110
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[Vol. 11:83
8 was deleted at the 808th meeting. 113 Following deletion of
Article 8 from the draft Convention, the representative of France
moved at the 809th meeting of the Commission to reconsider
Article 1, paragraph 1, with a view to deciding whether the word
“national” should be retained.114 After further discussion and a
series of textual proposals, the Commission agreed at its 810th
meeting to place the word “national” within square brackets, and
to add the following words, also in square brackets, at the end of
the paragraph: “In this paragraph the expression ‘national origin’
does not cover the status of any person as a citizen of a given
State.” 115 At the conclusion of the Twentieth Session of the
Commission on Human Rights, Draft Article 1 read as follows:
In
this
Convention
the
term
“racial
discrimination” shall mean any distinction,
exclusion, restriction or preference based on race,
colour, [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.116
The language of Article 1 of the draft Convention arose
again at the Twentieth Session of the General Assembly. Article
1(3) was initially conceived as a replacement of Article 8 in light
of the decision to retain the reference to national origin in Article
1(1). Although a number of states called for the deletion of all
brackets, it was felt that some explanation to eliminate the
ambiguity of the word “national” was necessary, specifically
following the deletion of Article 8. 117 For example, the
representative of France observed that “it was not surprising
that the term ‘national origin’ had given rise to difficulties, since
it could be interpreted in two entirely different ways,” one
sociological and the other legal.118 Like the original Article 8, the
113 LERNER, U.N. CONVENTION, supra note 93, at 27.
114 Id.
115 Id.
116 U.N. ESCOR, 37th Sess., Supp. 8, supra note 109, at 111. (“In this
paragraph the expression ‘national origin’ does not cover the status of any person
as a citizen of a given State.”).
117 U.N. GAOR, 20th Sess., 1304th mtg. at 83–86, U.N. Doc.
A/C.3/SR.1304 (Oct. 14, 1965).
118 Goolam E. Vahanwati, Presentation Before the U.N. Committee on
the
Elimination
of
Racial
Discrimination
(Feb.
26,
2007),
https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/Ind/INT_CE
RD_STA_Ind_70_11102_E.pdf [https://perma.cc/QWE5-JQRZ].