vi) Declaration and Convention on the Elimination of Racial Discrimination

The United Nations enshrines State obligations for the elimination of racial discrimination in the following international instruments:

United Nations Declaration on the Elimination of All Forms of Racial Discrimination Proclaimed by General Assembly resolution 1904 (XVII) of 20 November 1963.

International Convention on the Elimination of All Forms of Racial Discrimination Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965 entry into force 4 January 1966 in accord with Article 19.

CSC has breached Article 4 of the Declaration by failing to address the ongoing discrimination against Aboriginal FSW, and by failing to implement the many recommendations to ameliorate that discrimination. Once again, CSC’s application of maximum security classification to FSW and its general assessment practices provide useful examples of CSC’s discriminatory practices given that they affect such a significant population of Aboriginal FSW (41%):

Article 4: All States shall take effective measures to revise governmental and other public policies and to rescind laws and regulations which have the effect of creating and perpetuating racial discrimination wherever it exists. They should pass legislation for prohibiting such discrimination and should take all appropriate measures to combat those prejudices which lead to racial discrimination.

CSC’s failure to recognize the constitutionally protected right of Aboriginal peoples to administer their own forms of justice constitutes a further violation of the Declaration, in light of the preamble:

Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith... in particular the necessity of bringing colonialism to a speedy and unconditional end.