The International Convention On The Suppression And Punishment Of The Crime Of Apartheid

Original Language Title: o Mezinárodní úmluvě o potlačení a trestání zločinu apartheidu

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116/1976 Coll.



DECREE



Minister of Foreign Affairs



of 16 December 2002. August 1976



the International Convention on the Suppression and punishment of the crime of apartheid



On 30 November. November 1973 by the General Assembly of the United

Nations adopted the International Convention on the Suppression and punishment of the crime

apartheid.



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

New York 29 May. August 1975.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the president of the Republic has ratified it.



The ratification instrument was deposited the Czechoslovak Socialist Republic

with the Secretary-General of the United Nations, depositary of the Convention,

on 25 April. March 1976.



Convention entered into force on the basis of its article XV, para. 1, the date of

July 18, 1976, and entered into force on that date, also for

The Czechoslovak Socialist Republic.



Minister:



Ing. Chňoupek v.r.



THE INTERNATIONAL CONVENTION



on the Suppression and punishment of the crime of apartheid



States parties to this Treaty,



Recalling the provisions of the Charter of the United Nations, in accordance with

which all Member States commit themselves to undertake in cooperation with the

This organization of the joint and separate action to achieve the overall

the recognition of and respect for human rights and fundamental freedoms for all, without

regard to race, sex, language or religion,



Bearing in mind the Universal Declaration of human rights, which provides that

all people are born free and equal in their dignity

and rights and that everyone is entitled to all the rights and freedoms referred to

in this Declaration, without distinction of any kind, such as race, color,

or national origin,



Bearing in mind the Declaration on the granting of independence to colonial countries and

the Nations, in which the General Assembly declares that the process of liberation

It is unstoppable and irreversible, and that for the sake of human dignity, progress and

Justice is necessary to dispose of colonialism and all practices

segregation and discrimination, which are connected with it,



Recalling that, in accordance with the International Convention on the Elimination of all

forms of racial discrimination States condemn particularly racial segregation and

apartheid and undertake to prevent, prohibit and eradicate all practices

of this kind in the territories that fall under their jurisdiction,



Recalling that, under the Convention, acts of genocide, which may be

also considered the actions of apartheid, a crime under international

rights,



Recalling that, under the Convention on nepromlčitelnosti war crimes and

crimes against humanity are "inhuman acts resulting from the policy

apartheid "considered to be crimes against humanity,



Recalling that the United Nations General Assembly adopted a

a number of resolutions that condemn the policies and practices of apartheid as

a crime against humanity,



Recalling that the Security Council strongly warns that apartheid,

its further escalation and proliferation seriously undermines and endangers the international

peace and security,



convinced that the International Convention on the Suppression and punishment of the crime

apartheid would take even more effective international and

national measures for the Suppression and punishment of the crime of apartheid,



have agreed as follows:



Article. (I)



1. the Contracting States to this Convention declare that apartheid is a crime against

humanity and that inhuman acts resulting from the policies and practices

apartheid and similar policies and practices of racial segregation and

discrimination, which are listed in article II of this Convention, are crimes,

that are contrary to the principles of international law, in particular with the objectives of

and principles of the Charter of the United Nations and a serious risk to

international peace and security.



2. the Contracting States to this Convention declared criminal organisations,

institutions and individuals who commit the crime of apartheid.



Article II



For the purposes of this Convention, the term "crime of apartheid", which includes

similar policies and practices of racial segregation and discrimination, what are

applied in South Africa, apply to the following inhuman acts,

committed with the aim to create and consolidate the domination of one racial group of persons

over any other racial group of persons and systematically these persons

oppress:



and deprivation of Member or members) a racial group or groups

the right to life and freedom of personality:



even the killing of members of a racial group) or groups;



(ii) causing serious bodily or) mental injury to members of racial

the group or groups, limiting their freedom or dignity, or

their torture or cruel, inhuman or degrading treatment or

penalties;



III) arbitrary imprisonment and illegal žalářováním of members of racial

the group or groups;



(b) the deliberate creation of living conditions), racial group or groups,

aimed to achieve her or their partial or total physical

liquidation;



(c)) any legislative and other measures whose effect is to prevent

racial group or groups in participation in the political, social,

Economic and cultural life of the country and the deliberate creation of conditions that

prevent the full development of such a group or groups, in particular by

the members of a racial group or groups are deprived of fundamental human

rights and freedoms, including the right to work, the right to found a trade union permitted

the Organization, the right to education, the right of exit and return to their home country,

the right to nationality, the right to freedom of movement and choice of place of

of establishment, the right to freedom of thought and expression and the right to freedom of

of peaceful assembly and Association;



(d)) any measures including legislative, whose purpose is to

divide the population by race by setting up separate reservations and

the ghettos for the members of a racial group or groups, the prohibition of

to enter into mixed marriages among members of various racial groups,

cases involving expropriation of land owned by a racial group or groups or

their members;



(e) the work of members of racial exploitation) of the group or groups, in particular

deploying them to forced labour;



f) persecution of organizations and persons for their opposition to apartheid

detention of their fundamental rights and freedoms.



Article. (III)



International criminal responsibility shall apply, irrespective of the motivation, the

individuals, members of organizations or institutions and representatives of the State without

consideration of whether it is located on the territory of the State in which to commit

acts or in some other State in all cases, when:



and) commits, directly encourage, participate in or combine with others to

committing the offences referred to in article II of this Convention;



(b)), will be directly incite, encourage or facilitate the crime

apartheid.



Article IV



States parties to this Convention undertake to:



and) adopt any legislative or other measures necessary for the

suppression, as well as to prevent any encouragement of the crime

apartheid and similar policies of racial segregation or its manifestations and to

the punishment of persons who committed such a crime;



(b)) to take legislative, judicial and administrative measures to prosecute, judging

and punishment of people, in accordance with their jurisdiction which are responsible for

the acts referred to in article II of this Convention or of the acts of the accused are

regardless of whether these persons are established in the territory of the State in

which the acts were committed or are nationals of that State or of a

another State or are stateless persons.



Article. In



The person accused of committing the offences referred to in article II of this Convention can

be judged by the competent courts of any State party to this Convention,

that may have jurisdiction over the accused person or the international

Criminal Court which is competent in respect of those Contracting States which

its jurisdiction.



Čl.VI



States parties to this Convention undertake to achieve the objectives of this Convention,

adopt and implement, in accordance with the Charter of the United Nations

the decision of the Security Council intended to prevent, Suppress and punish

of the crime of apartheid and to cooperate in the implementation of the decisions adopted by

other relevant bodies of the United Nations.



Article. (VII)



1. States parties to this Convention undertake to submit to the group established

in accordance with article IX of the periodic reports on the legislative, judicial, administrative

or other measures which they have adopted and which meet the provisions of this

of the Convention.



2. Copies of these messages will be sent through the General

Secretary-General of the United Nations Special Committee on apartheid.



Article. (VIII)



Any State party to this Convention, may invite any appropriate

the authority of the United Nations, in accordance with the Charter of the Organization

the United Nations has taken appropriate steps in its sole discretion to

the prevention and suppression of the crime of apartheid.



Article. (IX)



1. The President of the Commission on Human Rights appointed by the group for consideration

reports submitted by the Contracting States in accordance with article VII, consisting of

three members of the Commission on human rights, who are also representatives of the

the States parties to this Convention.



2. If among the members of the Commission on human rights will not be representatives

the States parties to this Convention or if there are less than three, the General


the Secretary-General of the United Nations shall, after consultation with all

the representative of the Contracting States to this Convention, a Contracting State or a Contracting

States who are not members of the Commission on human rights, to participate in the

the group, established in accordance with paragraph 1 of this article, until then,

When the Human Rights Commission will be elected a representative of a State party

of this Convention.



3. The Group may meet to discuss reports submitted pursuant

Article VII for a period not exceeding five days, either before the meeting

Human Rights Commission, or after.



Article. X



1. the Contracting States to this Convention empower the Commission on human rights to:



and authorities) asked the United Nations to when forwarding a copy of the

petitions pursuant to article 15 of the International Convention on the Elimination of all forms of

pay attention to complaints of racial discrimination relating to offences

which are listed in article II of this Convention;



(b)) based on the reports of the competent authorities of the United Nations and

the periodic reports of the States parties to this Convention has drawn up a list of people

organizations, institutions and representatives of the States who are suspected of

responsibility for the crimes referred to in article II of this Convention, as well as those

against which the States parties to this Convention have already launched legal proceedings;



(c)) requested from the competent authorities of the United Nations information

concerning measures taken by the authorities responsible for the administration of

poručenských and nesamosprávných territories and all other territories to which

covered by General Assembly resolution 1514 (XV) of 14. December 1960,

in respect of persons suspected of having committed the crimes referred to in article II of this

the Convention, of which it is considered that subject to their territorial and

the administrative jurisdiction.



2. To meet the objectives of the Declaration on the granting of independence to Colonial

countries and peoples, which is contained in General Assembly resolution 1514

(XV), the provisions of this Convention shall not in any way restrict the right of

to petition, granted to those Nations other international

documents or by the United Nations and its specialized

organisations.



Article. XI



1. the offences referred to in article II of this Convention will not be for the purpose of extradition

regarded as political crimes.



2. States parties to this Convention shall in these cases, undertake to comply with the

accordance with their laws and applicable treaties, requests for

extradition.



Article. (XII)



Disputes between Contracting States concerning the interpretation of the use or performance of this

Convention which is not settled by negotiation shall, at the request of the States parties,

which are parties to the dispute submitted to the International Court of Justice with

unless the parties to the dispute have agreed on some other

How to resolve the dispute.



Article. XIII



This Convention is open for signature by all States. Any State which

does not sign this Convention before the date of its entry into force, it can

proceed.



Article. XIV



1. this Convention is subject to ratification. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



2. access to the Convention shall be effected by the instrument of accession by the

the Secretary-General of the United Nations.



Article. XV



1. this Convention shall enter into force on the thirtieth day after the date of deposit of the 20th

the instrument of ratification or accession with the Secretary-General of the Organization

of the United Nations.



2. for each State which ratifies or accedes to this Convention after the

date of deposit of the twentieth instrument of ratification or instrument of accession,

This Convention shall enter into force on the thirtieth day after the date of the deposit of its

instrument of ratification or instrument of accession.



Article. XVI



A Contracting State may denounce this Convention by written communication to the

the Secretary-General of the United Nations. Denunciation shall take effect one

year after the date on which the Secretary-General receives this communication.



Article. XVII



1. any Contracting State may at any time request the revision of this Convention

by written notification to the Secretary-General of the United

Nations.



2. The General Assembly of the United Nations shall decide if it

you will need about the steps that need to be in respect of such a request,

to do so.



Article. XVIII



The Secretary-General of the United Nations shall inform all

States of the following:



and about signatures, ratifications) or approaches in accordance with article XIII and XIV;



(b)) of the date of entry into force of this Convention in accordance with article XV;



(c) denunciations in accordance with article) about the XVI;



(d)) of the notices referred to in article XVII.



Article. XIX



1. this Convention, of which the English, Chinese, French, Russian and Spanish

texts being equally authentic, shall be deposited in the archives of the Organization

of the United Nations.



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

a copy of this Convention to all States.

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