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.
