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Race versus Religion in the Making of the International Convention Against Racial Discrimination, 1965

Published online by Cambridge University Press:  01 May 2014

Extract

The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD), was negotiated at the United Nations (UN) during the years 1962–1965. At that period, the UN was an organization so highly politicized and split that it was almost paralyzed, operatively speaking. Human rights codification was a major field whose advancement came to a standstill as a result of the lack of cooperation between UN member-states. Nevertheless, the UN managed to unite around the denunciation of racial discrimination, and unanimously adopted CERD on December 21, 1965. Furthermore, the period of time that elapsed between the presentation of the initiative and the vote on the final version of the treaty was only 3 years; a rather short period of time, UN experience considered.

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Copyright © the American Society for Legal History, Inc. 2014 

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References

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4. Mazoer, No Enchanted Palace, 185–89.

5. “To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion;” Charter of the UN, 1945, article 1(3) http://www.un.org/aboutun/charter/index.html

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7. “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Universal Declaration of Human Rights, 1948, article 2 http://www.un.org/en/documents/udhr/

8. “The states parties to the present covenant undertake to guarantee that the rights enunciated in the present covenant will be exercised without discrimination of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” International Covenant on Economic, Social and Cultural Rights, 1966, article 2(2). http://www2.ohchr.org/english/law/cescr.htm “Each state party to the present covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the covenant, without distinction of any kind, such as race, colour, sex language, religion, political or other opinion, national or social origin, property, birth or other status.” International Covenant on Civil and Political Rights, 1966, article 2(1). http://www2.ohchr.org/english/law/ccpr.htm

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19. Anderson, Eyes off the Prize 109–10; see also: Guidance paper, December 28, 1962, Sub-Commission on the Prevention of Discrimination and Protection of Minorities, 15th Session, January 14–February 2, 1963, Position Papers for U.S. Delegations to the UN 1953–1965 (NARA, Record Group 59, box 6, folder SD/E/CN.4/222-289); Richard N. Gardner, International Organization Affairs, Department of State, to Morris B. Abram, January 11, 1963 (NARA, RG 59, 1960–1963, central decimal file, box 550, file 341.72); and United States Mission to the United Nations, Press Release No. 4249, October 1, 1963, Statement by Ambassador Adlai E. Stevenson, in Committee III, on the Draft Declaration on the Elimination of all Forms of Racial Discrimination, Abram Papers, Emory University, box 94, folder 1. See also: UN document A/C.3/SR.1217, 29–30.

20. Charter of the United Nations. http://www.un.org/en/documents/charter/ See in particular the preamble, articles 1, 55, and 56.

21. Dudziak, Cold War Civil Rights 153; Borstelmann, The Cold War and the Color Line, 45; and Congressional Quarterly, Revolution in Civil Rights 2–3.

22. Lauren, Power and Prejudice, 205; Dudziak, Cold War Civil Rights 23–26; Anderson, “From Hope to Disillusion,” 548–51; and Borstelmann, The Cold War and the Color Line, 47.

23. Memorandum, Arthur M. Schlesinger, Jr., special assistant to the president, to Robert F. Kennedy, attorney general, July 1, 1963 – FRUS, vol. XXI (1961–1963), no. 315. For elaboration see Friesel, Ofra, Racial Discrimination, the Balance of Terror and Anti-Semitism: The Birth of a Human Rights Treaty (in Hebrew) (Jerusalem: Sacher Institute, the Hebrew University and Nevo, 2011) 6377; 2nd ed.Google Scholar In English (London:Vallentine Mitchell forthcoming).

24. Borstelmann, The Cold War and the Color Line, 153.

25. Memorandum, G. Mennen Williams, deputy assistant secretary of defense for international security affairs, to Roswell L. Gilpatric, deputy secretary of defense, September 16, 1961 – FRUS, vol. XXI (1961–1963), no. 385.

26. Letter, Adlai E. Stevenson, United States representative at the UN, to Dean Rusk, secretary of state, June 2, 1961 – FRUS, vol. XXI (1961–1963), no. 380.

27. Friesel, Racial Discrimination, 77–95.

28. UN document A/C.3/SR.1311, p. 115 http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/152/84/IMG/NR015284.pdf?OpenElement Schwelb, “International Convention,” 998; and Lerner, The U.N. Convention, 24. For earlier Jewish organizations' contribution to codification of human rights, see: Fink, Carole, Defending the Rights of Others: The Great Powers, the Jews, and International Minority Protection, 1878–1938 (Cambridge: Cambridge University Press, 2004), 148–53Google Scholar, 257–67; and Auerbach, Jerold S., “Human Rights at San Francisco,” American Jewish Archives 16 (1964): 5556.Google Scholar

29. Schwelb, “International Convention,” 998.

30. Theodor Meron, Report of the Delegation of Israel to the UN, 17th General Assembly, November 8, 1962, summary of meeting of the Israeli delegation to UN, November 1, 1962 (ISA/Ministry of Foreign Affairs, box 19, folder 6534).

31. Tinker, Race, Conflict and the International Order, 33; Rusk, As I Saw it, 585–86.

32. Lauren, Power and Prejudice, 228.

33. Ibid.

34. Dudziak, Cold War Civil Rights 153; and Borstelmann, The Cold War and the Color Line, 45.

35. Baruch Eyal, The Attitude of the French Communist Party to Jews, Judaism and Israel after the Second World War (1945–1959) (in Hebrew) (PhD diss., Hebrew University of Jerusalem, 1974), 110, 163, 236 fn 2, 265; Guidance paper, December 28, 1962, Sub-Commission on the Prevention of Discrimination and Protection of Minorities, 15th Session, January 14–February 2, 1963, in: Position Papers for U.S. Delegations to the UN 1953–1965 – NARA, RG 59, box 6, folder SD/E/CN.4/222–289; and Lazin, Fred A., The Struggle for Soviet Jewry in American Politics, Israel versus the American Jewish Establishment (Lanham, MD: Lexington Books, 2005)Google Scholar, 25.

36. J.D. Campbell, British Foreign Office, to H.P.L. Attlee, U.K. Mission to the UN, September 21, 1962 (TNA, FO 371, 166950).

37. Report: USUN and US Policy, Human Rights (unsigned, undated) – Goldberg Papers, Library of Congress, I:48.

38. Ibid.

39. Statement by Morris B. Abram, UN Sub-Commission for the Prevention of discrimination and Protection of Minorities, January 12, 1965, Emory University, box 94, folder 12. In answer to repeated demands of Abram for a Soviet reaction to the openly anti-Semitic content of the book, Abram eventually was given the answer that as the book was written in Ukrainian, the Soviet representative was unable to read it. Ibid.

40. Moshe Avidan to Carl Wormann, May 6, 1964 (ISA/MFR, box 5, file 3575).

41. About “BAR”, see section below.

42. Levanon, Nechemia, The Code – “Nativ” (in Hebrew) (Tel-Aviv: Am-Oved, 1995)Google Scholar, 193. The English edition was published in 1964, apparently under the auspices of the AJC.

43. Meir Rosenne (New York) to Yoram Dinstein (Jerusalem), March 17, 1964 (ISA/MFR, box 4, file 3576).

44. NEWS, The American Jewish Committee Publication, undated (Abram Papers, Emory University, box 2, folder 10).

45. An expression used by Tree when describing the Soviets' “betrayal” of the “Moslem group” during the 17th session of the United Nations Commission on Human Rights that met in New York February 20–March 17, 1961. Tree wrote: “On the item of anti-Semitism, we supported the French to keep the word ‘Anti-Semitism’ in the title of a resolution. The Moslem group (Iraq, Afghanistan and Pakistan) in order to eliminate this word had been voting previously with the Russians in order to get a quid pro quo on this point. The Russians must have encouraged them in this bargain. However, when the moment came to vote the Communist bloc voted (with us) to retain the word, thus letting down their Moslem colleagues to their obvious chagrin. It was interesting to me that the Soviet bloc would break with the Moslems and apparent obligations to keep a good propaganda face.”Letter, Marietta Tree, representative to the UN Commission on Human Rights, to Secretary of State, Dean Rusk, April 17, 1961 – FRUS, vol. XXV (1961–1963), no. 292.

46. Arnold H. Lubasch, “Russia accused at the General Assembly of anti-Semitism,” New York Times, Press Cutting, November 2, 1962, received November 7, 1962 – TNA, FO 371, 166950.

47. Position paper, February 22, 1963, UN Commission on Human Rights, 19th Session, NARA – RG 59, Position Papers for United States Delegation to the UN 1953–1965, box 6, folder SD/E/CN.4/222–289.

48. Letter, Marietta Tree, representative to the UN Commission on Human Rights, to Secretary of State, Dean Rusk, April 17, 1961 – FRUS, vol. XXV (1961–1963), no. 292.

49. Ro'i, Yaacov, The Struggle for Soviet Jewish Emigration 1948–1967 (Cambridge: Cambridge University Press, 1991)Google Scholar, 4, 8, 93–94; and Govrin, Yosef, Israel–Soviet Relations (in Hebrew) (Jerusalem: Magnes, 1990), 3940.Google Scholar

50. Eyal, Attitude of the French Communist Party to Jews 57, 99; Levanon, The Code – “Nativ,” 15; and Govrin, Israel–Soviet Relations, 9.

51. Levanon, The Code – “Nativ,” 15.

52. Levanon, The Code – “Nativ,” 10–11, 15, 185–90; and Lazin, The Struggle for Soviet Jewry 8, 19, 23, 24–25, 58 fn – Among the representatives of Bar were Benjamin Eliav (1960), Meir Rosenne (December 1961– July 1967), and Yoram Dinstein (1961–1962, 1966–1970).

53. The broader Israeli strategy was explained in a letter from Arie Levavi, director-general of the Israeli Ministry of Foreign Affairs, to Israel embassies, November 1, 1964 (ISA/Ministry of Foreign Affairs, box 2, file 3575).

54. Yoram Dinstein to Arie Aroch (Israel delegation to the UN), April 24, 1962 (ISA/Ministry of Foreign Affairs, box 19, file 3035).

55. Govrin, Israel–Soviet Relations, 39–40; and Ro'i, Struggle for Soviet Jewish Emigration 4, 8, 93–94.

56. UN document A/C.3/SR.1311, 115; Lerner, The U.N. Convention, 24.

57. Herbert B. Ehrmann, president, AJC, to Francis O. Wilcox, assistant secretary of state for international organization affairs, September 9, 1960 – NARA, RG 59, decimile file 1960–1963, box 550, file 341.72.

58. CBJO was founded in 1947 as an advisory board for Jewish organizations in all parts of the world, although most of the participating bodies were American. It had a recognized advisory status at the UN as a nongovernmental organization (NGO) and was especially active in the Economic and Social Council.

59. Ro'i, Struggle for Soviet Jewish Emigration, 166.

60. Yoram Dinstein to A. Aroch (Israel delegation to the UN), April 24, 1962 (ISA/FO, box 19, file 3035).

61. Meir Rosenne (consul, New York) to Michael Comay (Israel delegation to the UN), February 12, 1963 (ISA/Ministry of Foreign Affairs, box 19, file 3035).

62. Press cutting, subject: Russia accused at the General Assembly of anti-Semitism, November 2, 1962 (TNA, FO 371, file 166950).

63. Ro'i, Struggle for Soviet Jewish Emigration, 229.

64. At that time, United States supreme court judge, and as early as 1965 nominated as United States ambassador to the United Nations, who signed CERD in 1966.

65. Dr. Korey became the founding director of B’nai B’rith International's UN office in 1960, and continued in that role alongside additional professional leadership positions. Yoram Dinstein to A. Aroch (Israel delegation to the UN), April 24, 1962 (ISA/FO, box 19, file 3035).

66. Ibid. For Tree's input see: letter, Tree, United Nations Commission on Human Rights, to Secretary of State, Rusk, May 14, 1962 – FRUS, vol. XXV (1961–1963), no. 294.

67. Yoram Dinstein to A. Aroch (Israel delegation to the UN), April 24, 1962 (ISA/FO, box 19, file 3035).

68. Mary D. Mack, Department of State, to Morris B. Abram, March 26, 1963 – Abram Papers, Emory University, box 94, folder 8. An example of views on religious persecution behind the Iron Curtain, which the United States presented to the UN, was, among others, the following statement made in November 1954, by Philip Halpern, United States expert member to the UN Sub-Commission on Prevention of Discrimination and the Protection on Minorities. “That religious intolerance is one of the pressing problems of our time is not open to question… The oppression of minority religious groups by the dominant religious organization or governmental authorities is not a new phenomenon in human history… However, a new phenomenon has appeared in our time, in governmentally-inspired drives against all formal religion in countries dedicated to militant atheism.” Six years later, on January 14,1960, Halpern again addressed the issue at the UN. Halpern questioned “the legal recognition given by the USSR to the right of freedom of thought, conscience and religion, pointing out that: …freedom of anti-religious propaganda was recognized in article 124 of the USSR Constitution, but not freedom of religious propaganda. Furthermore, article 122 of the Soviet Penal Code made the teaching of any religion on offence.” President Kennedy, in his speech before the UN General Assembly, on September 25, 1961, said that in the “Communist Empire”, where a population far larger than that officially termed “dependent” lives under government installed by foreign troops instead of free institutions, under a system which knows only one party and one belief…”. On January 18 ,1963, Morris B. Abram, United States expert member to the UN Sub-Commission on Prevention of Discrimination and the Protection on Minorities, called attention to a group of Russian evangelicals who had appealed to the United States Embassy in Moscow for assistance. Abram said: “It was not enough that the laws of a State proclaimed lofty principles… If everyone in the USSR had the right to leave the territory of the Soviet Union, he wondered how it was that recently 30 members of an evangelical sect had begged officials of the United States Embassy to obtain for them authorization to leave a country where they claimed to be victims of a religious persecution.”

69. Memorandum of meeting, subject: consultation with Mr. Morris Abram, United States Representative to the Sub-Committee on Minorities, Commission of Human Rights of the UN, November 5, 1962 – NARA, RG 59, 1960–1963, central decimal file, box 550, file 341.72.

70. Mordechai Gazit (Washington) to Israel Foreign Ministry, December 10, 1963, (ISA/MFR, box 4, file 3576).

71. Letter, Rachel C. Nason, Department of State, to Morris B. Abram, Position Paper for Economic and Social Council's 37th Session, June 8, 1964 – Abram Papers, Emory University, box 94, folder 9.

72. Schwelb, “International Convention,” 999; and Lerner, The U.N. Convention on the Elimination of all Forms of Racial Discrimination, 14, 21, 82.

73. Marietta Tree, American representative to the Commission on Human Rights, to Secretary of State Dean Rusk, 14 May 1962 – FRUS, vol. XXV (1961–1963), no. 294.

74. Summary of meeting of the Israeli delegation to the UN, November 1, 1962 (ISA/MFR, box 19, file 6534).

75. Schwelb, “International Convention,” 999; Lerner, The U.N. Convention on the Elimination of all Forms of Racial Discrimination, 14, 21, 82; and Lerner, Natan, Group Rights and Discrimination in International Law, 2nd ed. (The Hague: Marinus Nijhoff Publishers, 2003)Google Scholar, 131.

76. Lerner, The U.N. Convention on the Elimination of all Forms of Racial Discrimination, 14; Tolley, Howard, The UN Commission on Human Rights (Boulder: Westview Press, 1987)Google Scholar, 47.

77. A/RES/1780(XVII) & A/RES/1781(XVII), December 7, 1962 http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/192/88/IMG/NR019288.pdf?OpenElement

79. Schwelb, “International Convention,” 999; Lerner, The U.N. Convention on the Elimination of all Forms of Racial Discrimination 14, 21, 82; Lerner, Group Rights and Discrimination in International Law, 131.

80. Rachel C. Nason, US Department of State, to Morris B. Abram, Position Paper for the Economic and Social Council's 37th Session, June 8, 1964 (Abram Papers, Emory University, box 94, folder 9).

81. Ibid.

82. Position Paper, Draft Declaration and Convention on All forms of Racial Discrimination, Commission on Human Rights, 19th Session, February 22, 1963, NARA, RG 59, Records of Offices Responsible for the Affairs of International Organization, box 6, folder SD/E/CN.4/252; UNESCO, Four Statements on the Race Question (Paris: UNESCO, 1969); and Lerner, The U.N. Convention on the Elimination of all Forms of Racial Discrimination, 41.

83. Theodor Meron, report of the delegation of Israel to the 17th General Assembly of the UN, November 8, 1962 (ISA/Ministry of Foreign Affairs, box 19, file 6534).

84. Summary of the meeting of the Third Committee's Sub-Commission, September 27, 1963 (ISA/FM, box 13, file 2632).

85. J.E. Powell–Jones, assistant head, United Nations Department, Foreign Office, United Kingdom, to secretary of state, minutes, Third Committee, December 31, 1963 – TNA, FO 371, 172740.

86. Idem, minutes, Third Committee, March 19, 1964 – TNA, FO 371, 172740.

87. Idem, minutes, Third Committee, December 31, 1963 – TNA, FO 371, 172740.

88. K. Unwin, United Kingdom delegation to ECOSOC, to A.D. Wilson, Foreign Office, August 13, 1964 – TNA, FO 371, 178331.

89. Speech before the UN Commission on Human Rights, April 3, 1963 (ISA/MFR, box 13, file 2632).

90. Moshe Bartur, Statement in ECOSOC, July 5, 1963 (ISA/MFA, box 13, file 2632).

91. Declaration of the representative of Israel, September 30, 1963, Third Committee, 18th Session, General Assembly of the UN (ISA/MFA, box 12, file 2632).

92. Statement at the 16th session of UN Sub-Commission for the Prevention of Discrimination and Protection of Minorities, January (undated), 1964 (Abram Papers, Emory University, box 94, folder 9).

93. Rachel C. Nason, human rights officer, State Department, to Morris B. Abram, December 20, 1963 (Abram Papers, Emory University, box 94, folder 7).

94. Albert Giovannetti to Morris B. Abram, December 1, 1964; Abram to Roger Baldwin, January 1965 (Abram Papers, Emory University, box 94, folder 5).

95. Meir Rosenne, segment from letter, (undisclosed recipients), December 3, 1963 (ISA/Ministry of Foreign Affairs, box 12, file 2632).

96. Yoel bar-Romi, Israel delegation to the UN, to Yoram Dinstein, Israeli Ministry of Foreign Affairs, February 25, 1964 (ISA/MFR, box 4, file 3576).

97. Memorandum, Harlan Cleveland, assistant secretary of state for international organization affairs, to Dean Rusk, secretary of state, March 20, 1964 – FRUS, vol. XXXIV (1964–1968), no. 315.

98. H.P.L. Attlee to P.J. Weston, United Nations Department, British Foreign Office, June 16, 1964 – TNA, FO 371, 178330.

99. Morris B. Abram to Dean Rusk, June 1, 1965, NARA, RG 59, Central Foreign Policy files, 1964–1966, Special Instructions, Box 3268, folder ECOSOC.

100. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, General Assembly Resolution 36/55 of November 25, 1981. http://www2.ohchr.org/english/law/religion.htm; see also Tolley, UN Commission, 47; and Lerner, Group Rights and Discrimination in International Law, 131.

101. Marietta Tree to Secretary of State Dean Rusk, May 14, 1962 – FRUS, vol. XXV (1961–1963), no. 294.

102. For a discussion about the later attempt to add a clause in CERD addressing anti-Semitism specifically, see Friesel, Ofra, “Equating Zionism with Racism: the 1965 Precedent,” American Jewish History 97 (2013): 283313Google Scholar.