Convention to Suppress the Slave Trade and Slavery in United States

Convention to Suppress the Slave Trade and Slavery

ALBANIA, GERMANY, AUSTRIA, BELGIUM, the BRITISH EMPIRE, CANADA, the
COMMONWEALTH OF AUSTRALIA, the UNION OF SOUTH AFRICA, the DOMINION OF NEW
ZEALAND, and INDIA, BULGARIA, CHINA, COLOMBIA, CUBA, DENMARK, SPAIN,
ESTONIA, ABYSSINIA, FINLAND, FRANCE, GREECE, ITALY, LATVIA, LIBERIA,
LITHUANIA, NORWAY, PANAMA, THE NETHERLANDS, PERSIA, POLAND, PORTUGAL,
ROUMANIA, the KINGDOM OF THE SERBS, CROATS AND SLOVENES, SWEDEN,
CZECHOSLOVAKIA and URUGUAY,

Whereas the signatories of the General Act of the Brussels Conference
of 1889-90 declared that they were equally animated by the firm intention
of putting an end to the traffic in African slaves;

Whereas the signatories of the Convention of Saint-Germain-en-Laye of
1919, to revise the General Act of Berlin of 1885, and the General Act and
Declaration of Brussels of 1890, affirmed their intention of securing the
complete suppression of slavery in all its forms and of the slave trade by
land and sea;

Taking into consideration the report of the Temporary Slavery
Commission appointed by the Council of the League of Nations on June 12th,
1924;

Desiring to complete and extend the work accomplished under the
Brussels Act and to find a means of giving practical effect throughout the
world to such intentions as were expressed in regard to slave trade and
slavery by the signatories of the Convention of Saint-Germain-en-Laye, and
recognising that it is necessary to conclude to that end more detailed
arrangements than are contained in that Convention;

Considering, moreover, that it is necessary to prevent forced labour
from developing into conditions analogous to slavery,

Have decided to conclude a Convention and have accordingly appointed
as their Plenipotentiaries:

[here follow the names of 40 envoys, omitted]

Who, having communicated their full powers, have agreed as follows:

Article 1.

For the purpose of the present Convention, the following definitions are
agreed upon:

(1) Slavery is the status or condition of a person over whom any or all of
the powers attaching to the right of ownership are exercised.

(2) The slave trade includes all acts involved in the capture, acquisition
or disposal of a person with intent to reduce him to slavery; all acts
involved in the acquisition of a slave with a view to selling or exchanging
him; all acts of disposal by sale or exchange of a slave acquired with a
view to being sold or exchanged, and, in general, every act of trade or
transport in slaves.

Article 2.

The High Contracting Parties undertake, each in respect of the territories
placed under its sovereignty, jurisdiction, protection, suzerainty or
tutelage, so far as they have not already taken the necessary steps:

(a) To prevent and suppress the slave trade;

(b) To bring about, progressively and as soon as possible, the complete
abolition of slavery in all its forms.

Article 3.

The High Contracting Parties undertake to adopt all appropriate measures
with a view to preventing and suppressing the embarkation, disembarkation
and transport of slaves in their territorial waters and upon all vessels
flying their respective flags.

The High Contracting Parties undertake to negotiate as soon as possible a
general Convention with regard to the slave trade which will give them
rights and impose upon them duties of the same nature as those provided for
in the Convention of June 17th, 1925, relative to the International Trade
in Arms (Articles 12, 20, 21, 22, 23, 24, and paragraphs 3, 4 and 5 of
Section II of Annex II), with the necessary adaptations, it being understood
that this general Convention will not place the ships (even of small
tonnage) of any High Contracting Parties in a position different from that
of the other High Contracting Parties.

It is also understood that, before or after the coming into force of this
general Convention the High Contracting Parties are entirely free to
conclude between themselves, without, however, derogating from the
principles laid down in the preceding paragraph, such special agreements as,
by reason of their peculiar situation, might appear to be suitable in order
to bring about as soon as possible the complete disappearance of the slave
trade.

Article 4.

The High Contracting Parties shall give to one another every assistance with
the object of securing the abolition of slavery and the slave trade.

Article 5.

The High Contracting Parties recognise that recourse to compulsory or forced
labour may have grave consequences and undertake, each in respect of the
territories placed under its sovereignty, jurisdiction, protection,
suzerainty or tutelage, to take all necessary measures to prevent compulsory
or forced labour from developing into conditions analogous to slavery.

It is agreed that:

(1) Subject to the transitional provisions laid down in paragraph (2)
below, compulsory or forced labour may only be exacted for public purposes.

(2) In territories in which compulsory or forced labour for other than
public purposes still survives, the High Contracting Parties shall endeavour
progressively and as soon as possible to put an end to the practice. So long
as such forced or compulsory labour exists, this labour shall invariably be
of an exceptional character, shall always receive adequate remuneration, and
shall not involve the removal of the labourers from their usual place of
residence.

(3) In all cases, the responsibility for any recourse to compulsory or
forced labour shall rest with the competent central authorities of the
territory concerned.

Article 6.

Those of the High Contracting Parties whose laws do not at present make
adequate provision for the punishment of infractions of laws and regulations
enacted with a view to giving effect to the purposes of the present
Convention undertake to adopt the necessary measures in order that severe
penalties may be imposed in respect of such infractions.

Article 7.

The High Contracting Parties undertake to communicate to each other and to
the Secretary-General of the League of Nations any laws and regulations
which they may enact with a view to the application of the provisions of the
present Convention.

Article 8.

The High Contracting Parties agree that disputes arising between them
relating to the interpretation or application of this Convention shall, if
they cannot be settled by direct negotiation, be referred for decision to
the Permanent Court of International Justice. In case either or both of the
States Parties to such a dispute should not be parties to the Protocol of
December 16th, 1920 relating to the Permanent Court of International
Justice, the dispute shall be referred, at the choice of the Parties and in
accordance with the constitutional procedure of each State either to the
Permanent Court of International Justice or to a court of arbitration
constituted in accordance with the Convention of October 18th, 1907, for the
Pacific Settlement of International Disputes, or to some other court of
arbitration.

Article 9.

At the time of signature or of ratification or of accession, any High
Contracting Party may declare that its acceptance of the present Convention
docs not bind some or all of the territories placed under its sovereignty,
jurisdiction, protection, suzerainty or tutelage in respect of all or any
provisions of the Convention; it may subsequently accede separately on
behalf of any one of them or in respect of any provision to which any one
of them is not a party.

Article 10.

In the event of a High Contracting Party wishing to denounce the present
Convention, the denunciation shall be notified in writing to the Secretary-
General of the League of Nations, who will at once communicate a certified
true copy of the notification to all the other High Contracting Parties,
informing them of the date on which it was received.

The denunciation shall only have effect in regard to the notifying State,
and one year after the notification has reached the Secretary-General of the
League of Nations.

Denunciation may also be made separately in respect of any territory placed
under its sovereignty, jurisdiction, protection, suzerainty or tutelage.

Article 11.

The present Convention, which will bear this day’s date and of which the
French and English texts are both authentic, will remain open for signature
by the States Members of the League of Nations until April 1st, 1927.

The Secretary-General of the League of Nations will subsequently bring the
present Convention to the notice of States which have not signed it,
including States which are not Members of the League of Nations, and invite
them to accede thereto.

A State desiring to accede to the Convention shall notify its intention in
writing to the Secretary-General of the League of Nations and transmit to
him the instrument of accession, which shall be deposited in the archives
of the League.

The Secretary-General shall immediately transmit to all the other High
Contracting Parties a certified true copy of the notification and of the
instrument of accession, informing them of the date on which he received
them.

Article 12.

The present Convention will be ratified and the instruments of ratification
shall be deposited in the office of the Secretary-General of the League of
Nations. The Secretary-General will inform all the High Contracting Parties
of such deposit.

The Convention will come into operation for each State on the date of the
deposit of its ratification or of its accession.

In faith whereof the Plenipotentiaries have signed the present Convention.

DONE at Geneva the twenty-fifth day of September, One thousand nine hundred
and twenty-six, in one copy, which will be deposited in the archives of the
League of Nations. A certified copy shall be forwarded to each signatory
State.

PROTOCOL AMENDING THE SLAVERY CONVENTION SIGNED AT GENEVA
ON 25 SEPTEMBER 1926.
DONE AT THE HEADQUARTERS OF THE UNITED NATIONS, NEW YORK, ON 7 DECEMBER 1953

The States Parties to the present Protocol,

Considering that under the Slavery Convention signed at Geneva on 25
September 1926 (hereinafter called ” the Convention “) the League of Nations
was invested with certain duties and functions, and

Considering that it is expedient that these duties and functions should be
continued by the United Nations,

Have agreed as follows:

Article I

The States Parties to the present Protocol undertake that as between them
selves they will, in accordance with the provisions of the Protocol,
attribute full legal force and effect to and duly apply the amendments to
the Convention set forth in the annex to the Protocol.

Article II

1. The present Protocol shall be open for signature or acceptance by any of
the States Parties to the Convention to which the Secretary-General has
communicated for this purpose a copy of the Protocol.

2. States may become Parties to the present Protocol by:

(a) Signature without reservation as to acceptance;
(b) Signature with reservation as to acceptance, followed by acceptance;
(c) Acceptance.

3. Acceptance shall be effected by the deposit of a formal instrument with
the Secretary-General of the United Nations.

Article III

1. The present Protocol shall come into force on the date on which two
States shall have become Parties thereto, and shall thereafter come into
force in respect of each State upon the date on which it becomes a Party to
the Protocol.

2. The amendments set forth in the annex to the present Protocol shall come
into force when twenty-three States shall have become Parties to the
Protocol, and consequently any State becoming a Party to the Convention,
after the amendments thereto have come into force, shall become a Party to
the Convention as so amended.

Article IV

In accordance with paragraph 1 of Article 102 of the Charter of the United
Nations and the regulations pursuant thereto adopted by the General
Assembly, the Secretary-General of the United Nations is authorized to
effect registration of the present Protocol and of the amendments made in
the Convention by the Protocol on the respective dates of their entry into
force and to publish the Protocol and the amended text of the Convention as
soon as possible after 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 United Nations Secretariat. The texts of the Convention to be amended
in accordance with the annex being authentic in the English and French
languages only, the English and French texts of the annex shall be equally
authentic, and the Chinese, Russian and Spanish texts shall be translations.
The Secretary-General shall prepare certified copies of the Protocol,
including the annex, for communication to States Parties to the Convention,
as well as to all other States Members of the United Nations. He shall
likewise prepare for communication to States, including States not Members
of the United Nations, upon the entry into force of the amendments as
provided in article III, certified copies of the Convention as so amended.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, signed the present Protocol on the date appearing
opposite their respective signatures.

DONE at the Headquarters of the United Nations, New York, this seventh day
of December one thousand nine hundred and fifty-three.

ANNEX TO THE PROTOCOL AMENDING THE SLAVERY CONVENTION SIGNED AT GENEVA ON
25 SEPTEMBER 1926.

In article 7 “the Secretary-General of the United Nations” shall be
substituted for “the Secretary-General of the League of Nations”.

In article 8 “the International Court of Justice” shall be substituted for
“the Permanent Court of International Justice”, and “the Statute of the
International Court of Justice” shall be substituted for “the Protocol of
December 16th, 1920, relating to the Permanent Court of International
Justice”.

In the first and second paragraphs of article 10 “the United Nations” shall
be substituted for “the League of Nations”.

The last three paragraphs of article 11 shall be deleted and the following
substituted:

“The present Convention shall be open to accession by all States,
including States which are not Members of the United Nations, to
which the Secretary-General of the United Nations shall have
communicated a certified copy of the Convention.

“Accession shall be effected by the deposit of a formal instrument
with the Secretary-General of the United Nations, who shall give
notice thereof to all States Parties to the Convention and to all
other States contemplated in the present article, informing them of
the date on which each such instrument of accession was received in
deposit.”

In article 12 “the United Nations” shall be substituted for “the League of
Nations”.