- Finally, comrades, this community is some beautiful gardens between some of the being harassed by the mosquitoes. We have blocks. I think something beautiful is coming, one enemy to fear and we are justified in fear­ something also preventive is coming. I have ing i t A mosquito, one, you don’t have to fee also seen whole areas of tall grass which are bitten by many. One; it’s a serious develop­ very menacing, threatening. I thinlr we should ment, it’s going to be killing us. It has become evolve a slogan, something to the effect: H o a killer in some of the areas where we are, like to long grass. Yes to lawn grass.” Angola; it has taken a remarkable number of I would like, comrades, to say that we lives. Mosquitoes; and I should like to pro­ are greatly concerned about the loss of life pose, Comrade Director, and to you, com­ among our people. You see, we are here, we rades, to all of you, that we fight mosquitoes, are not even with our parents. We don’t have we declare war on the mosquitoes. We elim­ too many doctors here. We would like to inate it here, while we defend ourselves ag­ leave as few of our comrades in the secret ainst its attacks. But we really go out to fight cemeteries as possible. We are worried about it. death that comes unnecessarily, and we think I understand that the mosquito lives in as a movement we should fight the cause of tall grass and breeds there, it grows there and death, so that comrades can be preserved for multiplies itself in tall grass, damp areas near for the struggle, for the future, for service to water, little puddles. I don’t know if some of our people and to our struggle. And those the classes that are attended are about the causes that we can eliminate, let us eliminate mosquito: what it is, how it operates, where I have some belief. I've always thought it lives, how it grows, how it bites, why it that if we can attack the area where the mos­ lives. But an enemy like mosquitoes needs to quito grows, that will at least reduce the in­ be studied. While we are studying it, we wage cidence of malaria. We should organise our­ a war against the mosquito. Now, from the selves into brigades, or whatever, find 250 little that 1 have picked up, it seems that the slashers, and we go on cutting down every tall grass that you find everywhere around tuft of grass that we see. exposing, dry up here is a starting point or a major point of every puddle, dean up the place, spread a mosquito bites. If that is correct, then we green carpet on our grounds, a lawn as a should attack this source; attack its base, its protective measure. breeding ground, remove the tall grass, so In any case, the institution will look even that we don’t rely on tablets. We don’t wai; cleaner for that, and we will be the healthier until we are on the floor after the attack. We for it. I do not know how practicable thi« prevent the attacks. We attack the source. proposition is, but when next I come here I Sometimes we should learn a little even from will be coming to see what has happened in our enemies -- we are not mosquitoes, they the war against mosquitoes. And I would like call us terrorists, we are not even terrorists, to urge that all these defensive measures like we are freedom fighters. But you know they nets should be brought in. You should scream think that we are breeding in Swaziland, at the leadership to bring them, because some­ breeding in Lesotho. So they afe attacking times if "we have lost a day we have lost a life. what they consider our bases in Pretoria, be­ Nets are in the world, let’s have them. Let us lieving that if they do that, of course, they fight this enemy; it’s very small, butif we de­ will live in Deace. They won’t live in peace in feat the small one, we can defeat the big one. our case. But I think we can live in peace if Let's fight. we attack the mosquitoe* at their base. Amandla! The Small Enemy and the Big One Comrades, I suggest we remove the tall grass and replace it with lawn. I have seen ARAB SOLIDARITY CONFERENCE • . The acts of terrorism, aggression and de- The United Nations Special Committee ag­ stabilisation directed by the regime against ainst Apartheid, in co-operation with the independent African States. League of Arab States, organised a Confer­ ence of Arab Solidarity with the Struggle for The Conference showed grave concern at the Liberation in Southern Africa in Tunis on military, nuclear, economic and cultural co­ 7th—9th August, 1984. It was attended by operation between major Western powers and representative* of Governments of Member Israel and the regime in Pretoria. Particular at­ States of the League, Member States of the tention was drawn to the policy of the United Special Committee, the Frontline States, States. This policy, with' its strategic co-oper- intergovernmental and governmental organis­ ation with Israel and its “constructive engage­ ations, the African National Congress of ment'’ with Pretoria, encourages the preten­ , the Pan Africanist Congress of sions of Israel for recognition as a regional Azania, the South West African People s power in southern Africa, and acts against the Organisation and the Palestinian Liberation interests .of Africa and the Arab world. Organisation. - . There was a strong call for comprehen­ The Conference was conscious that the sive and mandatory sanctions against the African and Arab peoples are linked by geo­ South African regime, and a call for Arab graphical, cultural and historical bonds, as States, African States and all their friends to well as by their common experience in the exert their influence on the United States, to struggle for liberation. It pledged support for persuade Washington to harmonise its posit­ the liberation struggle in southern Africa, and ion with that of the overwhelming majority welcomed the advance of the armed struggle of States. '' by SWAPO and the ANC. Concern was shown, too, at the fact that certain transnational corporations collaborate The Conference condemned: with Pretoria to plunder the natural resources of Namibia and South Africa. * The manoeuvres of the Pretoria regime to impose a racist constitution on the people of Complacency Discouraged ‘ Comrade Mfanafuthi Johnny Makatini, head South Africa, ■ - * The manoeuvres of the regime to sabot­ of the ANC delegation, told the Conference: age the implementation of the United Nations "Though we are, as ever, confident of j g plan for the independence of Namibia.

• * ) V . *

■ - victory, we do not want to encourage Unity and Solidarity complacency amongst our friends and The Conference paid'a great deal of attention supporters. The racist South African re­ to the crucial question of unity and mutual gime has powerful allies in the internat­ support between Arab and African countries, ional community, who work day and and denounced all attempts to create divis­ night to restore it to international res­ ions between them. It expressed its distress at pectability. We hare already witnessed the war between Iran and Iraq, and the hope the relative ease with which Botha was for an early end to this war. It commended able to breach the wall of international African States which have refrained from re­ isolation with a visit to Europe. We are, lations with Israel because of its alliance with however, heartened by the recent action the South African regime, its hostility to the of the Labour Government in New Zea­ Arab peoples and its denial of rights to the land, an action which should be more 'Palestinians. It called on Arab States not to widely emulated to extend the boycott patronise those Western companies that col­ of South Africa and make it more com­ laborate with the apartheid regime by supp­ prehensive.” lying it with military and nuclear equipment and technology. The Conference recognised that the Arab oil boycott of South Africa is an important contribution to the liberation struggle in southern Africa, and urged the Arab and Af­ rican oil-exporting countries, in co-operation with others, to take firm action against those companies which are helping the South Af­ rican regime circumvent the embargo.

Information Much attention was paid to the question of gathering and disseminating information on the struggle for liberation of the African and Arab peoples. Subjects for study were:

* The phenomenon of settler colonialism, the structural similarities between Zionism and apartheid, and the collaboration between South Africa and Israel; * The trade concessions and privileges en­ joyed by Israel with the European Economic Community and other Western countries, as well as those to take effect in 1985 with the US, asrthese concessions have legal, economic and-other implications for the Palestinian and other occupied Arab territories, and may be used by the South African regime, which is already exporting many of its products through Israel. Comrade Mfanaf-uthi Makattni thares views ■ The Conference: with an Arab delegate a t the Solidarity 1 Conference in Tunis in Auguit 1984 * Appealed to all Arab States and organis­ ations to maintain, and consider increasing, • Called for world-wide observance for the their material and financial assistance to the Week of Solidarity with the Peoples Strugg­ national liberation movements of South Af­ ling against Racism and Racial Discrimination, rica and Namibia. beginning on 21st March 1985. • Urged all States which have not yet done • Declared that apartheid and all other so to ratify or accede to the International forms of racism must be “totally eliminated Convention on the Suppression and Punish­ from this globe.” ment of the Crime of Apartheid. TENSIONS AND RAVAGES:

R & n O V A U i n T H C TRAASVAM By Nyawuzo , In 1916 Sol Plaatje, the Secretary General of The largest single category is farm removals, the ANC, wrote about removals. His words with more than 1 129 0 0 0 people-having been were prophetic. This pain is as old as White moved since 1960. Farm removals generally domination in South Africa. What is new to­ affect people who have become redundant day is its intensification. The methods used due to old age or mechanisation. They have to are pressure, intimidation and a variety of co­ make their own way to the homelands. Group ercive measures to induce people to go. Areas removals are the second largest cate.- There are about 75 “Black spots” still gory with 834 000, mainly Coloured and In­ threatened with “resettlement” so as to keep dian, urban people. There are also those un­ South Africa “White.” More than 3 500 000 der threat or being forcibly removed, and people have been forcibly removed and “re­ these are people who live in “Black spots in settled” since 1960. The minimum figures of "White areas.” This process is also called “consolidation” of the Bantustans. these people are: About two million people face immed­ 1 295 400 in the Transvaal, iate removal (this is besides'the 3.5 million 983 000 in the Cape, who have been removed). Out of these, tens of thousands are known to be under immed­ 745 500 in Natal, iate threat in the Transvaal alone. A few ex- 20 514 000 in the Orange Free State. . tmples will illustrate the scope and intensity settlement” are also meant to appease the wjth which the racists are prepared to carry likes of Mangope. out this Verwoerdian madness. . The euphemistically named Department Only 40 km from Mogopa - which was of Co-operation and Development is forcing bulldozed recently — 3 000 people at Motlatla removals as a signal that the communities are face immediate removal, and in the Western under a death sentence — the removal of Transvaaal in Mathopiestad, a freehold farm “Black spots” means Africans are to be erased near Boons, 2 000 residents (including the from the face of “White” South Africa. removals planning commitee chosen at the What is disturbing is White reaction. The State’s initiative) have solidly opposed the majority of the Whites have become skilled at move. Driefontein, KwaNgema and Dagga- not seeing and not knowing, and their “pro­ kraal in the Eastern Transvaal are threatened tective ignorance” is supposed to keep them with removal. So is near Lichten- “out of trouble.” burg, where about 500 people face their sec­ Koomhof, Minister of Co-operation and ond move, having spent 13 years in “tempor­ Development, proved to be worse than an ass ary” premises after struggling for years to pre­ when he said: serve their land at Machaviestad nearPotchef- stroom. This time Bophutatswana will be res­ “But I am telling the people concerned, ponsible for moving the people. however, that if there had not been a There is also the case of the three town­ movement of people, there would be no ships of Leandra, Badplaas and Huhudi, which White person present in South Africa. I face removal. At Leandra about 60 families want to make the further point that of a total population of 11 400 people will there would not be a single Black man in be moved when the area is “redeveloped” as South Africa if people had not moved a formal township. At Huhudi in the North­ voluntarily throughout Africa.” ern Cape a far larger portion of the 14 000 residents will be forced out to Pudimoe in What this actually means only he himself un­ Bophutatswana. While the Highveld Board is derstands — if he does at all. restricting evictions to those who lack urban , Removals mean material loss. The spirit­ residence rights, the Northern Cape Board is ual and emotional loss can do even more intent on moving even the urban qualifiers in­ damage. Moving people like pawns on a chess to the homeland^ board to suit some racial ideology is one of At Badplaas the failure to establish a for­ the tenets of the Verwoerdian madness. These mal township in the municipal area means people are being “relocated” in the name of {hat the entire black population of about apartheid; this means the division of commun­ 2 000 becomes illegal and is open to prose­ ities with a strong sense of historical destiny cution and eviction if it does not move. The and social cohesion. authorities intend to “relocate” these people in KaNgwane. Forced removals are being speeded up to r' While the reasons for removal may sound justify the exclusion of Africans from polit­ different, the underlying philosophy is the ical rights in South Africa — Africans are be­ same. ing removed to the Bantustans. The racists want to “reduce” unemployment in South The Underlying Philosophy _ Africa and increase it in the Bantustans, What are called “Black spots” in South Af- which, besides this, will have to take care of rita are Black-occupied land areas which have the aged, the sick and the education of the been designated “White” in terms of the .young. KoomhoFs response is both pitiful Group Areas Act. “Consolidation” and “re­ and pitiless. property and mineral rights were held com­ Mogopa and hchsdraai munally. The diamond mine was leased to a In October last year it was reported that members of the Bakwena community who White miner. • • When removals began, the solid stone have refused to move from their ancestral houses and buildings were bulldozed, and are home, Mogopa, near Ventendorp, will defin­ now in ruins. With no schools, no churches, itely be moved to Pachsdraai in the area. At Mogopa, thos tion on the appalling living conditions in the come and surround your house as though camp. you killed somebody. Then they forced At Pachsdraai, conditions are dry and you to leave your house without you bad; there is no food, no grazing, no water — knowing why, how you must go. They ■ a crusty dustbowl; the only water you find decide how much to pay you without are the bitter tears of the people. talking to you about i t But you must ac­ In June 1983 people were moved from cept because they already break your Mogopa to Pachsdraai - over 200 kilometres house. away. Pachsdraai has hundreds of green tin "Then they tell you you must go to sheds with smaller ones - die toilets - dum­ Pachsdraai, although you tell them1 you ped in the dry scrubland. The nearest town is would rather go to Bethame, and then , 50 kilometres away. they tell you if you want to go to Beth- By the way, Mogopa was bought by a anie you must fetch your own transport. chief in 1911 on behalf of the Bakwena peo- They must be great cowards to come and ~ pie and was to be held in trust for the com­ surround people when they are all fast munity; it had three schools, four churches asleep to do these things.” and two water pumps, which the inhabitants had built and bought themselves without gov­ On the day of removal, Mogopa was declared ernment aid. These people were a farming ■an “operational area,” a “no go zone,” which community, growing maize, sorghum, sun­ meant reporters, photographers and activists flowers and other crops. At Ventendorp their could not enter. herds of goats, donkeys and cattle had never On the day they were taken from Mog­ lacked grazing. It was a community united. opa, government trucks removed only people This community owned land incorpor- and their goods, and not their animals. The a ting a diamond mine. The community occu- money they were paid as compensation was pied two farms, Swartrand and Hartebees- enough x to pay nearby White farmen with 22 land, on an area some 10 000 hectares. Both trucks to transport their battered belongings. " ' V •

/I

Isolation, desolaliortand poverty - a resettlement camp in the veld

T alking about White farmers, removals to by her arms and threw her into the vehicle. them mean profit. People sell their cattle to " Abraham Mabidikane said he had seen the first White farmer they can find, getting I m r More, the village headman, and George as little as R46 for animals worth R250. Ben­ Rampou, the organiser of the resistance, jamin Modisakgosi sold two cows to a local handcuffed by police and taken away in vans. White farmer for R80 and R110 respectively. The Star of 16th February 1984 reported: Their normal market value would have been at least R500 each. Jerry Makhalephe sold “The first batch of 27 removed families _two large oxen worth RI 000 each to a local included the entire leadership of the re­ White farmer for R250 each. sistance community.” Those who had done their local annual planting had just to forget about it. Mrs Elizabeth Kgatitsoe, who ran the village’s j, The Mogopa removals were a harrowing only supply store, said she was having trouble experience: for the first time in 21 years, getting her trad­ ing licence renewed, which she must do every 0 “My father was brought from Mogopa year. The only other supply stores are in the to Pachsdraai by ambulance,” - 1 White town of Ventersdorp, 20 miles away. * / Few Mogopa villagers had cars. remembered a youngster. The removal had been authorised under One woman said guns were trained on the 1927 Native Administration Act. A spec­ her; several were struck with batons, and some ial clause in the Act prevents any community were physically forced into buses. One wom­ due for removal from seeking an interdictag- an said she was thrown into the bus “like a ainst removal, annuls their right to negotiate pig” — she was hurled to the ground by four compensation, and dispenses with the neces­ policemen; two held her by her feet and two sity of obtaining the approval of the whole 23

• * V ‘ ' ' * * * • .j L-- ■ community for the removal. Despite this which Mkhize was shot dead on April 2nd clause, the Mogopa people decided to apply 1983 was to discuss a petition that he had to the Supreme Court foT a stay, in the hope drawn up following remarks made by Prins- that it might secure an eleven th4iour reprieve. , loo (the Wakkerstroom Commissioner for. Jack Unterhalter, counsel for die Mogopa Koomhofs department) at a meeting a fort­ people, stated that the Act required the State night previously. The petition read: President’s order to be confirmed by a resol­ ution of Parliament after its issue, in order to . "We, the undersigned, landowners and become effective. This fell on deaf ears. s tenants at Driefontein, protest most strongly against the Government attit­ To Bethanie - udes as expressed by the Commissioner Jacob More, an ex-South African policeman, on March 19th 1983, that it has already was deposed as headman of the community decided on the removal of Driefontein in 1981 and replaced by Shadrach More - no and is not prepared to negotiate with us relation of his. Jacob was deposed on alleg­ about this. We believe that this attitude ations of mismanagement of financial affairs. is harmful to relations in our country ... The authorities still recognised him as head­ “We and our families have lived at Drie­ man. fontein for over 70 years. We cannot ac­ The people are bitter and distrustful of cept that the Government can simply Jacob More, who organised the removal of take our land without being prepared to the people of Mogopa tp Pachsdraai, and was discuss it with us.” party to the destruction of everything they had built up over the yean. They cannot bear What is significant and relevant about to be under his control and have now chosen Mkhize’s murder is that he died protesting to go to Bethanie — the home of the para­ against a government policy which forcibly mount chief, James Lerothodi Mamogale. removes Blacks from White-designated areas Access to places in school grazing land and shifts them to land rejected by Whites; and fields is restricted in Bethanie. But the land devoid of basic amenities, where mal­ Boers do not mind, because Bethanie is inside nutrition and poverty are widespread; land Bophutatswana and under the control of the that has never been “home” to the people very officials who co-operated with Pretoria who are literally dumped on it. This makes a in arranging for the removal from Mogopa. mockery of the “reforms” which Botha But Bethanie is still better than Pachs­ boasts about. . draai. Police alleged that the residents had be-^ come “hostile” and “violent” when they were, Driefontein, KwaNgema and Daggakraal ordered to disperse from an alleged illegal Saul Mkhize was not an ANC member; he was meeting. But the eyewitnesses say the crowd not a saboteur, but a Black farmer who mere­ had already dispersed when Constable Nie- ly pleaded for humane and just treatment for naber fired the fatal bullet; that he had driven ~ himself and his fellow Blacks. his police van out of the school grounds; that Mkhize wrote to Botha, the Prime Minis­ there was a six-foot-high fence between him ter, out of frustration at the failure of Koom- and his victim, and that he used a short gun hof to respond to his pleas against forcing the with a No. 1 cartridge, the heaviest of all. The Driefontein people to move. The result was philosophy seems to be: if you shoot an Af­ harassment; pass arrests; a mysterious car was rican from the front it is in self defence; if it parked outside his home at two o’clock one is from the back it is to prevent escape. Nie- morning for 20 minutes, with parking lights naber shot Mkhize in the knowledge that the on. system which produced him will protect him 24 One of the purposes of the meeting at — a system which has produced brutes like 7 *

Nienaber and ostriches like Koomhof. KwaNgema, is the grandson of Stuurman The other two "Black spots" communit­ Ngema, whose “heirs and successors” were ies, situated well away from the dam (which granted use of land by Resolution No 603, is cited as a reason for the removal of the Drie- dated June 21st 1904, of the Executive Coun- • fontein people) are the Daggakraal (a funny ril of the Transvaal Colony “in the name and name) and KwaNgema people. What is even on behalf of His Majesty King Edward VII of more sinister is the suggestion that these Great Britain.” people have to ve split ethnically; the Zulus That is why thi KwaNgema community have to go to Babanango in KwaZulu; the sent urgent pleas to.the British Prime Minister, Swazis to Lochiel in KaNgwane and the Mrs Margaret Thatcher, and Queen Elizabeth Southern Sothos to Witzieshoek in QwaQwa. on-May 23rd, asking for help in their oppos­ In Driefontein the mood has remained ition to attempts by the South African regime electric since the death of Saul Mkhize, and to relocate them. This -question featured in David Twala, the Daggakraal chairman of the the talks between Margaret Thatcher and local.stand-ownen’ executive, told van Nie- Botha. kerk (Chief Commissioner for Northern Ar­ eas) that his people did not only reject re­ (Part II o f this article will appear in the next movals but considered it insulting to be seen issue o f Sechaba, in November.) as Zulus, Swazis and Southern Sothos:

“We have intermarried, and whoever will point at us as Zulus, Swazis and Southern Sothos is insulting, for we are one Black nation of Daggakraal.”

Saul Mkhize’s son, Paris, was harassed and beaten up: t

“Why does your father not want Drie- ' fontein to go?”

After being punched, kicked, and hit with sticks, Paris said he was taken to a mechanic’s workshop, where he was ordered to strip, and a l o t metal welding machine moved in the air close to his body (though it did not bum him). A policeman then: • -•» “took my shirt and strangled me with it it ... I then lost my consciousness and found myself lying on the ground.”

It is worth noting that the farm at Driefon­ tein was bought in 1912 by Pixley ka Isaka Seme, who, at the time, was busily.involved in launching the ANC. It was bought specific­ ally: to be divided into plots for sale to indiv­ idual Black farmers. Alfred Ngema, the oldest resident in 25

4 I

nature of these conflicts. There is here a rich win nriD area of the law developing to meet the needs of the international community.

The Geneva Convention p o l it ic s in The core of the law for the protection of in­ dividuals in time of war is provided by the Geneva Conventions of 1949 consisting of SOUTHERfl four treaties, relative to the Wounded and the Sick, the Wounded, Sick and Shipwrecked at Sea, Prisoners of War and Civilians. There are other provisions Tegulating the conduct of RFRICFI: war on land or sea, especially the Hague Con­ vention of 1907 on the conduct of war on land but it is the “Geneva Principles’ as they By Kader Asmal Part IV have become known which are especially rel­ evant, particularly Conventions III and IV dealing with prisoners of war and civilians res­ pectively. They form the basis of internat­ HUMANITARIAN ional humanitarian law. These Conventions are ratified by about LAW the highest number of states compared to Principle Vl(b) of the Nuremburg Principles any other international treaty. As of June of 1946 adopted by the General Assembly 1977, there were 143 states who were parties defines War Crimes as: to the Conventions (including South Africa, Israel, Morocco and Indonesia). With one ex­ “Violations of the laws or customs of ception, the whole of the organised internat­ war which include, but are not limited ional community is bound by these rules. The to, murder, 31-treatment or deportation question of whether these Conventions are to slave labour or for any other purpose part of customary international law (thus pro­ of civilian population of or in occupied viding rights for entities not parties to the territory, murder or ill treatment of Convention) is not merely of “academic prisoners of war or persons on the seas, interest,” (23) as one writer suggests, but of killing of hostages, plunder of public or profound importance. If the Hague Regulat­ private property, wanton destruction of ions were held to be declaratory of customary cities, towns or villages or devastation international law by the Nuremburg War not justified by military necessity.” Crimes Tribunal, although they were ratified by far fewer states, the near-universality of Wars of national liberation did not fit easily the Geneva Conventions must undoubtedly into the traditional description of parties make them part of customary international covered by international humanitarian law in law. that one party (the liberation movement) is In any case, there are features to these not a state while the other party is, however, Conventions which are unique in internat­ illegal its occupation (as South Africa in ional relations and in texts imposing duties on Namibia, Israel in the West Bank and Gaza, states. For example, Article 1 common to all Indonesia in East Timor) or illegitimate its four Conventions provides that “the contrac­ status (as in the case of South Africa itself). ting Parties undertake to respect and ta en­ The applicability of the Nuremburg Prin- sure respect for the present Convention in all 26 ciples to these territories depends on the legal circumstances.” This obligation does not over- Up with the results of ratifying the Conven­ racism, is inextricably bound up with the tion. It emphasises that the Conventions im­ norms of law associated with three other ply certain pledges taken by the State itself, areas. Firstly, there was the effect of General in accordance with its humanitarian duties Assembly Resolution 1514 of 1960 embrac­ and which are independent of any reciprocity ing the Right of Colonial People to Indepen­ on the part of other or co-contracting powers. dence and Self-Determination; secondly, the Therefore, this “imperious obligation of civil­ development of the right of movements rep­ isation imposes not only a duty on a contrac­ resenting such peoples to employ armed strug­ ting State to carry out the obligations but also gle in pursuit of these objectives, which owed imposes an obligation on other States bound so much to the 1966 Conference of States of by these Conventions to ensure that the de­ Governments of 47 non-aligned countries faulting State carried out its duties. This which declared that “colonised people may would seem to place interesting obligations legitimately resort to arms to secure the full on the allies of South Africa to ensure that exercise of their right to self-determination the regime complies with the provisions of and independence if the colonial powers per­ the Conventions, which may be one reason sist in opposing their national aspirations.” why even Western powers have appealed to The “right to revolt” was asserted in sub­ the South African regime not to execute com­ sequent General Assembly resolutions and batants of the African National Congress. found its clearest manifestation in the consen­ Otherwise, the other contracting States may sus Declaration on Definition of Aggression themselves be in breach of Common Article 1. * of the General Assembly in 1974. The major obstacle to the reliance on the Thirdly, the majority of members of the Geneva Conventions by combatants strugg­ UN had contended for a number of years that ling against colonial and alien domination and the conflicts in countries under colonial dom­ • racist regimes was that these Conventions app­ ination were in fact international conflicts for lied to international conflicts i.e. inter-state the reasons we have already seen and since wars and conflicts, and they presupposed that these territories have an internationally pro­ only states could become parties orcontrac- tected right to revolt, foreign states (or in the ' ting powers to the Conventions. special kind of colonialism existing in South Article 3 common to the four Conven­ Africa, South Africa itself) are bound to tions attempts to deal with armed conflicts observe the Geneva Conventions, especially hot of an international character by laying those relating to civilians and prisoners of war. down the minimum of humane treatment to If, therefore, rules in a treaty stipulated that be guaranteed for prisoners. But the terms wars of national liberation are international On which Article 3 may apply are vague and armed conflicts, these rules would simply they depend on" a state party to the Conven­ codify international law already in force. (24) tions applying them to the situation. As far as the status of combatants of nat­ Not once in the recent anti-colonial strug­ ional liberation movements was concerned, gles against the Portuguese up to 1974 did the the United Nations Conference on Human metropolitan power recognise the application Rights held in Teheran in 1968 on the 20th of Article 3. Also, the three kinds of struggle anniversary of the UN Declaration on Human referred to above were not really assimilable Rights specifically referred to the need to ex­ to the kind of civil war situation regulated by tend human rights provisions to all internat­ Article 3. ional conflicts. Direct United Nations interest c in this area was aroused very quickly and in Move Towards New Law 1970 the General Assembly requested the The development of new rules to regulate the Secretary General of the United Nations to status of combatants fighting for national lib­ give “particular attention to the need for the eration, against alien occupation and against protection of the rights of civilians and com­ batants in conflicts which arise from struggle! the extension of the notion of international under colonial and foreign rule, for liberation conflicts to cover the situation in Southern and self-determination and to the better app­ Africa, and to other anti-colonial conflicts lication of existing humanitarian internat­ covered by the Protocol. ional conventions and rules to such conflicts.” To reflect the developments since 1960, This development culminated in the the Conference, in the text adopted in Article adoption by the General Assembly in 1973 of 1 of Protocol I, incorporated the three con­ Resolution 3103 which re-affirmed the right flict categories recognised in a number of to revolt, stressed that the policy of apartheid United Nations resolutions and made the and racial discrimination has been recognised Protocol applicable to: as an international crime, referred to the il­ legal status of mercenaries and, in operative “ ... armed conflicts in which the peoples paragraphs 2 and 3, stated that: are fighting colonial domination and alien occupation and against racist regimes in “the armed conflicts involving the strug­ the exercise of their right of self-determ­ gle of peoples against colonial and alien ination as enshrined in the Charter of the domination and racist regimes are to be United Nations and the Declaration of regarded as international armed conflicts the Principles of International Law con­ in the sense of the 1949 Geneva Conven- cerning Friendly Relations and Co-oper­ tion and the legal status envisaged to ation Among States in Accordance with apply to the persons engaged in armed j the Charter of the United Nations.” struggles against colonial and alien dom­ ination and racist regimes. The history of this provision shows that those . “The combatants struggling against col­ who proposed it did not intend to limit its onial and alien domination and racist application to the category of conflict which • regimes captured prisoners are to be ac­ simultaneously involves all three conditions, corded the status of prisoners of war and Le. those fighting against colonial domination their treatment of them should be in and alien occupation and against racist accordance with the provisions of the regimes, as some western commentators had Geneva Convention relative to the Treat­ suggested. If this limited view were accepted, ment of Prisoners.” the Protocol would apply only to externally imposed colonial and racist regimes and not The International Committee of the Red to the situation in South Africa. S Cross had already convened meetings of ex­ This view is untenable for two reasons. perts to consider the elaboration of the 1949 Firstly, for many yean, the General Assem­ Conventions. The invitation of the General bly of the United Nations has characterised Assembly to deal with the above matter could the struggle of the people of South Africa as not have come at a more propitious time and a struggle for self-determination and has as­ provided the appropriate backdrop when the sociated the demand for the overthrow of Geneva Conference of Diplomatic Represent­ apartheid with the right for self-determin­ atives was convened in 1974 and adopted ation. Secondly, from 1968 to 1975, more than 20 resolutions of the General Assembly Protocols I and II in 1977. had been passed supporting the extension of Scope of Application of Protocol I human rights in periods of armed conflicts, Protocol I supplements the four Geneva Con­ culminating in the seminal resolution of 1973 ventions of 1949 as they applied to inter­ entitled “Basic principles of the legal status national conflicts. Armed conflicts not of an of the combatants struggling against colonial international character are covered by Proto- and alien domination and racist regimes,” a 28 'col II of 1977. The real advance in 1977 was Declaration which lent substantial impetus to tiie First Article of Protocol I (GA Resolution cluding, therefore, Article 96, paragraph 2 of 3103{XXVIII) 1973). This Declaration ex­ the Protocol). plicitly treats racist regimes as a form of op­ However, what difficulties there may pression distinct from foreign occupation and have been in conferring such a power on a expressly alludes to preceding resolutions liberation movement which may not, at the dealing exclusively with apartheid and racial present time, be administering territoiy.have oppression. been removed by the automatic triggering mechanism of Article 96, paragraph 3 of Pro­ This conclusion is supported by an auth­ tocol I of 1977 which states: oritative study not sympathetic to the exten­ sion of the applications of the Conventions to . “The authority representing a people en­ the South African situation which concludes gaged against a High Contracting Party in that the Declaration did not qualify the racist an armed conflict of the types referred t<^ regime’s falling within its ambit by limiting in Article I, Paragraph 4, may undertake them to those involving external domination. to apply the Conventions and this Proto­ “Rather, it is submitted that the history of col in relation to that conflict by means the amendment indicates that three distinct­ of a unilateral declaration addressed by ive alternative conflict categories were con- the depositary./Such declaration shall, templated.”(25) Western commentators have upon its receipt by the depositary, have been generally antipathetic to a formulation in relation to that conflict, the following which presents a judgment value on the role effects: of a liberation movement as “the recipients a) the Conventions and this Protocol are of a discrete system of humanitarian safe­ brought into force for the said authority guards” (26) but they tend to ignore or min­ as a Party to the conflict with immediate imise the strength of the feeling of other effect; states and communities concerning the crimes b) the said authority assumes the same of colonialism and apartheid and the associat­ rights and obligations as those which ed legal developments, and the way in which have been assumed by a High Contracting rules of international law have developed. Party to the Conventions and this Proto­ Liberation movements can therefore col, and make a Declaration under Article 96 of Proto­ c) the Conventions and this Protocol are col I bringing it within the purview of the equally binding upon all Parties to the Protocol and Conventions and as parties to . conflict.” •' - conflict ■i The traditional view was that only states There is no impediment in the way of liber­ might become parties to or accede to the Con­ ation movements becoming a Party to the ventions, notwithstanding the post-war evol­ Conventions and the Protocol since the 1977 ution that a territory or political erftity which Protocol clearly and expressly confers such a is denied its right of self-determination guar­ right . . > anteed by the Charter of the United Nations The Protocol is subject to ratification or • can be regarded as an international person for accession by States. However, as many dele­ some purposes. This approach enables Profes­ gates at the Geneva Conferences in 1974 and sor Abi-Saab to come to the conclusions that 1977 pointed out, Article 1 of the 1977 Pro­ ‘liberation movements have a jus ad beUum tocol is a codification of the developing rules under the Charter,” and “they are subject to of law exemplified by the General Assembly the1 international jus in bello in its entirety.” Declaration of 1973 on the legal status of A 'national liberation movement may there­ combatants struggling against colonial and for constitute itself as a Tower’ by accepting alien domination and racist regimes which es­ the' provisions of the four Conventions (in­ pouses the extension of the full Convention 29 protection to them. Article 1, therefore, does not create new law for liberation movements, “Wherever practically possible, the Af­ but merely crystallises in treaty form already rican National Congress of South Africa existing rules of customary international law, wfll endeavour to respect the rules of the especially those rules embraced by the four four Geneva Conventions of 12th August Geneva Conventions of 1949. 1949 for the victims of armed conflicts On this basis, these liberation movements and the 1977 additional Protocol I relat­ are entitled to the legal status, as regards the ing to the protection of victims of inter­ application of the jus in bello, of a regular national armed conflicts.’X28) army and the inhabitants o f these territories to the protection of the accepted rules con* In a number of trials in South Africa in rec­ ceming the conduct of such hostilities. It can ent years, defence lawyers have invoked the therefore be argued that all that the Protocol internationally-protected status of combat­ through Article 96 does is to establish the ants of the ANC, and the General Assembly’s modalities by which these rights and obligat­ demands for either commutation of death sentences imposed by South African courts ions come into being; it does not create them. or for prisoner of war status. In a remarkable If the liberation movement does make the unilateral declaration envisaged in Article 96, vote on 1st October 1982, 136 states called paragraph 3, then a heavy responsibility rests for this status when Mogoerane, Mosololi and on the belligerent state to observe the custom­ Motaung were sentenced to death following the Booysens Police Station and Sasolburg ary rules, especially in relation to the treat­ attacks. There were no votes against and only ment of prisoners of war, or to accede to the the US abstained. Protocol itself. SWAPO, for example, has al­ ready made a public statement that the Western commentators were largely ant­ agonistic to the pvolution of Article I, para- “Namibian Liberation Army must — and does agraph 4 , of the Protocol and to the criteria - comply with the laws and customs of war used for the indentification of prisoners oP as set out, in particular, in the Geneva Con- * war, under Article 44, paragraph 3. ventions of 1949 and South Africa's armed However, in spite of the early opposition forces are also bound by these Conventions ” (27) at Geneva o f some Western governments, there is now a grudging respect for the new On 28th November 1980, the African National Congress of South Africa deposited situation arising out o f Protocol I and the evolution of these rules of customary inter­ the following Declaration with the Internat­ national law. As one writer put it: 1 ional Committee of the Red Cross, which was received on behalf of the Committee by the 1 President: it cannot be denied that the promul- ption of these instruments represents an “It is the conviction of the African Nat­ important step forward in the desire of ional Congress of South Africa that inter­ modem nations to alleviate the suffering inflicted upon both combatants and civ­ national rules protecting the dignity of ilians in the conduct of armed conflicts human beings must be upheld at all times. Therefore, and for humanitarian reasons, and to reach a balance between military the African National Congress of South necessity and the most basic values. ”(29) Africa hereby declares that, in the con­ duct of the struggle against apartheid and If the "most basic values” are to have any im­ for self-determination in South Africa, it mediate relevance to Namibia as it is illegally ^ intends to respect and be guided by the occupied by South Africa, then there is a spec- general principles ofintemationalhuman- dutV on the major Western powers tO'en- itanan law applicable in armed conflicts. sure that the South African regime observes the principles of the legal status o f the com- batants “struggling against colonialism and ination. racist regimes” (solemnly proclaimed by the The new legal order makes demands upon General Assembly Declaration of 1973) as lawyers to ensure a commitment to national expressing the law, and elaborated in Proto- • liberation movements. The territorial integ­ col I of 1977. rity of colonial territories such as Namibia If the South African regime continues to must be maintained. The bantustanisation of murder prisoners of war, and its allies con­ South Africa must be rejected. The demand tinue to permit it to do so, then the rest of for the treatment of captured freedom fight­ the international community will draw the ers as prisoners of war in terms of the relevant appropriate conclusion as to whether the Geneva Convenuons, has assumed particular' West is seriously concerned at all with the significance in the context of Protocol I of systematic violation of the “most basic val­ 1977. ues” for the vast majority of the people of Most important, the need to use the legal ' Namibia and South Africa, and with the rest power of the United Nations in support of of the territories covered by Article 1. mandatory action under Chapter VII of the The liberation movements lay great store Charter in those territories where demands on this legal dimension. Governments are ob­ for economic, military and nuclear sanctions liged under Resolution 34/93H(XXXTV) of have been made by the liberation movements, 1979 to take “appropriate measures to save has become urgent. In order to do this, there the lives of all persons threatened with exe­ must be a political will in the West. Lawyers cution in trials staged by the illegitimate racist may be able to contribute to such an evol­ regime (of South Africa) on charges of high ution. > treason and under the obnoxious Terrorism The national liberation movements of Act.” Southern Africa, SWAPO of Namibia and the African National Congress of South Africa, ^ * Conclusion .concerned as they are with the racist violence International law is no longer the monopoly of the. forces of apartheid, look to internat­ or preserve of a small number of States from ional lawyers to focus attention on the tri­ Western Europe and the Americas. In the past partite nature of crimes which invite individ­ three decades, under the inspiration of new ual responsibility under international law. pressures, it has responded to the needs, de­ Lawyers need to investigate the extent to sires and aspirations of a larger community of which the crime of aggression (against sub­ peoples and States, many of whom have re- jects of international law such as Angola, ently undergone the humiliation, violence and Zambia, Botswana, and peoples protected by racism inherent in colonialism. The legal dev­ international law such as the people of elopments must not therefore be seen as part Namibia and South Africa), crimes against of an emerging regional law of Africa or the humanity (through the execution of policies of racial'discrimination and political, econ­ ‘soft law’ of the United Nations. omic, social and racial oppression of a people), r. The rules relating to self-determination and war crimes (through acts contrary to the reflect an urgency where the maintenance of laws of war, non-recognition of prisoner of the. status quo must yield to the imperatives of change. The Western system,which exclud­ war status etc) have been committed by the racist and colonial regime of South Africa. ed the vast majority of mankind and which The agenda for action is clear. But there had: no creative potential for solving difficult must be a renewal of commitment to action problems, has given way to the UN Charter against the last vestiges of colonialism and system, which, through the fundamental law ot the organise^ world community, affirms racism. the right of political and economic self- References: determination, and repudiates racial discrim­ 23. Baxter, Harvard Intemaional Law Jour­ nal, 1975, p.l. 26. Ibid, p.57. 24. See further, N Ronzitti, Resort to Force 27. SWAPO statement at Dakar Internat­ in Wars o f National Liberation, in CUrrent ional Conference, Namibia and Human Problems o f International Law, ed. Cassese, Rights, in International and Comparative 1975, p. 319. Contra: Dugard, SWAPO: The Law, 1978, p. 389. Jus ad Bellum and the Jus in Bello, 93 SAU, 28. See U.N. General Assembly document 1976,p. 145, and Theodoropoulos ’ persuasive A/35/710 of 4th December 1980. response to Dugard in Africa Today 26,1979, 29. Buckley, Mercer Law Review, 1978, PJ9 . p. 1164. 25. De Pue, Military Law Review, 1977, P-71. BEVIE

Crippling a Nation: Health in Apartheid tem per se. This is enhanced by the differen­ South Africa, IDAF, London, 1984, £3.00. tial distribution of health resources. Thus the high level of unemployment, the low South Africa is the only country in the world wages and the poor housing are inextricably ' in which racial discrimination is part and par­ related to the high rate of malnutrition, in­ cel of legislation and government. Nowhere fectious disease and infant mortality. These , is this more apparent than in the dispropor­ considerations are discussed in the first three tionate State fiinds allocated to the different sections: The Bantustans, Migrant Labour and population groups. Health suffers from the Poverty; Malnutrition and Infant Mortality; same separate and' 'unequal disposition of and Infectious Diseases. funds as does the development of housing and The chapters on Health Services and education, which are also indicators of the Health Workers document the unequal dis­ well-being of a nation. tribution of government funds, providing Dr Seedat documents the discrepancies totally inadequate services that compound in health between the different population the appalling health conditions of the major­ groups by use of official statistics, Hansard, ity of the people of South Africa. parliamentary reports, national and inter­ Unfortunately, the book is not alto­ national newspaper articles, accredited books gether coherent in parts, and lacks depth in and speeches. As always, the Institute of Race certain areas, particularly the health condit­ Relations Yearbook is an invaluable source of ions in die Bantustans (an area in which information. Her book is also peppered with there is too little published information). anecdotes to illustrate some of the emotional We still do n6t have a comprehensive socio­ and psychological pressures the system sub­ political analysis of health in apartheid jects the African population to at all levels. South Africa, but this book provides a useful Her main theme is that the pattern of source of information and is a welcome disease associated with opulencfe for the addition to the literature on the subject. Whites and poverty for the Africans is a con- JAS 32 sequence of the pattern of the apartheid sys­ SECHABA and other ANC Publications are obtainable from the following ANC Addresses:

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ETHIOPIA UNITED KINGDOM PO Box 7483 PO Box 38 Add iv Ababa. 28 Pen ton Street London N1 9PR. FRANCE 42 Rue Rochechovart UNITED STATES Paris 75 002. 801 Second Avenue ApL 405 New York NYC 10017. GERMAN DEMOCRATIC REPUBLIC Anferwef 2 ZAMBIA Wilhelm sruh 1106 PO Box 31791 Berlin. Lusaka.

toy Ita African National Congrau ml Sauth Africa, f. O. M i J17*l LUSAKA, ZAMBIA h > M hr «*• Dwfcaral 'tridi WaJaart*. (M Naobrai^ankwf. O.O.«.

Collection Number: AK2117

DELMAS TREASON TRIAL 1985 - 1989

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