International Treaties & Conventions

Apartheid Library

Apartheid is a Crime Against Humanity:Article 7 (1)

For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(j) The Crime of Apartheid

Definition 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

(followed by list of sample “inhuman acts,” such as racial segregation, reserves and ghettoes; bans on mixed marriages, persecution, exploitation etc.) 

 

Inhuman Acts:Article II

List of sample “inhuman acts,” 

(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.

 

International Responsibility: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.

Prohibited Apartheid:Preamble

Alarmed by manifestations of racial discrimination still in evidence in some areas of the world and by governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation,

Binding signatories for commitment:Article 3

States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.

Guaranteed Right of Return:Article 5 (d) (ii)

The right to leave any country, including one’s own, and to return to one’s country;

Definition of Apartheid:Protocol I (1977), Article 85 (4)

In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol:

c) Practices of apartheid and other inhuman and degrading practices involving out rages upon personal dignity, based on racial discrimination;

Apartheid is in Violation of:Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Apartheid is in Violation of:Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

  • higher standards of living, full employment, and conditions of economic and social progress and development;
  • solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and
  • universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.