A/RES/35/39 GA

178 General Assembly-Thirty-fifth Session 7 November 1977, 33/101 of 16 December 1978 and 34/26 of 15 November 1979, 1. Takes note of the report of the Secretary- GeneraFº on the status of the lnternational Convention on the Elimination of Ali Forms of Racial Discrimina- tion;2' 2. Expresses its satisfaction with the increase in the number of States which have ratified the Convention or acceded thereto; 3. Reaffirms once again its conviction that ratifica- tion of or accession to the Convention on a universal basis and implementation of its provisions are neces- sary for the realization of the objectives of the Decade for Action to Combat Racism and Racial Discrimina- tion; 4. Requests States which have not yet beco~e par- ties to the Convention to ratify it or accede to 1t; 5. Appeals to States parties to the Convention to study the possibility of making the declaration provided for in article 14 of the Convention; 6. Requests the Secretary-General to continue to submit to the General Assembly annual reports con- cerning the status of the Convention, in accordance with Assembly resolut10n 2106 A (XX) of21 December 1965. 73rd p/enary meeting 25 November /980 35/39. Status of the lnternational Con\lention on the Suppression and Punishment of the Crime of Apartheid The General Assemb/y, Recalling its resolution 3068 (XXVlll) of 30 Novem- ber 1973, by which it adopted and opened for signature and ratification the International Convention on thc Suppression and Punishment of the Crime of Apart- heid, and its resolutions 3380 (XXX) of 10 November 1975, 31/80 of 13 December 1976, 32/12 of7 November 1977, 33/103 of 16 December 1978 and 34/27 of 15 November 1979, Recalling a/so Commission on Human Rights resolu- tions 13 (XXXIII) of 11 March 1977, 22 7 (XXXIV) of 22 February 1978,23 10 (XXXV) of 5 March 197924 and 12 (XXXVI) and 13 (XXXVI) of 26 February 1980, 25 Convinced that the Declaration and the Programme of Action adopted by the World Conference to Combat Racism and Racial Discrimination 26 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 ali forms of racial discrimination, 211 A/35/196. 21 Resolution 2106 A (XX). annex. 22 See Official Records of the Economic and Social Council, Sixty- second Session, Supplement No. 6 (E/5927), chap. XXI, sect. A. 13 See Officia/ Records of the Economic and Social Council. /978, Supplemenl No. 4 (E/ 1978/34), cha p. XXVI, sect. A. 24 lbid., /979, Supplement No. 6 (E/1979/36), chap. XXIV, sect. A. "!bid., /980. Supplement No. 3 (E/1980/13 and Corr.l), chap. XXVI, sect. A. "Report ofthe World Conference to Combar Racism and Racial Dis- crimina/ion, Geneva, 14-25 August 1978 (United Nations puhlication. Sales No. E.79.XIV 2), chap. 11. A ware that the commemoration of the twentieth an- niversary of the adoption of the Declaration on the Granting of Inciependence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (X V) of 14 December 1960, will encourage ali Sta tes 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 ali practices of segregation and discrimination. Reaffirming its conviction that apartheid constitutes a total negation of the purposes and principies 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 A frica 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 politif _], 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 implementa- tion 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 legitima te struggle of the op- pressed peoples in southern Africa against colonialism, racism and apartheid and for the effective implementa- tion of their inalienable right to self-determination and independence demands more than ever ali necessary support by the international community and. in partic- ular, further action by the Security Council, 1. Takes note of the report of the Secretary- General27 on the status of the I nternational Convention on the Suppression and Punishment of the Crime of Apartheid: 2. Expresses its satisfaction with the increase in the number of Sta tes which have ratified thc 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" prepared by the Working Group on the lmplementa- tion of the International Convention on the Suppres- sion and Punishment of the Crime of Apartheid estab- lished 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 ef- forts through appropriate channels to disseminate in- formation on thc Con vention and its implementation - ·" Ai35.'197andAdd l. "E/CN.411286, "nnex. VI. Resolutions adopted on the reports of the Third Committee 179 with a view to further promoting ratification of or ac- cession to the Convention; 6. Ca/Is upon ali States parties to implement fully ar- ticle IV of the Convention by adopting legislative, judicial and administrative measures to prosecute, bring to tria! and punish, in accordance with their jurisdic- tion, persons responsible for, or accused of, the acts defined in article II of the Convention; 7. Again ca/Is upon ali States parties and the compe- tent United Nations organs to consider the conclusions and recommendations of the Working Group contained in its reports 29 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, organiza- tions, institutions and representatives of States deemed responsible for crimes enumerated in article 11 of the Convention 30 and calls upon ali 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 arti- cle 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 repre- sentatives of States deemed responsible for crimes enumerated in article 11 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 docurnents on this subject prepared by the Commission and its suborgans reaffirming, inter alia, that States giving assistance to the racist régime in South Africa become accomplices in the inhuman prac- tices of racial discrimination and apartheid; 11. Ca/Is upon the competent United N ations organs to continue to provide the Cornmission on Human Rights, through the Secretary-General, with inforrna- tion 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 ali States parties to the Convention and ali States Members of the United Natioqs and to bring such facts to the attention of the public by ali means of mass communication; 13. Requests the Secretary-General to include in his next annual report under General Assernbly resolution 3380 (XXX) a special section concerning the implemen- tation 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 35/40. Report of the Committee on the Elimination of Racial Discrimination The General Assembly, Recalling its resolutions 34 /28 of 15 N overnber 1979 on the report of the Committce on the Elimination of "E/CN.4/ 1328, sect. VI, and E/CN.4 l ~58, sect. IV. rn E/CN.4/1366, annex 111. Racial Discrimination and 34/26 of 15 November 1979 on the status of the I nternational Convention on the Elimination of Ali Forms of Racial Discrimination, as well as its other relevant resolutions on the implementa- tion of the Programme for the Decade for Action to Combat Racism and Racial Discrimination, 11 Having considered the report of the Committee on the Elimination of Racial Discrimination on its twenty-first and twenty-second sessions, J} submitted under article 9, paragraph 2, of the lnternational Convention on the Elimination of Ali Forms of Racial Discrimination, ii Emphasizing the obligation of ali States parties to the Convention to take legislative, judicial and other measures in order to secure full implementation of the provisions of the Convention, Convinced that ali Member States should take effec- tive measures, at the national and international levels, to combat acts or practices of racial discrimination, in- cluding the vestiges and manifestations of racist ideologies wherever they exist, A ware of the importance of the contribution of the Committee on the Elimination of Racial Discrimina- tion to the implemcntation of the Programme for the Decade, through its activities within the framework of the implementation of the Convention, 1. Takes note with appreciation of the report of the Committee on the Elimination of Racial Discrimina- tion on its twenty-first and twenty-second sessions; 2. Welcomes the readiness of the Committee to con- tinue to contribute to the implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination by, inter alia, inten- sifying the monitoring of the implementation of the pro- visions of the lnternational Convention on the Elimina- tion of Ali Forms of Racial Discrimination, preparing relevant studies on the Convention and expanding co- operation with the United Nations Educational, Scien- tific and Cultural Organization, the lnternational Labour Organisation and other relevant bodies within the United Nations system: 3. Requests the Economic and Social Council to in- vite the Committee to take, within the context of its ac- tivities on the implementation of the Convention, active part in the preparations for the work of the second World Conference to Combat Racism and Racial Dis- crimination in the manner the Committee finds appro- priak: 4. Requests the Secretary-General to provide neces- sary assistance to the Committee regarding its activities connected with its contribution to the implementation of the Programme for the Decade, as referred to in para- graphs 2 and 3 abovc; 5. Commends the Committee for paying greater at- tention to the question ofthe elimination ofthe policy of apartheid in South Africa and Namibia, as well as to the elimination of acts and practices of racial discrimina- tion in Trust and Non-Self-Governing Territories and in ali other Territories to which General Assembly resolu- tion 1514 (XV) of 14 December 1960 applies; 6. Further commends the Committee for paying due attention to the protection of the rights of national or ethnic minorities and indigenous populations, as well as the rights of migrant workers, and calls upon ali Mem- ber States to take effective measures in protecting fully " Resolution 3057 (XXVIII), ~nnex. '' Ofjicial Records ol rhe General Assemhly, Thirry-fifth Session, Supplement No. 18 (A/3.\ 18). 'Resolution 2106 A (XX), ,mnex.

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