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A/RES/39/21 GA

Report of the Committee on the Elimination of Racial Discrimination : resolution / adopted by the General Assembly

39
Session
145
Yes
1
No
0
Abstentions
Draft symbol A/RES/39/21
Adopted symbol A/RES/39/21
Category SOCIAL CONDITIONS AND EQUITY
P5 Positions
Russia United States United Kingdom China France
UN Document A/RES/39/21 ↗

Vote Recorded VoteA/39/PV.71 Nov. 23, 1984

✗ No (1)
Absent (13)
✓ Yes (145)
Full text of resolution OCR extract — may contain errors
VI. Resolutions adopted on the reports of the Third Committe9 ___ __ _ _ __ _ 19_1 effectiveness and would be a useful contribution towards achieving the complete elimination of apartheid, I. Takes note of the report of the Secretary-General on the status of the International Convention on the Suppres­ sion 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; 3. Appeals once again to those States that have not yet done so to ratify or to accede to the Convention without further delay, in particular those States which have juris­ diction over transnational corporations operating in South Africa and Namibia; 4. Expresses its appreciation of the constructive role played by the Group of Three of the Commission on Human Rights, established in accordance with article IX of the Convention, in analysing the periodic reports of States and in publicizing the experience gained in the international struggle against the crime of apartheid; 5. Calls upon all States parties to the Convention to adopt 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. Further calls upon States parties to the Convention to submit their opinions on the extent and the nature of the responsibility of transnational corporations for the continued existence of the system of apartheid in South Africa and on the application of article III of the Conven­ tion to the activities of those corporations; 7. Requests the Commission on Human Rights 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 those against whom or which legal proceedings have been undertaken; 8. Requests the Secretary-General to distribute the above-mentioned list among all States parties to the Con­ vention and all Member States and to bring such facts to the attention of the public by all means of mass communication; 9. Appeals to all States, United Nations organs, spe­ cialized agencies and international and national non-gov­ ernmental organizations to step up their activities in enhancing public awareness by denouncing the crimes committed by the racist regime of South Africa; 10. Requests the Secretary-General to intensify his efforts, through appropriate channels, to disseminate infor­ mation on the Convention and its implementation with a view to promoting further ratification of or accession to the Convention; 11. Requests the Secretary-General to include in his next annual report under General Assembly resolution 3380 (XXX) of l O November 197 5 a special section con­ cerning the implementation of the Convention. 30 A/39/460. 3! Resolution 2106 A (XX). annex. 32 A/39/459. 33 See resolution 38/ 14. 7 1 st plenary meeting 23 November 1984 39/20. Status of the International Convention on the Elimination of All Forms of Racial Discrimination The Cieneral Assembly, Recalling its resolutions 3057 (XXVIll) of 2 November I 973, 3 I 35 (XXVIll) of 14 December 1973, 3225 (XXIX) of 6 November 1974, 3381 (XXX) of 10 November 1975, 31/79 of 13 December !CJ76, 32/11 of 7 November 1977. 33/101 of 16 December 1978, 34/26 of 15 November 1979, 35/38 of 25 November 1980, 36/ l l of 28 October 1981, 37145 of 3 December 1982 and 38/18 of 22 November 1983. Expressing its satisfactwn at the entry into force, on 3 December 1982, of the competence of the Committee on the Elimination of Racial Discrimination to accept and to examine communications from persons or groups of per­ sons under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination." I. Takes note of the report of the Secretary-General on the status of the International Convention on the Elimina­ tion of All Forms of Racial Discrimination;32 2. Expresses its satisfaction at the increase in the number of States that have ratified the Convention or acceded thereto; 3. Rea_ffirms 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 Second Decade to Combat Racism and Racial Discrimination;31 4. Requests those States that have not yet become par­ ties 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 sub­ mit to the General Assembly annual reports concerning the status of the Convention, in accordance with Assembly resolution 2106 A (XX) of 21 December 1965. 71st plenary meeting 2 3 November 1984 39/21. Report of the Committee on the Elimination of Racial Discrimination The General Assembly Recalling its resolutions 38/21 of 22 November 1983 on the report of the Committee on the Elimination of Racial Discrimination and 39/20 of 23 November 1984 on the status of the International Convention on the Elimination of All Forms of Racial Discrimination,34 as well as its other relevant resolutions on the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination.35 Having considered the report of the Committee on the Elimination of Racial Discrimination on the work of its twenty-ninth and thirtieth sessions,36 submitted under article 9, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination, Emphasizing that it is important for the success of the struggle against all instances of racial discrimination, including vestiges and manifestations of racist ideologies wherever they exist, that all Member States be guided in 34 Resolution 2106 A (XX). a:1ne, 15 Resolution 18114, annex. 16 Official Records o( rh,· Gem,,,! lsscmhil". Thm_1·-mn1h Scsswn. S11pp/c­ mcn1 ,"i",, 18 IA/19: I 8) 192 General Assembly-Thirty-ninth Session their internal and foreign policies by the basic provisions of the Convention, Bearing in mind the fact that the Convention is being implemented in different economic, social and cultural conditions prevailing in individual States parties, Mindful of the obligation of all States parties to comply fully with the provisions of the Convention, Aware of the importance of the contribution of the Committee on the Elimination of Racial Discrimination to the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination, Taking note of the decisions adopted and the recom­ mendations made by the Committee at its twenty-ninth and thirtieth sessions, I. Takes note with appreciation of the report of the Committee on the Elimination of Racial Discrimination on the work of its twenty-ninth and thirtieth sessions; 2. Strongly condemns the policy of apartheid in South Africa and Namibia as a crime against humanity and urges all Member States to adopt effective political, economic and other measures in conformity with the relevant resolu­ tions of the General Assembly, the Security Council and other United Nations bodies, in order to support the legiti­ mate struggle of the oppressed people of South Africa and Namibia for their national liberation and human dignity, and to secure the elimination of the racist apartheid system; 3. Takes note with appreciation of the report submitted to the Committee by the United Nations Council for Namibia37 as the legal Administering Authority for Namibia until independence and encourages the Council in its determined endeavours towards the elimination of apartheid from the Territory and the attainment of inde­ pendence of the people of Namibia; 4. Commends the Committee for its continuous endeavours towards the elimination of apartheid in South Africa and Namibia and of all forms of discrimination based on race, colour, descent or national or ethnic origin. wherever it exists; 5. Takes note with appreciation of the Committee's decision to participate actively in the implementation of the Programme of Action for the Second Decade to Combat Racism and Racial Discrimination;38 6. Requests the Secretary-General to explore the possi­ bilities of issuing as United Nations publications the two studies prepared by the Committee on articles 439 and 740 of the International Convention on the Elimination of All Forms of Racial Discrimination; 7. Welcomes the efforts of the Committee aimed at the elimination of all forms of discrimination against national or ethnic minorities, persons belonging to such minorities and indigenous populations, wherever such discrimination exists, and the attainment of the full enjoyment of their human rights through the implementation of the principles and provisions of the Convention; 8. Welcomes further 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, including the freedom to maintain their cultural characteristics; 3 7 C'ERD/010 I/ Add. 7. 38 See Official Records of the General Assembly. Th1rtr-ninth Session, Sup­ plement No. 18 (A/39/18). para. 591 39 A/C'ONF.119/10. 9. Calls upon all Member States to adopt effective leg­ islative, socio-economic and other necessary measures in order to ensure the prevention or elimination of discrimi­ nation based on race, colour, descent or national fr ethnic origin: I 0. Further calls upon States parties to the Convention to protect fully, by the adoption of the relevant legislative and other measures, in conformity with the Convention, the rights of national or ethnic minorities and persons belonging to such minorities, as well as the rights of indige­ nous populations; 11. Commends States parties to the Convention on measures taken to ensure, within their jurisdiction, the availability of appropriate recourse procedures for the vic­ tims of racial discrimination; 12. Reiterates its invitation to the States parties to the Convention to provide the Committee, in accordance with its general guidelines, with information on the implemen­ tation of the provisions of the Convention, including information on the demographic composition of their pop­ ulation and on their relations with the racist regime of South Africa; 13. Calls upon the United Nations bodies concerned to ensure that the Committee is supplied with all relevant information on all the Territories to which General Assembly resolution 1514 (XV) of 14 December I 960 applies and urges again the administering Powers to co­ operate with these bodies by providing all the necessary information in order to enable the Committee to discharge fully its responsibilities under article 15 of the Convention; 14. Appeals to the States parties to take fully into con­ sideration their obligation under the Convention to submit their reports in due time; 15. Takes note of the decision of the Committee to hold its session m one of the African countries at the appropriate time41 and requests the Secretary-General to explore the possibilities and financial implications of hold­ ing that session within the context of the Second Decade to Combat Racism and Racial Discrimination and to inform the General Assembly and the Committee on his findings: 16. Requests the Secretary-General to take the neces­ sary steps to ensure wider publicity of the work of the Committee, which would facilitate its task to implement effectively its functions under the Convention. 71st plenary meetrng 23 November 1984 39/22. International Youth Year: Participation, Development, Peace The General Assembly, Recalling its resolutions 34/151 of 17 December 1979, 35/126 of 11 December 1980, 36/28 of 13 November 1981, 37/48 of 3 December 1982 and 38/22 of 22 November 1983, Recognizing the profound importance of the direct par­ ticipation of youth in shaping the future of mankind and the valuable contribution that youth can make in the implementation of the new international economic order based on equity and justice, Considering it necessary to disseminate among youth the ideals of peace, respect for human rights and funda- 40 A/C'ONF. I 19/ 11 41 See Offic1al Records of the General AssemNr. Th1rt1·-ninth Sc.,s1011. Sup pll'lnent No. 18 (A/39/18). para. 593.
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