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
- 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.
- 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;
(c) Any legislative measures and other measures calculated to prevent a racial group or
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
- 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. - 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
- 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. - 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. - 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;
(c) To request information from the competent United Nations organs concerning measures
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. - 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
- Acts enumerated in article II of the present Convention shall not be considered political
crimes for the purpose of extradition. - 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 - The present Convention is subject to ratification. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations. - Accession shall be effected by the deposit of an instrument of accession with the Secretary-
General of the United Nations.
Article XV
- 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. - 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
- 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. - 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;
(c) Denunciations under article XVI;
(d) Notifications under article XVII.
Article XIX
- 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. - The Secretary-General of the United Nations shall transmit certified copies of the present
Convention to all States.