A/RES/37/46 GA

General Assembly-Thirty-seventh Session 1. Takes note of the report of the Secretary-General on the status of the International Convention on the Elimination of All Forms of Racial Discrimination;22 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 ratification of or accession to the Convention on a universal basis and implementation of its provisions are necessary for the real­ ization of the objectives of the Decade for Action to Com­ bat Racism and Racial Discrimination; 4. Requests States that have not yet become parties to the Convention to ratify it or accede thereto; 5. Calls upon States parties to the Convention to con­ sider 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 concerning the sta­ tus of the Convention, in accordance with Assembly reso­ lution 2106 A (XX) of 21 December 1965. 90th plenary meeting 3 December 1982 37/46. Report of the Committee on the Elimination of Racial Discrimination The General Assembly, Recalling its resolutions 36/12 of 28 October 1981 on the report of the Committee on the Elimination of Racial Dis­ crimination and 37/45 of 3 December 1982 on the status of the International Convention on the Elimination of All Forms of Racial Discrimination, 21 as well as its other relevant resolutions on the implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination, 23 Having considered the report of the Committee on the Elimination of Racial Discrimination on its twenty-fifth and twenty-sixth sessions, 24 submitted under article 9, para­ graph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination, Emphasizing the importance for the success of the strug­ gle against all practices of racial discrimination, including vestiges and manifestations of racist ideologies wherever they exist, that all Member States be guided in their internal and foreign policy by the basic provisions of the Convention, Mindful of the obligation of all States parties to comply fully with the provisions of the Convention, Welcoming the continued co-operation of the Committee on the Elimination of Racial Discrimination with the com­ petent specialized agencies, especially the United Nations Educational, Scientific and Cultural Organization and the International Labour Organisation, and with other United Nations bodies, Noting the decisions adopted and recommendations made by the Committee at its twenty-fifth and twenty-sixth sessions, 1. Takes note with appreciation of the report of the Committee on the Elimination of Racial Discrimination on its twenty-fifth and twenty-sixth sessions; 2. Commends the Committee for its contribution to the elimination of all forms of discrimination based on race. 22 A/37/148. 23 Resolution 3057 (XXVIII), annex. 24 Official Records of the General Assembly. Thirty-seventh Session. Supplement No. /8 (A/37/18). colour, descent or national or ethnic origin, wherever it exists; 3. Strongly condemns the policy of apartheid in South Africa and Namibia as the most abhorrent form of racial discrimination and urges all Member States to adopt effec­ tive political, economic and other measures in order to se­ cure the elimination of that policy and to achieve full implementation of the relevant resolutions of the General Assembly, the Security Council and other United Nations bodies; 4. Calls upon the United Nations bodies concerned to ensure that the Committee is supplied with all relevant in­ formation on all the Territories to which General Assembly resolution 1514 (XV) of 14 December 1960 applies and urges the administering Powers to co-operate with these bodies by providing all necessary information in order to enable the Committee to discharge fully its responsibilities under article 15 of the International Convention on the Elim­ ination of All Forms of Racial Discrimination; 5. Commends the Committee for its continuous endeav­ ours towards the elimination of apartheid, racism and racial discrimination in southern Africa and the implementation of United Nations resolutions relating to the liberation and independence of Namibia; 6. Takes note with satisfaction of the efforts of the Com­ mittee aimed at securing the prosperity of national or ethnic minorities and indigenous populations through the imple­ mentation of the principles and provisions of the Convention; 7. Expresses grave concern at the Israeli policy of de­ fiance of the basic principles and objectives of the Conven­ tion, as reflected in the report of the Committee, and calls for the respect and preservation of the national and cultural identity of the Palestinian people; 8. Welcomes the efforts of the Committee aimed at the elimination of all forms of discrimination against migrant workers and their families, the promotion of their rights on a non-discriminatory basis and the achievement of their full equality and of the possibility to preserve their cultural characteristics; 9. Commends the States parties to the Convention on the measures taken to ensure within their jurisdiction the availability of appropriate recourse procedures for the vic­ tims of racial discrimination; 10. Calls upon all Member States to adopt effective legislative, socio-economic and other necessary measures in order to ensure the elimination or prevention of discrim­ ination based on race, colour, descent or national or ethnic origin; 11. Calls upon the States parties to the Convention to protect fully, by the adoption of relevant legislative and other measures, the rights of national or ethnic minorities, as well as the rights of indigenous populations; 12. Reiterates its invitation to the States parties to the Convention to furnish the Committee, in accordance with its general guidelines, with information on the implemen­ tation of the provisions of the Convention, including infor­ mation on the demographic composition of their population and on their relations with the racist regime of South Africa; 13. Takes note with appreciation of the Committee's contribution to the work of the Preparatory Sub-Committee for the Second World Conference to Combat Racism and Racial Discrimination and to the regional seminars held in implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination; 14. Welcomes the decision of the Committee to con­ tribute to the Second World Conference by preparing a study VI. Resolutions adopted on the reports of the Third Committee 181 on the implementation of articles 4 and 7 of the Convention25 and reiterates its request to the Committee to explore the possibility of also preparing for the Conference a study on the implementation of subparagraph (e) of article 5; 15. • Takes note of decision 1 (XXVI) of 19 August 1982 of the Committee on the Elimination of Racial Dis­ crimination, 26 in which the Committee requested the Secretary-General, in consultation with the Government of the Philippines, to explore the possibility of arranging for the twenty-eighth session of the Committee to be held at Manila immediately prior to the holding of the Second World Conference to Combat Racism and Racial Discrimination. 90th plenary meeting 3 December I 982 37/47. 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 subse­ quent resolutions on the status of the Convention, Convinced that the Declaration and the Programme of Action adopted by the World Conference to Combat Racism and Racial Discrimination, 27 as well as the programme of activities to be undertaken during the second half of the Decade for Action to Combat Racism and Racial Discrim­ ination, 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 apartheid and all other forms of racism and racial discrimination, Reaffirming its conviction that apartheid constitutes a to­ tal 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 continued policy of apartheid, repression and "bantustanization" and its con­ tinued illegal occupation of Namibia, thereby perpetuating on Namibian territory its odious policy of apartheid, racial discrimination and fragmentation, Gravely concerned over the widespread torture and ill­ treatment of political prisoners and trade unionists detained by the racist regime of South Africa, leading to the death in detention of many prisoners, including Neil Aggett, Tshi­ fiwa Muofhe and Ernest Moabi Dipale, Deeply concerned about South Africa's repeated acts of aggression against sovereign African States, which consti­ tute a manifest breach of international peace and security, 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, Underlining that the strengthening of the existing man­ datory arms embargo and the application of comprehensive mandatory economic sanctions under Chapter VII of the 25 Ibid .. chap. VI. 26 Ibid., chap. IX. , . 27 Report of the World Conference to Combat Racism and Racial Dis­ crimination, Geneva, 14-25 Au!/USI /978 (United Nations publication, Sales No. E.79.XIV.2). chap. ll. Charter of the United Nations are vital in order to compel the racist regime of South Africa to abandon its policy of apartheid, Recalling its resolutions 36/172 A to P of 17 December 1981 , in particular resolution 36/ 172 B in which it pro­ claimed the year 1982 International Year of Mobilization for Sanctions against South Africa, 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 recommen­ dation contained in the documents adopted by the Interna­ tional Seminar on Publicity and the Role of Mass Media in the International Mobilization against Apartheid, held at Berlin, German Democratic Republic, from 31 August to 2 September 1981 , 28 Firmly convinced that the legitimate struggle of the op­ pressed peoples in southern Africa against apartheid, racism and colonialism and for the effective implementation of their inalienable right to self-determination and independence de­ mands more than ever all necessary support by the inter­ national community and, in particular, further action by the Security Council, Commending the work of the Preparatory Sub-Committee for the Second World Conference to Combat Racism and Racial Discrimination and the recommendations contained in its report to the Economic and Social Council,29 Underlining that ratification of and accession to the In­ ternational Convention on the Suppression and Punishment of the Crime of Apartheid on a universal basis and the implementation of its provisions without any delay are nec­ essary for its effectiveness and would be a useful contri­ bution towards achieving the goals of the Decade for Action to Combat Racism and Racial Discrimination, I. 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;30 2. Commends those States parties to the Convention that have submitted their reports under article VII thereof, in particular those that have 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. Appreciates the constructive role played by the Group of Three of the Commission on Human Rights, established in accordance with article IX of the International Convention on the Suppression and Punishment of the Crime of Apart­ heid, in analysing the periodic reports of States and in pub­ licizing the experience gained in the international struggle against the crime of apartheid; 5. Requests States parties to the Convention to take fully into account the guidelines prepared by the Group ofThree;' 1 6. Calls upon all States parties to the Convention to implement fully article IV thereof by adopting legislative, judicial and administrative measures to prosecute, bring to trial and punish. in accordance with their jurisdiction, per­ sons responsible for, or accused of, the acts enumerated in article II of the Convention; 7. Again calls upon all States parties to the Convention and the competent United Nations organs to consider the conclusions and recommendations of the Group of Three 28 A/36/496-S/14686, annexes 1-111. '° E/1982/26. 10 A/371149 and Corr. I 11 EICN .411286, annex

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