05/07/2010. Subject: Convention against Discrimination in Education (1960) Ratification. Sir/Madam,

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1 05/07/2010 Ref.: CL/3933 Subject: Convention against Discrimination in Education (1960) Ratification Sir/Madam, As you are aware, the Convention against Discrimination in Education, which celebrates its fiftieth anniversary this year, 1 was adopted by UNESCO s General Conference on 14 December The Convention expresses the fundamental principles of non-discrimination and equality of educational opportunities enshrined in UNESCO s Constitution. Recognized as a key pillar of Education for All (EFA) by UNESCO s Executive Board at its 170th session, this Convention reflects UNESCO s constitutional mission of instituting collaboration among nations to advance the ideal of equality of educational opportunities without regard to race, sex or any distinctions, economic or social. Today, five years away from the target date for achieving the EFA goals, the importance of the Convention in the EFA process must be fully recognized. National-level action aimed at making quality education accessible to all, without discrimination or exclusion, must be strongly emphasized. Concrete measures taken by Member States contribute to this process, in accordance with their legal obligations under the Convention. Such efforts should focus on reaching the unreached, making education accessible and meaningful to those who remain deprived of it in today s knowledge societies. The main elements of this Convention are featured in various United Nations instruments containing provisions on the right to education. Resolutions adopted by the Human Rights Council systematically refer to principles laid down by the Convention. Moreover, the 2009 General Comment No. 20 on Non-discrimination, issued by the Committee on Economic, Social and Cultural Rights, also refers to this Convention. Despite six new ratifications registered since the last ratification campaign in 2005, the Convention, which came into force on 22 May 1962, has so far been ratified by 95 States only. 2 Concern has been voiced, both by UNESCO s 7, place de Fontenoy Paris 07 SP, France Tél. : +33 (0) Fax : +33 (0) More information is available on the UNESCO Education Sector s website at: You will find attached the list of the States Parties to the Convention, as of 1 May 2010.

2 CL/3933 page 2 General Conference and its Executive Board, about the need to make the Convention better known and to promote adherence to it universally. 3 In particular, the debate in the Executive Board has underlined the need to promote normative action in line with the international legal obligations of the States Parties to the Convention, so that the fundamental principles reflected in the Convention are incorporated into the national legal systems. More specifically, the decision adopted by the Executive Board (177 EX/Decision 36) as a follow up to the Seventh Consultation for the implementation of the Convention and, subsequently, the Resolution adopted by the General Conference in October 2007 (34 C/Resolution 13), invite Member States, that have not become party to the Convention to consider doing so and to make better known. This Convention and the 1960 Recommendation against Discrimination in Education, as well as the 1962 Protocol, institute a Conciliation and Good Offices Commission. Today, on the occasion of its fiftieth anniversary, I strongly appeal to your Government to take the measures necessary for acceding to the Convention, if it has not already done so. I would also appreciate receiving information as regards the prospects of the ratification, by your Government, of the Convention. It is vital that the Convention be adhered to by the Member States. In terms of creating greater awareness of the Convention, as well as action aimed at giving it wide publicity, I have high expectations regarding the proactive role of the National Commission for UNESCO in your country to initiate steps to adhere to the Convention and to undertake activities for promoting normative action in line with UNESCO s constitutional mandate. Accept, Sir/Madam, the assurances of my highest consideration. Irina Bokova Director-General Enclosures: 2 Text of convention List of States Parties to the Convention cc: National Commissions for UNESCO Permanent Delegations to UNESCO UNESCO Field Offices 3 Article 16(1) of the Rules of Procedure concerning recommendations to Member States and international conventions, mentions the obligation of Member States to submit the Convention (or recommendation) to their competent national authorities in accordance with Article IV, paragraph 4 of UNESCO s Constitution; Article 16(2) provides that the Member States shall make the text of any convention (or recommendation) known to the bodies, target groups and other entities interested in matters dealt with therein.

3 CONVENTION AGAINST DISCRIMINATION IN EDUCATION Paris, 14 December 1960 The General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 14 November to 15 December 1960, at its eleventh session, Recalling that the Universal Declaration of Human Rights asserts the principle of non-discrimination and proclaims that every person has the right to education, Considering that discrimination in education is a violation of rights enunciated in that Declaration, Considering that, under the terms of its Constitution, the United Nations Educational, Scientific and Cultural Organization has the purpose of instituting collaboration among the nations with a view to furthering for all universal respect for human rights and equality of educational opportunity, Recognizing that, consequently, the United Nations Educational, Scientific and Cultural Organization, while respecting the diversity of national educational systems, has the duty not only to proscribe any form of discrimination in education but also to promote equality of opportunity and treatment for all in education, Having before it proposals concerning the different aspects of discrimination in education, constituting item of the agenda of the session, Having decided at its tenth session that this question should be made the subject of an international convention as well as of recommendations to Member States, Adopts this Convention on the fourteenth day of December Article 1 1. For the purposes of this Convention, the term discrimination includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of nullifying or impairing equality of treatment in education and in particular: (d) of depriving any person or group of persons of access to education of any type or at any level; of limiting any person or group of persons to education of an inferior standard; subject to the provisions of Article 2 of this Convention, of establishing or maintaining separate educational systems or institutions for persons or groups of persons; or of inflicting on any person or group of persons conditions which are incompatible with the dignity of man. 2. For the purposes of this Convention, the term education refers to all types and levels of education, and includes access to education, the standard and quality of education, and the conditions under which it is given. Article 2 When permitted in a State, the following situations shall not be deemed to constitute discrimination, within the meaning of Article 1 of this Convention: the establishment or maintenance of separate educational systems or institutions for pupils of the two sexes, if these systems or institutions offer equivalent access to education, provide a teaching staff with qualifications of the same standard as well as school premises and equipment of the same quality, and afford the opportunity to take the same or equivalent courses of study;

4 2 the establishment or maintenance, for religious or linguistic reasons, of separate educational systems or institutions offering an education which is in keeping with the wishes of the pupil s parents or legal guardians, if participation in such systems or attendance at such institutions is optional and if the education provided conforms to such standards as may be laid down or approved by the competent authorities, in particular for education of the same level; the establishment or maintenance of private educational institutions, if the object of the institutions is not to secure the exclusion of any group but to provide educational facilities in addition to those provided by the public authorities, if the institutions are conducted in accordance with that object, and if the education provided conforms with such standards as may be laid down or approved by the competent authorities, in particular for education of the same level. Article 3 In order to eliminate and prevent discrimination within the meaning of this Convention, the States Parties thereto undertake: (d) (e) to abrogate any statutory provisions and any administrative instructions and to discontinue any administrative practices which involve discrimination in education; to ensure, by legislation where necessary, that there is no discrimination in the admission of pupils to educational institutions; not to allow any differences of treatment by the public authorities between nationals, except on the basis of merit or need, in the matter of school fees and the grant of scholarships or other forms of assistance to pupils and necessary permits and facilities for the pursuit of studies in foreign countries; Not to allow, in any form of assistance granted by the public authorities to educational institutions, any restrictions or preference based solely on the ground that pupils belong to a particular group; To give foreign nationals resident within their territory the same access to education as that given to their own nationals. Article 4 The States Parties to this Convention undertake furthermore to formulate, develop and apply a national policy which, by methods appropriate to the circumstances and to national usage, will tend to promote equality of opportunity and of treatment in the matter of education and in particular: (d) to make primary education free and compulsory; make secondary education in its different forms generally available and accessible to all; make higher education equally accessible to all on the basis of individual capacity; assure compliance by all with the obligation to attend school prescribed by law; to ensure that the standards of education are equivalent in all public educational institutions of the same level, and that the conditions relating to the quality of the education provided are also equivalent; to encourage and intensify by appropriate methods the education of persons who have not received any primary education or who have not completed the entire primary education course and the continuation of their education on the basis of individual capacity; to provide training for the teaching profession without discrimination. Article 5 1. The States Parties to this Convention agree that:

5 3 education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace; it is essential to respect the liberty of parents and, where applicable, of legal guardians, firstly to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laid down or approved by the competent authorities and, secondly, to ensure in a manner consistent with the procedures followed in the State for the application of its legislation, the religious and moral education of the children in conformity with their own convictions; and no person or group of persons should be compelled to receive religious instruction inconsistent with his or their convictions; it is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however: (i) (ii) (iii) that this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which prejudices national sovereignty; that the standard of education is not lower than the general standard laid down or approved by the competent authorities; and that attendance at such schools is optional. 2. The States Parties to this Convention undertake to take all necessary measures to ensure the application of the principles enunciated in paragraph 1 of this Article. Article 6 In the application of this Convention, the States Parties to it undertake to pay the greatest attention to any recommendations hereafter adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization defining the measures to be taken against the different forms of discrimination in education and for the purpose of ensuring equality of opportunity and treatment in education. Article 7 The States Parties to this Convention shall in their periodic reports submitted to the General Conference of the United Nations Educational, Scientific and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, including that taken for the formulation and the development of the national policy defined in Article 4 as well as the results achieved and the obstacles encountered in the application of that policy. Article 8 Any dispute which may arise between any two or more States Parties to this Convention concerning the interpretation or application of this Convention, which is not settled by negotiation shall at the request of the parties to the dispute be referred, failing other means of settling the dispute, to the International Court of Justice for decision. Article 9 Reservations to this Convention shall not be permitted. Article 10 This Convention shall not have the effect of diminishing the rights which individuals or groups may enjoy by virtue of agreements concluded between two or more States, where such rights are not contrary to the letter or spirit of this Convention.

6 4 Article 11 This Convention is drawn up in English, French, Russian and Spanish, the four texts being equally authoritative. Article This Convention shall be subject to ratification or acceptance by States Members of the United Nations Educational, Scientific and Cultural Organization in accordance with their respective constitutional procedures. 2. The instruments of ratification or acceptance shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. Article This Convention shall be open to accession by all States not Members of the United Nations Educational, Scientific and Cultural Organization which are invited to do so by the Executive Board of the Organization. 2. Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization. Article 14 This Convention shall enter into force, three months after the date of the deposit of the third instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession. Article 15 The States Parties to this Convention recognize that the Convention is applicable not only to their metropolitan territory but also to all non-self-governing, trust, colonial and other territories for the international relations of which they are responsible; they undertake to consult, if necessary, the governments or other competent authorities of these territories on or before ratification, acceptance or accession with a view to securing the application of the Convention to those territories, and to notify the Director-General of the United Nations Educational, Scientific and Cultural Organization of the territories to which it is accordingly applied, the notification to take effect three months after the date of its receipt. Article Each State Party to this Convention may denounce the Convention on its own behalf or on behalf of any territory for whose international relations it is responsible. 2. The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization. 3. The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. Article 17 The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States Members of the Organization, the States not members of the Organization which are referred to in Article 13, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance and accession provided for in Articles 12 and 13, and of the notifications and denunciations provided for in Articles 15 and 16 respectively.

7 5 Article This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention. 2. If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratification, acceptance or accession as from the date on which the new revising convention enters into force. Article 19 In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization. Done in Paris, this fifteenth day of December 1960, in two authentic copies bearing the signatures of the President of the eleventh session of the General Conference and of the Director-General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 12 and 13 as well as to the United Nations.

8 States Parties to the Convention against Discrimination in Education (as of 1 May 2010) Convention against Discrimination in Education. Paris, 14 December States Date of deposit of instrument Type of instrument 1 Afghanistan 25/01/2010 Acceptance 2 Albania 21/11/1963 Ratification 3 Algeria 24/12/1968 Acceptance 4 Argentina 30/10/1963 Ratification 5 Armenia 05/09/1993 Notification of succession 6 Australia 29/11/1966 Acceptance 7 Barbados 24/06/1975 Notification of succession 8 Belarus 12/12/1962 Ratification 9 Belize 01/12/1982 Notification of succession 10 Benin 09/07/1963 Acceptance 11 Bosnia and Herzegovina 12/07/1993 Notification of succession 12 Brazil 19/04/1968 Ratification 13 Brunei Darusalaam 25/01/1985 Notification of succession 14 Bulgaria 04/12/1962 Acceptance 15 Central African Republic 22/02/1962 Acceptance 16 Chile 26/10/1971 Ratification 17 China 2 // 18 Congo 16/09/1968 Ratification 19 Costa Rica 10/09/1963 Ratification 20 Côte d'ivoire 24/11/1999 Ratification 21 Croatia 06/07/1992 Notification of succession 22 Cuba 02/11/1962 Ratification 23 Cyprus 09/06/1970 Acceptance 24 Czech Republic 26/03/1993 Notification of succession 25 Denmark 04/10/1963 Ratification 26 Dominica 14/03/1983 Notification of succession 27 Dominican Republic 30/08/1977 Ratification 28 Ecuador 05/03/1979 Acceptance 29 Egypt 28/03/1962 Acceptance 30 Finland 18/10/1971 Ratification 31 France 11/09/1961 Ratification 32 Georgia 04/11/1992 Notification of succession 33 Germany 17/07/1968 Ratification 34 Guatemala 04/02/1983 Ratification 35 Guinea 11/12/1964 Acceptance 36 Hungary 16/01/1964 Ratification 37 Indonesia 10/01/1967 Acceptance 38 Iran (Islamic Republic of) 17/07/1968 Acceptance 39 Iraq 28/06/1977 Ratification 40 Israel 22/09/1961 Ratification 41 Italy 06/10/1966 Ratification 42 Jamaica 16/03/2006 Ratification 43 Jordan 06/04/1976 Acceptance 44 Kuwait 15/01/1963 Acceptance 45 Kyrgyzstan 03/07/1995 Acceptance 46 Latvia 16/06/2009 Acceptance 47 Lebanon 27/10/1964 Ratification 48 Liberia 17/05/1962 Ratification 49 Libyan Arab Jamahiriya 09/01/1973 Ratification 50 Luxembourg 20/01/1970 Ratification 51 Madagascar 21/12/1964 Ratification 52 Mali 07/12/2007 Ratification

9 2 53 Malta 05/01/1966 Notification of succession 54 Mauritius 20/08/1970 Notification of succession 55 Mongolia 04/11/1964 Ratification 56 Montenegro 26/04/2007 Notification of succession 57 Morocco 30/08/1968 Acceptance 58 Netherlands 25/03/1966 Ratification 59 New Zealand 12/02/1963 Ratification 60 Nicaragua 28/09/1981 Ratification 61 Niger 16/07/1968 Acceptance 62 Nigeria 18/11/1969 Acceptance 63 Norway 08/01/1963 Ratification 64 Panama 10/08/1967 Acceptance 65 Peru 19/12/1966 Ratification 66 Philippines 19/11/1964 Acceptance 67 Poland 15/09/1964 Ratification 68 Portugal 08/01/1981 Ratification 69 Republic of Moldova 17/03/1993 Notification of succession 70 Romania 09/07/1964 Ratification 71 Russian Federation 01/08/1962 Ratification 72 Rwanda 28/12/2000 Acceptance 73 Saint Vincent and the Grenadines 22/01/1985 Notification of succession 74 Saudi Arabia 17/08/1973 Ratification 75 Senegal 25/09/1967 Ratification 76 Serbia 11/09/2001 Notification of succession 77 Sierra Leone 02/06/1967 Ratification 78 Slovakia 31/03/1993 Notification of succession 79 Slovenia 05/11/1992 Notification of succession 80 Solomon Islands 19/03/1982 Notification of succession 81 South Africa 09/03/2000 Ratification 82 Spain 20/08/1969 Acceptance 83 Sri Lanka 11/08/1983 Acceptance 84 Swaziland 08/10/1970 Acceptance 85 Sweden 21/03/1968 Ratification 86 Tajikistan 28/08/1992 Notification of succession 87 The former Yugoslav Republic of Macedonia 30/04/1997 Notification of succession 88 Tunisia 29/08/1969 Ratification 89 Uganda 09/09/1968 Acceptance 90 Ukraine 19/12/1962 Ratification 91 United Kingdom of Great Britain and Northern Ireland 14/03/1962 Acceptance 92 United Republic of Tanzania 03/01/1979 Ratification 93 Uruguay 03/05/2004 Acceptance 94 Uzbekistan 08/12/1997 Ratification 95 Venezuela (Bolivarian Republic of) 16/12/1968 Ratification 96 Viet Nam 3 12/06/1968 Ratification 97 Zimbabwe 30/05/2006 Acceptance This Convention entered into force on 22 May It subsequently entered into force for each State three months after the date of deposit of that State s instrument, except in cases of declaration of succession, where the entry into force occurred on the date on which the State assumed responsibility for conducting its international relations. On 17 October 1999, China notified the Director-General of UNESCO that the Convention will continue to apply to the Macao Special Administrative Region of the People's Republic of China with effect from 20 December The Democratic Republic of Viet Nam and the Republic of South Viet Nam (the latter having replaced the Republic of Viet Nam) united on 2 July 1976 to form a new State, the Socialist Republic of Viet Nam (Viet Nam). At the time of writing, the Government of Viet Nam had not yet made known its position regarding any succession.