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

1993/10. Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid

The Commission on Human Rights, Recalling General Assembly resolutions 41/103 of 4 December 1986, 42/56 of 30 November 1987, 43/97 of 8 December 1988, 44/79 of 8 December 1989, 45/90 of 14 December 1990, 46/84 of 16 December 1991 and 47/81 of 16 December 1992, Recalling its resolutions 10 (XXXV) of 5 March 1979, 13 (XXXVI) of 26 February 1980, 6 (XXXVII) of 23 February 1981, 1982/10 of 25 February 1982, 1983/12 of 18 February 1983, 1984/7 of 28 February 1984, 1985/10 of 26 February 1985, 1986/7 of 28 February 1986, 1987/11 of 26 February 1987, 1988/14 of 29 February 1988, 1989/8 of 23 February 1989, 1990/12 of 23 February 1990 and 1991/10 of 22 February 1991, Recalling also its resolution 7 (XXXIV) of 22 February 1978, in which it called upon States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid to submit, in accordance with article VII of the Convention, their first report not later than two years after becoming parties to the Convention and their periodic reports at two-year intervals, Convinced that apartheid constitutes a total negation of the purposes and principles of the Charter of the United Nations, a gross violation of human rights and a crime against humanity, seriously threatening regional peace and security, Reiterating the view that the activities of transnational corporations operating in South Africa perpetuate the crime of apartheid, Reaffirming its conviction that it is the responsibility of the United Nations and the international community as a whole to assist the people of South Africa to eliminate apartheid, Taking note of Economic and Social Council resolution 1990/70 of 27 July 1990, by which the Council condemned those transnational corporations that continue to collaborate with the minority Government in South Africa in defiance of United Nations resolutions and international public opinion and, in many cases, in violation of measures adopted by their home countries, Reaffirming also its conviction that ratification of, or accession to, the Convention on a universal basis and implementation of its provisions are necessary for its effectiveness and therefore will contribute to the 3 eradication of the crime of apartheid, Drawing attention to the need to strengthen the various mechanisms for combating apartheid, inter alia through the establishment of an international penal tribunal as provided for in article V of the Convention,

1. Takes note with appreciation of the report of the Group of Three established under article IX of the International Convention on the Suppression and Punishment of the Crime of Apartheid (E/CN.4/1993/54), and in particular of the conclusions and recommendations contained in that report;

2. Welcomes the work done by the Group of Three in accordance with Commission resolution 1991/10 ;

3. Commends those States parties to the Convention that have submitted periodic reports, and calls upon those States parties that have not yet done so to submit their reports as soon as possible, in accordance with article VII of the Convention;

4. Notes with appreciation the views and information submitted by some States parties, in response to Commission resolution 1991/10 , concerning the forms of the crime of apartheid, as described in article II of the Convention;

5. Urges those States that have not yet done so to accede to the Convention without delay, especially those States which have jurisdiction over transnational corporations operating in South Africa;

6. Recommends once again that all States parties to the Convention take full account of the general guidelines laid down by the Group of Three in 1978 for the submission of reports (E/CN.4/1286, annex);

7. Reiterates its recommendation to States parties to be represented when the report of their country is to be considered by the Group of Three;

8. Calls upon all States whose transnational corporations continue to do business with South Africa to take all appropriate steps to terminate their dealings with South Africa;

9. Appeals to States parties to strengthen their cooperation at the national and international levels in order to implement fully the decisions taken by the Security Council and other competent United Nations bodies with a view to the prevention, suppression and punishment of the crime of apartheid in accordance with article VI of the Convention and with the Charter of the United Nations;

10. Appeals to all States parties to the Convention to incorporate a in their legislation provisions relating to "the crime of apartheid" in accordance with article II of the Convention;

11. Urges the resumption of genuine and broad-based negotiations for a democratic and non-racial South Africa; a

12. Appeals to all States, United Nations organs, the specialized agencies and international and national non-governmental organizations to step up their activities to enhance public awareness by denouncing the crimes committed by the Government of South Africa with a view to promoting further accession to the Convention;

13. Requests the international community to urge the Government of South Africa to repeal the remaining apartheid laws and introduce the 0 necessary legal and administrative measures to correct the entrenched socio-economic inequalities;

14. Requests the Secretary-General to intensify his efforts, through appropriate channels, to disseminate information on the Convention and its implementation with a view to promoting further accessions to the Convention and to give consideration to drawing up model legislation which would serve the States parties as a guide for the implementation of the provisions of the Convention;

15. Requests the Group of Three to continue to meet every two years to consider the reports submitted by States parties in accordance with article VII of the Convention;

16. Requests the Secretary-General to continue to provide all necessary assistance to the Group of Three.

42nd meeting
26 February 1993
[Adopted by 30 votes to none, with
21 abstentions, See chap. XV.]
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