28 October 1981

42nd plenary meeting

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, 34/27 of 15 November 1979 and 35/39 of 25 November 1980,

Recalling also Commission on Human Rights resolutions 13 (XXXIII) of 11 March 1977, 7 (XXXIV) of 22 February 1978, 10 (XXXV) of 5 March 1979, 12 (XXXVI) and 13 (XXXVI) of 26 February 1980 and 6 (XXXVII) of 23 February 1981,

Convinced that the Declaration and the Programme of Action adopted by the World Conference to Combat Racism and Racial Discrimination, 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, and their full implementation will contribute to the final eradication of all vestiges of apartheid, racism and racial 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 threatening international peace and security,

Strongly condemning South Africa's stepping up its policy of apartheid, repression and "bantustanization" and its continued illegal occupation of Namibia, thereby perpetuating on Namibian territory its odious policy of apartheid, racial discrimination and fragmentation,

Deeply concerned about South Africa's repeated acts of aggression against sovereign African States, which constitute a manifest breach of international peace and security,

Underlining that the strengthening of the existing mandatory arms embargo and the application of comprehensive mandatory economic sanctions under Chapter VII of the Charter are vital in order to compel the racist regime of South Africa to abandon its policy of apartheid,

Condemning the continued collaboration of certain States and transnational corporations with the racist regime of South Africa in the political, economic, military and other fields as an encouragement to the intensification of its odious policy of apartheid,

Commending the Paris Declaration on Sanctions against South Africa and the Special Declaration on Namibia, adopted by the International Conference on Sanctions against South Africa, held in Paris from 20 to 27 May 1981,

Stressing the need to disseminate on a wider basis more information on the crimes committed by the racist regime of South Africa, taking into consideration the recommendation contained in the documents adopted by the International Seminar on Publicity and Role of Mass Media in the International Mobilization against Apartheid, held at Berlin, German Democratic Republic, from 31 August to 2 September 1981,

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,

Firmly convinced that the legitimate struggle of the oppressed peoples in southern Africa against apartheid, racism and colonialism 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 on the status of the International Convention on the Suppression and Punishment of the Crime of Apartheid;

2. Commends those States parties to the Convention that have submitted their reports under article VII of the Convention, in particular those which presented their second reports, and appeals to those States parties that have not yet done so to submit their reports as soon as possible;

3. Appeals once again to those States that have not yet done so to ratify or to accede to the Convention without further delay;

4. Requests States parties to the Convention to take fully into account the guidelines 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;

5. 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 enumerated in article II of the Convention;

6. Again calls upon all States parties to the Convention and the

competent United Nations organs to consider the conclusions and recommendations of the Working Group contained in its reports and to submit their views and comments to the Secretary-General;

7. 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;

8. Requests the Commission on Human Rights to continue 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 progressive list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention, as well as of those against whom or which legal proceedings have been undertaken;

9. Requests the Commission on Human Rights to take into account General Assembly resolutions 33/23 of 29 November 1978 and 35/32 of 14 November 1980 as well as relevant documents of the Commission and its suborgans reaffirming, inter alia, that States giving assistance to the racist regime of South Africa become accomplices in the inhuman practices of racial discrimination and apartheid;

10. Calls upon all States parties to the Convention and 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;

11. Appeals to all States, United Nations organs, specialized agencies and international and national non-governmental organizations to step up their activities in enhancing public awareness through denouncing the crimes committed by the racist regime of South Africa;

12. Requests the Economic and Social Council in preparing for the Second World Conference to Combat Racism and Racial Discrimination to give special attention to the activities aimed at the eradication of apartheid;

13. Welcomes the active campaign waged by the Special Committee against Apartheid, in co-operation with the Commission on Human Rights, to publicize the importance of the Convention;

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

15. 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.