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

35. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
39. Status of the International Convention on the Suppression and Punishment of the Crime of Apartheid

The General Assembly, Recalling its resolution 3068 (XXVIII) of 30 November 1973, by which it adopted and opened for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid, and its resolutions 3380 (XXX) of 10 November 1975, 31/80 of 13 December 1976, 32/12 of 7 November 1977, 33/103 of 16 December 1978 and 34/27 of 15 November 1979, Recalling also Commission on Human Rights resolutions 13 (XXXIII) of 11 March 1977,[1] 7 (XXXIV) of 22 February 1978,[2] 10 (XXXV) of 5 March 1979[3] and 12 (XXXVI) and 13 (XXXVI) of 26 February 1980,[4] Convinced that the Declaration and the Programme of Action adopted by the World Conference to Combat Racism and Racial Discrimination[5] as well as the programme of activities to be undertaken during the second half of the Decade for Action to Combat Racism and Racial Discrimination, adopted by the General Assembly in its resolution 34/24 of 15 November 1979, are an important and constructive contribution to the struggle against apartheid, racism and all forms of racial discrimination, Aware that the commemoration of the twentieth anniversary of the adoption of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960, will encourage all States to intensify their efforts in supporting the colonially and racially oppressed peoples in their legitimate struggle to gain self-determination and independence, and to put an end to all practices of segregation and discrimination, Reaffirming its conviction that apartheid constitutes a total negation of the purposes and principles of the Charter of the United Nations and is a gross violation of human rights and a crime against humanity, seriously disturbing and threatening international peace and security, Deeply concerned that the racist régime in South Africa has stepped up its policy of apartheid, repression, "bantustanization" and aggression and its continued illegal occupation of Namibia, thereby perpetuating on Namibian territory its odious policy of apartheid, racial discrimination and fragmentation, Condemning the continued collaboration of certain States and transnational corporations with the racist régime of South Africa in the political, economic, military and other fields, thus encouraging it to persist in and intensify the brutal suppression of the people in South Africa, Underlining that ratification of and accession to the Convention on a universal basis and the implementation of its provisions without any delay are necessary for its effectiveness and would be a useful contribution towards achieving the goals of the Decade for Action to Combat Racism and Racial Discrimination, Taking into account Security Council resolution 418 (1977) of 4 November 1977 as a useful step towards achieving the purposes of the Convention, Firmly convinced that the legitimate struggle of the oppressed peoples in southern Africa against colonialism, racism and apartheid and for the effective implementation of their inalienable right to self-determination and independence demands more than ever all necessary support by the international community and, in particular, further action by the Security Council,

1. Takes note of the report of the Secretary-General[6] on the status of the International Convention on the Suppression and Punishment of the Crime of Apartheid,

2. Expresses its satisfaction with the increase in the number of States which have ratified the Convention or acceded thereto;

3. Commends the States parties to the Convention that have submitted their reports under article VII of the Convention and urges other States to do so as soon as possible, taking fully into account the guidelines[7] prepared by the Working Group on the Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid established in accordance with article IX of the Convention;

4. Strongly appeals once again to those States that have not yet become parties to the Convention to ratify it or to accede to it without delay;

5. Requests the Secretary-General to intensify his efforts through appropriate channels to disseminate information on the Convention and its implementation with a view to further promoting ratification of or accession to the Convention;

6. Calls upon all States parties to implement fully article IV of the Convention by adopting 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 11 of the Convention;

7. Again calls upon all States parties and the competent United Nations organs to consider the conclusions and recommendations of the Working Group contained in its reports[8] and to submit their views and comments to the Secretary-General;

8. Expresses its appreciation to the Ad Hoc Working Group of Experts of the Commission on Human Rights for the compilation of the list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention[9] and calls upon all States parties to give this list the widest possible dissemination;

9. Welcomes the efforts of the Commission on Human Rights to undertake the functions set out in article X of the Convention and invites the Commission to intensify, in co-operation with the Special Committee against Apartheid, its efforts to compile periodically the list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention, as well as those against whom or which legal proceedings have been undertaken;

10. Requests the Commission on Human Rights, in preparing the above-mentioned list, to take into account General Assembly resolution 33/23 of 29 November 1978 as well as the documents on this subject prepared by the Commission and its sub-organs reaffirming, inter alia, that States giving assistance to the racist régime in South Africa become accomplices in the inhuman practices of racial discrimination and apartheid,

11. Calls upon the competent United Nations organs to continue to provide the Commission on Human Rights, through the Secretary-General, with information relevant to the periodic compilation of the above-mentioned list as well as with information concerning the obstacles which prevent the effective suppression and punishment of the crime of apartheid,

12. Requests the Secretary-General to distribute the above-mentioned list among all States parties to the Convention and all States Members of the United Nations and to bring such facts to the attention of the public by all means of mass communication;

13. Requests the Secretary-General to include in his next annual report under General Assembly resolution 3380 (XXX) a special section concerning the implementation of the Convention, taking into account the views and comments of States parties to the Convention called for in paragraph 7 above.

73rd plenary meeting
25 November 1980

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[1] See Official Records of the Economic and Social Council, Sixty-second Session, Supplement No. 6 (E/5927), chap. XXI, sect. A. [2] See Official Records of the Economic and Social Council, 1978, Supplement No. 4 (E/1978/34), chap. XXVI, sect. A. [3] Ibid., 1979, Supplement No. 6 (E/1979/36), chap. XXIV, sect. A. [4] Ibid., 1980, Supplement No. 3 (E/1980/13 and Corr.1), chap. XXVI, sect. A. [5] Report of the World Conference to Combat Racism and Racial Discrimination, Geneva, 14-25 August 1978 (United Nations publication, Sales No. E.79.XIV.2), chap. II. [6] A/35/197 and Add. 1. [7] E/CN.4/1286, annex. [8] E/CN.4/1328, sect. VI, and E/CN.4/1358, sect. IV. [9] E/CN.4/1366, annex III.