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Economic and Social Council UNITED NATIONS Distr. ECONOMIC GENERAL E/CSF. 4/193 3/10 AND 21 January 1983 SOCIAL COUNCIL Original 1 ENGLISH/FRENCH COMMISSION OF HUMAN RIGHTS Thirty-ninth session 31 January-11 March 1983 Item 6 of the provisional agenda VIOLATIONS OF HUMAN RIGHTS IF SOOTHERS AFRICA REPORT OF THE AD HOC WORKING GROUP OF EXPERTS PREPARED IS ACCORDANCE WITH COMMISSION CE HDIIAN RIGHTS RESOLUTION 5 (XXXVIl) AITD ECONOMIC AND SOCIiiL COU1TCIL RESOL'JTIOF 1982//O GE.83-10251 E/CIT. 4/198 3/10 page ii XITMTS Paragraphs Page INTRODUCTION ......',.. 1-53 1 A. Mandate and composition of the Ad Hoc Working Group of Experts on southern Africa .................... 1-18 1 1. Historical background and present mandate of the Group 1-14 1 2. Composition of the Ad Hoc Working Group of Experts ." 15-18 5 76. Organization of work and procedures adopted "by the Ad Hoc Working Group of Experts 19-48 7 1. I leetings and mission of inquiry 19-21 7 2. Conduct of the investigation 22-48 7 C. Basic international standards relevant to the natters falling within the mandate of the Group .. 49 - 53 12 Chapter I. SOUTH AFRICA 54-450 16 Introduction 54-62 16 A. Capital punishment 63-77 18 1. Reference to some relevant laws 63-64 18 2. Summary of information and evidence received 65 - 68 18 3. The case of the Pretoria Three 69-72 19 4. Sasol treason trial 73-77 19 B. Other violations of the right to life 78-83 21 C. Treatment of political prisoners 84- 157 22 1. Reference to some relevant laws .......... 85-89 22 2. Summary of information and evidence received 90 - 157 23 D. Deaths of detainees 158 - 176 46 E. Alleged responsibility of security police forces; list of persons implicated in cases of torture 177 - 190 49 E/CIT. 4/198 3/10 page iii Paragraphs Page F. Forced removals of populati on 191 - 222 51 1. Reference to some relevant laws ,. , 197 - 201 51 2. Conditions in resettlement ares-s , 202 - 206 52 3. Examples of removals 207 - 222 53 G. The "Bantu Homelands" policy 223 - 261 57 1. Summary of relevant legislation 226 - 229 57 2. Violation of Iho right of all people to the exercise of self-determination , 230 - 233 58 3. Obstacles to the right freely to determine political status 234 - 237 59 4. Exploitafcion of black workers , 238 - 2/2 59 5. Obstacles to the right freely to pursue econoraic developnenfc , 243 - 249 60 6. Abuse of police powers by bhe "homeland" authori ties 250 - 260 61 7. Attempts to disrupt national unity and destroy the personality and identity of blacks ......«....<, 261 62 H. Conditions of black workers , 262 - 508 63 1. Conditions of workers in the agricultural sector ., 265 - 273 63 2. Conditions of workers in the industrial and other sector 274 - 300 64 I. Denial and infringements of trade union rights 309 - 352 72 1. The suppression of the right to organize trade unions 312 - 332 72 2. The persecution of workers because of their activities, particularly as a consequence of s fcrike action , 333 - 352 75 J. Student movements 353 - n2 80 1. Relevant legislation 354 - 356 80 2. Student campaigns agains'c the Government's policy of black education .,.. 357 - 372 80 3. Student movements in black universities and schools 373 - 405 83 4. Student movements in white universities .... ^06 - A-12 87 E/CN.4/1983/10 page iv Paragraphs Page K. Other serious violations of human rights resulting from the policy of apartheid and racial discrimination 413 - 444 89 1. Censorship and restrictions'on the journalists 4-14 -'420 89 2. Pass laws 421 - 425 91 3. Bannings '......'. ". 426 92 4. Denials of issues of passports 427 - 428 92 5. Health ......... ~ 429 - 444 93 L. Violations of the'integrity of neighbouring States ~... .' 445 -• A50 98 II. NAMIBIA ..."...•. 451 - 630 99 Introduction ........................................ 451 - 475 99 1. Efforts bo secure a'peaceful settlement '.'., 453 - 4-60 99 2. Moves towards the imposition of an internal settlement \...\.... 461 - 468 104 3. Militarization of Namibia and attacks against Angola , 4-69 - 475 107 A. Capital Punishment ... ...................;.. 476 - 479 110 1. Reference to some relevant laws ............. 476 ~ 477 110 2. Summary of evidence and information received 473 - 479 110 B. Other violations of the right to life 4-80 - 511 110 C. Forced removals of population 512 - 522 119 I). Treatment of political prisoners and captured freedom fighters '.. '................. '. 523 - 588 121 1. Summary of some relevant laws' 523 - 530 121 2. The Police forces; present structure and United Nations 'proposals 531 -' 540 124 3. Summary of evidence and information received . 54-1 - 588 127 E. Situation of black Kami Man workers ., 589 -'601 139 1. Background"information 589 -'591 139 2. Summary of evidence and information received . 592 - 601 139 P. Conditions of Africans in the "homelands" 602 - 614 142 1. Background information 602 - 606 142 2. Summary of recent developments 607 - 608 142 3. Summary of evidence and information received . 609 - 614 143 page v Paragraphs Page G. Impediments to student movements 615 - 627 144 1. Relevant legislation 617 - 619 145 2. Summary of information 620 - 627 145 H. Information concerning persons vlio have been siispoet-xl GO be guilby of the crime of apartheid or of a serious violation of human rights 628 - 630 147 III. COTvTEEBFCCS, SHTOSIA AITJ SEMIFASS 631 - 669 149 A. The Preparatory Suh-Comnitteo for the Second World Conference to Combat Racism and Racial Discrimination (fiV* York, 15-26 I larch 190?) 633 - 634 149 B. International Conference on Women and. Apartheid held in Brussels, Belgium, from 17-19 May 1982 .. 635 - 659 149 C. Second Preparatory Committee for the International Conference on Solidarity with Front Line States and Rational Liberation Struggle in South Africa (Lisbon, 16-ls -July 1932) ..." 660 - 663 152 D. United Nations Seminar on the Hole of Transnational Corporations in South Africa and Namibia 664 - 669 153 IV. CONCLUSIONS AND RCCOIEKKDATIOMS 670 154 V. ADOPTION OF THC REPORT 671 160 Annex 1: i-Tnnes of, and brief particulars on, some trade union leaders recently persecuted by the racist regime of South Africa ABBREVIATIONS JJ/CIT.4/1983/10 page 1 INTRODUCTION A. Mandate and composition of the Ad Hoc Working Group of Experts on southern Afri oa • 1. Historical background and present mandate of the•Group 1. The original mandate of Lhe Ad Hoc Working Group of Experts on southern Africa, established under resolution 2 (XXIII) of the Commission on Human Rights on 6 March 19^7 ? was to Investigate the charges of torture and ill treatment of political prisoner.?, detainees or persons in police custody in South Africa. That mandate has been successively enlarged and extended by various resolutions and/or decisions of the Commission on Human Plights and the Economic and Social Council. In accordance with its extended mandate the Ad' Hoc Working Group ha;? carried out various investigations into allegations of violations of human rights in southern Africa.and. has submitted a number of reports to the Commission on Human Rights, to the Economic and Social Council and to the General Assembly at its special request. 2. At its thirty-seventh session, the Commission on Human Rights decided, by resolution 5 (XXXVIl), adopted on 23 February 1981. that the Ad Hoc Working Group of Experts should'continue to examine policies and practices which violate human rights in South Africa and Namibia (para. 16). Therefore the Commission requested the Group to submit a report on its findings to the Commission at its thirty—ninth session at the latest, and to submit a progress report tc the Commission at its thirty- eighth session '^para. 19)• J. In accordance with the above-mentioned provisions, the Ad. Hoc Working Group of Experts submitted a progress report (E/C1T. 4/143 5) ^° "^ie thirty-eighth session of the Commission. 4. The Commission also decided that the Ad Hoc Working Group of Experts should examine in particular the report of the Secretary-General on apartheid as a collective form of slavery 1/ and !;he report on child labour in South Africa, submitted to the Working Group on Slavery at Its sixth session by the Anti-Slavery Society for the Protection of Human, Rights 2J and izropose in due course such measures as the Group deemed appropriate (para. 17). In accordance with this request, the Group considered the question at its meetings in January 1983• In this connection an account of the Ad Hoc Working Group's consideration of the question is contained in document E/CK.4/AC.22/19G5/VJ?'!. 5. The Commission further requested the Ad Hoc Working Group of Experts, in co-operation with the Special Committee against Apartheid; (a) to Investigate the conditions of Imprisonment and the state of health of persons captured at Kassinga and imprisoned at the Hardap Dam Camp, near Marienthai, In the south of Namibia,. With a view to giving effect bo that decision, the Group submitted a study which ie contained in its interim report submitted to the Commission on Human Sights at its thirty-eighth session: 3/ 1/ E/CH.4/Sub.2/449. 2/ . E/CIM/Sub.2/447, paras. 28-30. 3/ Document E/CN.4/l4«>. page 2 (b) to study the effects of the policy of apartheid on black women and children in South Africa; in conformity with General Assembly' resolution" 33/206" '£ of 16 December 19B0 (para. 21). In accordance with that decision the Group submitted to the Commission at its thirty—eighth session a special report.entitled! "Study on the effects of the policy of' apartheid"on'black"women and children'in"South Africa" (E/CK.4/1497)• • In this connection additional information has been included in the _ ; present report.
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