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International Convention on the Elimination of All Forms of Racial Discrimination
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"CERD" redirects here. For the Indian organisation, see Centre for Ecology & Rural Development.
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination[1]
Location
New York[2]
Effective
4 January 1969[2]
Condition
27 ratifications[3]
Signatories
88[2]
Parties
179[2]
Depositary
UN Secretary-General[4]
Languages
Chinese, English, French, Russian and Spanish[5]
[1]
Membership of the Convention on the Elimination of All Forms of Racial Discrimination:
Recognise competence under Article 14
Do not recognise competence under Article 14
Signed but not ratified
Neither signed nor ratified
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races.[6] Controversially, the Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.[7]
The Convention also includes an individual complaints mechanism, effectively making it enforceable against its parties. This has led to the development of a limited jurisprudence on the interpretation and implementation of the Convention.
The convention was adopted and opened for signature by the United Nations General Assembly on 21 December 1965,[8] and entered into force on 4 January 1969. As of January 2018, it has 88 signatories and 179 parties.[2]
The Convention is monitored by the Committee on the Elimination of Racial Discrimination (CERD).
Contents
[hide]
1 Genesis
2 Core provisions
2.1 Definition of "racial discrimination"
2.2 Prevention of discrimination
2.3 Condemnation of apartheid
2.4 Prohibition of incitement
2.5 Promotion of tolerance
2.6 Dispute resolution mechanism
2.7 Individual complaints mechanism
3 Reservations
4 Jurisprudence
5 Impact
6 Committee on the Elimination of Racial Discrimination
7 Lectures
8 See also
9 References
10 Further reading
11 External links
Genesis[edit]
In December 1960, following incidents of antisemitism in several parts of the world,[9] the United Nations General Assembly adopted a resolution condemning "all manifestations and practices of racial, religious and national hatred" as violations of the United Nations Charter and Universal Declaration of Human Rights and calling on the governments of all states to "take all necessary measures to prevent all manifestations of racial, religious and national hatred".[10] The Economic and Social Council followed this up by drafting a resolution on "manifestations of racial prejudice and national and religious intolerance", calling on governments to educate the public against intolerance and rescind discriminatory laws.[11] Lack of time prevented this from being considered by the General Assembly in 1961,[12] but it was passed the next year.[11]
During the early debate on this resolution, African nations led by the Central African Republic, Chad, Dahomey, Guinea, Côte d'Ivoire, Mali, Mauritania, and Upper Volta pushed for more concrete action on the issue, in the form of an international convention against racial discrimination.[13] Some nations preferred a declaration rather than a binding convention, while others wanted to deal with racial and religious intolerance in a single instrument.[14] The eventual compromise, forced by the Arab nations' political opposition to treating religious intolerance at the same time as racial intolerance plus other nations' opinion that religious intolerance was less urgent,[15] was for two resolutions, one calling for a declaration and draft convention aimed at eliminating racial discrimination,[16] the other doing the same for religious intolerance.[17]
The draft Declaration on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly on 20 November 1963.[18] The same day the General Assembly called for the Economic and Social Council and the Commission on Human Rights to make the drafting of a Convention on the subject an absolute priority.[19] The draft was completed by mid-1964,[20] but delays in the General Assembly meant that it could not be adopted that year.[15] It was finally adopted on 21 December 1965.[8]
Core provisions[edit]
Definition of "racial discrimination"[edit]
Main articles: Racism and Discrimination
Article 1 of the Convention defines "racial discrimination" as:
...any distinction, exclusion, restriction or preference based on race, colour, descent, or 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.[21]
Distinctions made on the basis of citizenship (that is, between citizens and non-citizens) are specifically excluded from the definition, as are positive discrimination policies and other measures taken to redress imbalances and promote equality.[22]
This definition does not distinguish between discrimination based on ethnicity and discrimination based on race, in part because the distinction between the ethnicity and race remains debatable among anthropologists.[23] The inclusion of descent specifically covers discrimination on the basis of caste and other forms of inherited status.[24]
Discrimination need not be strictly based on race or ethnicity for the Convention to apply. Rather, whether a particular action or policy discriminates is judged by its effects.[25]
In seeking to determine whether an action has an effect contrary to the Convention, it will look to see whether that action has an unjustifiable disparate impact upon a group distinguished by race, colour, descent, or national or ethnic origin.[25]
The question of whether an individual belongs to a particular racial group is to be decided, in the absence of justification to the contrary, by self-identification.[26]
Prevention of discrimination[edit]
Main articles: Anti-discrimination law, Equality before the law, and Institutionalized discrimination
Article 2 of the Convention condemns racial discrimination and obliges parties to "undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms".[6] It also obliges parties to promote understanding among all races.[6] To achieve this, the Convention requires that signatories:
Not practice racial discrimination in public institutions[27]
Not "sponsor, defend, or support" racial discrimination[28]
Review existing policies, and amend or revoke those that cause or perpetuate racial discrimination[29]
Prohibit "by all appropriate means, including legislation," racial discrimination by individuals and organisations within their jurisdictions[30]
Encourage groups, movements, and other means that eliminate barriers between races, and discourage racial division[31]
Parties are obliged "when the circumstances so warrant" to use positive discrimination policies for specific racial groups to guarantee "the full and equal enjoyment of human rights and fundamental freedoms".[32] However, these measures must be finite, and "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".[32]
Article 5 expands upon the general obligation of Article 2 and creates a specific obligation to guarantee the right of everyone to equality before the law regardless of "race, colour, or national or ethnic origin".[33] It further lists specific rights this equality must apply to: equal treatment by courts and tribunals,[34] security of the person and freedom from violence,[35] the civil and political rights affirmed in the ICCPR,[36] the economic, social and cultural rights affirmed in the ICESCR,[37] and the right of access to any place or service used by the general public, "such as transport hotels, restaurants, cafes, theatres and parks."[38] This list is not exhaustive, and the obligation extends to all human rights.[39]
Article 6 obliges parties to provide "effective protection and remedies" through the courts or other institutions for any act of racial discrimination.[40] This includes a right to a legal remedy and damages for injury suffered due to discrimination.[40]
Condemnation of apartheid[edit]
Main article: Crime of apartheid
Article 3 condemns apartheid and racial segregation and obliges parties to "prevent, prohibit and eradicate" these practices in territories under their jurisdiction.[41] This article has since been strengthened by the recognition of apartheid as a crime against humanity in the Rome Statute of the International Criminal Court.[42]
The Committee on the Elimination of Racial Discrimination regards this article as also entailing an obligation to eradicate the consequences of past policies of segregation, and to prevent racial segregation arising from the actions of private individuals.[43]
Prohibition of incitement[edit]
Main articles: Hate speech and Hate crime
Article 4 of the Convention condemns propaganda and organizations that attempt to justify discrimination or are based on the idea of racial supremacism.[7] It obliges parties, "with due regard to the principles embodied in the Universal Declaration of Human Rights", to adopt "immediate and positive measures" to eradicate these forms of incitement and discrimination.[7] Specifically, it obliges parties to criminalize hate speech, hate crimes and the financing of racist activities,[44] and to prohibit and criminalize membership in organizations that "promote and incite" racial discrimination.[45] A number of parties have reservations on this article, and interpret it as not permitting or requiring measures that infringe on the freedoms of speech, association or assembly.[46]
The Committee on the Elimination of Racial Discrimination regards this article as a mandatory obligation of parties to the Convention,[47] and has repeatedly criticized parties for failing to abide by it.[48] It regards the obligation as consistent with the freedoms of opinion and expression affirmed in the UNDHR and ICCPR[49] and notes that the latter specifically outlaws inciting racial discrimination, hatred and violence.[50] It views the provisions as necessary to prevent organised racial violence and the "political exploitation of ethnic difference."[51]
Promotion of tolerance[edit]
Main article: Toleration
Article 7 obliges parties to adopt "immediate and effective measures", particularly in education, to combat racial prejudice and encourage understanding and tolerance between different racial, ethnic and national groups.[52]
Dispute resolution mechanism[edit]
Articles 11 through 13 of the Convention establish a dispute resolution mechanism between parties. A party that believes another party is not implementing the Convention may complain to the Committee on the Elimination of Racial Discrimination.[53] The Committee will pass on the complaint, and if it is not resolved between the two parties, may establish an ad hoc Conciliation Commission to investigate and make recommendations on the matter.[54] This procedure has never been used.[55]
Article 22 further allows any dispute over the interpretation or application of the Convention to be referred to the International Court of Justice.[56] This clause has been invoked only twice, by Georgia against Russia[57] and by Ukraine against Russia.[58]
Individual complaints mechanism[edit]
Article 14 of the Convention establishes an individual complaints mechanism similar to that of the First Optional Protocol to the International Covenant on Civil and Political Rights, Optional Protocol to the Convention on the Rights of Persons with Disabilities and Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. Parties may at any time recognise the competence of the Committee on the Elimination of Racial Discrimination to consider complaints from individuals or groups who claim their rights under the Convention have been violated.[59] Such parties may establish local bodies to hear complaints before they are passed on.[60] Complainants must have exhausted all domestic remedies, and anonymous complaints and complaints that refer to events that occurred before the country concerned joined the Optional Protocol are not permitted.[61] The Committee can request information from and make recommendations to a party.[61]
The individual complaints mechanism came into operation in 1982, after it had been accepted by ten states-parties.[62] As of 2010, 58 states had recognised the competence of the Committee,[2] and 54 cases have been dealt with by the Committee.[63]
Reservations[edit]
A number of parties have made reservations and interpretative declarations to their application of the Convention. The Convention text forbids reservations "incompatible with the object and purpose of this Convention" or that would inhibit the operation of any body established by it.[64] A reservation is considered incompatible or inhibitive if two-thirds of parties object to it.[64]
Article 22
Afghanistan, Bahrain, China, Cuba, Egypt, Equatorial Guinea, India, Indonesia, Iraq, Israel, Kuwait, Lebanon, Libya, Madagascar, Morocco, Mozambique, Nepal, Saudi Arabia, Syria, Thailand, Turkey, Vietnam, and Yemen do not consider themselves bound by Article 22. Some interpret this article as allowing disputes to be referred to the International Court of Justice only with the consent of all involved parties.[2]
Obligations beyond existing constitution
Antigua and Barbuda, the Bahamas, Barbados, Guyana, Jamaica, Nepal, Papua New Guinea, Thailand and United States interpret the Convention as not implying any obligations beyond the limits of their existing constitutions.[2]
Hate speech
Austria, Belgium, France, Ireland, Italy, Japan, Malta, Monaco, Switzerland and Tonga all interpret Article 4 as not permitting or requiring measures that threaten the freedoms of speech, opinion, association, and assembly.[2] Antigua and Barbuda, the Bahamas, Barbados, Fiji, Nepal, Papua New Guinea, Thailand and United Kingdom interpret the Convention as creating an obligation to enact measures against hate speech and hate crimes only when a need arises.
The United States of America "does not accept any obligation under this Convention, in particular under articles 4 and 7, to restrict those [extensive protections of individual freedom of speech, expression and association contained in the Constitution and laws of the United States], through the adoption of legislation or any other measures, to the extent that they are protected by the Constitution and laws of the United States."[2]
Immigration
Monaco and Switzerland reserve the right to apply their own legal principles on the entry of foreigners into their labour markets.[2] The United Kingdom does not regard the Commonwealth Immigrants Act 1962 and Commonwealth Immigrants Act 1968 as constituting any form of racial discrimination.[2]
Indigenous people
Tonga reserves the right not to apply the Convention to any restriction on the alienation of land held by indigenous Tongans. Fiji has significant reservations around Article 5, and reserves the right not to implement those provisions if they are incompatible with existing law on voting rights, the alienation of land by indigenous Fijians.[2]
Jurisprudence[edit]
The individual complaints mechanism has led to a limited jurisprudence on the interpretation and implementation of the Convention. So far 45 complaints have been registered with the Committee; 17 of these have been deemed inadmissible, 14 have led to a finding of no violation, and in 10 cases a party has been found to have violated the Convention. Four cases are still pending.[63]
Several cases have dealt with the treatment of Romani people in Eastern Europe. In Koptova v. Slovakia the Committee found that resolutions by several villages in Slovakia forbidding the residence of Roma were discriminatory and restricted freedom of movement and residence, and recommended the Slovak government take steps to end such practices.[65] In L.R. v. Slovakia the Committee found that the Slovak government had failed to provide an effective remedy for discrimination suffered by Roma after the cancellation of a housing project on ethnic grounds.[66] In Durmic v. Serbia and Montenegro the Committee found a systemic failure by the Serbian government to investigate and prosecute discrimination against Roma in access to public places.[67]
In several cases, notably L.K. v. Netherlands and Gelle v. Denmark, the Committee has criticized parties for their failure to adequately prosecute acts of racial discrimination or incitement. In both cases, the Committee refused to accept "any claim that the enactment of law making racial discrimination a criminal act in itself represents full compliance with the obligations of States parties under the Convention".[68] Such laws "must also be effectively implemented by the competent national tribunals and other State institutions".[69] While the Committee accepts the discretion of prosecutors on whether or not to lay charges, this discretion "should be applied in each case of alleged racial discrimination in the light of the guarantees laid down in the Convention"[70]
In The Jewish community of Oslo et al. v. Norway, the Committee found that the prohibition of hate speech was compatible with freedom of speech, and that the acquittal of a neo-Nazi leader by the Supreme Court of Norway on freedom of speech grounds was a violation of the Convention.[71]
In Hagan v. Australia, the Committee ruled that, while not originally intended to demean anyone, the name of the "E. S. 'Nigger' Brown Stand" (named in honour of 1920s rugby league player Edward Stanley Brown) at a Toowoomba sports field was racially offensive and should be removed.[72]
Impact[edit]
The impact of an international treaty can be measured in two ways: by its acceptance, and by its implementation.[73][74] On the first measure, the Convention has gained near-universal acceptance by the international community, with fewer than twenty (mostly small) states yet to become parties.[2] Most major states have also accepted the Convention's individual complaints mechanism, signaling a strong desire to be bound by the Convention's provisions.[2]
On the second measure, the Convention has had a significant impact on national legislation, with many states adopting legislation outlawing racial discrimination by the state, in the workplace, or in the provision of services such as housing and education. Such legislation may be either civil or criminal.[75] Examples of the former include the Civil Rights Act 1964 (United States), Race Relations Act 1971 (New Zealand), Racial Discrimination Act 1975 (Australia), Race Relations Act 1976 (UK), and Canadian Human Rights Act 1977 (Canada). Criminal provisions are used in Belgium, Denmark, France, Italy, Norway and Portugal.[75] Despite reservations to the Convention, most western European nations have criminalized the incitement of racial hatred.[75]
The Convention has faced persistent problems with reporting since its inception, with parties frequently failing to report fully,[76] or even at all.[77] As of 2008, twenty parties had failed to report for more than ten years, and thirty parties had failed to report for more than five.[78] One party, Sierra Leone, had failed to report since 1976, while two more – Liberia and Saint Lucia had never met their reporting requirements under the Convention.[79] The Committee has responded to this persistent failure to report by reviewing the late parties anyway – a strategy that has produced some success in gaining compliance with reporting requirements.[80] This lack of reporting is seen by some as a significant failure of the Convention.[81] However the reporting system has also been praised as providing "a permanent stimulus inducing individual States to enact anti-racist legislation or amend the existing one when necessary."[82]
In 2017 Ukraine opened a case against Russia for discrimination of Crimean Tatars in military occupied Autonomous Republic of Crimea.[83]
Committee on the Elimination of Racial Discrimination[edit]
The Committee on the Elimination of Racial Discrimination is a body of human rights experts tasked with monitoring the implementation of the Convention. It consists of 18 independent human rights experts, elected for four-year terms, with half the members elected every two years. Members are elected by secret ballot of the parties, with each party allowed to nominate one of its nationals to the Committee.[84]
All parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to give effect to the Convention. The first report is due within a year of the Convention entering into effect for that state; thereafter reports are due every two years or whenever the Committee requests.[85] The Committee examines each report and addresses its concerns and recommendations to the state party in the form of "concluding observations".
The Committee typically meets every March and August in Geneva.[86] The current (as of April 2017) membership of the Committee is:[87][needs update]
Name
State
Term expires
Noureddine Amir (Vice-chairperson) Algeria 2018
Alexei S. Avtonomov Russian Federation 2020
Marc Bossuyt Belgium 2018
Jose Francisco Cali Tzay Guatemala 2020
Anastasia Crickley (Chairperson) Ireland 2018
Fatimata-Binta Victoire Dah Burkina Faso 2020
Afiwa-Kindena Hohoueto Togo 2018
Anwar Kemal Pakistan 2018
Melhem Khalaf (Vice-chairperson) Lebanon 2018
Gun Kut Turkey 2018
Jose A. Lindgren Alves Brazil 2018
Nicolás Marugán Spain 2020
Gay Mcdougall United States 2020
Yemhelhe Mint Mohamed Mauritania 2020
Pastor Elias Murillo Martinez Colombia 2020
Verene Albertha Shepherd Jamaica 2020
Yanduan Li China 2020
Yeung Kam John Yeung Sik Yuen Mauritius 2018
Lectures[edit]
Lecture by Mr. Linos-Alexander Sicilianos entitled The Application of the United Nations Convention on the Elimination of All Forms of Racial Discrimination: Challenges Ahead in the Lecture Series of the United Nations Audiovisual Library of International Law
See also[edit]
Anti-racism
Declaration on the Elimination of All Forms of Racial Discrimination
Racial Equality Proposal, 1919
World Conference against Racism
Environmental racism in Europe
Environmental racism
References[edit]
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^ Jump up to: a b United Nations General Assembly Resolution 2106 (XX), 21 December 1965.
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Jump up ^ United Nations General Assembly Resolution 1781 (XVII), 7 December 1962.
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^ Jump up to: a b "CERD General Recommendation No. 14: Definition of discrimination (Art.1, par.1)". UN OHCHR. 22 March 1993. Archived from the original on 13 February 2008. Retrieved 5 June 2008.
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Jump up ^ ICERD, Article 2.1(a).
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^ Jump up to: a b ICERD, Article 2.2.
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Jump up ^ ICERD, Article 5(a).
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^ Jump up to: a b ICERD, Article 6.
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Jump up ^ Rome Statute of the International Criminal Court, Article 7.1(j).
Jump up ^ "CERD General Recommendation No. 19: Racial segregation and apartheid". UN OHCHR. 18 August 1995. Archived from the original on 12 September 2009. Retrieved 9 October 2009.
Jump up ^ ICERD, Article 4(a).
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Jump up ^ "CERD General Recommendation No. 01: States parties' obligations Art. 4". UN OHCHR. 25 February 1972. Archived from the original on 12 September 2009. Retrieved 9 October 2009.
Jump up ^ "CERD General Recommendation No. 15: Organized violence based on ethnic origin". UN OHCHR. 23 March 1993. pp. paragraph 4. Archived from the original on 12 September 2009. Retrieved 9 October 2009.
Jump up ^ ICCPR, Article 20.2.
Jump up ^ CERD General Recommendation No. 15, Paragraph 1.
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Jump up ^ "Pending cases: Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation)". International Court of Justice. Retrieved 2009-12-20.
Jump up ^ Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation)
Jump up ^ ICERD, Article 14 (1).
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^ Jump up to: a b ICERD, Article 14 (6) & (7).
Jump up ^ ICERD, Article 14, UN OHCHR
^ Jump up to: a b "Status of communications dealt with by CERD under Art. 14 Procedure". UN CERD. 22 July 2010. Retrieved 2010-08-03.
^ Jump up to: a b ICERD, Article 20.2.
Jump up ^ "Communication No 13/1998 : Koptova v. Slovakia. 01/11/2000". UN CERD. 1 November 2000. Archived from the original on 4 June 2011. Retrieved 11 October 2009.
Jump up ^ "Communication No. 31/2003 : L.R. v. Slovakia. 10/03/2005." UN CERD. 10 March 2005. Archived from the original on 27 July 2010. Retrieved 11 October 2009.
Jump up ^ "Durmic v. Serbia and Montenegro" (PDF). UN CERD. 6 March 2006. Retrieved 2009-10-11.
Jump up ^ "Communication No 4/1991 : L.K. v. Netherlands. 16/03/93." UN CERD. 16 March 1993. Archived from the original on 4 June 2011. Retrieved 11 October 2009.
Jump up ^ "Communication No. 34/2004 : Gelle v. Denmark. 15/03/2006". UN CERD. 15 March 2006. Archived from the original on 4 June 2011. Retrieved 11 October 2009.
Jump up ^ L.K. v. Netherlands, para. 6.5
Jump up ^ "The Jewish community of Oslo et al. v. Norway, Communication No. 30/2003, U.N. Doc. CERD/C/67/D/30/2003 (2005)". UN CERD. 15 August 2005. Retrieved 2009-10-11.
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Jump up ^ Lérner, p. 165.
Jump up ^ Heyns, Christof; Viljoen, Frans (2001). "The Impact of the United Nations Human Rights Treaties on the Domestic Level". Human Rights Quarterly. 23: 483–535. doi:10.1353/hrq.2001.0036.
^ Jump up to: a b c Mary Coussey (April 2002). "Home Office Research Study 238: Tackling racial equality: international comparisons" (PDF). UK Home Office. p. 10. Retrieved 2009-11-15.
Jump up ^ "CERD General Recommendation No. 04: Demographic composition of the population". UN OHCHR. 25 August 1973. Archived from the original on 12 September 2009. Retrieved 15 November 2009.
Jump up ^ "CERD General Recommendation No. 06: Overdue reports". UN OHCHR. 19 March 1982. Archived from the original on 12 September 2009. Retrieved 15 November 2009.
Jump up ^ "Report of the Committee on the Elimination of Racial Discrimination Seventy-second session (18 February-7 March 2008) and Seventy-third session (28 July-15 August 2008) (A/63/18)" (PDF). UN General Assembly. 2008. Retrieved 2009-11-15.
Jump up ^ Report of the Committee on the Elimination of Racial Discrimination, p. 103.
Jump up ^ Report of the Committee on the Elimination of Racial Discrimination, pp. 104–105.
Jump up ^ Felice, William F. (2002). "The UN Committee on the Elimination of All Forms of Racial Discrimination: Race, and Economic and Social Human Rights". Human Rights Quarterly. 24: 205–236. doi:10.1353/hrq.2002.0009.
Jump up ^ Lérner, Natán (2003). Group rights and discrimination in international law (second edition). The Hague: Kluwer Law International. p. 71. ISBN 90-411-1982-5.
Jump up ^ "Ukraine sues Russia in International Court of Justice for 'financing terrorism' and discrimination". Mar 2017.
Jump up ^ ICERD, Article 8.
Jump up ^ ICERD, Article 9.
Jump up ^ "Committee on the Elimination of Racial Discrimination – Sessions". UN OHCHR. Archived from the original on 17 May 2008. Retrieved 2008-06-03.
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Further reading[edit]
The U.N. Convention on the Elimination of All Forms of Racial Discrimination. By Natán Lérner. Alphen aan den Rijn: Sijthoff & Noordhoff International, 1980.
Procedural history and related documents on the International Convention on the Elimination of All Forms of Racial Discrimination in the Historic Archives of the United Nations Audiovisual Library of International Law
Universal Rights Group Report: Combatting religious intolerance: implementation of resolution 16/18.
External links[edit]
"International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)". UN OHCHR. Retrieved 2013-03-08.
List of parties
Committee on the Elimination of Racial Discrimination
Decisions of the Committee on the Elimination of Racial Discrimination
CERD jurisprudence
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WorldCat Identities
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The Last of the Mohicans (1992 film)
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The Last of the Mohicans
Theatrical release poster
Directed by
Michael Mann
Produced by
Michael Mann
Hunt Lowry
Screenplay by
Michael Mann
Christopher Crowe
Story by
John L. Balderston
Paul Perez
Daniel Moore
Based on
The Last of the Mohicans
by James Fenimore Cooper
The Last of the Mohicans
by Philip Dunne
Starring
Daniel Day-Lewis
Madeleine Stowe
Jodhi May
Music by
Trevor Jones
Randy Edelman
Cinematography
Dante Spinotti
Edited by
Dov Hoenig
Arthur Schmidt
Production
company
Morgan Creek Productions
Distributed by
20th Century Fox
(USA & Canada)
Warner Bros.
(International)
Release date
August 26, 1992 (1992-08-26) (France)
September 25, 1992 (1992-09-25) (United States)
Running time
112 minutes[1]
Country
United States
Language
English
French
Mohawk
Huron
Budget
$40 million[2]
Box office
$75.5 million (North America)[2]
The Last of the Mohicans is a 1992 American epic historical drama, set in 1757 during the French and Indian War. It was directed by Michael Mann, based on James Fenimore Cooper's eponymous 1826 novel and George B. Seitz's 1936 film adaptation, owing more to the latter than the novel. The film stars Daniel Day-Lewis, Madeleine Stowe, and Jodhi May, with Russell Means, Wes Studi, Eric Schweig, and Steven Waddington in supporting roles. It was produced by Morgan Creek Pictures.
The soundtrack features music by Trevor Jones and Randy Edelman, and the song "I Will Find You" by Clannad. The main theme of the film is taken from the tune "The Gael" by Scottish singer-songwriter Dougie MacLean. Released on September 25, 1992 in the United States, The Last of the Mohicans was met with nearly universal praise from critics and commercial success during its box-office run.
Contents
[hide]
1 Plot
2 Cast
3 Soundtrack
4 Props
5 Locations
6 Reception and honors
6.1 Box office
7 Alternate versions
8 References
9 External links
Plot[edit]
The story takes place in 1757, during the French and Indian War in the Adirondack Mountains, in the British colony of New York. British Army Major Duncan Heyward arrives in Albany. He has been sent to serve under Colonel Edmund Munro, the commander of Fort William Henry. Heyward is given the task of escorting the colonel’s two daughters, Cora and Alice, to their father. He is a family friend and in love with Cora, to whom he proposes before they leave, but she does not give him an answer.
Major Heyward, the two women, and a troop of British soldiers march through the rugged countryside, guided by Magua, a Huron warrior. Magua leads the party into an ambush. All of the soldiers are killed or wounded, but Heyward and the women are rescued by the timely intervention of the Mohican chief Chingachgook, his son Uncas, and his white, adopted son "Hawkeye", who kill all of the ambushers except Magua, who escapes. The rescuers agree to take the women and Heyward to the fort. During the fight, Hawkeye noticed that Magua attempted to kill Cora and asks Duncan if he knows why. During the trek, Cora and Hawkeye are attracted to each other, as are Uncas and Alice.
When the party nears the fort, they find it under siege by the French and their Huron allies. The party manages to sneak in and are greeted by Colonel Munro, who asks Major Heyward about the requested, desperately needed reinforcements. While there, Cora and Hawkeye share a passionate kiss, and Heyward becomes jealous. In response, Cora finally tells him she will not marry him.
When Munro refuses to allow the militiamen to sneak away to defend their own families and homes, as he had earlier promised, Hawkeye arranges it anyway. He stays, however, and is condemned to death. Before that happens, during a parlay, French general Louis-Joseph de Montcalm shows Munro an intercepted message which states that no reinforcements have been sent. Montcalm offers to allow the British to evacuate the fort with honor, keeping their weapons. Munro has little choice but to accept. However, Magua, a French ally, is furious at this arrangement. He harbors great hatred for Munro, blaming him for past wrongs done to him and his family.
The following day, Colonel Munro, his soldiers, and their women and children leave the fort. Magua and his Huron warriors ambush them. Magua personally kills Munro. Hawkeye and the Mohicans fight their way out, leading Cora, Alice, and Heyward to temporary safety. Later, however, Magua captures the major and the women. Magua takes his prisoners to a Huron settlement and addresses its sachem. He is interrupted by Hawkeye, who comes in alone to plead for their lives.
The sachem rules that Heyward be returned to the British, Alice given to Magua, and Cora burned alive. Hawkeye, for his great bravery, may leave unharmed. Hawkeye tells Heyward, who is serving as translator, to beg the sachem to let Hawkeye take Cora's place. Instead, Heyward trades his own life for Cora’s.
Once Cora and Hawkeye are far enough away, Hawkeye shoots Heyward to end his suffering. Chingachgook, Uncas, and Hawkeye then set out after Magua's party to free Alice. Uncas races ahead and engages Magua in personal combat, but is killed. Alice chooses to step off the cliff to her death rather than go to the beckoning Magua. While Hawkeye holds Magua's remaining men at bay, Chingachgook duels Magua and avenges his son. Chingachgook prays to the Great Spirit to receive Uncas, calling himself "the last of the Mohicans".
Cast[edit]
Daniel Day-Lewis as Hawkeye/Nathaniel Poe
Madeleine Stowe as Cora Munro
Russell Means as Chingachgook
Eric Schweig as Uncas
Jodhi May as Alice Munro
Steven Waddington as Maj. Duncan Heyward
Wes Studi as Magua
Maurice Roëves as Col. Edmund Munro
Patrice Chéreau as Gen. Louis-Joseph de Montcalm
Edward Blatchford as Jack Winthrop
Tracey Ellis as Alexandra Cameron
Terry Kinney as John Cameron
Sebastian Roché as Martin
Justin M. Rice as James Cameron
Dennis Banks as Ongewasgone
Pete Postlethwaite as Capt. Beams
Colm Meaney as Maj. Ambrose
Mac Andrews as Gen. Daniel Webb
Benton Jennings as Scottish Officer
Jared Harris as British Lieutenant
Soundtrack[edit]
Main article: The Last of the Mohicans (soundtrack)
Props[edit]
Much care was taken with recreating accurate costumes and props. American Bladesmith Society master bladesmith Daniel Winkler made the tomahawks used in the film and knifemaker Randall King made the knives.[3] Wayne Watson is the maker of Hawkeye's "Killdeer" rifle used in the film. The gunstock war club made for Chingachgook was created by Jim Yellow Eagle. Magua's tomahawk was made by Fred A. Mitchell of Odin Forge & Fabrication.
Costumes were originally designed by multiple Academy Award winner James Acheson, but he left the film and had his name removed because of artistic differences with Mann. Designer Elsa Zamparelli was brought in to finish.
Locations[edit]
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (September 2012) (Learn how and when to remove this template message)
Despite the film taking place in upstate New York, according to the film credits, it was filmed mostly in the Blue Ridge Mountains of North Carolina. Locations used include Lake James, Chimney Rock Park and The Biltmore Estate. Some of the waterfalls that were used in the movie include Hooker Falls, Triple Falls, Bridal Veil Falls, and High Falls, all located in the DuPont State Recreational Forest. Another of these falls was Linville Falls, in the mountains of North Carolina. Scenes of Albany were shot in Asheville, NC at The Manor on Charlotte St.
Reception and honors[edit]
The Last of the Mohicans opened to general acclaim, with critics praising the film for its cinematography and music. Critic Roger Ebert of the Chicago Sun-Times gave the film three stars and called it "quite an improvement on Cooper's all but unreadable book, and a worthy successor to the Randolph Scott version," going on to say that "The Last of the Mohicans is not as authentic and uncompromised as it claims to be — more of a matinee fantasy than it wants to admit — but it is probably more entertaining as a result."[4]
Desson Howe of The Washington Post classified the film as "glam-opera" and "the MTV version of gothic romance".[5] Rita Kempley of the Post recognized the "heavy drama," writing that the film "sets new standards when it comes to pent-up passion", but commented positively on the "spectacular scenery".[6]
The Last of the Mohicans is certified "Fresh" at the film site Rotten Tomatoes, with a positive rating of 94% (34 reviews out of 35 counted fresh).[7]
The film won the Academy Award for Best Sound (Chris Jenkins, Doug Hemphill, Mark Smith, Simon Kaye).[8]
American Film Institute recognition:
AFI's 100 Years...100 Heroes and Villains:
Hawkeye - Nominated Hero[9]
Box office[edit]
The film opened in the United States on September 25, 1992, in 1,856 theaters. It was the number 1 movie on its opening weekend.[10][11] By the end of its first weekend, The Last of the Mohicans had generated $10,976,661, and by the end of its domestic run, the film had made $75,505,856.[2] It was ranked the 17th highest-grossing film of 1992 in the United States.[12]
Alternate versions[edit]
The film was released theatrically in 1992 at a length of 112 minutes. It was released at this length on VHS in the U.S. It was re-edited to a length of 117 minutes[13] for its U.S. DVD release on November 23, 1999,[14] which was billed as the "Director's Expanded Edition". It was again re-edited for its U.S. Blu-ray release on October 5, 2010,[15] this time billed as the "Director's Definitive Cut", with a length of 114 mins.[16]
References[edit]
Jump up ^ "The Last of the Mohicans". British Board of Film Classification. Retrieved July 21, 2015.
^ Jump up to: a b c "The Last of the Mohicans (1992)". Box Office Mojo. Retrieved March 18, 2007.
Jump up ^ Haskew, Mike (2006-09-01). "Star-Spangled Hawks Take Wing". 33 (9). Blade Magazine. pp. 30–37. |access-date= requires |url= (help)
Jump up ^ Roger Ebert (September 25, 1992). "The Last of The Mohicans". Chicago Sun-Times. Retrieved 2007-03-18.
Jump up ^ Desson Howe (September 25, 1992). "The Last of The Mohicans". The Washington Post. Retrieved 2007-03-18.
Jump up ^ Rita Kempley (September 25, 1992). "The Last of The Mohicans". The Washington Post. Retrieved 2007-03-18.
Jump up ^ Rotten Tomatoes (March 18, 2007). "Freshness count". Rotten Tomatoes. Retrieved 2007-03-18.
Jump up ^ "The 65th Academy Awards (1993) Nominees and Winners". oscars.org. Retrieved 2011-10-22.
Jump up ^ AFI's 100 Years...100 Heroes and Villains Nominees
Jump up ^ "Weekend Box Office". The Los Angeles Times. 1992-10-06. Retrieved 2011-05-30.
Jump up ^ Fox, David J. (1992-10-06). "Box Office Hasn't Seen the Last of 'Mohicans". The Los Angeles Times. Retrieved 2011-05-30.
Jump up ^ "1992 Yearly Box Office Results". Box Office Mojo. Retrieved 2012-02-14.
Jump up ^ Gerald Wurm (2010-04-07). "Last Of The Mohicans, The (Comparison: Theatrical Version - Director's Expanded Edition)". Movie-Censorship.com. Retrieved 2016-12-18.
Jump up ^ "Last of the Mohicans (Director's Expanded Edition): Daniel Day-Lewis, Madeleine Stowe, Russell Means, Eric Schweig, Jodhi May, Steven Waddington, Wes Studi, Maurice RoÃ«ves, Patrice ChÃ©reau, Edward Blatchford, Terry Kinney, Tracey Ellis, Michael Mann, Christopher Crowe, Daniel Moore, James Fenimore Cooper, John L. Balderston, Paul Perez, Philip Dunne: Movies & TV". Amazon.com. Retrieved 2016-12-18.
Jump up ^ "The Last of the Mohicans Blu-ray: Director's Definitive Cut". Blu-ray.com. Retrieved 2016-12-18.
Jump up ^ Gerald Wurm (2010-10-29). "Last of the Mohicans, The (Comparison: Theatrical Version - Director's Definitive Cut)". Movie-Censorship.com. Retrieved 2016-12-18.
External links[edit]
Wikiquote has quotations related to: The Last of the Mohicans (1992 film)
Kristopher Tapley: Michael Mann looks back on 'The Last of the Mohicans' 20 years later at hitfix.com
The Last of the Mohicans on IMDb
The Last of the Mohicans at the TCM Movie Database
The Last of the Mohicans at AllMovie
The Last of the Mohicans at Box Office Mojo
[show]
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Films directed by Michael Mann
The Jericho Mile (1979)
Thief (1981)
The Keep (1983)
Manhunter (1986)
L.A. Takedown (1989)
The Last of the Mohicans (1992)
Heat (1995)
The Insider (1999)
Ali (2001)
Collateral (2004)
Miami Vice (2006)
Public Enemies (2009)
Blackhat (2015)
[show]
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James Fenimore Cooper's The Last of the Mohicans
Fictional characters
Magua
Chingachgook
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Historical characters
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Tamenund
Films
The Last of the Mohicans (1920 American)
The Last of the Mohicans (1920 German)
The Last of the Mohicans (1932)
The Last of the Mohicans (1936)
The Last of the Mohicans (1968)
Last of the Redmen (1947)
The Last of the Mohicans (1971)
The Last of the Mohicans (1992)
Related
Hawkeye and the Last of the Mohicans
Leatherstocking Tales
The Last of the Mohicans (soundtrack)
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WorldCat Identities
VIAF: 177610562
LCCN: no94041546
Retrieved from "https://en.wikipedia.org/w/index.php?title=The_Last_of_the_Mohicans_(1992_film)&oldid=801890223"
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values: آخر الموهيكان (فيلم 1992) – Arabic

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