(a) "Racial discrimination" or "discrimination on the basis
of race" for the purposes of Section 31 of Article I of the
California Constitution shall have the same meaning as the term
"racial discrimination" as defined and used in paragraphs 1 and 4 of
Article 1 of Part I of the International Convention on the
Elimination of All Forms of Racial Discrimination, as adopted by the
United Nations General Assembly on December 21, 1965, signed on
behalf of the United States on September 28, 1966, and ratified by
the United States Senate as Treaty Number 95-18 by United States
Senate on June 24, 1994. The language contained in the pertinent
provisions of the International Convention on the Elimination of All
Forms of Racial Discrimination is set forth in subdivision (b).
(b) The International Convention on the Elimination of All Forms
of Racial Discrimination, provides in paragraphs 1 and 4 of Article 1
of Part I, respectively, as follows:

"1. In this Convention, the term "racial discrimination' shall
mean 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."
"4. Special measures taken for the sole purpose of securing
adequate advancement of certain racial or ethnic groups or
individuals requiring such protection as may be necessary in order to
ensure such groups or individuals equal enjoyment or exercise of
human rights and fundamental freedoms shall not be deemed racial
discrimination, provided, however, that such measures do not, as a
consequence, lead to the maintenance of separate rights for different
racial groups and that they shall not be continued after the
objectives for which they were taken have been achieved."

(c) To allow the state to assist the United States Government in
fulfilling its international obligation to pursue a policy to
eliminate all forms of racial discrimination pursuant to paragraph 1
of Article 2 of Part I of the International Convention on the
Elimination of All Forms of Racial Discrimination, as set forth in
subdivision (d), the following provisions shall be used to interpret
and implement Section 31 of Article I of the California Constitution:
(1) Section 31 of Article I of the California Constitution, except
as to its prohibition of granting preferential treatment, shall not
be interpreted as granting an individual a private cause of action to
challenge any special measures undertaken for the purpose of
securing adequate advancement of those racial groups requiring the
protection pursuant to paragraph 1 of Article 2 of Part I of the
International Convention on the Elimination of All Forms of Racial
Discrimination. Special measures shall not be interpreted as
preferential treatment.
(2) Section 31 of Article I of the California Constitution shall
not be construed as requiring the government to prove racial
discrimination before undertaking special measures for the purpose of
securing adequate advancement of those racial minority groups
needing that protection pursuant to paragraph 1 of Article 2 of Part
I of the International Convention on the Elimination of All Forms of
Racial Discrimination.
(d) Paragraph 1 of Article 2 of Part I of the International
Convention on the Elimination of All Forms of Racial Discrimination
provides as follows:

"1. States Parties (member nations that have adopted the
International Convention on the Elimination of All Forms of Racial
Discrimination) condemn racial discrimination to pursue by all
appropriate means and without delay a policy of eliminating racial
discrimination in all its forms and promoting the understanding among
all races, and to this end:
"(a) Each State Party undertakes to engage in no act or practice
of racial discrimination against persons, groups of persons or
institutions and to ensure that all public authorities and public
institutions, national and local, shall act in conformity with this
obligation.
"(b) Each State Party undertakes not to sponsor, defend or support
racial discrimination by any persons or organizations.
"(c) Each State Party shall take effective measures to review
governmental, national and local policies, and to amend, rescind or
nullify any laws and regulations which have the effect of creating or
perpetuating racial discrimination wherever it exists.
"(d) Each State Party shall prohibit and bring to an end, by all
appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group or
organization.
"(e) Each State Party undertakes to encourage, where appropriate,
integrationist multiracial organizations and movements and other
means of eliminating barriers between races, and to discourage
anything which tends to strengthen racial division."