criterion/criteria.”'5 This understanding of discrimination, however, is what is often referred to as direct discrimination. In cases where the discrimination is indirect, the key indicator is not necessarily different treatment based on visible or unlawful criteria but the disparate effect on groups or individuals as a result of specified measures or actions. 69.While direct discrimination may be more prominent in human rights discourse, international human rights law prohibits both direct and indirect discrimination. For example, the Convention on the Elimination of Racial Discrimination of 1965 (CERD) in article 1 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."® 70. Given that indirect discrimination is an effects-based concept, it is clear that this definition includes a prohibition not only of direct but also of indirect discrimination. This has been confirmed by the Committee supervising the implementation of the CERD, which describes indirect discrimination as relating to “measures which are not discriminatory at face value but are discriminatory in fact and effect”.'” A similar position obtains under the Discrimination Against Women Convention (CEDAW) on the Elimination of All Forms of of 1979 in relation to the definition of discrimination against women under article 1 of the said convention.'® ‘5 Actions pour la Protection des Droits de ‘Homme (APDH) v. Republic of Cote d'Ivoire (Merits) (2016) 1 AfCLR 668 §§146-147. 16 The Respondent State acceded to the CERD on 27 October 1972 —see, https:/Atbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Countries.aspx?CountryCode=TZA&Lang=E N. 7 European Commission “Limits and potential of the concept of indirect discrimination” https://op.europa.eu/en/publication-detail/-/publication/aa081c13-197b-41c5-a93a-a1638e886e61. 18 The Respondent State ratified the CEDAW on 20 August 1985 - _ see, https://tbinternet.ohchr.orq/_layouts/15/TreatyBodyExternal/Countries.aspx?CountryCode=TZA&Lang=E N. 19