1973 United Nations Apartheid Convention
The International Convention on the Suppression and Punishment of the Crime of Apartheid was the first binding international treaty that defined apartheid as a crime under international law. It was adopted by the UN General Assembly on 30 November 1973 and entered into force on 18 July 1976. It passed with 91 votes in favor, 4 against (Portugal, South Africa, the United Kingdom, and the United States), and 26 abstentions. As of May 2025, 110 countries are parties to the Convention.
History
Following the rise of the apartheid regime in South Africa in 1948, the international community increasingly recognized apartheid as a threat to human rights. By the 1960s, global condemnation intensified, and UN-backed efforts to fight apartheid gained momentum. The Convention built upon the 1969 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) by explicitly criminalizing apartheid.
United Nations Involvement
- 1967: UN began supporting anti-apartheid movements more actively.
- The UN Commission on Human Rights and the Special Committee Against Apartheid raised global awareness.
- The Convention was drafted by the Commission on Human Rights and adopted in 1973.
- It was the first treaty to classify apartheid as a crime against humanity.
Draft Convention Process
First Resolution (1971)
- Took place at the 26th General Assembly, 6 December 1971.
- Recognized apartheid as a crime against humanity.
- Requested further drafting by the Commission on Human Rights.
Second Resolution (1972)
- Held at the 27th General Assembly, 15 November 1972.
- Urged the draft to be prioritized and finalized for adoption.
About the Convention
- Adopted: 30 November 1973
- In force: 18 July 1976
- Ratifications: 110 (as of 2025)
- South Africa: Acceded on 14 May 2024
Division in Drafting
Some delegates wanted it applied only to South Africa, while others insisted its scope cover all forms of racial discrimination globally.
Key Articles
- Article I: Declares apartheid a crime against humanity.
Article II: Defines crimes of apartheid:
- Murder, torture, arbitrary arrest of a racial group
- Imposed living conditions to destroy a racial group
- Denial of political, economic, and cultural rights
- Division by racial lines
- Exploitation of labor
- Persecution of anti-apartheid activists
Article III: International criminal responsibility applies regardless of motive or location.
- Article IV: Requires states to prevent and prosecute apartheid.
- Article V: Allows states to try offenders in national tribunals.
- Article VI–XII: Set procedures for cooperation, reporting, extradition, and dispute resolution.
- Article XIII–XIX: Address ratification, denunciation, amendments, and depositary duties.
Legacy
- Helped shape international law on crimes against humanity.
- Influenced the Rome Statute of the International Criminal Court (1998).
- Though apartheid ended in South Africa, the Convention remains a landmark in human rights law.
Aftermath
- 1980: A special court for apartheid crimes was proposed but never created.
- 1990s: The UN General Assembly abandoned active enforcement as apartheid ended.
- 1994: Truth and Reconciliation Commission was created in South Africa.
- 2024: South Africa acceded to the Convention after years of non-ratification.
Related Instruments
- 1977 Geneva Convention Protocol I: Recognized apartheid as a grave breach.
- 1991 Draft Code of Crimes Against the Peace and Security of Mankind: Included apartheid as a crime against humanity.
- 1998 Rome Statute: Officially classified apartheid as a crime against humanity.