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Table of contents

5. The perpetrator committed an inhumane act against one or more persons.

5.1.1. Evidence of denial to a member or members of a racial group or groups of the right to life and liberty of person.

P.1.1. Evidence of murder of members of a racial group or groups.

P.1.2. Evidence of infliction of serious bodily or mental harm upon the members of a racial group or groups.

P.1.3. Evidence of infringement of freedom of members of a racial group or groups.

P.1.4. Evidence of infringement of dignity of members of a racial group or groups.

P.1.5. Evidence of infliction of torture upon members of a racial group or groups.

P.1.6. Evidence of infliction upon members of a racial group or groups of cruel, inhuman or degrading treatment.

P.1.7. Evidence of infliction upon members of a racial group or groups of cruel, inhuman or degrading punishment.

P.1.8. Evidence of arbitrary arrest of members of a racial group or groups.

P.1.9. Evidence of illegal imprisonment of the members of a racial group or groups.

5.1.2. Evidence of measures directed at a racial group or groups.

P.2. Evidence of legislative measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country.

P.3. Evidence of other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country.

P.4. Evidence of measures intended to divide population along racial lines.

P.4.1. Evidence of creation of separate reserves and ghettos for the members of a racial group or groups.

P.4.2. Evidence of the prohibition of mixed marriages among members of various racial groups.

P.4.3. Evidence of expropriation of landed property belomging to a racial group or groups or to members thereof.

5.1.3. Evidence of imposing conditions on a racial group or groups.

P.5. Evidence of deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part.

P.6. Evidence of deliberate creation of conditions preventing the full development of such a group or groups.

P.6.1. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to work.

P.6.2. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to form recognized trade unions.

P.6.3. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to education.

P.6.4. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to leave and return to their country.

P.6.5. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to a nationality.

P.6.6. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of movement.

P.6.7. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of residence.

P.6.8. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of opinion.

P.6.9. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of expression.

P.6.10. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of peaceful assembly.

P.6.11. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of association.

5.1.4. Evidence of exploitation or persecution.

P.7. Evidence of exploitation of the labour of the members of a racial group or groups.

P.7.1. Evidence of forced labour.

P.8. Evidence of persecution of apartheid opponents.

P.8.1. Evidence of persecution of organisations by deprivation of fundamental rights and freedoms.

P.8.2. Evidence of persecution of persons by deprivation of fundamental rights and freedoms.

Element

5. The perpetrator committed an inhumane act against one or more persons.

5.1.1. Evidence of denial to a member or members of a racial group or groups of the right to life and liberty of person.

A. Legal source/authority:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]"

P.1.1. Evidence of murder of members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

(i) By murder of members of a racial group or groups;"

B. [Evidentiary comment:]

P.1.2. Evidence of infliction of serious bodily or mental harm upon the members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

[…]"

B.[Evidentiary comment:]

P.1.3. Evidence of infringement of freedom of members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

[…]"

B. [Evidentiary comment:]

P.1.4. Evidence of infringement of dignity of members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

[…]"

B. [Evidentiary comment:]

P.1.5. Evidence of infliction of torture upon members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

[…]"

B. [Evidentiary comment:]

P.1.6. Evidence of infliction upon members of a racial group or groups of cruel, inhuman or degrading treatment.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

[…]"

B. [Evidentiary comment:]

P.1.7. Evidence of infliction upon members of a racial group or groups of cruel, inhuman or degrading punishment.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

[…]"

B. [Evidentiary comment:]

P.1.8. Evidence of arbitrary arrest of members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;

[…]"

B. [Evidentiary comment:]

P.1.9. Evidence of illegal imprisonment of the members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person;

[…]

(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;

[…]"

B. [Evidentiary comment:]

5.1.2. Evidence of measures directed at a racial group or groups.

P.2. Evidence of legislative measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country.

A. Legal source/authority:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

P.3. Evidence of other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country.

A. Legal source/authority:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

P.4. Evidence of measures intended to divide population along racial lines.

P.4.1. Evidence of creation of separate reserves and ghettos for the members of a racial group or groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

d) Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

[…]"

B. [Evidentiary comment:]

P.4.2. Evidence of the prohibition of mixed marriages among members of various racial groups.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

d) Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

[…]"

B. [Evidentiary comment:]

P.4.3. Evidence of expropriation of landed property belomging to a racial group or groups or to members thereof.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

d) Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

B. [Evidentiary comment:]

5.1.3. Evidence of imposing conditions on a racial group or groups.

P.5. Evidence of deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part.

A. Legal source/authority:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;"

P.6. Evidence of deliberate creation of conditions preventing the full development of such a group or groups.

P.6.1. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to work.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.2. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to form recognized trade unions.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.3. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to education.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.4. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to leave and return to their country.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.5. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to a nationality.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.6. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of movement.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B.[Evidentiary comment:]

P.6.7. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of residence.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.8. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of opinion.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.9. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of expression.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.10. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of peaceful assembly.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

P.6.11. Evidence of denying to members of a racial group or groups basic human rights and freedoms such as the right to freedom of association.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;"

B. [Evidentiary comment:]

5.1.4. Evidence of exploitation or persecution.

P.7. Evidence of exploitation of the labour of the members of a racial group or groups.

A. Legal source/authority:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;"

B. [Evidentiary comment:]

P.7.1. Evidence of forced labour.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;"

B. [Evidentiary comment:]

P.8. Evidence of persecution of apartheid opponents.

P.8.1. Evidence of persecution of organisations by deprivation of fundamental rights and freedoms.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid."

B. [Evidentiary comment:]

P.8.2. Evidence of persecution of persons by deprivation of fundamental rights and freedoms.

A. Legal source/authority and evidence:

Article 2, International Convention on the Suppression and Punishment of the Crime of Apartheid (1973), 1015 U.N.T.S. 243:

"For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

(f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid."

B. [Evidentiary comment:]

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