Rasool Mogooei
PhD Student in International Relations, University of Isfahan
Racial discrimination refers to unfair or prejudicial treatment of individuals or groups based on their race, ethnicity, or cultural background. This phenomenon manifests in various forms, including workplace discrimination, housing, education, healthcare services, and even physical violence. Racial discrimination has deep historical roots and is recognized as a significant social challenge in many societies. However, in some countries, it has longstanding cultural origins, whereas in others, it is a relatively new issue. For instance, in the United States—an industrialized and immigrant-receiving country—a large number of migrants from diverse nations and cultures have settled in recent decades. Despite better welfare conditions and high-income job opportunities, they have consistently faced political and media attacks.
One of the latest instances of racial discrimination against migrants in the U.S. was the executive order issued by Donald Trump, which authorized the arrest, detention, and deportation of a significant number of migrants and asylum seekers. Trump, who had previously issued executive orders against migrants from Muslim-majority countries, including Iran, Iraq, and Yemen, took similar actions on his first day in office on January 20, 2025, from the Oval Office. These executive orders included:
- Restructuring the U.S. Refugee Admissions Program;
- Detaining “aliens suspected of violating federal or state law,” i.e., undocumented migrants, and expediting their deportation;
- Terminating temporary relief programs for citizens of Cuba, Haiti, Nicaragua, and Venezuela;
- Enhancing the U.S. security system against “foreign terrorists and other national security and public safety threats” through advanced screening mechanisms in immigration agencies;
- Imposing partial or complete travel bans on individuals from certain countries;
- Preventing and deterring the entry of undocumented individuals into the U.S.;
- Pursuing criminal charges against undocumented migrants and those who facilitate their unlawful presence in the country.
While countries worldwide enforce strict immigration laws to regulate the entry and exit of foreign nationals, exercising their sovereign right to do so, the measures implemented by the Trump administration extend beyond conventional governmental and legal frameworks. Acts such as detaining asylum seekers without informing them, keeping them in isolated conditions, shackling them, transferring them to third countries such as Panama, and fabricating security and criminal charges against them constitute clear violations of international conventions on refugees and migrants. Although the U.S. has not ratified some of these conventions and does not consider itself bound by them, several key international instruments remain applicable:
- International Convention on the Elimination of All Forms of Racial Discrimination (ICERD): Adopted by the United Nations in 1965, this convention is one of the most significant international documents in the fight against racial discrimination. It prohibits all forms of racial discrimination and obligates member states to take necessary measures to eradicate it. The convention defines racial discrimination as “any distinction, exclusion, restriction, or preference based on race, color, descent, or national or ethnic origin, which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise of human rights and fundamental freedoms in the political, social, economic, cultural, or any other field of public life.”
- Universal Declaration of Human Rights: Articles 1 and 2 of this declaration emphasize that all human beings are born free and equal and should not be subjected to discrimination based on race, skin color, gender, language, religion, or any other status. Article 1 explicitly states: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984): This convention defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him.” This provision applies directly to the detention, isolation, and forced transfer of asylum seekers from U.S. territory to other countries.
- Convention Relating to the Status of Refugees (1951): This convention is arguably the most relevant legal instrument regarding the rights of refugees whom the U.S. government seeks to deport. Its core principle, non-refoulement, prohibits the return of refugees to a country where their life or freedom would be threatened. Additionally, the convention establishes minimum standards for the treatment of refugees, including rights to housing, employment, and education, ensuring they can lead dignified and independent lives.
- American Convention on Human Rights (1969): Article 1 of this convention explicitly states: “No one shall be subject to discrimination on the basis of race, color, nationality, or any other status.” It further obligates U.S. governments to uphold the provisions of this convention and apply them to individuals regardless of their race, nationality, or ethnicity.
Despite the existence of these human rights conventions, it appears that economic, political, and racial motives influence the treatment of migrants and asylum seekers in the U.S. This issue is not confined to the United States; it is also a central theme in migration policies across industrialized European countries, where far-right parties pursue similar discriminatory agendas.
References
- United Nations. (1965). International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial
- United Nations. (1948). Universal Declaration of Human Rights (UDHR). Retrieved from https://www.un.org/en/about-us/universal-declaration-of-human-rights
- United Nations. (1984). Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruel-inhuman-or-degrading
- United Nations. (1951). Convention Relating to the Status of Refugees. Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees
- Organization of American States. (1969). American Convention on Human Rights. Retrieved from https://www.oas.org/dil/treaties_b-32_american_convention_on_human_rights.pdf
