Undoubtedly, the Inter-American Convention against Racism contains valuable contributions, beyond providing new tools to the region on the fight against racism.
Although the general definition of racial discrimination in both the ICERD and the CIRDI is similar -both instruments establishing that racial discrimination is understood as discrimination based on race, color, lineage, or national or ethnic origin- the Inter-American instrument is the first to establish the definition of the term “racism” in a legal instrument. Likewise, the CIRDI defines indirect racial discrimination (Art. 1-2), multiple or aggravated discrimination (Art. 1-3), and it also defines and proscribes intolerance (Art. 1-6). An important difference to highlight as progress compared to the ICERD, where the latter establishes that acts of racial discrimination are limited to the public sphere, while CIRDI specifies that the acts can occur in the public or private sphere.[1]
In addition to the contributions in a broader conception of acts that constitute racial discrimination, the Inter-American Convention against Racism becomes a living instrument of support to States in the region in the task of combating, eliminating, and overcoming conditions and patterns of racial exclusion, through the creation of an Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination, and All Forms of Discrimination and Intolerance (Art. 15 iv). The Committee's role is to monitor the commitments undertaken in the Convention, serve as a forum for the exchange of ideas and experiences, make recommendations to the States Parties, and receive reports from the States on the fulfillment of the obligations of the Convention. However, the establishment of this Committee is subject to the 10 States ratifying the Convention, which has not yet happened.
Another novel provision of this inter-American instrument is that among the States obligations it provides for the establishment or designation of a national institution that shall be responsible for monitoring compliance with the Convention (Art. 13), which translates into an additional encouragement for States to put the issue of racism and racial and ethnic discrimination as a central part of their domestic agenda for the fulfillment of international obligations.
An important role is reserved for the Inter-American Commission on Human Rights (IACHR), since the Convention encourages States to consult and request advisory assistance and technical cooperation from the Inter-American Commission to ensure the effective application of provision of the Convention (Art. 15 ii). In addition, the most important innovation that the CIRDI introduces is the possibility it opens up in terms of international judicial protection and reparation in favor of victims of racial discrimination.[2] For this, any State Party may declare that it recognizes as binding the jurisdiction of the Inter-American Court of Human Rights on all matters relating to the interpretation or application of the Convention. (Art. 15 iii).
[1] Race and Equality, Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance: Analysis of the normative elements to motivate and promote its ratification in Colombia, July 2016, pp. 14, 15.
[2] Race and Equality, Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance: Analysis of the normative elements to motivate and promote its ratification in Colombia, July 2016, p. 18.
