On Ratification of the Slavery Convention of September 25, 1926, the Protocol Amending the Slavery Convention of December 7, 1953, and the Additional Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Customs Similar to Slavery of September 7, 1956

Home / RLA / On Ratification of the Slavery Convention of September 25, 1926, the Protocol Amending the Slavery Convention of December 7, 1953, and the Additional Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Customs Similar to Slavery of September 7, 1956

On Ratification of the Slavery Convention of September 25, 1926, the Protocol Amending the Slavery Convention of December 7, 1953, and the Additional Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Customs Similar to Slavery of September 7, 1956

Law of the Republic of Kazakhstan dated February 5, 2008 No. 19-IV

To ratify the Slavery Convention of September 25, 1926, the Protocol Amending the Slavery Convention of December 7, 1953, and the Additional Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Customs Similar to Slavery of September 7, 1956.

President of the Republic of Kazakhstan

THE SLAVERY CONVENTION, SIGNED IN GENEVA ON SEPTEMBER 25, 1926, AS AMENDED BY THE PROTOCOL OF DECEMBER 7, 1953

Based on the fact that the States that signed the General Act of the Brussels Conference of 1889-90 declared their firm intention to put an end to the slave trade in Africa;

Based on the fact that the States that signed the Saint-Germain Convention of 1919, revising the Berlin General Act of 1885 and the Brussels General Act and Declaration of 1890, expressed their intention to completely eliminate slavery in all its forms and the slave trade on land and at sea;

Having regard to the report of the Provisional Commission on Slavery appointed by the Council of the League of Nations on June 12, 1924.;

Desiring to complete and build on the work accomplished by the Brussels Act and to find a way to put into practice worldwide the intentions expressed with regard to the slave trade and slavery by the signatory States to the Saint-Germain Convention, and recognizing that this requires the adoption of more detailed provisions than those contained in this Convention;

Believing, moreover, that it is necessary to prevent forced labor from leading to conditions similar to those of slavery;

We decided to conclude a convention and appointed our representatives for this purpose.:

/the names of the authorized representatives follow/, Who, upon presentation of their credentials, HAVE AGREED AS FOLLOWS:

Article 1.

For the purposes of this Convention, it is understood that: 1. Slavery is a condition or position of a person over whom the attributes of property rights or some of them are exercised; 2. The slave trade includes any act of capturing, acquiring, or ceding a person for the purpose of selling him into slavery; any act of acquiring a slave for the purpose of selling or exchanging him; any act of ceding by selling or exchanging a slave acquired for the purpose of sale or exchange, as well as generally any act of trading or transporting slaves.

Article 2.

The High Contracting Parties undertake, insofar as they have not yet taken the necessary measures, and each in respect of territories under its sovereignty, jurisdiction, protection, suzerainty or guardianship: (a) to prevent and suppress the slave trade; (b) to continue to strive gradually and as soon as possible for the complete abolition of slavery in all its forms.

Article 3.

The High Contracting Parties undertake to take all appropriate measures to prevent and stop the loading, unloading and transportation of slaves in their territorial waters, as well as in general on all ships flying their national flags. The High Contracting Parties undertake to conclude as soon as possible a general convention on the slave trade, granting them rights and imposing on them duties of the same kind as those provided for in the Convention of June 17, 1925. regarding the international arms trade (articles 12, 20, 21, 22, 23, 24 and paragraphs 3, 4 and 5 of section II of Annex II), subject to the necessary adjustment and implying that this general Convention will not place vessels (even of small tonnage) of any of the High Contracting Parties in a position other than vessels of the other High Contracting Parties. The High Contracting Parties also agree that, both before and after the entry into force of the said general convention, they retain full freedom to conclude among themselves, without departing, however, from the principles set out in the preceding paragraph, such special agreements as, by virtue of their special position, they deem appropriate to achieve in the shortest possible time a complete the eradication of the slave trade.

Article 4.

The High Contracting Parties will provide mutual assistance to each other in order to achieve the abolition of slavery and the slave trade.

Article 5.

The High Contracting Parties recognize that resorting to forced or compulsory labor can lead to serious consequences, and undertake, each with respect to territories under its sovereignty, jurisdiction, patronage, suzerainty or guardianship, to take appropriate measures to avoid that forced or compulsory labor does not create a situation similar to slavery. The Parties agree that: 1. In accordance with the transitional provisions set out in paragraph 2 below, forced or compulsory labour may be required only for public purposes; 2. In territories where forced or compulsory labour for purposes other than public ones still exists, the High Contracting Parties will endeavour to put an end to it gradually and as soon as possible; as long as this forced or compulsory compulsory labor will exist, it will be applied only as an exception, for a proportionate remuneration and on condition that no change of habitual residence is required.; 3. The competent central authorities of the territory concerned will assume responsibility in all cases for resorting to forced or compulsory labour.

Article 6.

The High Contracting Parties, whose legislation does not currently provide for sufficient measures to combat violations of laws and regulations issued to implement the objectives of this Convention, undertake to take the necessary measures to ensure that these violations are severely punished.

Article 7.

The High Contracting Parties undertake to communicate to each other and to the Secretary-General of the United Nations the laws and regulations which they shall issue for the purpose of applying the provisions of this Convention.

Article 8.

The High Contracting Parties agree that any differences that might arise between them regarding the interpretation or application of this Convention, if they cannot be settled through direct negotiations, will be referred to the International Court of Justice. If the States between which a disagreement arises or one of them is not a party to the Statute of the International Court of Justice, this disagreement will be referred, at their discretion and in accordance with the constitutional procedure of each of them, either to the International Court of Justice or to an arbitration court established in accordance with the Convention of October 18, 1907 on the Peaceful Settlement of International Disputes, or to any other arbitration court..

Article 9.

Each High Contracting Party may declare, either at the time of signature or at the time of ratification or accession, that with regard to the application of the provisions of this Convention or some of them, acceptance of this Convention does not impose obligations on the entire totality of territories under its sovereignty, jurisdiction, patronage, suzerainty or guardianship, or on some of them, and may subsequently join, in whole or in part, on behalf of any of these Territories.

Article 10.

In the event that one of the High Contracting Parties wishes to denounce this Convention, the act of denunciation will be transmitted to the Secretary-General of the United Nations, who will immediately send duly certified copies of this act to all other High Contracting Parties, notifying them of the date of its receipt. The denunciation will take effect only in respect of the State that has declared it, and one year after the declaration of denunciation is received by the Secretary-General of the United Nations. Denunciation may equally be declared separately in respect of each Territory under the sovereignty, jurisdiction, patronage, suzerainty or guardianship of that State.

Article 11.

This Convention, which will be dated today and of which the French and English texts will be equally valid, will remain open for signature by the member States of the League of Nations until April 1, 1927. This Convention will be open for accession by all States, including non-Member States of the United Nations, to which the Secretary-General will send certified copies of the Convention. Accession shall be effected by the deposit of an official instrument with the Secretary-General of the United Nations, who shall notify the States Parties to this Convention and all other States provided for in this article, notifying them of the date of deposit of each such instrument of accession.

Article 12.

This Convention will be ratified and the instruments of ratification will be deposited with the Secretary-General of the United Nations, who will immediately notify the High Contracting Parties. The Convention will enter into force for each State from the date of deposit of its instrument of ratification or accession. In witness whereof, the Plenipotentiaries have signed this Convention. Done at Geneva, this twenty-fifth day of September, one thousand nine hundred and twenty-sixth, in a single copy, which shall remain deposited in the archives of the League of Nations and duly certified copies of which shall be transmitted to each signatory State to the present Convention.

ADDITIONAL CONVENTION ON THE ABOLITION OF SLAVERY, THE SLAVE TRADE, AND INSTITUTIONS AND PRACTICES SIMILAR TO SLAVERY

THE PREAMBLE

The States Parties to this Convention, considering that freedom is the innate right of every human being, bearing in mind that the peoples of the United Nations have confirmed in the Charter their faith in the dignity and worth of the human person, taking into account, That the Universal Declaration of Human Rights, proclaimed by the United Nations General Assembly as a common ideal that all peoples and all States should strive to achieve, established, That no one should be held in slavery or servitude and that slavery and the slave trade are prohibited in all their forms, Recognizing that since the conclusion of the Slavery Convention signed in Geneva on September 26, 1926, and aimed at ensuring the abolition of slavery and the slave trade, further progress has been made towards this goal, taking into account the Forced Labour Convention of 1930 and the measures subsequently adopted by the International Labour Organization concerning forced or compulsory labour, bearing in mind, however, that slavery, the slave trade, institutions and customs similar to slavery have not yet been eliminated not in all parts of the world, therefore, having decided that the 1926 Convention, which remains in force, should now be supplemented by the conclusion of an additional convention., which would be aimed at intensifying national as well as international efforts to abolish slavery, the slave trade, and institutions and customs similar to slavery, have agreed as follows:

SECTION 1 INSTITUTIONS AND CUSTOMS SIMILAR TO SLAVERY

Article 1

Each of the States Parties to this Convention shall take all possible and necessary legislative and other measures to implement gradually and as soon as possible the complete abolition or abolition of the following institutions and customs, where they still exist, and regardless of whether they are covered or not covered by the definition of slavery contained in article 1. The Slavery Convention, signed in Geneva on September 26, 1926: a) debt bondage, i.e. the position or condition resulting from the pledge by the debtor to secure the debt of his personal labor or the labor of a person dependent on him, if the properly determined value of the work performed is not credited to the repayment of the debt or if the duration of this work is not limited and its nature is not determined; b) serfdom, i.e. such use of land in which the user is required by law, custom or agreement to live and work on land owned by another person and perform certain work for such another person, either for remuneration or without it, and cannot change his condition; c) any institution or custom by virtue of which i) a woman is promised or given in marriage, without the right of refusal on her part, by her parents, guardian, family or any other person or group of persons for remuneration in money or in kind; (ii) The woman's husband, his family, or his clan has the right to transfer her to another person for remuneration or otherwise; or (iii) the woman is inherited by another person upon her husband's death; (d) any institution or custom by virtue of which a child or adolescent under the age of eighteen is transferred by one or both of his parents or his guardian to another person, for or without remuneration, for the purpose of exploiting this child or teenager or his work.

Article 2

In order to put an end to the institutions and customs referred to in paragraph (c) of article 1 of this Convention, the States Parties to it undertake to establish where the appropriate minimum age for marriage should be and to encourage the establishment of a procedure that ensures the free expression of consent by both parties to marriage in the presence of a competent civil official or minister of worship, as well as to encourage registration of marriages.

SECTION II THE SLAVE TRADE

Article 3

1. The transportation or attempted transportation of slaves from one country to another by any means of transport, or complicity in such, is considered a criminal offense under the laws of the States participating in this Convention, and persons found guilty of these crimes are subject to severe penalties. 2. (a) The States Parties to this Convention shall take all effective measures to prevent ships and aircraft lawfully flying their flag from transporting slaves and to punish those responsible for such acts or for using the national flag for this purpose. (b) The States Parties to this Convention shall take all effective measures to prevent their ports, airfields and coasts from being used for the transportation of slaves. 3. The States Parties to this Convention shall exchange information with a view to ensuring practical coordination of their measures in combating the slave trade and notify each other of each case of the slave trade and of each attempt to commit such an offence that they become aware of.

Article 4

A slave who takes refuge on a ship of a State Party to this Convention becomes ipso facto free.

SECTION III SLAVERY AND INSTITUTIONS AND CUSTOMS SIMILAR TO SLAVERY

Article 5

In a country where slavery or the institutions or customs referred to in article 1 of this Convention have not yet been abolished or completely abolished, the mutilation, branding, burning or otherwise of a slave or a person in servitude in order to mark his condition, or for the purpose of punishment or for any other reason, as well as Complicity in such acts is considered a criminal offence under the laws of the States participating in this Convention, and persons found guilty of such crimes are liable to punishment.

Article 6

1. The enslavement of another person or the inducement of another person to give himself or a person dependent on that other person into slavery, or the attempt to commit such acts, or complicity in them, or participation in a secret conspiracy to commit any of these acts, shall be considered a criminal offence under the laws of the States Parties to this Convention, and those found guilty of it are subject to punishment. 2. Subject to the provisions of the introductory part of article 1 of this Convention, the provisions of paragraph 2 of this article shall also apply to cases of inducement of another person to commit himself or a person dependent on that other person into servitude resulting from the institutions or customs referred to in article 1, to any attempt to commit such a crime, to complicity in to commit any of these crimes, or to participate in a conspiracy to commit any of these crimes.

SECTION IV DEFINITIONS

Article 7

In this Convention, (a) "slavery", as defined in the Slavery Convention of 1926, means the position or condition of a person in respect of whom some or all of the rights inherent in property are exercised, and "slave" means a person in such a condition or position; (b) "a person in servitude" means a person who is in a condition or position created as a result of the institutions or customs referred to in article 1 of this Convention.; (c) "Slave trade" means and includes all acts related to the capture, acquisition or disposition of a person for the purpose of enslaving him; all acts related to the acquisition of a slave for the purpose of selling or exchanging him; all acts related to the sale or exchange of a person acquired for this purpose, and in general any action on the trade or transportation of slaves by any means of transport.

SECTION V COOPERATION BETWEEN STATES PARTIES TO THIS CONVENTION AND COMMUNICATION OF INFORMATION

Article 8

1. The States Parties to this Convention undertake to cooperate with each other and with the United Nations in the implementation of the above-mentioned regulations. 2. The Parties to the Convention undertake to send to the Secretary-General of the United Nations copies of all laws, regulations and administrative orders issued and enforced to implement the provisions of this Convention. 3. The Secretary-General of the United Nations shall communicate the information received pursuant to paragraph 2 of this article to the other parties to the Convention and to the Economic and Social Council, among the documents sent to the Council for discussion, which the Council may undertake to make further recommendations on the abolition of slavery, the slave trade, or institutions and customs that are the subject of this Convention.

SECTION VI FINAL JUDGMENTS

Article 9

Reservations to this Convention are not permitted.

Article 10

Disputes between the States Parties to this Convention concerning its interpretation or application that are not settled through negotiations shall, at the request of either party to the dispute, be referred to the International Court of Justice, unless the parties agree on another method of settlement.

Article 11

1. The Convention shall be open until 1 July 1967 for signature by the Member States of the United Nations or one of the specialized agencies. The Convention is subject to ratification by the signatory States and the instruments of ratification shall be deposited with the Secretary-General of the United Nations, who shall notify each State that has signed or acceded to the Convention. 2. After July 1, 1957, the Convention will be open for accession by Member States of the United Nations or one of the specialized agencies, or any other State to which the General Assembly of the United Nations has extended an invitation to accede. Accession shall be effected by depositing an official act with the Secretary-General of the United Nations, who shall notify each State that has signed or acceded to the Convention.

Article 12

1. This Convention applies to all Non-Self-Governing, Trust, colonial and other Non-metropolitan Territories for whose international relations the State Party to the Convention is responsible; this State, subject to the provisions of paragraph 2 of this article, shall declare at the time of signature, ratification or accession to which of the Non-metropolitan Territories or to which of these Territories the Convention ipso facto applies. 2. In each case where, according to the constitutional laws or practice of a State Party to the Convention or a non-metropolitan Territory, the prior consent of that Territory is required, that State shall make efforts to ensure that the necessary consent of the non-metropolitan territory is obtained within a period of twelve months from the date of signature of the Convention by the Metropolitan State, and upon receipt of the consent, shall notify the volume of the General Secretary. This Convention shall apply to the territory or territories specified in the said notification from the date of receipt of the notification by the Secretary General. 3. After the expiration of the twelve-month period referred to in the preceding paragraph, the relevant States Parties to the Convention shall notify the Secretary-General of the results of consultations with Territories outside the metropolitan area for whose international relations they are responsible and whose consent to the application of this Convention has not been given.

Article 13

1. This Convention shall enter into force on the date on which two States become Parties to it. 2. It then enters into force for each State and Territory on the date of deposit of the instrument of ratification or accession of that State, or notification of the application of the Convention to that Territory.

Article 14

1. The application of this Convention shall be divided into consecutive three-year periods, the first of which shall begin on the date of entry into force of the Convention in accordance with paragraph 1 of article 13. 2. Any State Party to this Convention may denounce it by notifying the Secretary-General not later than six months before the expiration of the current three-year period. The Secretary-General shall inform all other parties to the Convention of each such notification and of the date on which it was received. 3. The denunciation takes effect after the expiration of the current three-year period. 4. In cases where, in accordance with the provisions of article 12, this Convention becomes applicable to the non-metropolitan territory of a State Party to this Convention, that State may at any time thereafter, with the consent of the Territory concerned, notify the Secretary-General of the United Nations of the denunciation of this Convention in respect of that Territory. This denunciation shall take effect one year after the date of receipt of such notification by the Secretary-General, who shall inform all other parties to the Convention of this notification and of the date of its receipt.

Article 15

The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Secretariat of the United Nations. The Secretary-General shall prepare certified copies thereof for transmission to the States Parties to this Convention, as well as to all other Member States of the United Nations and the specialized agencies. IN WITNESS whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention on the days indicated against their signatures. DONE at the United Nations Office for Europe, Geneva, this seventh day of September, one thousand nine hundred and fifty-sixth year.

PROTOCOL AMENDING THE CONVENTION ON SLAVERY, SIGNED IN GENEVA ON SEPTEMBER 25, 1926

The States Parties to this Protocol, Bearing in mind that under the Convention on Slavery signed in Geneva on September 25, 1926 (hereinafter referred to as the Convention), the League of Nations has been entrusted with certain duties and functions, and considering it appropriate that the Organization assume these duties and functions in the future. Of the United Nations, have agreed as follows:

ARTICLE I

The States Parties to this Protocol undertake, in their mutual relations, to recognize, in accordance with the provisions of this Protocol, the full legal force and significance of the amendments to the Convention set out in the Annex to this Protocol and to apply them appropriately.

ARTICLE II

1. This Protocol shall be open for signature or acceptance by any State Party to the Convention to which the Secretary-General shall transmit a copy of this Protocol for this purpose. 2. States may become Parties to this Protocol by: (a) signing without reservation of acceptance; (b) signing with reservation of acceptance, followed by acceptance; (c) acceptance. 3. Acceptance is made by depositing a formal act with the Secretary-General of the United Nations.

ARTICLE III

1. This Protocol shall enter into force on the day when at least two States become parties to it, and thereafter it shall enter into force for each State on the day when it becomes a party to the Protocol. 2. The amendments set out in the Annex to this Protocol shall enter into force after twenty-three States have become parties to the Protocol, and thereafter each State that becomes a party to the Convention after the entry into force of the amendments thereto shall become a party to the amended Convention accordingly.

ARTICLE IV

Pursuant to paragraph 1 of Article 102 of the Charter of the United Nations and in accordance with the rules established by the General Assembly for its implementation, the Secretary-General of the United Nations is authorized to register this Protocol and the amendments made by this Protocol to the Convention on the appropriate days of their entry into force and to publish this Protocol and the amended text of the Convention as soon as possible after their registration.

ARTICLE V

The present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Secretariat of the United Nations. Since only the English and French texts of the Convention are authentic, which is subject to amendment in accordance with the Annex, the English and French texts of the Annex are equally authentic, while the Chinese, Spanish and Russian texts are translations. The Secretary-General should prepare certified copies of the Protocol and its Annex for transmission to the States parties to the Convention, as well as to all other Member States of the United Nations. When the amendments enter into force, as provided for in article III, he will also have to prepare certified copies of the amended Convention for transmission to States, including non-member States of the United Nations. IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol on the dates respectively indicated against their signatures. DONE at United Nations Headquarters, New York, this seventh day of December, one thousand nine hundred and fifty-three.

Annex to the Protocol Amending the Convention on Slavery, signed in Geneva on September 25, 1926

In article 7, the title "Secretary-General of the League of Nations" is replaced by the title "Secretary-General of the United Nations". In article 8, the name "Permanent Court of International Justice" is replaced by the name "International Court of Justice" and the name "Protocol of December 16, 1920 concerning the Permanent Court of International Justice" is replaced by the name "Statute of the International Court of Justice". In paragraphs one and two of article 10, the name "League of Nations" is replaced by the name "United Nations Organization". The last three paragraphs of article 11 are deleted and replaced by the following text: "This Convention is open for accession by all States, including States that are not Members of the United Nations, to which the Secretary-General of the United Nations will transmit a certified copy of the Convention. Accession shall be effected by depositing a formal instrument with the Secretary-General of the United Nations, who shall notify all States Parties to the Convention and all other States referred to in this article, informing them of the date on which each such instrument of accession was received for deposit." In article 12, the name "League of Nations" is replaced by the name "United Nations Organization".

President

Republic of Kazakhstan

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