International Convention on the Suppression and Punishment of the

Crime of Apartheid

G.A. res. 3068 (XXVIII)), 28 U.N. GAOR Supp. (No. 30) at 75, U.N. Doc. A/9030 (1974),

1015 U.N.T.S. 243, entered into force July 18, 1976.

The States Parties to the present Convention,

Recalling the provisions of the Charter of the United Nations, in which all Members pledged

themselves to take joint and separate action in co-operation with the Organization for the

achievement of universal respect for, and observance of, human rights and fundamental

freedoms for all without distinction as to race, sex, language or religion,

Considering the Universal Declaration of Human Rights, which states that all human beings

are born free and equal in dignity and rights and that everyone is entitled to all the rights and

freedoms set forth in the Declaration, without distinction of any kind, such as race, colour or

national origin,

Considering the Declaration on the Granting of Independence to Colonial Countries and

Peoples, in which the General Assembly stated that the process of liberation is irresistible and

irreversible and that, in the interests of human dignity, progress and justice, an end must be

put to colonialism and all practices of segregation and discrimination associated therewith,

Observing that, in accordance with the International Convention on the Elimination of All

Forms of Racial Discrimination, States particularly condemn racial segregation and apartheid

and undertake to prevent, prohibit and eradicate all practices of this nature in territories under

their jurisdiction,

Observing that, in the Convention on the Prevention and Punishment of the Crime of

Genocide, certain acts which may also be qualified as acts of apartheid constitute a crime

under international law,

Observing that, in the Convention on the Non-Applicability of Statutory Limitations to War

Crimes and Crimes against Humanity, "inhuman acts resulting from the policy of apartheid"

are qualified as crimes against humanity, Observing that the General Assembly of the United

Nations has adopted a number of resolutions in which the policies and practices of apartheid

are condemned as a crime against humanity,

Observing that the Security Council has emphasized that apartheid and its continued

intensification and expansion seriously disturb and threaten international peace and security,

Convinced that an International Convention on the Suppression and Punishment of the Crime

of Apartheid would make it possible to take more effective measures at the international and

national levels with a view to the suppression and punishment of the crime of apartheid, Have

agreed as follows:

Article I

1. The States Parties to the present Convention declare that apartheid is a crime against

humanity and that inhuman acts resulting from the policies and practices of apartheid and

similar policies and practices of racial segregation and discrimination, as defined in article II of

the Convention, are crimes violating the principles of international law, in particular the

purposes and principles of the Charter of the United Nations, and constituting a serious threat

to international peace and security.

2. The States Parties to the present Convention declare criminal those organizations,

institutions and individuals committing the crime of apartheid.

Article II

For the purpose of the present Convention, the term "the crime of apartheid", which shall

include similar policies and practices of racial segregation and discrimination as practised in

southern Africa, shall apply to the following inhuman acts committed for the purpose of

establishing and maintaining domination by one racial group of persons over 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 right to 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 of serious bodily or mental

harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to

cruel, inhuman or degrading treatment or punishment;

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

(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its

or their physical destruction in whole or in part;

groups from participation in the political, social, economic and cultural life of the country and

the deliberate creation of conditions preventing the full development of such a group or

groups, in particular by denying to members of a racial group or groups basic human rights

and freedoms, including the right to work, the right to form recognized trade unions, the right to

education, the right to leave and to return to their country, the right to a nationality, the right to

freedom of 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 the population along racial

lines by the creation of separate reserves and ghettos for the members of a racial group or

groups, the prohibition of mixed marriages among members of various racial groups, the

expropriation of 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 of fundamental rights and

freedoms, because they oppose apartheid.

Article III

International criminal responsibility shall apply, irrespective of the motive involved, to

individuals, members of organizations and institutions and representatives of the State,

whether residing in the territory of the State in which the acts are perpetrated or in some other

State, whenever they:

(a) Commit, participate in, directly incite or conspire in the commission of the acts mentioned

in article II of the present Convention;

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

Article IV

The States Parties to the present Convention undertake:

(a) To adopt any legislative or other measures necessary to suppress as well as to prevent

any encouragement of the crime of apartheid and similar segregationist policies or their

manifestations and to punish persons guilty of that crime;

(b) To adopt legislative, judicial and administrative measures to prosecute, bring to trial and

punish in accordance with their jurisdiction persons responsible for, or accused of, the acts

defined in article II of the present Convention, whether or not such persons reside in the

territory of the State in which the acts are committed or are nationals of that State or of some

other State or are stateless persons.

Article V

Persons charged with the acts enumerated in article II of the present Convention may be tried

by a competent tribunal of any State Party to the Convention which may acquire jurisdiction

over the person of the accused or by an international penal tribunal having jurisdiction with

respect to those States Parties which shall have accepted its jurisdiction.

Article VI

The States Parties to the present Convention undertake to accept and carry out in accordance

with the Charter of the United Nations the decisions taken by the Security Council aimed at the

prevention, suppression and punishment of the crime of apartheid, and to co-operate in the

implementation of decisions adopted by other competent organs of the United Nations with a

view to achieving the purposes of the Convention.

Article VII

1. The States Parties to the present Convention undertake to submit periodic reports to the

group established under article IX on the legislative, judicial, administrative or other measures

that they have adopted and that give effect to the provisions of the Convention.

2. Copies of the reports shall be transmitted through the Secretary-General of the United

Nations to the Special Committee on Apartheid.

Article VIII

Any State Party to the present Convention may call upon any competent organ of the United

Nations to take such action under the Charter of the United Nations as it considers appropriate

for the prevention and suppression of the crime of apartheid.

Article IX

1. The Chairman of the Commission on Human Rights shall appoint a group consisting of

three members of the Commission on Human Rights, who are also representatives of States

Parties to the present Convention, to consider reports submitted by States Parties in

accordance with article VII.

2. If, among the members of the Commission on Human Rights, there are no representatives

of States Parties to the present Convention or if there are fewer than three such

representatives, the Secretary-General of the United Nations shall, after consulting all States

Parties to the Convention, designate a representative of the State Party or representatives of

the States Parties which are not members of the Commission on Human Rights to take part in

the work of the group established in accordance with paragraph 1 of this article, until such time

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, either before the opening or

after the closing of the session of the Commission on Human Rights, to consider the reports

submitted in accordance with article VII.

Article X

1 . The States Parties to the present Convention empower the Commission on Human Rights:

(a) To request United Nations organs, when transmitting copies of petitions under article 15 of

the International Convention on the Elimination of All Forms of Racial Discrimination, to draw

its attention to 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 the United Nations and

periodic reports from States Parties to the present Convention, a list of individuals,

organizations, institutions and representatives of States which are alleged to be responsible

for the crimes enumerated in article II of the Convention, as well as those against whom legal

proceedings have been undertaken by States Parties to the Convention;

taken by the authorities responsible for the administration of Trust and Non-Self-Governing

Territories, and all other Territories to which General Assembly resolution 1514 (XV) of 14

December 1960 applies, with regard to such individuals alleged to be responsible for crimes

under article II of the Convention who are believed to be under their territorial and

administrative jurisdiction.

2. Pending the achievement of the objectives of the Declaration on the Granting of

Independence to Colonial Countries and Peoples, contained in General Assembly resolution

1514 (XV), the provisions of the present Convention shall in no way limit the right of petition

granted to those peoples by other international instruments or by the United Nations and its

specialized agencies.

Article XI

1. Acts enumerated in article II of the present Convention shall not be considered political

crimes for the purpose of extradition.

2. The States Parties to the present Convention undertake in such cases to grant extradition in

accordance with their legislation and with the treaties in force.

Article XII

Disputes between States Parties arising out of the interpretation, application or implementation

of the present Convention which have not been settled by negotiation shall, at the request of

the States parties to the dispute, be brought before the International Court of Justice, save

where the parties to the dispute have agreed on some other form of settlement.

Article XIII

The present Convention is open for signature by all States. Any State which does not sign the

Convention before its entry into force may accede to it.

Article XIV

1. The present Convention is subject to ratification. Instruments of ratification shall be

deposited with the Secretary-General of the United Nations.

2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-

General of the United Nations.

Article XV

1. The present Convention shall enter into force on the thirtieth day after the date of the

deposit with the Secretary-General of the United Nations of the twentieth instrument of

ratification or accession.

2. For each State ratifying the present Convention or acceding to it after the deposit of the

twentieth instrument of ratification or instrument of accession, the Convention shall enter into

force on the thirtieth day after the date of the deposit of its own instrument of ratification or

instrument of accession.

Article XVI

A State Party may denounce the present Convention by written notification to the Secretary-

General of the United Nations. Denunciation shall take effect one year after the date of receipt

of the notification by the Secretary-General.

Article XVII

1. A request for the revision of the present Convention may be made at any time by any State

Party by means of a notification in writing addressed to the 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 XVIII

The Secretary-General of the United Nations shall inform all States of the following particulars:

(a) Signatures, ratifications and accessions under articles XIII and XIV;

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

(d) Notifications under article XVII.

Article XIX

1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts

are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present

Convention to all States.