms of intolerance in any sphere of public or private life.”

Mr. Insulza argued that the Inter-American Convention against All Forms of Discrimination and Intolerance holds "great symbolic and legal value" and "has put the OAS, as an international organization, at the vanguard of the struggle against all forms of discrimination and intolerance.”

This is the first legally binding instrument to condemn discrimination by reason of "nationality, age, sex, sexual orientation, gender identity and expression, language, religion, cultural identity, political opinions or opinions of any kind, social origin, socioeconomic status, educational level, migrant, refugee, repatriate or internally displaced status, disability, genetic trait, physical or mental health condition including infectious-contagious condition and debilitating psychological condition, or any other condition,” Mr. Insulza added.

Both conventions will enter into force when ratified by two member states.

The Department of International Law has been actively engaged in this process and has provided legal advice and technical support to the Working Group to Prepare a Draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance since that working group was established.

The texts of both conventions, along with the status of signatures and ratifications, are already in the Department of International Law’s online database.

To access the text of the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance, click here (ESP) (ENG) (POR) (FRA)

To access the text of the Inter-American Convention against All Forms of Discrimination and Intolerance, click here (ESP) (ENG) (POR) (FRA)

For images of the signing ceremony, click here »

For the video of the signing ceremony, click here »

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