International Convention on the Suppression and Punishment of the International Crime of Apartheid

Adopted and opened for signature and 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,

Recalling the provisions of the Charter of the United Nations, in whichall Members pledged themselves to take joint and separate action incooperation with the Organization for the achievement of universal respectfor, and observance of, human rights and fundamental freedoms for allwithout distinction as to race, sex, language or religion,

Considering the Universal Declaration of Human Rights, which states thatall human beings are born free and equal in dignity and rights and thateveryone is entitled to all the rights and freedoms set forth in theDeclaration, without distinction of any kind, such as race, colour ornational origin,

Considering the Declaration on the Granting of Independence to ColonialCountries and Peoples, in which the General Assembly stated that theprocess of liberation is irresistible and irreversible and that, in theinterests of human dignity, progress and justice, an end must be put tocolonialism and all practices of segregation and discrimination associated therewith,

Observing that, in accordance with the International Convention on theElimination of All Forms of Racial Discrimination, States particularlycondemn racial segregation and apartheid and undertake to prevent,prohibit and eradicate all practices of this nature in territories undertheir jurisdiction,

Observing that, in the Convention on the Prevention and Punishment of theCrime of Genocide, certain acts which may also be qualified as acts ofapartheid constitute a crime under international law,

Observing that, in the Convention on the Non-Applicability of StatutoryLimitations to War Crimes and Crimes Against Humanity, "inhuman actsresulting from the policy of apartheid" are qualified as crimes against humanity,

Observing that the General Assembly of the United Nations has adopted anumber of resolutions in which the policies and practices of apartheid arecondemned as a crime against humanity,

Observing that the Security Council has emphasized that apartheid and itscontinued intensification and expansion seriously disturb and threateninternational peace and security,

Convinced that an International Convention on the Suppression andPunishment of the Crime of apartheid would make it possible to take moreeffective measures at the international and national levels with a view tothe suppression and punishment of the crime of apartheid,

Have agreed as follows:

Article 1

1. The States Parties to the present Convention declare that apartheid isa crime against humanity and that inhuman acts resulting from the policiesand practices of apartheid and similar policies and practices of racialsegregation and discrimination, as defined in Article II of theConvention, are crimes violating the principles of international law, inparticular the purposes and principles of the Charter of the UnitedNations, and constituting a serious threat to international peace and security.

2. The States Parties to the present Convention declare criminal thoseorganizations, institutions and individuals committing the crime of apartheid.

Article 2

For the purpose of the present Convention, the term "the crime ofapartheid", which shall include similar policies and practices of racialsegregation and discrimination as practised in southern Africa, shallapply to the following inhuman acts committed for the purpose ofestablishing and maintaining domination by one racial group of personsover any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the rightto life and liberty of person:

(i) By murder of members of a racial group or groups;

(ii) By the infliction upon the members of a racial group or groups ofserious bodily or mental harm, by the infringement of their freedom ordignity, or by subjecting them to torture or to cruel, inhuman ordegrading treatment or punishment;

(iii) By arbitrary arrest and illegal imprisonment of the members of aracial group or groups;

(b) Deliberate imposition on a racial group or groups of living conditionscalculated to cause its or their physical destruction in whole or in part;

(c) Any legislative measures and other measures calculated to prevent aracial group or groups from participation in the political, social,economic and cultural life of the country and the deliberate creation ofconditions preventing the full development of such a group or groups, inparticular by denying to members of a racial group or groups basic humanrights and freedoms, including the right to work, the right to formrecognized trade unions, the right to education, the right to leave and toreturn to their country, the right to a nationality, the right to freedomof movement and residence, the right to freedom of opinion and expression,and the right to freedom of peaceful assembly and association;

(d) Any measures, including legislative measures, designed to divide thepopulation along racial lines by the creation of separate reserves andghettos for the members of a racial group or groups, the prohibition ofmixed marriages among members of various racial groups, the expropriationof landed property belonging to a racial group or groups or to members thereof;

(e) Exploitation of the labour of the members of a racial group or groups,in particular by submitting them to forced labour;

(f) Persecution of organizations and persons, by depriving them offundamental rights and freedoms, because they oppose apartheid.

Article 3

International criminal responsibility shall apply, irrespective of themotive involved, to individuals, members or organizations and institutionsand representatives of the State, whether residing in the territory of theState in which the acts are perpetrated or in some other State, whenever they:
(a) Commit, participate in, directly incite or conspire in the commissionof the acts mentioned in article II of the present Convention;

(b) Directly abet, encourage or co-operate in the commission of the crimeof apartheid.

Article 4

The States Parties to the present Convention undertake:
(a) To adopt any legislative or other measures necessary to suppress aswell as to prevent any encouragement of the crime of apartheid and similarsegregationist policies or their manifestations and to punish personsguilty of that crime;

(b) To adopt legislative, judicial and administrative measures toprosecute, bring to trial and punish in accordance with their jurisdictionpersons responsible for, or accused of, the acts defined in article II ofthe present Convention, whether or not such persons reside in theterritory of the State in which the acts are committed or are nationals ofthat State or of some other State or are stateless persons.

Article 5

Persons charged with the acts enumerated in article II of the presentConvention may be tried by a competent tribunal of any State Party to theConvention which may acquire jurisdiction over the person of the accusedor by an international penal tribunal having jurisdiction with respect tothose States Parties which shall have accepted its jurisdiction.

Article 6

The States Parties to the present Convention undertake to accept and carryout in accordance with the Charter of the United Nations the decisionstaken by the Security Council aimed at the prevention, suppression andpunishment of the crime of apartheid, and to co-operate in theimplementation of decisions adopted by other competent organs of theUnited Nations with a view to achieving the purposes of the Convention.

Article 7

1. The States Parties to the present Convention undertake to submitperiodic reports to the group established under article IX on thelegislative, judicial, administrative or other measures that they haveadopted and that give effect to the provisions of the Convention.

2. Copies of the reports shall be transmitted through theSecretary-General of the United Nations to the Special Committee on Apartheid.

Article 8

Any State Party to the present Convention may call upon any competentorgan of the United Nations to take such action under the Charter of theUnited Nations as it considers appropriate for the prevention andsuppression of the crime of apartheid.

Article 9

1. The Chairman of the Commission on Human Rights shall appoint a groupconsisting of three members of the Commission on Human Rights, who arealso representatives of States Parties to the present Convention, toconsider reports submitted by States Parties in accordance with article VII.

2. If, among the members of the Commission on Human Rights, there are norepresentatives of States Parties to the present Convention or if thereare fewer than three such representatives, the Secretary-General of theUnited Nations shall, after consulting all States Parties to theConvention, designate a representative of the State Party orrepresentatives of the States Parties which are not members of theCommission on Human Rights to take part in the work of the groupestablished in accordance with paragraph 1 of this article, until suchtime as representatives of the States Parties to the Convention are elected to the Commission on Human Rights.

3. The group may meet for a period of not more than five days, eitherbefore the opening or after the closing of the session of the Commissionon Human Rights, to consider the reports submitted in accordance witharticle VII.

Article 10

1. The States Parties to the present Convention empower the Commission onHuman Rights:
   (a) To request United Nations organs, when transmitting copies ofpetitions under article 15 of the International Convention on theElimination of All Forms of Racial Discrimination, to draw its attentionto complaints concerning acts which are enumerated in article II of the present Convention;

   (b) To prepare, on the basis of reports from competent organs of theUnited Nations and periodic reports from States Parties to the presentConvention, a list of individuals, organizations, institutions andrepresentatives of States which are alleged to be responsible for thecrimes enumerated in article II of the Convention, as well as thoseagainst whom legal proceedings have been undertaken by States Parties to the Convention;

   (c) To request information from the competent United Nations organsconcerning measures taken by the authorities responsible for theadministration of Trust and Non-Self-Governing Territories, and all otherTerritories to which General Assembly resolution 1514 (XV) of 14 December1960 applies, with regard to such individuals alleged to be responsiblefor crimes under article II of the Convention who are believed to be undertheir territorial and administrative jurisdiction.

2. Pending the achievement of the objectives of the Declaration on theGranting of Independence to Colonial Countries and Peoples, contained inGeneral Assembly resolution 1514 (XV), the provisions of the presentConvention shall in no way limit the right of petition granted to thosepeoples by other international instruments or by the United Nations andits specialized agencies.

Article 11

1. Acts enumerated in article II of the present Convention shall not beconsidered political crimes for the purpose of extradition.

2. The States Parties to the present Convention undertake in such cases togrant extradition in accordance with their legislation and with thetreaties in force.

Article 12

Disputes between States Parties arising out of the interpretation,application or implementation of the present Convention which have notbeen settled by negotiation shall, at the request of the States parties tothe dispute, be brought before the International Court of Justice, savewhere the parties to the dispute have agreed on some other form of settlement.

Article 13

The present Convention is open for signature by all States. Any Statewhich does not sign the Convention before its entry into force may accedeto it.

Article 14

1. The present Convention is subject to ratification. Instruments ofratification shall be deposited with the Secretary-General of the UnitedNations.

2. Accession shall be effected by the deposit of an instrument ofaccession with the Secretary-General of the United Nations.

Article 15

1. The present Convention shall enter into force on the thirtieth dayafter the date of the deposit with the Secretary-General of the UnitedNations of the twentieth instrument of ratification or accession.

2. For each State ratifying the present Convention or acceding to it afterthe deposit of the twentieth instrument of ratification or instrument ofaccession, the Convention shall enter into force on the thirtieth dayafter the date of the deposit of its own instrument of ratification orinstrument of accession.

Article 16

A State Party may denounce the present Convention by written notificationto the Secretary-General of the United Nations. Denunciation shall takeeffect one year after the date of receipt of the notification by theSecretary-General.

Article 17

1. A request for the revision of the present Convention may be made at anytime by any State Party by means of a notification in writing addressed tothe Secretary-General of the United Nations.

2. The General Assembly of the United Nations shall decide upon the steps,if any, to be taken in respect of such request.

Article 18

The Secretary-General of the United Nations shall inform all States of thefollowing particulars:
(a) Signatures, ratifications and accessions under articles XIII and XIV;

(b) The date of entry into force of the present Convention under articleXV;

(c) Denunciations under article XVI;

(d) Notifications under article XVII.

Article 19

1. The present Convention, of which the Chinese, English, French, Russianand Spanish texts are equally authentic, shall be deposited in thearchives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certifiedcopies of the present Convention to all States.

As of 01 August 1993
Total Number of States Parties: 96

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