Slavery Convention (25 September 1926)
and Protocol (7 December 1953)
Articles 1 - 12, Articles I-V, Annex
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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.
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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
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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".
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