{"id":3181,"date":"2019-05-20T12:03:13","date_gmt":"2019-05-20T12:03:13","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3181"},"modified":"2019-11-15T20:32:55","modified_gmt":"2019-11-15T20:32:55","slug":"international-convention-on-the-suppression-and-punishment-of-the-crime-of-apartheid","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3181","title":{"rendered":"International Convention on the Suppression and Punishment of the Crime of Apartheid"},"content":{"rendered":"

Adopted and opened for signature, ratification by General Assembly resolution 3068 (XXVIII) of<\/strong>
\n30 November 1973, entry into force 18 July 1976, in accordance with article XV<\/strong><\/p>\n

The States Parties to the present Convention,
\n<\/p>\n

Recalling<\/strong> the provisions of the Charter of the United Nations, in which all Members pledged themselves
\nto take joint and separate action in co-operation with the Organization for the achievement of universal
\nrespect for, and observance of, human rights and fundamental freedoms for all without distinction as to
\nrace, sex, language or religion,<\/p>\n

Considering<\/strong> the Universal Declaration of Human Rights, which states that all human beings are born
\nfree and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth
\nin the Declaration, without distinction of any kind, such as race, color or national origin,<\/p>\n

Considering<\/strong> the Declaration on the Granting of Independence to Colonial Countries and Peoples, in
\nwhich the General Assembly stated that the process of liberation is irresistible and irreversible and that,
\nin the interests of human dignity, progress and justice, an end must be put to colonialism and all
\npractices of segregation and discrimination associated therewith,<\/p>\n

Observing<\/strong> that, in accordance with the International Convention on the Elimination of All Forms of
\nRacial Discrimination, States particularly condemn racial segregation and apartheid and undertake to
\nprevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction,<\/p>\n

Observing<\/strong> that, in the Convention on the Prevention and Punishment of the Crime of Genocide, certain
\nacts which may also be qualified as acts of apartheid constitute a crime under international law,<\/p>\n

Observing<\/strong> that, in the Convention on the Non-Applicability of Statutory Limitations to War Crimes and
\nCrimes against Humanity, “inhuman acts resulting from the policy of apartheid” are qualified as crimes
\nagainst humanity,<\/p>\n

Observing<\/strong> that the General Assembly of the United Nations has adopted a number of resolutions in
\nwhich the policies and practices of apartheid are condemned as a crime against humanity,<\/p>\n

Observing<\/strong> that the Security Council has emphasized that apartheid and its continued intensification
\nand expansion seriously disturb and threaten international peace and security,<\/p>\n

Convinced<\/strong> that an International Convention on the Suppression and Punishment of the Crime of
\nApartheid would make it possible to take more effective measures at the international and national
\nlevels with a view to the suppression and punishment of the crime of apartheid,
\nHave agreed as follows:<\/p>\n

Article I<\/strong><\/em>
\n1. The States Parties to the present Convention declare that apartheid is a crime against
\nhumanity and that inhuman acts resulting from the policies and practices of apartheid and
\nsimilar policies and practices of racial segregation and discrimination, as defined in article II of
\nthe Convention, are crimes violating the principles of international law, in particular the
\npurposes and principles of the Charter of the United Nations, and constituting a serious threat
\nto international peace and security.
\n2. The States Parties to the present Convention declare criminal those organizations, institutions
\nand individuals committing the crime of apartheid.<\/p>\n

Article II<\/strong><\/em>
\nFor the purpose of the present Convention, the term “the crime of apartheid”, which shall include
\nsimilar policies and practices of racial segregation and discrimination as practised in southern Africa,
\nshall apply to the following inhuman acts committed for the purpose of establishing and maintaining
\ndomination by one racial group of persons over any other racial group of persons and systematically
\noppressing them:
\na. Denial to a member or members of a racial group or groups of the right to life and liberty of
\nperson:<\/p>\n

i. By murder of members of a racial group or groups;
\n2. By the infliction upon the members of a racial group or groups of serious bodily
\nor mental harm, by the infringement of their freedom or dignity, or by subjecting
\nthem to torture or to cruel, inhuman or degrading treatment or punishment;
\n3. By arbitrary arrest and illegal imprisonment of the members of a racial group or
\ngroups;<\/p>\n

2. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or
\ntheir physical destruction in whole or in part;
\n3. Any legislative measures and other measures calculated to prevent a racial group or groups
\nfrom participation in the political, social, economic and cultural life of the country and the
\ndeliberate creation of conditions preventing the full development of such a group or groups, in
\nparticular by denying to members of a racial group or groups basic human rights and freedoms,
\nincluding the right to work, the right to form recognized trade unions, the right to education, the
\nright to leave and to return to their country, the right to a nationality, the right to freedom of
\nmovement and residence, the right to freedom of opinion and expression, and the right to
\nfreedom of peaceful assembly and association;
\n4. Any measures, including legislative measures, designed to divide the population along racial
\nlines by the creation of separate reserves and ghettos for the members of a racial group or
\ngroups, the prohibition of mixed marriages among members of various racial groups, the
\nexpropriation of landed property belonging to a racial group or groups or to members thereof;
\n5. Exploitation of the labor of the members of a racial group or groups, in particular by submitting
\nthem to forced labor;
\n6. Persecution of organizations and persons, by depriving them of fundamental rights and
\nfreedoms, because they oppose apartheid.<\/p>\n

Article III<\/strong><\/em>
\nInternational criminal responsibility shall apply, irrespective of the motive involved, to individuals,
\nmembers of organizations and institutions and representatives of the State, whether residing in the
\nterritory of the State in which the acts are perpetrated or in some other State, whenever they:
\na. Commit, participate in, directly incite or conspire in the commission of the acts mentioned in
\narticle II of the present Convention;
\n2. Directly abet, encourage or co-operate in the commission of the crime of apartheid.<\/p>\n

Article IV<\/strong><\/em>
\nThe States Parties to the present Convention undertake:
\na. To adopt any legislative or other measures necessary to suppress as well as to prevent any
\nencouragement of the crime of apartheid and similar segregationist policies or their
\nmanifestations and to punish persons guilty of that crime;
\n2. To adopt legislative, judicial and administrative measures to prosecute, bring to trial and punish
\nin accordance with their jurisdiction persons responsible for, or accused of, the acts defined in
\narticle II of the present Convention, whether or not such persons reside in the territory of the
\nState in which the acts are committed or are nationals of that State or of some other State or
\nare stateless persons.<\/p>\n

Article V<\/strong><\/em>
\nPersons charged with the acts enumerated in article II of the present Convention may be tried by a
\ncompetent tribunal of any State Party to the Convention which may acquire jurisdiction over the person
\nof the accused or by an international penal tribunal having jurisdiction with respect to those States
\nParties which shall have accepted its jurisdiction.<\/p>\n

Article VI<\/strong><\/em>
\nThe States Parties to the present Convention undertake to accept and carry out in accordance with the
\nCharter of the United Nations the decisions taken by the Security Council aimed at the prevention,
\nsuppression and punishment of the crime of apartheid, and to co-operate in the implementation of
\ndecisions adopted by other competent organs of the United Nations with a view to achieving the
\npurposes of the Convention.<\/p>\n

Article VII<\/strong><\/em>
\n1. The States Parties to the present Convention undertake to submit periodic reports to the group
\nestablished under article IX on the legislative, judicial, administrative or other measures that
\nthey have adopted and that give effect to the provisions of the Convention.
\n2. Copies of the reports shall be transmitted through the Secretary-General of the United Nations
\nto the Special Committee on Apartheid.<\/p>\n

Article VIII<\/strong><\/em>
\nAny State Party to the present Convention may call upon any competent organ of the United Nations to
\ntake such action under the Charter of the United Nations as it considers appropriate for the prevention
\nand suppression of the crime of apartheid.<\/p>\n

Article IX<\/strong><\/em>
\n1. The Chairman of the Commission on Human Rights shall appoint a group consisting of three
\nmembers of the Commission on Human Rights, who are also representatives of States Parties
\nto the present Convention, to consider reports submitted by States Parties in accordance with
\narticle VII.
\n2. If, among the members of the Commission on Human Rights, there are no representatives of
\nStates Parties to the present Convention or if there are fewer than three such representatives,
\nthe Secretary-General of the United Nations shall, after consulting all States Parties to the
\nConvention, designate a representative of the State Party or representatives of the States
\nParties which are not members of the Commission on Human Rights to take part in the work of
\nthe group established in accordance with paragraph 1 of this article, until such time as
\nrepresentatives of the States Parties to the Convention are elected to the Commission on
\nHuman Rights.
\n3. The group may meet for a period of not more than five days, either before the opening or after
\nthe closing of the session of the Commission on Human Rights, to consider the reports
\nsubmitted in accordance with article VII.<\/p>\n

Article X<\/strong><\/em>
\n1 . The States Parties to the present Convention empower the Commission on Human Rights:<\/p>\n

a. To request United Nations organs, when transmitting copies of petitions under article 15 of the
\nInternational Convention on the Elimination of All Forms of Racial Discrimination, to draw its
\nattention to complaints concerning acts which are enumerated in article II of the present
\nConvention;
\nb. To prepare, on the basis of reports from competent organs of the United Nations and periodic
\nreports from States Parties to the present Convention, a list of individuals, organizations,
\ninstitutions and representatives of States which are alleged to be responsible for the crimes
\nenumerated in article II of the Convention, as well as those against whom legal proceedings
\nhave been undertaken by States Parties to the Convention;
\nc. To request information from the competent United Nations organs concerning measures taken
\nby the authorities responsible for the administration of Trust and Non-Self-Governing
\nTerritories, and all other Territories to which General
\nAssembly resolution 1514 (XV) of 14 December 1960 applies, with regard to such individuals alleged to
\nbe responsible for crimes under article II of the Convention who are believed to be under their territorial
\nand administrative jurisdiction.<\/p>\n

2. Pending the achievement of the objectives of the Declaration on the Granting of Independence
\nto Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV), the
\nprovisions of the present Convention shall in no way limit the right of petition granted to those\u00a0peoples by other international instruments or by the United Nations and its specialized
\nagencies.<\/p>\n

Article XI<\/strong><\/em>
\n1. Acts enumerated in article II of the present Convention shall not be considered political crimes
\nfor the purpose of extradition.
\n2. The States Parties to the present Convention undertake in such cases to grant extradition in
\naccordance with their legislation and with the treaties in force.<\/p>\n

Article XII<\/strong><\/em>
\nDisputes between States Parties arising out of the interpretation, application or implementation of the
\npresent Convention which have not been settled by negotiation shall, at the request of the States
\nparties to the dispute, be brought before the International Court of Justice, save where the parties to
\nthe dispute have agreed on some other form of settlement.<\/p>\n

Article XIII<\/strong><\/em>
\nThe present Convention is open for signature by all States. Any State which does not sign the
\nConvention before its entry into force may accede to it.<\/p>\n

Article XIV<\/strong><\/em>
\n1. The present Convention is subject to ratification. Instruments of ratification shall be deposited
\nwith the Secretary-General of the United Nations.
\n2. Accession shall be effected by the deposit of an instrument of accession with the SecretaryGeneral of the United Nations.<\/p>\n

Article XV<\/strong><\/em>
\n1. The present Convention shall enter into force on the thirtieth day after the date of the deposit
\nwith the Secretary-General of the United Nations of the twentieth instrument of ratification or
\naccession.
\n2. For each State ratifying the present Convention or acceding to it after the deposit of the
\ntwentieth instrument of ratification or instrument of accession, the Convention shall enter into
\nforce on the thirtieth day after the date of the deposit of its own instrument of ratification or
\ninstrument of accession.<\/p>\n

Article XVI<\/strong><\/em>
\nA State Party may denounce the present Convention by written notification to the Secretary-General of
\nthe United Nations. Denunciation shall take effect one year after the date of receipt of the notification
\nby the Secretary-General.<\/p>\n

Article XVII<\/strong><\/em>
\n1. A request for the revision of the present Convention may be made at any time by any State
\nParty by means of a notification in writing addressed to the Secretary-General of the United
\nNations.
\n2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in
\nrespect of such request.<\/p>\n

Article XVIII<\/strong><\/em>
\nThe Secretary-General of the United Nations shall inform all States of the following particulars:
\na. Signatures, ratifications and accessions under articles XIII and XIV;
\nb. The date of entry into force of the present Convention under article XV;
\nc. Denunciations under article XVI;
\nd. Notifications under article XVII.<\/p>\n

Article XIX<\/strong><\/em>
\n1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts are
\nequally authentic, shall be deposited in the archives of the United Nations.
\n2. The Secretary-General of the United Nations shall transmit certified copies of the present
\nConvention to all States.<\/p>\n","protected":false},"excerpt":{"rendered":"

Adopted and opened for signature, ratification by General Assembly resolution 3068 (XXVIII) of 30 November 1973, entry into force 18 July 1976, in accordance with article XV The States Parties to the present Convention,<\/p>

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