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Slavery
Convention 1926
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 forrns 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 Con ven tion 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 [names
omitted] ... 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 does 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 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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