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REPORT
OF THE UNITED NATIONS COUNCIL. FOR NAMrnIA
GENERAL ASSEMBLY OFFICIAL RECORDS: TWENTY-SIXTH SESSION SUPPLEMENT No. 24 (A/84,24)
UNITED NATIONS
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REPORT
OF THE UNITED NATIONS COUNCIL FOR NAMIBIA
GENERAL AS~EMBLY OFFICIAL RECORDS: TWENTY-SIXTH SESSION
SU PPLEM ENT No. 24 (Aj8424)
UNITED NATIONS New York, 1971 ·.,....JJ.a__tl••' 2211•••;.2 - -_2.0.2: 1 a__---_a.£J.__-- =__IIIIiII_ij2_g_ I ! 1 '1, I,
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.Paragrap~ Page
c. Representation' of Namibia in'international' affairs •••••••••••• .. ••••• 92 - 94 19 D. Effect on Council activities of the 0plnlon of the International Court of Justice ••. 95 - 101 20
11. Activities of the liberation movement • •• • · . 102 - 107 22 '} 11 Ill. South Africa's military activities •• • • •• • 108 - 116 23 IV. Continuation of the South African policy of extending apartheid to the Territory and of measures aimed at it'S fragmentation and annexation .. ••••••••••••••••• 117 - 138 24 v. Socio-economic conditions and activities of foreign economic' and other interests in Nami bia .. • .. ••••••••••••••• .. . 139 - 165 28
A. Socio-economic conditions in Namibia •• • • • 140 - 148 28 B. Activities of foreign economic' and other interests ••.•••• .. ••••••• • • 29
PART THREE. IIY1PLEMENTATION OF GENErlAL ASSEMBLY RESOLUTION 2145 (XXI) • • • • • •• • • • • • 166 - 197 32
I. Request for an advisory opinion • .- •• • • • • • 166 - 168 32
11. . Reaction to South Africa" s' propo'sal for a plebiscite • • .. • • .. • " • " • • •• • • • • 169 - 174 32 ,', Ill. Advisory opinion of the International Court of' Justice • • • • .. • • • • • • • • • • • • • • • 175 - 188 33 A. Rea.ction of South Africa' to the advi'Sory' opi.nion 182 • • • • • •••• • • • • • • 181 - 35 ~ " 'l • B. Reaction inside Namibia to' the' advisory opinion • . • • • • • • • •••• • • 183 188 35 · · · \' IV. Action by the Security Council • • • · • • •• · 189 - 195 37
v. Proposals for future action by the Council • .. • 196 38
VI. Recommendations .. · • · · · · . · · · · . • • • 197 40 WI :: 'fill • !i a & I
ANNEXES
Page
I. Analysis of replies by Governments of Member States to the " Secretary-General's notes of 12 December 1968 and 29 December 1970 concerning the' travel documents for Namibians (as of October 1971) ..••.•...•. ••• 43 ') • II . South African' statutes purportedly applied to' Namibia- in 1971 • • . • . • • • . • • •• •• .. • • • • •• •• 45 , III. Report of' the' Counci 1" s' 1971 Mi'ssion to' Africa and Europe . • • • • . •• • • • • • • • . •• • .. •• .. • • . 49
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LETTER OF TRANSMITTAL
28 October 1971
Sir,
I have the honour to t~ansmit herewith the sixth report of the United Nations Council for Namibia pursuant to section V of General Assembly resolution 11 2248 (S-V). This report was adopted by the Council at its 120th meeti.ng on 28 Octo"ber. f In accordance with the terms of the said resolution, I have the honour to request that the report be distributed as a document of the Gener~ . Assembly at its twenty-sixth sef?sion.
Accept, Sir, the assurances of my highest consideration.
(Signed) E. o. OGBU ~/--. ~ President United Nations Council for Namibia
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U Thant Secretary-General of the United Nations New York
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REPORT OF THE UNITED NATIONS COUNCIL FOR NAMIBIA
INTRODUCTION
1. By res0~utions 2145 (XXI) of 27 October 1966 and 2248 (S-V) of 19 May 1967, the General Assembly terminated the Mandate of South Africa over South West Africa • and established the United Nations Council for South West Africa, composed of the representatives of Chile, Colombia, Guyana, India, Indonesia, Nigeria, Pakistan, Turkey, the United Arab Republic (Egypt), Yugoslavia and Zambia. The Council was
f to administer the Territory until independence, with the maximum possible participation of the people of the Territory in its work. After considering the Council's first report, 1/ the General Assembly by resolution 2325 (XXII) of 16 December 1967, requested the Council "to fulfil by every available means the mandate entrusted to it by the General Assemblytt.
2. On 12 June 1968, the General Assembly, in resolution 2372 (XXII), proclaimed that, in accordance with the desires of its people, South West Africa should be known henceforth as Namibia and that the Council should be called the United Nations '. Council for Namibia. By the same resolution, the General Assembly decided that the rouncil should perform, as a matter of priority, the following functions:
(a) In consultation and co-operation with the specialized agencies and other appropriate organs of the United Nations, which under relevant provisions of resolution 2248 (S-V), were requested to render technical and financial assistance to Namibia, to assume responsibility for establishing a co-ordinated emergency programme for rendering such assistance, in order to meet the exigencies of the present situation;
(b) To organize a training programme for Namibians, in consultation with those Governments which indicate their interest and concern, so that a cadre of civil servants and of technica.l n.nd professional personnel may be developed who would be in a position to undertake the public administration and the social, political and economic development of the State;
(c) To c(Il~inue with a sense of urgency its consultations on the question of issuing to Namibians travel documents enabling them to travel abroad. t • 3. By resolution 2678 (XXV) of 9 December 1970, the General Assembly, inter alia: called upon all States, particularly the permanent members of the Security Council, to lend their full support to the Council in the application and implementation of all measures which the Council had decided or might decide upon to obtain the withdrawal of South Africa from the Territory; appealed to all States to take appropriate steps, through action in the specialized agencies and other organizations within the United Nations system of which they were members, with a view to discontinuing any collaboration with the Government of South Africa; called
1/ Official Records of the General Assembly, Twenty-second Session, Annexes, agenda item 64, document A/6897.
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again upon South Africa to treat the Namibians captured during their struggle for freedom as prisoners of war in accordance with the Geneva Convention, relative to the Treatment of Prisoners of War of 12 August 1949, g/ and to comply with the Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; d/ endorsed the measures taken by the Council for Namibia with a view tu the issuance of identity certificates and travel documents to Namibians, and appealed to all States which had not already done so to communicate to the Secretary-General their willingness to recognize and accept such documents for purposes of travel to their countries; requested the Council to continue to perform the functions entrusted to it in the relevant resolutions of the General Assembly, including consultr.:cions, in-Africa or at United Nations Headquarters, with the representatives of the Namibian people and of the Organization of African Unity; requested the Secretary-General to continue to provide the necessary assistance and • facilities to the Council for the discharge of its duties and functions; called upon all States to co-operate fully with the Council in its efforts to discharge its responsibilities.
4. The present report, which is the Council's sixth report to the General Assembly, covers the period from 12 October 1970 to 28 October 1971•
.,
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PART ONE
ORGANIZATI0N AND ACTIVITIES OF THE COUNCIL
I. ORGANIZATION OF THE COUNCIL
5. During the period under review, the Council made no changes in its m organization and method of work which were set forth in detail in the Council's report to the General Assembly at its twenty-fifth session. 41 Briefly, the Council decided that with effect from 1 May 1970: - d f (a) The cerm of office of the President would be four months in order to provide greater continuity, and that the presidency would rotate among the Council's members according to the English alphabetical order;
(b) Two standing committees would be established: Standinr Committee I, composed of the representatives of Colombia, India, Indonesia, Nigeria, Pakistan and Turkey. Mr. Y. Soylemez (Turkey) was the first Chairman elected for a period of four months, and subsequently re-elected for two further pe~iods. He was succeeded in September 1971 by Mr. D. Adeniji (Nigeria). Standing Committee I was to be responsible for planning the Council's work, screening in-coming communications, dealing with questions of publicity and studying ways and ,means of enabling the people of Namibia to participate in the Council's work; and Standing Committee 11, under the chairmanship of Mr. A.K. Simuchimba (Zambia) and composed of the representatives of Chile, Guyana, Egypt, Yugoslavia and Zambia, was to be responsible for detailed study of all administrative, legal and educational questions concerning Namibia, arising in connexion with the implementation of , relevant provisions of General Assembly resolution 2288 (XXII) of 7 December 1967 and 2547 (XXIV) of 11 December 1969.
6. The Council's Ad Hoc Committee on Travel Documents, established in November 1967 51 under the chairmanship of Hr. D.E. Pollard (Guyana), and composed of the representatives of ERypt, Guyana, India and Yugcslaviu, continues its work with the assistance of the Actin~ United Nations Con'issioner for NFlrnibia.. The Ad Ho~ Committee is responsibl~ for studyin~ the political, leGBl Bnd administrative aspects of the question of issuance of travel doc1Xr.lents to NaT1ibians ..
r\ i' 7. During the period covered by this report, the Ad Hoc Committee prepared an interim report on travel documents which dealt, among other things, with the following: the status of negotiations with Zambia on modalities for issuing travel to \ documents; the rirst travel documents for Namibians issued during December 1970; maintaining in Lusaka and New York a register of travel documents issued; and the response by Governments since 1971 to the Secretary-GeneralIs note verbal~ of 29 December 1970 with which he transmitted specimen copies of the travel document to }1ember States and urged further reco~nition of that docLunent.
41 Official Records of the General Assembly~ Twenty-fifth Session, Suppl;ment-No. 24 (A/8024).
2./ Ibid. 'I ~enty-fourth ?ession~ SUlJPlement No.__~'±. (A/7624/Rev.l) u
-3- 8. At its 112th meeting, on 30 August 1971, the Council decided to request }tr. E.O. Ogbu of Nigeria to continue as President for a further term of four months.
9. At its lOath meetinf" on 25 February 1971~ the Council adopted a number.of the recommendations of Standing Committee I concerning the procedures for screenIng and circulating incoming commu~ications and petitions. These call for the ci:culat~on of such documents among the members of the Committee, which will then deCIde WhICh documents will be circulated among members of the Council and vlhich will be i Bsued as official documents of the Council. The Committee may also recommend action regarding certain communications.
10. The Council also adopted its programme of work for 1971, prepared by Standing Commi ttee I and containing, inter alia, the following recommendations: the Council as a whole should visit Africa and Europe; efforts should continue towards increasing the number of States which have indicated their consent to recognize travel documents; consideration might be given to suggestions aimed at a fuller utilization of the resources of the regional office of the Acting Commissioner at Lusaka ~ such as distribution of information relating to Namibia emanating from the Council and other United Nations organs; and request the competent organs of the United Nations to issue a series of stamps with a view to pUblicizing the fact that Namibia is under the direct responsibility of the Organization.
11. Standing Committee II prepared a study entitled "Progress report on South African laws and practices in effect in Namibial!. The Council subsequently requested the Committee to prepare another study on the legal aspects of General Assembly resolution 2547 (XXIV), whereby the Council was asked, inter alia, to extend to Namibia the provisions of certain international conventions. This report has not yet been finalized. .
II. COUNCIL'S 1971 MISSION TO AFRICA AND EUROPE
12. In,compliance with the provision of paragraph 13 of General Assembly resolutIon 2678 (XXV) of 9 December 1970, and in pursuance of its terms of r 7f 7rence ~ the Council decided on 16 March 1971 that the Council as a whole would VISIt Afrlca and Europe during 1971.
1~. :-he mission of the Council was headed by the Council's President, Mr. Ogbu of NIgerIa, and composed of the following members: Mr. F. Hontaner (Chile)' - Mr. M.A. Pinzon (Colom~ia); Mr. A.L. Teymour (Egypt); Hr. R. Jackson (Gu;ana)' Mr. S.M.~. Chadha (IndIa); Mr. H. Sidik (Indonesia); Mr. S.A. Karim (Pakistan)' Mr. Y. Soylemez (Turkey); Mr. A. Psoncak (Yugoslavia)' andMr AK S· h' b (Zambia). '". lIDUC lID a
14. The terms of reference of the mission were defined as follmrs:
(a) To negotiate with the Nigerian Government agreement . r 't' fe' concernIng the c~~~:~~ Ion 0 the ouncll' s travel document, including the "right of return"
(b) To finalize a similar agreement with the Government of Kenya;
-4- (c) To hold consultations with Governments relatinp to the issuance of identity documents to Namibians and other matters;
(d) To hold consultations with Namibian students and other Namibians concerning their problems;
(e) To inaugurate the regional office of the United Nations Commissioner for Namibia in Lusaka. Zambia~
(f) To hold consultations with the Organization of African Unity on the question of Namibia and to establish closer working relations between the Council and OAU on matters of common interest.
15. Mr. Agha Abdul Hamid, the Acting United Nations Commissioner for Namibia participated in the negotiations at Lagos with the Nigerian Government on the Council's travel document agreement; he was also present at Lusaka for the inauguration of the regional office.
16. The secretariat for the mission consisted of seven staff members, headed by Mr. M. Zollner as Principal Secretary.
17. The mission left New York on 3 June. arrived at Lagos the next day and at Lusaka on 8 June. While in Nigeria, the Council's President gave a press conference at which he replied to Questions relating to the work of the Council and the reasons for its 1971 mission.
18. Members of the Council were received by the Nigerian Commissioner for External Affairs, Mr. O. Arikpo, the Permanent Secretary of the Ministry of Internal Affairs, representing the Commissioner for Internal Affairs who was absent from Lagos at the time.
19. Following the completion of negotiations and the initialling of the agreement on travel documents, the Council paid a courtesy call on Major-General Yakubu Gowon, Head of State of the Federal Republic of Nigeria. The Council then visited the University of Lagos and held discussions with the Vice-Chancellor concerning possible assistance to Namibian students. The mission left Lagos for Lusaka on 8 June.
20. In Lusaka, the Council held discussions with the representatives of the United Nations High Commissioner for Refugees (UNBCR) and the regional representative of the Office of the Commissioner. The Council also held consultations with the representatives of South West Africa People's Organization (SWAPO), and with officials of the Government of Zambia. On 11 June, Zambia's Minister of State for Home Affairs, Mr. Josy Monga, officially opened the regional office of the Commissioner at a ceremony during which the Commissioner as well as the President of the Council made statements. The mission left Lusaka for Nairobi on 12 June.
21. While in Nairobi, the Council held consultations with the Government of Kenya regarding the problems of Namibians. It also exchanged letters with the Government, finalizing the agreement on the Council's travel document, including the right of return for Namibians residing in the country. The Council met with two American
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youth workers, who had recently visited Namibia~ and the regional representative of UNHCR. The Council also met with Namibian students and representatives of South vJest Africa National Uni.ted Front (SWANUF).
22. After completin~ its work, the Council split into two groups, one led by the President, Mr. Ogbu of Nigeria, was to proceed to Addis Ababa to participate in the OAU conference, while the other, headed by the representative of Turkey, Hr. Y. Soylemez, was to go to Cairo.
23. On 14 June, the latter delegation left Nairobi and arrived in Cairo the next day. It held consultations with the Deputy Prime Minister and Foreign ~1inister of Egypt, Mr. M. Riad. The delegation departed for Stockholm on 17 June.
24. The delegation to the OAU Confereence left Nairobi on 15 June arriving the 9 ~ . same day in Addis Ababa. The President of the Council for Namibia. addressed the Political Committee of the Council of Ministers on the question of Namibia. After holding consultations with officials of t:r..:= Government of Ethiopia, the delegation left for Stockholm on 17 June.
25. In Stockholm, the mission held consultation with the representatives of the Swedish Government, thG representatives of SWAPO, SWANU and a Namibian who did not have any party affiliation. Before departure from Stockholm and the conclusion of its 1971 mission, the Council held a final meeting on 19 June and considered the imminent issuance of the advisory opinion of the International Court of Justice. 6/
Ill. QUESTION OF TRAVEL DOCU~ffi~NTS AND IDENTITY CERTIFICATES
26. The scheme for the issuance of travel and identity documents for Namibians, authorized under the provisions of General Assembly resolution 2372 (XXII), became operative in December 1970, when the first of such documents was issu~d.
27. This took place at the regional office of the United Nations Commissioner for Namibia in Lusaka which, thanks to the full measure of co-operation and support of the Government of Zambia, was able to begin operations in November 1970. The activities of the regional office in Lusaka extend to other countries which have conL~uded appropriate agreements with the Council, and have greatly expanded since that time; consequently an increase in the staff is foreseen under the budget for 1972. I ;; 28. The regional office was formally opened by the Zambian Minister of State for Home Affairs during the visit of the Council in June 1971, in a ceremony attended by all members of the Council, the Acting Commissioner and the diplomatic representatives of many Member States.
29. Under its terms of reference, the office is primarily concerned with the day-tO-day administration of the travel documents scheme which requires frequent consul~ations with government officials and representatives of the Namibian political parties. The office is also participating, with the consent of the receiving States, in more eeneral activities relatinv to the welfare of the refugees, organized under both official and unOfficial auspices. In paragraph 68,
6/ For the report of the Council's mission, see annex Ill. t 2 t.k¥~ the Council discusses additional responsibilities which the office may be required to undertake, so that it can provide greater assistance to the Council in the discharge of its functions. 30. On 29 March 1971, the Ethiopian Government forwarded its assent to an exchange of letters constituting an agreement which became effective immediately. 1/ The regional representative of the Commissioner proceeded to Addis Ababa in September 1971 to negotiate the modalities of implementation with the Imperial Government and has reported complete agreement. )f 31. The agreement negotiated with the Government of Kenya was signed on 20 May 1971 by the Minister of Foreign Affairs, Mr. Njoroge ~1ungai~ and was handed to the President of the Council on 14 June 1971 during a brief ceremony at Nairobi. ~/ Subsequently, the Commissioner's office was able to reach agreement 11 • on the modalities of its implementation, making it possible to issue the first travel document at Nairobi in September 1971. 32. Although the previous four agreements with the Governments of Zambia, Uganda, Ethiopia and Kenya were in the form of an exchange of letters, negotiations with the Nigerian Government held on 7 and 8 June 1971 were conducted, at the latter's request, on the basis of a draft agreement which embodied all the points of substance contained in the letter which had been exchanged with the Governments mentioned above. 33. The Council is pleased to report that these negotiations were completely successful and resulted in the initialling of the agreement by the representative of the Nigerian Government, the President of the Council and the Acting Commissioner. The signature and ratification of this agreement by the Nigerian Government is expected shortly. i'Oi 34. The number of countries TH"hich have agreed to accept the validity of the Council's travel document now stands at 76 ~/ and includes most of the countries of Africa, Asia, Eastern and Western Europe and the Western Hemisphere. The Council is gratified to note that a number of countries which had previously expressed doubts concerning the necessity or desirability of the Council issuing such documents have now taken a more positive attitude. It may be pertinent to point out that in a number of cases, the Council was given to understand that the :e recognition of the travel document by these Governments implied a recognition of the Council and signified modifications of previous attitudes. 35. While the recognition of the Council's travel document is now general in the sense that there is no discernible opposition thereto except from South Africa and its closest allies, the Council appeals to Member States, which have thus far failed to reply to the Secretary-General's letter of 12 December 1968 and 29 December 1970, to indicate their disposition without further delay. 36. With regard to the operation of the scheme, about 20 travel documents have so far been issued, and a substantial number of new applications are now being 7/ A/AC.l31/24. , 8/ A/AC.13l/25. 9/ See annex I. -7- -=~A~2'::=7--c-:== •. =~'::'==-=-='""'-='-""~=-"":''':--='=<;:':'~":~='=''''''f'''~ =-~_. __=',-.:-~.~~ __',_._"'.'..... + • • .' • 1'",4 ~ • • • • .. ) ~...., - _1 ~ '11 • ~ "" . •• . ~ t • ~r"'" ~. • ,- : ... "... . .' ...... ~ ~"ilII1i.: .111. ,III.S••;Z ••I..U :U.: a I.L__.JJ.rJ I.'_Q~,. III . nIII ( ~ ~ i 1 st~ll III processed. As the scheme is new and the procedures fairly complex, each case I· ~~ile j!: requires separate attention and is, therefore, time-consuming. this appears i!. unavoidable, particularly since the interests of receiving Governments and the l exigencies of the Namibian struggle have to be taken into consideration, the I1u Council, hopes nevertheless, that in the future agreements will be reached on the simplification of procedures. The Council, furthermore, envisages the possibility of concluding agreements involving the right of return with other interested Goverr~ents in Africa and elsewhere. To this end, the Acting Commissioner had already initiated preliminary discussions. 37. In a few exceptional cases and purely a.s an interim measure, the office of the Commissioner has agreed to issue the Council's travel document to Namibiansto t; whom the host Government had issued papers guaranteeing their right of return. While the Member Government in question had recognized the Council's travel document and had issued an entry visa, it had not found it possible to inscribe the Ill" right of return in the document itself. As the Namibians concerned were without any other papers and had a1\plied for the Council's travel document, the Acting Commissioner felt constrained to accede to their request as it appeared likely that certain Governments W011ld be willing to enter visas in the Council document on the basis of a right of return evidenced separately. 38. To avoid any complications and possible hardships in future, the Council therefore expresses the hope that those Governments which are prepared to grant the right of return to certain Namibians residents in their country would agree to negotiate with the Council with a view to standardizing the procedures now obtaining vith Zambia and the other African countries mentioned in paragraph 32 above. 39. The Council's travel document thus far has only been issued for travel purposes. During the Council's visit to Africa in the summer of 1971, the question of issuing separate documents for identification purposes only was dis'cussed with certain Governments. In principle, the Council is prepared to issue such doc~ents which would identify Namibians as such and would signify their special status in accordance with the resolutions of the United Nations. Conscious of the difficulties which may arise from the adoption of such a course, the Council has requested the Acting Commissioner to continue discussions with the Governments concerned to explore the possible modalities of such a scheme. 40. The Council, having reviewed the operations of the travel document scheme, wishes to record its deep appreciation to the Member Governments and the United Nations officials who have co-operated in its establishment and implementation, and hopes that the scope of its operations will be extended as new experience is gained and additional Governments extend their recognition of the documents and agree to its operation. In this connexion, the Council wishes to report that during the hearings which were conducted in the course of its 1971 visit to Africa, the beneficiaries of the scheme generally praised the Council for its efforts in this field. -8. ~ase Lrs IV. ASSISTANCE PROGRAMMES FOR NAMIBIANS A. Education and trainin~ programme le .ty 41. By its resolution 2679 (XXV), the General Assembly decided to establish a United Nations Fund for Namibia, which, among other things, would finance a comprehensive educational and training programme for Namibians, with particular regard to their future administrative responsibilities in the Territory. The AssemblyV s decision to establish such a Fund was taken after considering a request the made by the Security Council in its resolution 283 (1970). 42. Pending the creation of the Fund~ the General Assembly, ln paragraph 6 of resolution 2679 (XXV), authorized the Secretary-General to make interim grants the from the regular budget of the United Nations for 1971, not exceeding a total amount of $50,000 over and above the assistance provided at present, in order to enable the existing United Nations programmes to provide greater assistance to Namibians. After consultation with the Chairmen of the Advisory Committee on the United Nations . Education and Training Programme for Southern Africa and of the Committee of J Trustees of the United Nations Trust Fund for South Africa, as well as the United Nations High Commissioner for Refugees, the Secretary-General allocated a total of $30,000 to the Programme, $15,000 to UNHCR and $5,000 to the United Nations Trust Fund for South Africa. 43.· In view of the General AssemblyV s decision to establish a trunt fund, the Council, which has a special responsibility in this matter, decided to take the opportunity of its 1971 visit to Africa to rally support for the Fund and to hold consultations with Namibian students concerning their future educational needs. Discussions were accordingly held with members of the Governments of all countries ~ion visited, the representatives of UNHCR in Lusaka, Nairobi and Addis Ababa, the ~h regional representative of the office of the United Nations Commissioner for Namibia in Lusaka, OAU representatives of SWAp,O, as well as the representative of L Namibian students in Kenya and a Namibian student in Nigeria. L 44. As in the past years, the information received by the Council indicated a lts great need for increased educational opportunities for Namibians outside the Territory. Specific problems included the poor educational background of Namibian students, owing to the deficient system within the Territory, the lack of adequate scholarships, the problem of over-age students, and vocational and technical training. r, 45. The repre3entative of the Namibian students in Kenya appealed urgently to the Council to find ways and means to supplement the assistance they were receiving from the Kenyan Government. Among other thinp,s, he proposed: (a) that a special ica, educational and training programme for Namibians be established under the Council's 1 direct control and financed from the regular United Nations budget; (b) that a Namibian educational and training institute, preferably in the Republic of Botswana, be created; and (c) that the present system of scholarship award should be long-term and optional as far as possible. 46. The representative of SWAPO in Lusaka said that vocational a.nd trade schooling was what was most needed, as many of the refugees were not qualified for secondary and academic studies. For those who had academic aptitude the Zambian Government should either admit them to special classes or 100Jer admission standards. ; -9- ~-"~--"-"--"'''"''-"::'~~.... ··"2~"!1~')4'?:il~".".'_::~:~~==~~~~_'~-~~'~:~~~""" ...,-~_ .. _.....-..~...=-= ... :.:~=:=~~== __~=::==.==.:--::=::=:.:~::=::':=";~2.=~::;~f~"'~'~''i'l_~;~:''1i~~~!_~:~~. '!==~!~__~~;~~~~~~","'""-!!~~~_!"~' ~_~"~. ~~~~~_~_ ~.,",_~_~~_ ~.:.~~..:..,. ~~•••• '~t.t.:-_:.,_III:£JE'__:.:•••"•.•;.: S_._;•..•::__.".2t., .,.. ..S U£JL_I_'__'£JLJi£JL.!i.a.a;---,_ l' ;1 ,lii { iif ! nfu . ill I I: ' It 47 · The SWAPO representative in Cairo told the Council that problems included I " the over-age of Namibians~ lack of schoolin~ and language difficulties. He responded favourablJr to the possibility of a special United Nations school for Namibians. 48. The representative of the Commissioner in Lusaka, Mr. Hamdani, told the Council that it was his impression that the African Governments preferred to integrate the refugees in their own school systems and that the most appropriate solution might be subventions by the United Nations to existing national schools. I I I B. Establishment of a United Nations Fund for Namibia "~ ! 4G. By resolution 2679 (XXV) of 9 December 1970, the General Assembly, inter alia, decided to establish a comprehensive United Nations Fund for Namibia and requested the Secretary-General to report to the twenty-sixth session on the development, planning, execution and administration of a comprehensive programme of assistance to Namibians in various fields. 50. The Council has been concerned with the establishment of an independent education and training programme for Namibians since 1967 when by its resolution 2372 (XXII), the General Assembly decided that the Council should organize such a programme. Subsequently, the Council formulated various proposals for an educational fund for consideration by the General Assembly. The Council believes tha~ the appointment of a full-time Commissioner to administer the Fund on behalf of the Secretary-General would go a lon~ way towards effective administration of it. The Council is convinced that its special responsibilities to the people of Namibia and its knowledge of the Territory justify if active participation in the preparation of programmes affectinp Namibians and in providing advice on the administration of the Fund. V. PARTICIPATION OF THE PEOPLE OF NMlIBIA IN THE TATOTIK OF THE COUNCIL A. Consultations with Namibians 51. In its report to the General Assembly at its twenty-fifth session the Council referred to the relevant provisions of resolution 2248 (8'-V), whereby the Council was entrusted with the responsibility of administering Namibia until independence "with the maximum possible participation of the people of the Territory". Since the adoption of that resolution, the Council has been engaged in studyinF, ways and I' l'lt" J means of discharging that responsibility. It was to that end that the Council i recommended to the Assembly at its twenty-fifth session the convening of a meeting of Namibian political parties and organizations. That recommendation, however, was not adopted by the General Assembly. Since the submission of its last report, the Council has continued to give careful consideration to this matter~ in consultation w'ith representatives of all Namibian political parties, liberation movements and organizations and OAU, in the hope of implementing the provisions of resolution 2248 (S-V). 52. In the course of its visit to Africa in 1971, the Council was pleased to note that a larf.e majority of Namibians expressed. approval concerning the convening of a -10- conference on Namibia. However, they hoped that the Conference could be held follawinp, the delivery of the advisory opinion of the International Court of Justice. Furthermore, the Council has been called upon by the representatives of certain political parties and organizations to hold such a conference under its auspices. 53. The Council still sees merits in the convening of such a conference, since it considers it as a possible means of achieving a certain identity of views among the many Namibian political groupings which hold divergent ideas on such fundamental issues as to which party or organization legitimately represents the Namibian '~ people. i : ( . ! 54. Acting on the basis of its desire to create favourable conditions for the ~, I ;~ representatives of all l\Tamibian political parties and organizations to have equal ed i ! opportunity for participation in its work, the Council, during its visit to Africa and Europe this year advised Namibians of the value of co-operation with each e other and with the Council so that the objective of the United Nations regarding Namibia )~ay not be undermined. 55. Meanwhile, the Council decided that, should a conference be organized by SWAPO and should the Council be invited, it would send an observer to attend the conference. Is B. Hearing of petitioners s 56. At the ll5th meeting of the Council, on 22 September 1971, Miss Barbara Rogers made a statement in which she set forth several proposals for the Council's lng consideration. Miss Rogers felt that, "as a matter of priority", the Council should seek representation on all appropriate international bodies on behalf of Namibia. Since the Council was "legally competent to act as a Government", she said, it should enforce its authority over matters pertaining to Namibia through legal processes by instituting contentious proceedings before the International Court of JusticG against States which violate their obligations in Namibia. ~1iss Rogers also suggested that the Council request the Secretariat to remove from its register of international treaties all double taxation agreements which apply il to Namibia, and initiate intensive contact with South Africa's trading partners L and companies involved in Namibia for information on such questions as diplomatic ~ representation, export credit and trade and investment concessions. I ld f<1t ! 57. At the 116th meeting, on 23 September 1971, the Reverend G. t1ichael Scott made a statement. After reiterating certain proposals which had been set forth by 19 Miss Rogers, he suggested that so long as South Africa remains in illegal '(~ . occupation of Namibia, steps should be taken to ensure that it enters into no more J, international treaties or arrangements in the name of or affecting the Territory; and that measures should be taken to exploit the Territory's natural resources for the benefit and welfare of the people of Namibia. 58. The Council has noted with interest the proposals put forward by Hiss Rogers and Reverend Scott and will give them careful consideration in planning its future ;e course of action. :' a -11- . - .. ' .. • i::!'~ 'L-.o... __ • I !dL a j" 5 it: ;L il Sk 4&~ I VI. RELATIONS WITH OTHER ORGANB A. The .ioint meeting 59. In compliance with the provisions of paragraph 11 of General Assembly resolution 2671 F (XXV) of 8 December 1970, the Secretary-General convened, on 3 May 1971 at United Nations Headquarters 7 the joint meeting of the Special Committee on Apartheid, the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, and the United Nations Council for Namibia. The three organs ",ere to "consider the interrelationships of the problems of southern Africa and to , propose measures for greater co-ordination and more effective action", so that I i they could take the results of the meetings into account in their programmes of I ; work. There were two sessions of the joint meeting - the first was held between 3 and 5 May and the second between 23 August and 13 September 1971. At the last ~ meeting of the second session, on 13 September, the joint meeting adopted a consensus the text of which was transmitted to the Secretary-General and produced as a General Assembly document (A/8388). 60. In the course of the two sessions of the joint meeting, a number of proposals and suggestions were submitted for consideration; they formed the basis of the above-mentioned consensus. 61. Before the adoption of the consensus, members of the Council participating in the debate were unanimous in stating ~hat the Council would be prepared to agree to proposals for co-operation among the three bodies and co-ordination of their activities; the holding of joint meetings of appropriate bodies dealing with the problems of southern Africa during the sessions of the General Assembly; and information and publicity campaign; and the creation of a co-ordinated Secretariat unit to service the three organs. But, they maintained, the Council could not agree to the proposals which called for the creation of a single organ dealing with the problems of southern Africa, and the rotation of membership of the three bodies, in view of the special responsibilities entrusted to the Council for the administration of the Territory - responsibilities which the Council could not share with the other two organs. As will be noted in its final text the consensus reflected the views of members of the Council. 62. Believing in the value of co-operation among and co-ordination of activities of of the three organs dealing with the problems of southern Africa, the Council is ready to participate in and contribute to the success of any further sessions of I the joint meeting which may be held in the future. I: f B. Organization of African Unity J 63. In paragraph 13 of resolution 2678 (XXV) of 9 December 1970, the General Assembly requested the Council to perform the functions entrusted to it by previous ] Assembly resolutions, including consultation with the representatives of the Namibians and OAU. The Council has accordingly sought every available opportunity to promote closer co-operation with OAU. At its 98th meeting, on 22 January, the Council approved the designation of NIr. Sarn Nujoma as the representative of the people of Namibia to attend the meetings of the Economic Commission for Africa held in Tunis from 8 to 13 February 1971. The Council's designation was based on the recommendation of OAU. 64. During the Council's visit to Africa in 1971, at the invitation of the Secretary-General of OAU, the President of the Council led a delegation of the Council to the OAU's ministerial meeting, held in Addis Ababa in June, and addressed the political committee of the OAU Council of Hinisters on the question of Namibia. The President strongly appealed~to States members of OAU to participate in the fund for education and training for Namibians. He stressed the need for closer co-operation between the Council and OAU through which m11tual advantages he could be achieved. rgans 65. With a view to bringing about greater co-operation and co-ordination of to activities with OAU, the Council has decided to have the representatives of that organization more closely associated with its work. In line with this decision, the Council plans to ensure more frequent and regular participation in its meetings n by the organization's representative accredited to the United Nations. t 66. At its l06th meeting, on 9 July 1971, the Council welcomed Mr. Abu Eisa, ed Minister for Foreign Affairs of the Sudan and President of the OAU's Council of Ministers, as well as Mr. Sahnoun, Assistant Secretary-General of OAU. The two officials reported to the Council on the decisions taken by the OKa's Assembly of als Heads of State and Government held at Addis Ababa in June 1971, and sought information concerning the steps which the Council proposed to take on the question of Namibia in the light of the advisory opinion of the International Court of Justice. Lgree VII. PUBLICITY le 67. Recognizing the importance of publicity as e means by '~hich the United Nations ~iat can, inter alia, expose the violation of human rights in the Territory and to a achieve wider understanding of the Council's work regarding Namibia, tJle Council with approved, during the :period under review, the following recommendations ef its Standing Committee I: (a) Publication of a special issue of Ob.iective: J'ustice, a quarterly issued lSUS by the Office of Public Information covering United Nations activity against apartheid, racial discrimination and COlonialism, emphasizing such questions as the extent of South Africa's exploitation of Namibia, extension of the policy of ies of apartheid to the Territory, and acts of repression; is Df (b) Issuance of a special series of United Nations stamps, featuring Namibia, which would be valuable not only from a publicity standpoint but also as a source of revenue for the Organization; (c) Publicizing the documents prepared by the Council and production of a documentary film by the Office of Public Information on United Nations activities relating to Namibia. vious 68. In pursuance of the above-mentioned recommendations, suggestions have been made by members that: (a) The Council should establish a small working group on publicity to counteract South African propaganda; -13- .2$2i4 $ #.L [ . di£&_i: . Si:sa La 2id $ l$ , . ..: 4~ I ! I responsible for the I (b) The regional office of the Commissioner at Lusaka responsibilities such as issuance of travel documents should be given additional about the Council; the collection and dissemination of information for and Office of Public (c) The proposed documentary film to be produced by the Nations information Information on Namibia could be distributed to all United to commercial television centres, made available to academic institutions and sold stations. of Guyana in the 69. During the period covered by this report~ the representative "Namibia, Change and Council, Mr. D.E. Pollard~ published an article entitled Ob.; ective: Justice. The Response" in volume 3, number 2, of the 1971 issue of the Council at a seminar representative of Nigeria, ~ir. o. Adeniji, represented the Council was invited. organized by the Harvard International Law Club to which ~ld of the Council. He made a statement regarding the role activities issuance of special 70. In pursuance of the Council's decision concerning the of Trusteeship and stamps, the Under-Secretary-General of the Department dated 4 June 1971, to the Non-Self-Governing Territories addressed a memorandum, requesting him to advise Assistant Secretary-General~ Office of General Services, proposed to take in as to what steps the United Nations Postal Administration putting the Council's decision into effect. Secretary-General stated 71. In a memorandum dated 22 June 1971, the Assistant involve conflict with the that the implementation of the Council's decision would sUbjects for United Nations established policy of the United Nations in selecting the Postal Administrntion stamps" He suggested, however, that as an alternative, the case for N8Dibia. could arrange for a postal neter cancellation pUblicizing used on mail eLlanating This could be arranged \ITi thin 6 to 8 months and 1-rould be from Headquarters and Geneva. the Council proposed to 72 •. Having taken note of the above-mentioned memoranda, of special stamps the matter further, believing strongly that the issuance pursue 67 (b) above. would be a useful contribution to the aims stated in paragraph ---~"4~.J.J., ,I ------ II I, PART TWO SITUATION IN THE TERRITORY I. LEGAL QUESTIONS i i 73. Under paragraph 9 of General Assembly resolution 2288 (XXII), the United I~ Nations Council for Namibia was requested to "take urgent and effective measures I to put an end to laws and practices established in the Territory of South West Africa by the Government of South Africa contrary to the purposes and principles \ of the Charter". ~ 74. As reported previously~ the Acting Commissioner is preparing, at the request of the Council~ a digest and review of such laws to enable the Council to evaluate the nature and scope of the problems posed by the Assembly's request and to determine how best to implement it. e 75. The previous report of the Council laid down the criteria by which the scope of the study was limited in order to reduce it to manageable proportions and to enable the Council to concentrate on those laws which are most blatantly and l totally repugnant to the spirit and letter of the Charter: (a) so-called le constitutional laws, which establish the fundamental relationships between Namibia and South Africa, create the governmental structure of Namibia, and IS define citizenship~ the franchise, etc.; (b) repressive laws, which deprive the )n inhabitants of Namibia of their fundamental rights; and (c) laws repugnant to the Charter by reason of provisions which, either explicitly or implicitly, impose or sanction racial discrimination. o 76. As a consequence of the advisory opinion on Namibia of the International ps Court, the study will, of course 3 cover other laws and practices which may come within the ambit of the Court's opinion. 77. An interim report made this year to the Council lists all South African statutes (then numbering 103) purportedly applied to Namibia by South African Parliament since the adoption of General Assembly resolution 2145 (XXI), which terminated South Africa's ~andate. The list will be supplemented by legislation purportedly applied to the.Territory by the 1971 Parliament. 10/ A. Recent legislative developments affecting Namibia - background 78. In 1963 the so-called Odendaal report laid the broad ideological and schematic groundwork for the development of South Africa's Mandate at that time, South West Africa. However, no substantial legislative action was taken to implement the report for several years after its publication and acceptance in princlple by the Government. As late as 1968, the new constitution which 10/ See annex 11. -15- .._-- ...... a.:s....iilI!.t!!!l.. .-:'JI...' •••ZIIIIi£I••••2i __.::_••• :.4622.& .,••4 " __'6'- __••••"_2.'_, :::q.... ,I ( I, I Parlianent purported to enact for Namibia (South-West Africa Constitution Act, No. 3~ of 1968) amounted to a mere consolidation of existing laws. 79. Later that same year~ however, Parliament enacted the Development of Self-Government for Native Nations in South-West Africa Act, No. 54 of 1968~ which purported to bring the internal structure of Namibia into line with the Odendaal recommendations by dividing the entire Territory into mutually exclusive and (allegedly) potentially autonomous "homelands" for the "native nations" of Namibia. The physical boundaries of the newly established homelands corresponded in a general way to those of the former native reserves, which the homelands, as an institution~ were designed to supersede. 80. Although the Native Nations Act did not in terms pretend to amend the Constitution Act (which Parliament had passed just a short while before), its effect was to amend it by purportedly reducing drastically the area of jurisdiction of the Windhoek Government. Where previously that Government had, at least nominally, 11/ legislated for and administered the entire Territory, the Native Nations Act purported to restrict its jurisdiction to the "white" area and to sojourners (of whatever colour) therein, 81. The Native Nations Act was followed, a year later, by the South-West Africa Affairs Act, No. 25 of 1969~ ¥hich attempted to alt,~r radically Namibia's external relations with the Republic, bringing them into conformity with the Odendaal scheme. These purported changes were achieved in considerable part by purported formal ame-.d.ment of the 1968' Constitution, but some were not purportedly inccrporatcd into that statute. 82. The 1969 act purported to alter the division of legislative and administrative powers between the Territory and the Republic, depriving the Windhoek Government already purportedly reduced in geographical competence by the Native Nations Act - of its quasi-internally-self-governing status. Territorial legislative and admin;strative authorities were reported to be forbidden to act on 25 broad categori~' 'f subjects - running alphabetically from adoption through welfare which previously had been within their competence; control over those subjects was purportedly transferred to Parliament, the State President, and the cabinet. 12/ 83. The 1969 act also purported to modify the financial relations between tbe Territory and the Republic in order to compensate the Republic for the increased administrative workload it assumed under, and to compensate the Territory for the loss of sources of revenue entailed by, the legislative and administrative ilrearrangements" purportedly effected by the act. 13/ The fiscal consequences for Namibia of those "rearrangements" are that they have effectively aborted 11/ As a practical matter, the jurisdiction of the Windhoek Government over the native reserves had existed only on paper since the enactment of the South-West Africa Bantu Affairs Act, No. 65 of 1954; Union Proclamation No. 147 of 1939 had previously transferred control of the Eastern Ceprivi Zipfel to Pretoria. 12/ See Act No. 25 of 1969, sections 14 (purporting to amend section 22 (1) of th;-Constituticn Act), 19, 20 and 21. 13/ See section 22. JaM di I , a.AS! Q ss 2 £ it '" 11',ptUJ ISt- ! the development of the TerritoryW s quasi-autonomous economy, which was poised for ll Htake-off , and they have integrated it into the South African economy, thereby reducing Namibia economically to the status of a fifth province. 84. Since the enactment of the 1969 South-West Africa Affairs Act~ Parliament, which previously applied a relatively small number of South African statutes to re the Territor/, has declared more and more legislation purportedly applicable to Namibia, fr,~quently pretending to replace local ordinances in the process. It ~d has also replaced, de facto, a number of Namibian agencies and institutions cy, or merged them into, South African counterparts. The Counci1 9 s report for 1970 14/ ,I examined various formulae by which the legislative and administrative takeover \ was accomplished and indicated that the practical effect would be to reduce the 9 J Territory s status to that of a province. j .~ B. The 1970-1971 developments ry, 85. The process of reducing.Namibia functionally to a fifth province has continued. Parliament has purported to make much new or existing legislation in diverse fields from censorship to social welfare - specifically applicable to Namibia. 15/ 86. In addition, South African laws have been purportedly applied to Namibia by proclamation of the State President acting under section 20 (1) of the South-West Africa Affairs Act of 1969. This section pretends to empower him to extend the application of any South African law (except one relating to a subject over which t~e Winchoek Legislative Assembly retains jurisdiction) to ~ive Namibia, and also to empower him to repeal or amend any such law which was In j - force in the Territory. It would appear that the proclamations under this section have been issued primarily in relation to matters as to which the South African Government was at the moment unwilling or unable to abolish the entire related corpus of territorial legislation. Thus, the section has enabled the Government to purport to act in piecemeal fashion, bringing only certain portions of territorial law into line v~ith South African law and . 12/ practice at anyone time. Section 20 (1) proclamations have been noted in connexion with the highly regulated dairy and fishing industries, frequently purporting to govern details which, it would seem, in other circumstances might 1 have been handled by some form of SUb-legislation. 87. Since the State President is claimed to have virtually identical power to legislate for Namibia by proclamation under section 38 of the 1968 Constitutions, it is not clear why the 1969 Act included section 20 (1) nor why, having 14/ Official Records of the General Assembly, Twenty-fifth Session, Supplement No. 24, (A/8024), paras. 101-103. 15/ See Publications and Entertainments Amendment Act, No. 32 of 1971, section~ 1 (b), 11; Disability Grants Amendment Act, No. 17 of 1971, 1) section 1 (c), (d), 5; and Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, No. 41 of 1971, sections 1 (xxvii), (xxxiv), 64. 4 tj t56 IJ j j ; a:: 22 6t ; . Li IS I : . a 4~ I seemingly duplicative power to the State President:) purportedly granted this 1971. I 2C (5» for its expiration on 30 June I Parliament should provide (in section I Territory prior to that If the legislation applied by the State President to the not~ affected by the valid, its sUbsequent validity would of course, be date were Now that of his executive law-making power under section 20 (1). expiration pretend to section 20 (1) has expired, the State President may nevertheless Il. African legislation to Namibia under the authority of l' continue to apply South " section 38 of the Constitution. /·1 is the decision of The most significant legislative development of the year 88. those portions which the South African Government to draft legislation so that which discriminate apply to Namibia do not contain on their face provisions this development began, according to race. Government spokesmen declared that the Births, Marriages and and was accepted in principle, when Parliament enacted Amendment Act, No. 58 of 1970; the amending Act, while Deaths Registration that certain to apply the principal Act generally to Namibia, provided purporting should not apply sections thereof, viz., those containing racial classifications, !6/ Nevertheless, it is quite apparent that few M.P.s or members to the Territory. intended to remove of the general public were aware last y~ar that the Government legislation a~plied to discriminatory provisions from much, if not all, of the Namibia. session indicate 89. Parliamentary debates on this development during the 1971 order to placate or that the Government decided on this course of action in an advisory opinion o~ mislead world opinion. In particular, the request for Afri~a not seem to be applying Namibia had made it important that South should its "internal policy" to its former Mandate. 17/ policy makes it A close look at the legislation thus far affected by this 90. and not of sUbstance. clear, however, that the change is one of appearance only that existing distinctions Government spokesmen have indicated, at least tacitly, the apparent change in b~tween whites and non-whites can be preserved despite continuation of policy. Types of provisions which can in fact make the discriminating include: discrimination possible or obligatory without apparently a new section 16/ See Act No. 58 of 1970, section 46, purporting to insert No. 81 of 1963, 51 A in the Births, Marriages and Deaths Registration Act, Debates, 18 March 1971, and discussion thereof in South Africa House of Assembly cols. 3077, 3082. col. 2439; 17/ See South Africa House of Assembly Debates, 10 March 1971, 18 March 1971, col. 3080. .' _. -18- ~iI!il . H£ £J is Ai JU !tu I ! \ I (a) A "grandfather clause" i.e., one which provides that persons who did 1. I not qualify under earlier (discriminatory) legislation are barred from benefits 1 new~ t I or rights under apparently non-discriminatory, legislation; 18/ he 1 1 ,, (b) Insertion in regulations issued under a statute of the discriminatory provisions removed from the body of the statute; ~.9/ (c) A provision permitting different treatment for different, otherwise (\ unspecified Hgroups", a term which the Deputy Minister of the Interior admitted I was broad enough to include racial groups; ?O/ ! (d) Referenqe to specific population groups (e.g. Nama, Herero, etc.) or to "population groupstl generally (rather than to whites, coloureds, Indians and ld Africans or to whites and non-whites) in the body of the legislation. 21/ tin 91. Now that the International Court of Justice has handed d01Vll its advisory )ly opinion, it remains to be seen whether the Government of the Republic will attempt nbers to continue this transparent sUbterfuge, which must be administratively as well )ve a.s politically embarrassing. 22/ C. Representation of Namibia in international affairs e 92. Since the adoption of resolution 2145 (XXI), South Africa has purported not only to legislate for Namibia but also to continue to represent it in international affairs. Such representation has in some cases been overt, as in bilateral treaties negotiated since October 1966 in which the Republic has been defined to include the Territory or in which a provision specifically stated that it c~vered Namibia. ons le: 18/ E.g., the proviso to paragraph (d) of section 1 of the War Veterans' Pensions Amendment Act~ No. 15 of 1971. Section 1 (a) purports to delete the words "White person, Coloured person, Chinese or Indian" from the definition in section 1 of the principal act of veterans who are entitled to pensions, thereby apparently making Africans eligible; but the proviso to paragraph (d) purportedly limits the definition to persons who qualified under the prior law, which of course included the limitation to whites, coloureds, Chinese and Indians. See South Africa House of Assembly Debates, 5 March 1971, cols. 2109-10, discussing the definition. 19/ See, e.g., South Africa House of Assembly Debates, 4 March 1971, ion col. 2022 (Minister of Social Welfare and Pensions discussing the Aged Persons Amendment Bill, enacted as Act No. 14 of 1971). 71, 20/ See South Africa House of Assembly Debates, 22 March 1971, cOls.:3284-85; also 10 March 1971, col. 2434. 9; 21/ See South Africa House of Assembly Debates, 4 March 1971, col. 2022. 22/ See South Africa House of Assembly Debates, 18 March 1971, cols. 3076-82, ~assim, discussing clause 11 of the Publications and Entertainments Amendments Bill, enacted as Act No. 32 of 1971. purporting to 93. More frequentlY9 however, South Africa, without specifically of the Territory by represent Namibia~ has achieved de facto representation legislation applying (or purporting to apply) to Namibia. virtue of its domestic in disturbing example of such de facto representation is found A particularly in the with the Convention on the Conservation of Living Resources connexion of the Atlantic, sponsored by the Food and Agriculture Organization Southeast which was signed United Nations, and dated 23 October 1969. This Convention, of GermanY9 Italy, Japan, Portugal, ij in Home by Belgium, Cuba, the Federal Republic { will come into effect when ratified by I' South Africa, Spain and the Soviet Union9 I in the Southeast Atlantic at lea,st four States having a specified aggregate catch South Af\~':"ica and Japan 0 area for the year 1968. ' It has been ratified by Portugal, .~ is cCJvered ,de facto by Although Namibia is not mentioned in the Convention, it that South Africavs it through South Africa's ratification owing to the fact waters to include ~ Territorial Waters Act 23/ defines the Republic's territorial • the Cape of Good Hope to the Angolan 11 all coastal waters from Mozambique around n all territorial waters of Namibia. I' border, which, of course, includes 11 Namibia de facto in 94. It is probable that South Africa similarly represents conventions and will I respect of the subject matter of many other multilateral 11 is sUbstituted for the Republic If continue to do so unless the Council for Namibia is concerned and is in appropriate existing Conventions in so far as Namibia conventions directly allowed to negotiate, sign and ratify future multilateral I Territory. 11 or indirectly affecting the 1/ oplnlon of the International I D. Effect on Council activities of the Court of Justice I that South African presence j 95. The advisory oplnlon of the Court" 24/ whiah holds the President of the in Namibia is illegal, compels the conclusion set out by Council that the United Council for Namibia at the 1584th meeting of the Security the Territory and that Nations is the only entity which can lawfully administer United Nations, is the the Council for Namibia, created to act on behalf of the (interim) de .iure Government of Namibia. to exercise, vis-a-vis 96. It follows that the Council for Namibia should be able lawfully exercised the Territory, all. powers which the Republic of South Africa with its Mandate before the adoption of General Assembly in acoordance legislate 2145 (XXI). In particular, the Council should be able to resolution The General for Namibia and to represent it in international organizations. authc~ity relation to the Council Assembly retains, of course, the supervisory in to South Africa while which the Court found that it rightfully had in relation and the Council the Mandate continued; and the authority of both the Assembly lapses when Namibia attains its independence. 25/ 23/ Act No. 87 of 1963. of South Africa 24/ Legal Consequences for States of the Continued Presence Council resolution in Namibia (South West Africa) 4ctwithstandlng. Security 1971, p. 16, 276 (1970)~ Advisory Opinion of 21 June 1971. I.C.J. Reports paras. 129-131. 25/ See Gene~al Assembly resolution 2248 (S-V). , .. .._ :,._, _--..-,''''''~-=~?:!~.' 97. The Court's ruling that the acts of the South African Government taken on behalf of or concerning Namibia are invalid inescapably leads to the conclusion that all legislation purportedly applied by the South African Government to Namibia since October 1966 is invalid under international law and remains without legal effect in the Territory. In effect, such Hlaws " are, in relation to Namibia, void ab initio. ~l, 98. Under the terms of the Court's 0plnlon, therefore, such legislation is not f legally binding on Namibians and cannot be repealed since as a matter of law there ie is nothing to repeal. This obviously also applies to sub-legislation issued under ano parliamentary authority, as well as to ordinances adopted by the Legislative Assembly in Windhoek and to enactments of' the iYhomeland" legislative bodies, if dated after the adoption of resolution 2145 (XXI) • • ~he 99. Court has J however, indicated that this general rule is sUbject to another principle of international law, to wit, that the non-recognition of South Africais presence in the Territory should not result in depriving the people of Namibia of any advantages to be derived from international co-operation. In particular, the Court held that the principle of the invalidity of official .c acts performed by the Government of SOUtll Africa on behalf of or concerning Namibia after the termination of the Mandate should not extend to those actr which could be ignored only to the detriment of the inhabitants of the Territory. 26/ 100. While the Council's function under paragraph 9 of General Assembly resolution 2288 (XXII) is to Vlput an end to" laws and practices contrary to the Charter, the Court's opinion as interpreted above would indicate that there 3ence are in legal contemplation no post-mandate laws as to which the Council can exercise its functions as originally envisioned. Since, however, as a practical ted matter, legislation purportedly applied to Namibia is frequently treated as if t valid, it follows that the Council's function under the above-mentioned resolution must be construed as preventing the implementation of such laws by South Africa and as ensuring that such laws are not tre~ted by other Governments or private persons a.s if they were valid and sUbsisting. 27/ -vis d '101. It should be added that the Court's opinion does not cover the question of the validity of laws applied to the Territory before termination of the mandate. 28/ They are therefore subject to formal repeal, amendment, or confirmation, depending on their subject-matter and conformity to the purposes and principles of the Charter. lcil The Council retains responsibility as to such laws under resolution 2288 (XXII). 26/ The Court adduces as an example, but not by way of limitati.~, the validity of birth, death and marriage certificates issued by the South African authorities to Namibians. 27/ Unless their non-recognition would be to the detriment of the inhabitants rica- of the Territory. 28/ With the possible exception of the laws and decrees indirectly referred to in paragraph 129 of the Court's opinion. -21- t £ 2U. a \A~.1i "d •• $ LLq~ I j , : , 1 11. ACTIVITIES OF THE LIBERATION MOVEMENT ; to South Africa's 102. Since 1966 there has been continuing armed resistance by the forces of the Namibian national liberation movement illegal occupation to have repeated denials by South Africa. The Council has continued despite situation difficulties in obtaining first-hand information on the considerable of any news owing in part to South Africa's strict control and censorship and partly to the concerning its military and police operations in Namibia leaders to publicize understandable reluctance by the liberation movementts enough information information which might. be used by South Africa. However, the struggle within has trickled through South African control to confirm that led to an intensification the Territory for freedom is continuing and that it has of repressive measures by the South African authorities. the Namibians and 103. According to available information, hostilities between mainly in the Caprivi the South African police and army continued to take place Strip as well as other areas. has communique issued on 19 May 1971 claimed that South Africa 104. A SWAPO and Libele), casualties on 2, 16,and 19 April in Caprivi (between Kongola suffered airbase at Okavango region and a few miles from the main South African in the officers Katima Mulilo in Caprivi, where four officers and two non-commissioned have been killed. The (including the colonel commanding the base) were said to as a scene of communique also singled out the Grootfontein-Runtu highway ambushes and attacks. that 15 South 105. In a communique issued on 26 May in Lusaka, SWAPO stated between Mpatcha military African soldiers were killed by a land mine on the road stated that two base and Singalamwe. A South African Government announcement for Police, policemen had been killed and seven wounded. The Minister was '''not the first incident Mr. I. Muller, admitted that the 21 May mine attack of this sort of thing". African 5 October 1971 Prime Minister Vorster announced that a South 106. On injured had been killed and four police constables had been seriously officer Strip. mine explosions while they were on patrol in the Caprivi in land area according to press reports land mine explosions in the Furthermore, the on the following two days. In connexion with these incidents, occurred the I1terrorists lY Prime Minister said he had cl'dered military forces to pursue by South African who had carried out these acts. This led to armed incursions integrity of a sovereign armed forces into Zambia, thus violating the territorial State. to above can be 107. Obviously, unfortunate incidents such as those referred the Territory. However, avoided if South Africa ends its illegal occupation of the Council urges all since South Africa continues to defy the United Nations, and material States and specialized agencies to provide increased moral the illegal assistance to the people of Namibia in their struggle against South African occupation. , -22·. .... ~··_·······~··~··-=~~..,..,=·'"",-~~~4~ Ill. SOUTH AFRICA'S MILITARY ACTIVITIES 108. The Government of South Africa has further intensified its repression of the Namibian people and its suppression of the legitimate struggle of the liberation movement~ The total strength of South Africa's armed forces is about 44,000, not counting some 90,000 men in para-military and police forces. Of these, nearly 17,000 are stationed in Namibia. Aircraft of various types and origin are based at three airstrips: Katima Mulilo (Caprivi Strip), Runtu and Ondangwa. Bombing raids and air attacks have been conducted against villages and forest areas where the presence of guerrillas has been suspected. A military base was reported to have been constructed at the eastern end of the Caprivi Strip across the border from ·the Zambian village of Sesheke . .on 109. Caprivi Strip is completely closed off and constantly patrolled by South African military forces, equipped with fast river launches and supported by planes and helicopters. L 110. South Africa has intensified its collaboration with Portugal and the illegal regime in southern RhodesIa by extending further military assistance to these Le) , regimes. South African police units have worked with the Rhodesians aiming mainly at the interception of African freedom-fighters on their way to South Africa. The s three have, in collusion with one another, stepped up their military co-operation e and operations against the people who are struggling to assert their legitimate right to freedom and independence. The resultant situation continues to thre~ten the peace and security of neighbouring independent African States. Ill. One of the manifestations of this co-operation is the fact that Portuguese :ry troops are treated at the South African Government hospitals at Oshakati and other areas. 112. It may be recalled that the arms embargo against South Africa was instituted by the Security Council in resolution 181 (1963) which, together with resolutions 182 (1963) '. and 191 (1964), was rea,ffirmed in resolution 282 (1970) of 23 July 1970. In July 1970, the Security Council took up the issue once again in view of the declared intention of the Government of the United Kingdom of Great Britain and Northern Ireland to resume supply of certain types of military equipment to South Africa (see paragraph 115 below), as well as reports concerning the I continued supply of military equipment by other States to South Africa. ~ontinued n 113. Canada, which reportedly had to supply vehicles, equipment and eign spare parts, announced in November 1970 that it would prohibit the export of such materials to South Africa. The Times of London reported that the Federal Republic of Germany was providing assistance to South Africa to develop its first rocket. France, having proclaimed a distinction between arms for internal repression and r, those for external defence, was for a number of years selling to South Africa .1 SUbmarines, aircraft, helicopters, air-defence systems, tanks, artillery, etc., and gave licences for the production of Mirage III and F-l aircraft in South Africa. The latest developments in this respect were reported to have taken place after the adoption of Security Council resolution 282 (1970). 114. New Zealand sold to South Africa a number of "AirtourerH light aircraft, suitable for counter-insurgency operations. In November 1970, considerable amounts of arms had been sold by Swiss firms, including anti-aircraft cannons Ut 1111 1 11 sa U 15 1 .,. : 1 : i I i i firms in the United and ammunition. Various types of arms were also sold by ! j!, produced ," at present being Kingdom and by Israel. The Israeli Uzi submarine gun is that the Israelis had made .I! in South Africa under licence; the press also reported engine. UDited States available to South Africa blueprints of the Mirage fighter commercial airL~aft with firms were reported to be supplying, among other items, I 29/ f military potential to South Africa. ! its decision to licence 115. On 22 February 1971~ the British Government announced three anti-submarine the export to South Africa of Wasp helicopters to equip and to continue the frigates already supplied under the Simonstown Agreement practice of licensing the export of certain spare parts. a statement on 1 March 1971, 116. In this connexion, the Council for Namibia issued be contrary to the expressing regret regarding the decision it believed to for the arms embargo against provisions of the Security Council resolutions calling the concern of the South Africa. These resolutions~ the Council said, reflected and ammunition supplied to great majority of United Nations Members that any arms of aparthci~~ and minority South Africa would be used for perpetuating its policy carried out the same rule. The Council shared that concern since South Africa statement concluded by policies of apartheid and minority rule in Namibia. The which strengthen the expressing the Council's conviction "that any measures South Africa in its South African police and armed forces will inevitably aid and independence". suppression of the Namibian people's struggle for freedom APARTHEID IV. CONTINUATION OF THE SOUTH AFRICAN POLICY OF EXTENDING TO THE TERRITORY AND OF MEASURES AIMED AT ITS FRAGtffiNTATION AND ANNEXATION policy regarding Namibia 117. There has been no apparent change in South Africa's Assembly. since the Council submitted its last report to the General and the Security Council 118. Despite the repeated demands of the General Assembly of South Africa has to withdraw immediately from the Territory, the Government persisted in the application not only continued its illegal occupation but has also measures, designed to of the condemned policies of apartheid and other repressive and to consolidate South destroy the unity and territorial integrity of Namibia towards the Africa's hold over the Territory. Further steps were taken following the passage establishment of the so-called homelands for ethnic groups Nations in South West in 1968 of the Development of Self-Government for Native African Government to Africa Act. Additional measures were taken by the South exercised by territorial transfer to South Africa powers and functions formerly Act, 1969, in effect bodies in accordance with the South West Africa Affairs of the provinces of redu~ing the territorial liauthorities" to a level of one South Africa. policy of Africa has continued to pursue within the Territory its 119. South in defiance of implementing the recoDlli1endations of the 1964 Odendaal Commission, and Add.l, 2 and 3, 29/ For further details, see documents A/AC.115/L.285 and 8/10354 and S/10190. L i I~itttt il . I $ I I I I United Nations decisions, and has even adopted additional measures aimed at further lced restriction of social and political rights of Namibians. Resistance to the policy if :t.de I of forced resettlements of Namibians in "homelands , strikes, as well as the tes \ armed struggle in some parts of the Territory have continued. The Government of 1 th South Africa has continued its illegal application to Namibia of the South African 1 i Terrorism Act, 1967,30/ and the Council is p,reatly distressed by the Government's 1 inhuman treatment of prisoners in the Territory. ence 1200 III April 1970, it was reported that the transfer to the Government of South Africa of 22 departments, formerly the responsibility of the territorial administration, had been completed. Mr. Dick Mudge, a member of the so-called Executive Committee of South West Africa, was reported to have stated in this 1971, connexion: "We have declared it before the world that we are a part of the Republic of South Africa for all practical purposes. We are looking forward to ;ainst the day of total incorporation. 1f ;he L to 121. The Senate of South Africa, on 28 July 1970, approved a bill deleting from .ty the South African Supreme Court Act a passage requiring that the appointment of a judge of the IiSouth West Africa Division" be referred to the 17Administrator" of the Territory. Under this Act, matters which had previously been referred to the Administrator of the Territory would henceforth be referred to the Minister of Justice of South Africa. The same Act repealed two other provisions, one authorizing the payment from the Territory's revenues all expenditure in connexion with the "South West Africa Division", and the other relating to a separate oath that a judge would exercise the responsibility of his office in accordance with the laws and customs of the Territory. On 31 July 1970, a bill was introduced in the South African Parliament to make the terms of the Bantu Education Act and the Bantu Special Education Act of South Africa applicable to Namibia. According to the Deputy Minister of Bantu Education, the bill was mainly aimed at placing ibia African education in the Territory under the same legislation as that applicable to African education in South Africa. uncil 122. Another bill, introduced in the South African Parliament on 31 July 1970, ,s provided for making the terms of the South African Agricultural Credit Act of cation 1966 applicable to Namibia. It was also expected that the South African Soil :d to Conservation Act would be applied to the Territory during the year. lth 1239 On 30 JU~7 1970, the Minister of Interior introduced in the South African Parliament a bill providing for the consolidation of identity documents for the Territory's inhabitants. The identity cards would indicate to which population ~o group the holder of the card belonged. ~al 124. In January 1970, it was disclosed that an ordinance pertaining to Katutura prohibited wives from residing with their husbands unless the husbands were born in Windhoek or had lived on the location with permanent employment for 10 years, or unless the wives themselves were Windhoek residents. Other local ordinances prohibited the use of certain beaches by Africans. = of' 30/ See Official Records of the General Assembly~ Twenty-fifth Session, 3, Supplement No. 24 (A/8024); ibid., Twenty-fourth Session, Supplement No. 23 (A!7623/Rev.l); and document A/8423/Add.3, part I. ------.-..~----=---~._-- ...... I1 _11 JI - $ II.K aal12;.:; . ? t l' ! t i I I,it i I I J ll ii 25. Further measures were adopted restricting the rights of "non-whites within 11 ,I, the urban areas and within their own townships. ThUS, since 1 January 1971, 'I '. I around 2,000 African servants in Windhoek who live in the homes where they are ;U)~' employed must receive exemption from the municipality or move to Katutura. In ! I i I case they are exempted they must be in their rooms by 9 p.m. It was also decided i l that in all future "whiteit residential areas') no Afric,an servants should be Ii allowed to live in. 126. In April 1970, regulations governing public meetings in African townships were issued by the South African Minister of Bantu Administration and Development. According to these regulations, pUblic meetings could be prohibited or discontinued by township superintendents. (For the list of the latest South African laws applied to Namibia during 1971, see annex II.) 127. The South African authorities continued their activities of putting into effect the recommendations of the 1964 Odendaal Commission which called for the partition of the Territory into at least 11 separate administrative units - a "white" area, as well as ten non-European "homelands", namely Bushmanland, Damaraland, Eastern Caprivi, Hereroland, Kaokoveld, Namaland, Okavangoland, Ovamboland, Rehoboth Gebiet and Tswanaland. Separate administration for tlcoloureds" was 'also provided 'for in the plan. 128. The recommendations of the Odendaal Commission, if fully implemented, would require the transfer of a total of 32,906,Hnon- whites" to their "homelands". The first IIhomelandil was proclaimed in October 1968 in Ovamboland. Whites are reported to have taken over the admi!listration of Ovamboland on the executive and administrative levels, removing the traditional headmen's powers. 129. During 1970, one more Vihomelandl1 was established in Kavangoland, and another was proclaimed in 1971 in Damaraland. The information regarding the contin~~tion Y of the "homelands ; policy is set out below. 31/ 130. About two thirds of all the i1non-whiteYV population outside Ovamboland are scheduled for resettlement. This applies particularly to old and ill people, who are being sent away to live in Hreservesll in conditions of poverty; old people, according to some reports, .... eceive a pension of 5 ran9-s every two months.' Such settlements are known to be established at Tses, 20 miles north of Keetmanshoop, Yl in a Nama "reserve , at Okarubayo, at Kalkrand and at some other places. 131. The South African Government has continued to acquire land from "white" owners for the purpose of creating "homelands". On 11 September 1970, the South African Prime Minister announced that, to date, the total area acquired was 3,227,390 hectares. 132. A session of the Ovamboland Legislative Council was held in March 1970, where a budget of 3.4 million rands was presented. On 17 August 1970, a "homeland" was proclaimed in Kavangolanda The Constitution of Kavangoland provided for its Legislative Council to gradually assume the legislative and administrative functions now handled by the South African Department of Bantu Adminsitration and Development, excluding matters of defence, foreign affairs, internal security, posts, power generation, transport and water. 31/ For details, see document A/8423/Add.3, part I. -26- ,,& .-==- 133. In August 1971, the South African Minister of Bantu Administration and Development and of Bantu Education, Mr. M.C. Botha, presented the Paramount Chief of the Damaras, Mr. David Groeseb, and 10 Damara headmen with lett~·rs of appointment. Thus, an interim administrative body headed by Mr. David Goreseb was formed. It d was announced that the provisional body would function until such time as it became an elected body. The letters of appointment were for a period of three years. Mr. M.C. Botha said that thereafter it would depend on the Damara electorate whether they would be returned for a five-year term of office. Lt. 134. The Hereros continued to resist resettlement from their traditional reserves med to Hereroland. In June 1970 all Hereros living in the Namaland area, numbering about 200, had been transferreQ to Hereroland. After the death of Chief Hosea Kutako, the Government of South Africa did not recognize Mr. Clemens Kapuuo as Chief-designate of the Herero nation and stated that the question of Chief KutakoYs successor remainei to be decided. At the end of the year, the Commissioner of Herero Affairs, Mr. J. Vercuiel, stated that the foundations for the ne'w development of the Herero iVnation H had been created In 1970. 135. No action appears to have been taken to prepare for the establishment of tl Kaokoland~ Tswanaland and Eastern Caprivi "homelands • Fturther steps were taken in 1970 in the development of Bushman1ar.id. A Government notice created Cl Bushmanland as a district on 31 July 1970, with Tswana named as its administrative centre. A commissioner for Bushmanland was appointed in August 1970. nd 136. March 1970 marked the beginning of operations of the Rehoboth Corporation, which was opposed by the Rehobothers from its formation in 1969. Since then, the Rehobothers have continued to express opposition to the Corporation and to .er South Africa's policies in many ways and on numerous occasions. In a statement on on 16 June 1971, the Chairman of the Baster Burgersvereniging, Mr. Allan Louw, was reported to have said that the Corporation now governed the Rehoboth, and not the traditional Basterraad (Advisory Council). It has also been reported that the Rehobothers wish to sever their ties with South Africa and establish their own rho independent state. 137. According to some reports, about 20 per cent of the Nama population has been ) , resettled in their ffhomeland"; the cnl:y- Namas who were reported to be resisting relocation were about 800 living in the Hoachanas reserve. The leader of the community, Mr. Mattheus Kooper, stated that he would resist attempts to relocate the Hoachanas people. The condition of those who have been transferred to the "homeland" appears to be poor, with people living in tin shanties on the land, which is reported to be over-grazed and denuded; and plans for a legislative council have not been implemented. il 138. The pOlicy of restricting the movement and activities of "non-whites , land" working and living in the 11 white" urban areas, was continued during the pEriod ts under review. It is recalled that the largest \fnon-white" township is Katutura, ctions on the outskirts of Windhoek. The forcible resettlement of Africans to Katutura pment, from the old African location in Windhoek was completed in 1968. Townships have also been constructed in Gobais and other places, for Africans, and at Grootfontein, Marienta1, Keetmanshoop, Swakopmund, Gobabis, Windhoek, Luderitz and Walvis Bay, for "coloureds". aUI 32 JUlU J; ... a ;$ IU : , a 22" U£ i! ; ""it I;. Et ig~ ! 1 i 1 i i ( ·1 V. SOCIO-ECONOMIC CONDITIO~8 AND ACTIVITIES OF FOREIGN ECONOMIC AND i I ,[I, OTHER INTERESTS IN NAMIBIA ! l' l ~ ! I i 1 ] j 139. During the period under review, no fundamental c'hanges seemed to have taken :I .I pl~ce ~erritory's as regards the general characteristics of the economy as ,i described in the Council's report to the General Assembly at its twenty-fifth j session. The following information on the Territory's economy tas been drawn from statements made before the Council as well as from secondary sources, such as 1 :i t I ! magazines, newspapers and other pUblications. .I :! i I I j I i A~ Socio-economic cqnditions in Namibia ~l I I f· ! if 140. The extensive use of contract labour by the highly profitable foreign ~~ ,I undertakings engaged in mining and other large-scale industries in the Territory ~i ,I I I has been characterized by the International Commission of Jurists as being ,I i "akin to slaveryH. The aim of South African administration in the Territory is i I! to perpetuate this situation. i I[ ~~artheid 141. laws, aimed at exploiting African labour, create inequality of I opportunl.ty and treatment between persons of different races as regards aCc!ess to vocational training, choice of employment, determination of wages and other conditions relating to employment. 142. African workers do not have the ri,ght to fvrm trade unions and organize s'~rikes; nor do the.)" have the right to break. their contracts prior to their expiry in accordance with the la1'Ts imposed by South Africa. 143. Ydgrant labour policy restricts Africans' residential rights to the reserves of specified urban locations. Thus, contract labourers in the towns are housed in 'barracks, separated from their families and living in very crowded conditions. In a Katutura settlement on the outskirts of Windhoek, ,5,000 African workers live in barracks, with eight men to a room. A similar situation exists in Keetmanshoop. 14'01-. According to information available to the Ccuncil, there are constant labour troubles in the Territory. A number of strikes have been held at Walvis Bay, with 'Workers protesting about overtime, bad conditions and poor pay; the African workers there are reported to be better organized than elsewhere. Strikes were reported to be held at other places, similar to ihe one on the construction site of Swakop River Dam. 145. Supply of African labour is controlled through the labour bureau.s under the 1970 Bantu Laws Amendment Act, thus further nullifying African bargaining power. In his letter circulated on 7 October 1971 as a Security Council document (S/10356), Chief Kapuuo stressed the extent of African labour's exploitation through low 'Wages and bad conditions. 146. The Rhodesia Herald reported on 28 May 1971 that all African workers in Namibia, recruited in "homelands", "Were placed in four categories, according to age, experience and general health. Unclassified workers are paid a minimum of $3 .. 25 a month as farm hands and a minimum of $5.25 a month if they 'Work as shepherds. The lowest classified farmhand' s pay is $5.25 a month and a shepherd's $6.75. An experienced class A African must be paid $10.50 a month. Mineworkers are paid a. minilnum 30.cents a day for their first 155 shifts, 35 cents for the -28- next 77 shifts and then 40 cents - making a total of $124.25 for the year. The ;:en minimum annua.l wages for industrial workers are even less, at $89.98. IfHouseboys" in urban areas are paid a minimum of $7.50 a month, and if they are returning to a previous employer their salary is no less than $8.25 a month. One of the most from notable features of the system is the use of small children under these conditions~ since they can be paid even less than the men. Africans who have been working in any town in the Territory for more than ten years and have acquired "permanent residence" are considered "locals" and their pay is about $60 a month. However, it is reported that there are no safeguards against abuse of African workers, especially those on farms, in respect of wages and living conditions. 147. Working conditions for African labour are very bad. According to the information received by the Council, conditions at Tsumeb mine are especially so; the mine compound is very crowded and unhygenic. There is a high wall around the LS compound, making the place like a prison. Anybody trying to escape is liable to be shot. Behind the compound there is a gaol for those who may resist orders. 148. Modern education and medical care have been extended to some African areas only in the last few years, but many areas still remain essentially without either. The literacy rate of Africans is estimated to be less than 10 per cent. B. Activities of foreign economic and other interests 149. The economy of the Territory is controlled by foreign inter~~ts which plunder its wealth. Heavy dependence on a few primary industries which exploit the rich t:'ves natural resources for export is its major feature. Namibia continues to attract :d large amounts of investment capital from foreign sources, including South Africa. ::>ns. Almost all this investment, however, is being used for the development of extractive live industries, namely mining and fishing, and will, therefore, not result in any shoop. significarr~ change in the basic structure of the economy. bour 150. The mining industry, which at present is heavily dominated by the United States and South African interests, has undergone substantial expansion in recent years, can and has attracted the attention of several large international corporations which re are now mainly engaged in prospecting. Commercial fishing is likewise exclusively ite controlled by eight South African companies or their SUbsidiaries, which produce and can their products for export. the 151. In some cases, the rich resources of the Territory have been exhausted owing er. to the long and intensive mining. Mr. E.A. Nel, a member of the so-called Executive Committee of South West Africa administration said in a press interview in October 1970 that the Territory's "resources ~\Till only last about 25 years unless ~ew deposits are discovered", and after that tourism ?fmust rfJpl.aqe mining as the main source of revenue" of the Territory. to 152. Chief C. Kapuuo of the Herero peoples has expressed the ar~iety of the Africans of that Namibia, "being exploited by greedy entrepreneurs It, will be "robbed of its wealth, and rendered barren for the future". He stated, in the letter referred to .erd's in paragraph 145 above: "Our fear is that when freedom finally comes to this land, .ers it will be returned to us with no minerals left." .. .e -29- JI I( the estimated gross domestic product. (GDP) was $us400 million. 153. ·In 1968, to 1I per cent and agriculture 17 per cent. According ,l~I' Mining contributed ·46 F by about 10 per cent I unofficial estimates, during the 1960s, GDP increased { It is estimated that the annually, with mining making the greatest contribution. Africa's. Approximately Territory's GDP represents less than 3 per cent of South profits and wages by 20 per cent of the GDP was taken out of the Territory in non-resident firms and workers. I and manufacturing (which is of 1i 154. Of the capital invested in mining, fisheries it sources and the balance , minor importance), 53 p~r cent is attributed to overseas . i' South Africa. Overseas captial provides 61 per cent of ! largely to the Republic of 1 Africa providing the balance. I in mining and manufacturing, with South investment "South Hest African" or I Eighty-five per cent of fish processing is owned by white ,r South African interests. at considerable mineral resources provided exports estimated 155. Namibia's contribute in 1967, or 61 per cent of all exports. Diamonds normally $200 million diamond 60 per cent of the value of mineral production. The major more than Anglo is Consolidated Diffiuond Mines, a SUbsidiary of South Africa's producer lead, lead-zinc, Corporation. Other important mineral products are copper, American is underway. The uranium, lead and vanadium concentrates. A search for petroleum the bull-. of base metal United States controllf'Q Tsumeb Corporation accounts for in Namibia. production and is the most sizable United States investment statistics for South 156. Trade figures for the Territory are included in the at $293 million and Africa. For 1966, the Territory's exports were estimated originate in South imports at $217 million. About 90 per cent of the imports go overseas, either Africa, while about 90 per cent of the Territory's exports is believed to have directly or through South Africa. In 1966, the Territory earned approximately $250 million in foreign exchange. of the International 157. Rio Tinto South Africa Proprietary, Ltd., a SUbsidiary continued to develop a Corporation of Rio Tinto Zinc, announced in 1969 that it 30 miles from Swakopmund in the Namib desert. That " mine at Rossing, uranium Rossing Uranium Ltd. corporation owns 82 per cent of the actual mining company, announced that it would November 1970, Rio Tinto South Africa Proprietary, Ltd. In that the mine would start exploiting uranium at the mine in 1976. It was believed prove to be the most important in the world. large-scale test borings were taking 158. It ";'18,8 reported in February 1971 that one because of a very place at the site. The mine is expected to be a low-yield sampling plant was small percentage of uranium in the ore. Work on the bulk expected to begin within nearing completion. The concentrating operations were in which Deutsche the next few months. Ore was to be mined by a consortium was to participate. Urangesellschaft~ of Frankfurt, Federal Republic of Germany, BritiSh House of Commons 159. On 13 July 1970, in reply to a question posed in the stated in a written reply: by Mr. Evelyn King, Mr. Rippon, Minister of Technology, and "An agreement between the United Kingdom Atomic Energy Authority subject to conditions a SUbsidiary of Rio Tinto Zinc was signed in March 1968, invol"-;e additional recently fUlfilled. Subsequent amendments to the agreement deliveries of ore in certain years. 1V The agreement was finalized in January 1971. Between 1976 and 1982, Britain will buy 7,300 tons of uranium oxide~ worth approximately $25 million, from the South African Government-owned Nuclear Fuel Corporation9 Le -y 160. On 12 January 1971, a spokesman for the Government of the Federal RepUblic of Germany stated that his Government had provided Deutsche Urangesellschaft with financial aid totalling DM.6 million for the exploration of uranium deposits in Namibia, but added that no decision had yet been made on whether or not to give the company any support for mining uranium there. It was estimated that the cost of the mining project would be from R.150 million to R.200 million. of 161. During 1970, the pilchard and rock-lobster industry showed effects of or over-fishing. Consequently the South African Government took additional measures on several occasioDs to limit the fishing season, reduce the quotas for the land based factories and to limit the activities of the factory ships operating off the Namibian coast. ute 162. The third basic industry, namely commercial farming, accounts for about one sixth of the GDP. Commercial farming is an industry in which all ownership of ·zinc, around 5,000 farms is non-African, and management and supervisory functions are The filled by whites. At the same time, Ovronbos are not allowed to sell their cattle and fruits on the open market, so as to prevent them from competing with white farmers. D\lrine; 1970, the Territory experienced a prolonged drought which had serious effects on all agricultural activities. Most severely affected were the Namibians who make their livelihood by subsistence farming. 16~ d~clays Bank of the United Kingdom has been expanding its operations and now ha' bout 90 agencies and 22 full branches in the Territory. In the last two years, two new agencies have been opened in Windhoek, to be developed into branches. It was reported that Barclays main branch in Windhoek, as well as the British owned Standard Bank, practise racial discrimination in regard to their customers . .al a 164. Dividends paid to shareholders of the foreign-owned enterprises in Namibia all major enterprises are controlled by foreigners, including South Africans - were .. substantial. Some of this revenue accrued to foreign Governments in the form of rould taxes, although the ronount was limited by general tax rules prohibiting double rould taxation and by specific double-taxation treaties. Under such rules or treaties, an amount not exceeding the total South African withholding tax, which is deducted from a dividend paid by a company operating in Namibia to a foreign shareholder, may be claime0. by that shareholder as a credit against the taxes due to his country. . 165. The South African Government also collected substantial revenues from foreign in corporations doing business in Namibia. Although official figures are not available~ press reports state that during the financial year ending March 1970, tee South Africa collected R.l04.2 millions in revenues from Namibia and spent only R.79.1 million through various departments in the Territory. mmons eply: cd .itions .tional -31·.. '. ".. ~ •..••,. ~. 0.,. >. _,. • PART THREE IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 2145 (XXI) I. Request for an advisory opinion 166. On 29 July 1970, the Security Council, acting on the basis of reports and recommendations of its Ad Ho~ Sub-Committee on Namibia 32/ adopted two resolutions relating to the Territory. 167. By the first resolution, 283 (1970), the Security Council called on States, the General Assembly, the United Nations Council for Namibia and the Secretary General to take various specific actions in relatlon to Namibia in order to implement previous resolutions relating to the Territory. In addition, the Council reestablished its Ad Hoc Sub-Committee to continue to seek effective ways and means to achieve the Organization's objectives in Namibia. 168. By the second resolution, 284 (1970), the Security Council decided to seek from the International Court of Justice an advisory opinion on the following question: "Hhat are the legal consequences for States of the continued presence of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970)'1". II. Reaction to South Africa's proposal for a plebiscite 169. During the proceedings of the Court, South Africa proposed that, under certain conditions, it would be prepared to hold a plebiscite in the Territory. This proposal gave rise to a series of declarations by the Council for Namibia, OAU, SWAPO, and SWANU. 170. In the Council's view, South Africa's proposal for a "plebiscite" was obviously intended to introduce elements of confusion and to cast doubts on the legality of United Nations actions relating to Namibia. In the opinion of the Council, which is the only legal authority in Namibia, the Government of South Africa had no locus standi in the matter - being in illegal occupation of the Territory - and did not therefore, have any legal right to put forth such a proposal. Furthermore, the issue at stake was the independence of Namibia, and not whether the Government of South Africa or the United Nations should administer the Territory. The United Nations decisions in this matter were aimed at achieving the in~ependence of Namibia, and not at the administration by the United Nations, except for a brief transitional period. 171. The OAU response to the proposal was that it did not believe it to be a step that would solve the Namibian problem; moreover, a plebiscite would have no le~al validity since South Africa's presence in Namibia was illegal and its Mandate ) over the Territory had come to an end. j ~ 32/ For the report of the Ad Hoc SUb-Committee, see document 8/10330. i -32- l "'~!~~ ~ ~-, .'r2:;L'::,"~'.'---·';;; ,_•. :-""" ;7" - -: '" ;;' ,', -'-- ,,-,. " t ---_' .":,r,;,",",,,"'t:"-,, :-,;,,;, '''';'';''';'';.-', .". '-"',",- ',---" ••,"- .... ,. "'''_','''''''''''''' ". "'''''''', r " '_"'_"'"'''''',''' ,,,,,,, ""'''__ ', .... "" _11 • .Ill J& J~IU.II.•: _ ••U.ildIJ.JIlJ••••I••'.II.-.U.I_*li!I:.. .. _ I ! ! .,I I ,! 172. SWAPO's statement on the plebiscite laid down the following preconditions: 1. A general climate of peace, harmony and free political activity must prevail throughout the country to ensure the participation of all Namibians irrespective of race, creed or colour, in a "plebiscite"; 2. Noting that Namibia is presently under South African military occupation, a genuine "plebiscite" can only be carried out if all the South African troops and police are withdrawn from the Territory; 3. The unconditional release of all Namibian political prisoners currently imprisoned in South Africa as well as those now being held in Namibia: , 4. 'l~he return to their country of all Namibians currently in exile without risk of arrest, detention, intimidation or imprisonment: 5. The dismantling of all Bantustans which aim at dividing the people on ethnic basis; and that such a "plebiscite" be conducted on the principle of one man, one vote: 6. That such a "plebiscite" be conducted under the supervision of the United Nations and the Organization of African Unity. 173. SWAPO further made it categorically clear that a "plebiscite" conducted contrary to the above conditions would be unacceptable to the people of Namibia. l74e SWANU was of the view that the United Nations should conduct an internationally supervised plebiscite in the Territory not on the question of whether the Government of South Africa or the United Nations should administer the Territory, but on the question of immediate independence for the Territory. Ill. Advisory opinion of the International Cou.!.t of Justice , 175. On 21 June 1971, the Court delivered its opinion to the following effect: (1) The continued presence of South Africa in Namibia being illegal, South Africa is under obligation to withdraw its administration from Namibia immediately and thus put an end to its occupation of the Territory; n (2) States Members of the United Nations are under obligation to recognize ch the illegality of South Africa's presence in Namibia and the invalidity of its acts on behalf of or concerning Namibia and to refrain from any acts and in particular any dealings with the Government of South Africa implying recognition med of the legality of, or lending support or assistance to, such presence and administration; (3) It is incumbent upon Staxes which are not Members of the United Nations to gi'lT"e assistance, within the scope of subparagraph (b) above, in the action which has been taken by the United Nations with regard to Namibia. 176. In reaching these conclusions, the Court held that the revocation of the Mandate by the General Assembly in resolution 2145 (XXI) was infra vires; that the Security Council had legal authority to adopt resolutio:'t1 276 (1970); -33- and that resolution 276 (1970) is binding on Member States by virtue of Article 25 of ~he Charter. In denying the South African offer to present factual evidence as to its motivations and purposes in applying apartheid in Namibia 33/ the Court held that such evidence, as well as evidence as to the material effects of apartheid upon the welfare of Namibians, was irrelevant; it found from the documentary evidence before it that the application of aparth~id to Namibia constitutes a flagrant violation of the purposes and principles of the Charter, which the former Mandatory was pledged to observe and respect, 34/ whether or not obiter, it would appear that this reasoning and finding should apply to South Africa's domestic policy of apartheid. 177. The Court generally left to the appropriate political organs of the United Nations the function of determining what specific acts should be permitted or prohibited in order to carry out the duties of States under sUbparagraph (1) of the opinion. "r.rhus", the Court stated, "it is for the Security Council to determine any further measures consequent upon the decisions already taken by it on the question of Namibia." 35/ 178. However, the Court did spell 0ut certain dealings with the Government of South Africa which, under the Charter and general international law, should be considered inconsistent with the declaration of illegality and invalidity made in paragrapb 2 of resolution 276 (1970) because they might imply a recognition that South Africa's presence in Namibia is legal. Those set forth quite specifically include: (a) Entering into treaty relations with South Africa in all cases in which the Government of South Africa purports to act on behalf of or concerning Namibia; 36/ (b) Invoking or applying treaties or provlslons of trEaties concluded by South Africa on behalf of or concerning Namibia which involve active intergovernmental co-operation, excepting, however, among multilateral treaties, "c.ertain general conventions such as those of a humanitarian character, the non-performance of which may adversely affect the people of Namibia"; 36) (c) Sending to South Africa diplomatic or special missions the jurisdiction of which includes Namibia; sending consular agents to Namibia and/or failing to 33/ On the grounds that, as South Africa had argued in the 1966 South West AfricaCases, (i) it would be necessary to prove that the South Africl3,n Government had administered the Territory in bad faith in order to establish a b:.. each of its Mandate Obligations, and (ii) that the proffered factual evidence was relevant to that issue. 34/ Legal Consequences for States of the Continued Presence of South Africa in NamIbia (South West A:frica) notwithstanding Security Council resolution 2'"(6 ~":::-:'''';''''::-!,-'';;';:'';~~;;;'';:'':~-,,!:,=~;:';:'-~--==-~=;;'''''';:~':''';;'::'~':;:''''.~';''~-'';;'~I(1970), Advisory Opinion of 21 June 1971, I.C.J. Reports 1971,, p. 16, paras. 129-131. 35/ Ibid., para. 120. 36/ Ibid., para. 122. -34- withdraw consular agents already there; and failing to make clear to South 25 African authorities that the maintenance of diplomatic or consular relations with the Republic does not imply any recognition of its authority in respect of Namibia. 37/ 179. The Court also included the following, less specifically: (d) Entering into economic or other relations or dealings with South Africa on behalf of or concerning Namibia "which may entrench its authority over the Territory"; 38/ and I'if, (e) Treating as legal or valid official acts performed by the Government t I of South Africa on behalf of or concerning Namibia since the termination of ;ed , the Mandate, provided, however, that non-recognition should not be extended to I acts such as the registration of births, deaths, and marriages, the effects of which lican be ignored only to the detriment of the inhabitants of the Territory". 39/ 180. While the Court found that it was not called upon to determine the legal effects of Security Council resolution 283 (1970), 40/ the interpretation of the legal effects of resolution 276 (1970) (as set forth immediately above) in the light of the Charter and general principles of international law strongly suggests that the Court would find the provisions of resolution 283 (1970) valid. rically A. Reaction of South Africa to the advisory opinion 181. The South African Government rejected the advisory opinion of the International Court for reasons which were explain8d by its Minister of Foreign Affairs to the Security Council at its l584th me~)ting, on 27 September 1971, and recapitulated by him at the l589th meeting on 6 October. At the earlier meeting he stated that his Government would continue to administer the Territory and that its administration would continue existing practices "with a view to 3, spIf-determination for all population groups". 182. As stated earlier, the South African Government has continued to extend apartheid to the Territory, has continued its "homeland" policy, has continued lon to transfer powers from the territorial administration to Pretoria and to ) repress all opposition to its policies. These actions are in defiance not ouly of the subparagraph 1 of the Court's opinion, but also of numerous General Assembly and Security Council resolutions demanding that South Africa give up its st administration of Namibia and that it preserve the national unity and territorial nent integrity of its former Mandate. B. Reaction inside Namibia to the advisory opinion ica 183. In Namibia the reaction to the Court's advisory opinion was immediate. Mr. David Meroro, the National Chairman of SWAPO, commented that the solution 29-131. to the Namibian problem remained primarily with the dedicated efforts of SWAPO and secondarily with those of the international community. Mr. Clemens Kapuuo, Chief of the Hereros, in a statement said: 37/ Ibid., para. 123. 38/ Ibid., para. 124. /'1; ;;T'! hi 39/' Ibid., para. 125. -35- I '-t ---:-:-:~::::o~~m, :o I\f I UThe International Court of Justice endorsed our long held op~n~on i I I l that the inhabitants of South West Africa themselves and not the I i : r i i South African Government will decide the future of South West Africa. i ( It also endorsed our opposition to Separate Development and its backyard I J extension - the Odendaal Plan which aims at depriving the Hereros and i! I j ,I other Africans of their traditional lands. In the light of the International I: l I Court of Justice opinion, the indications are that the situation is no i ,I ,I longer in South Africa's favour, and that sooner or later, South Africa ,I r I I must finally withdraw from South West Africa." i ! j 1 r ! 184. Representatives of ~he Relloboth Basters community addressed an urgent l! appeal to the Security Council to implement the Court's advisory opinion, because l the South African Government was continuing its policy of apartheid within the i I' I J Territory. ~i I i 185. On 30 June 1971 9 an open letter was sent to South Africa's Prime Minister by i I the Ovambokavango Lutheran Church and the Evangelical Lutheran Church ! (Rhenish Mission Church), t\? which the ma(jority of the indigenous population of the Territory belong. The letter said, in part: "We believe that South Africa in its attempts to develop South West Africa has failed to take cognizance of human rights as declared by UNO in the year 1948 9 with respect to the non-white population. The non-white population is continuously being slighted and intimidated in their daily lives. Our people are not free and by the way they are treated they do not feel safe. We cannot do otherwise than regard South West Africa, with all its racial groups, as a unit. By the Group Areas Legislation the people are denied the right of free movement and accommodation within the borders of the country. People are not free to express or pUblish their thoughts or opinions openly. Many experience humiliating espionage and intimidation. The implementation of the policy of the government makes it impossible for / the political parties of the indigenous people to work together in a really responsible and democratic manner to build the future of the whole of South West Africa. The Church Boards' urgent wish is that in terms of the declarations of the World Court and in co-operation with UNO of which South Ajrrica is a member, your Government will seek a peaceful solution to the problems of our land and will see to it that human rights be put into operation and that South West Africa may become a self-sufficient and independent State .. " 186. The letter was signed by Bishop Dr. L. Auala, Chairman of the Church Board of the Evangelical Ovambokavango Church and Moderator Pastor P. Gowaseb, Chairman of the Church Board of the Evangelical Lutheran Church in South West Africa (Rhenish, Mission Church). iJ\ 187. The protest by the churchmen was backed by their Christian colleagues, white and black: the Anglican Bishop Colin Winter and Catholic Bishops R. Koppmann of W'indhoek and E. Schlotterback of Keetmanshoop. 188. In Oddangua a group of men presented the Chief Councillor with a statement going against his claim that the people of Ovamboland were "100 per cent" for South Africa's continued presence in Nami.bia. They stated: "The Ovambos do not want to be guilty of recognizing an illegal government of South Africa. Ovambos would rather suggest to Vorster and his company to create "whitestans' for Germans, Afrikaners and English but not in Namibia." •.•.: £I.I__U•.dJ.l2li 82£__: •••.11. - - _ u r.J J I ! I 1 i I I I IV. Action by the Security Council II I f II ~ 1 i ! 189. After receipt of the Court's opinion the OAU decided to request, through 11: 'l its membership in the United Nations, a meeting of the Security Council to i i consider the situation in Namibia (S/10277). Subsequently, 44 States formally !(i I al I ! submitted a request to the same effect to the Security Council (10326). 11 i j i ! i I 190. At the first rreeting on the sUbject, held on 27 September, the President ! I ! 1 of the Council for Namibia requested and was granted the right to participate in the discussions of the Security Council. The President pointed out that the necessary implication of the Court's holding the South African occupation of e ~I Namibia illegal was that the United Nations is t.he only entity which can l-a.wfully I; administer the Territory. Consequently, the Council for Namibia, created to act I 1 on behalf of the United Nations, is the (interim) de jure government of Namibia. y rl 191. The President further pointed out that the attempts of the Council for I i I i i ! Namibia to assert its legal sovereignty had so far been limited by South f f I J Africa's intransigence and the Council's lack of resources. He emphasized that \ - ~ I -1 lithe sine qua nun for the success of any measures to be adopted is, therefore, I·' 1 { to put an end to the illegal occupation of Namibia by South Africa /which/ would require the application of the strongest possible pressures against that country, including the application of the provisions of Chapter VII of the Charter if that became Ilecessary••• ". .r 192. The President specifically called for: (1) the provlsl0ns of adequate .th funds and resources out of the regular bUdget of the United Nations; (2) the .e appointment of a full-time United Nations Commissioner for Namibia; and (3) action by the United Nations to enable the Council for Namibia: (a) to challenge every action taJ~en by South Africa on behalf of or concerning l. Namibia; (b) to give maximum pUblicity to the Namibian situation; and (c) to increase pressure on South Africa and to ensure the recognition of the Council as the sole authority able to act on behalf of Namibia. 193. Interventions were also made, among others, by the current Chairman of OAU, President auld Daddah of Mauritania, by representatives of numerous African States, as well as by representatives of Guyana and India, members of the Council for Namibia. 194. On 20 October, the Security Council, by 13 votes to none, with 2 abstentions (France and the United Kingdom), adopted resolution 301 (197l)~ in which the Council reaffirmed earlier findings as to the international status of Namibia; reaffirmed Security Council resolution 283 (1970); took note with appreciation of the International Court's advisory opinion concerning Namibia and agreed with its conclusions stated in paragraph 133 thereof; 41/ called upon States to consider the rights of the people of Nami.bia in their dealings with the Government of South Africa and to discharge their responsibilities to the Namibian people by taking the actions spelled out by the Court in paragraphs 119-127 of its advisory opinion, subject to the exceptions stated in paragraphs 122 and 125 thereof; reaffirmed South African obligations vis-a-vis Namibia and declared its continued presence in the Terri.tory an internationally wrongful act, for which it remains accountable to the international community; declared that any further 41/ See paragraphs 175-180 of the present report. -37- refusal of the South African Government to withdraw from Namibia could create conditions detrimental to the maintenance of peace and security in the region; I j I decl'ared that franchises, rights, titles or contracts relating to Namibia 1\ ! granted to individuals or companies by South Africa after the adoption of General I Assembly resolution 2145 (XXI) are not subject to protection or espousal by their States against claims of a future lawful Government of Namibia; requested the Ad Hoc Sub-Committee on Namibia to continue to carry out the tasks entrusted to it by resolution 283 (1970) and, taking into account the need to provide for the effective protection of Namibian interests at the international level, to i study appropriate measures for the fulfilment of the United Nations responsibility i i I j towards Namibia; and to review all treaties and agreements to which South Africa is a party in order to determine v'hether they imply recognition of South Africa's authority over Namibia and report periodically thereon; and called upon all States to implement the resolution and requested the Secretary-General to report periodically on such implementation. 195. The Council for Namibia is especially pleased that the Security Council has, in paragraph 6 of resolution 301 (1971), expressed agreement with the Court's opinion, which it had requested in resolution 284 (1970). It also welcomes the Security Council's decision to request its ~~~oc Sub-Committee to continue to study effective means of implementing previous resolutions and of protecting and promoting Namibian interests at the international level. The Council hopes that the participation of its President in the recent discussions concerning Namibia in the Security Council will lead to active co-operation between the two bodies to the benefit of the Namibian people. Howev/~r, as the (interim) de jure government of Namibia - a position now confirmed by the opinion of the International Court - the Council believes that it bears the ultimate responsibility for the actual administration of the Territory, and for all activities necessar"lr end proper to its fulfilment. T'h.e creation of the post of a full-time Commissioner, with provision for adequate staff to help him, will greatly assist the Council in carrying out the duties entru.sted to it by General Assembly resolution 2248 (S-V). V. ProEosals for future action by the Council 196. In view of the advisory opinion of the International Court of Justice, in which the Court reaffirmed the international status of Namibia, as well as the responsibility of the Organization and the Council towards the Territory, the Council believes that it is neoessary for it to undertake a broader programme of activities than had been contemplated previously. Among the proposals which the Council will explore are the following: (a) Issuance of visas. The Council will consider the question of issuing visas for entry into Namibia. All States Members of the United Nations would then be requested to: (i) invalidate their nationals' passports for entry into Namibia if they do not contain such a visa; and (ii) refuse diplomatic and ) consular services to their nationals in Namibia if they have entered the i t Territory without a Namibian visa. !, (b) Membership and participation in international bodies, conferences and conventions. The Council will seek: (i) membership in all United ~ations specialized agencies and other organizations in the United NationB system; -38- ~.. ~~~~!!£!t!~~~~-~~!~:~~~~~"~~~~~~~:~~~~~~~:~-:'~':J\".f~~~_~"'i~:";~~"!~~±!~_"'~!"'~:""~:·':".'~":"~~::'!'~:'!.:::'~::':'_::"':c~?i'"~r~:=~:~''''''''':=-~~.::::.c_ (ii) the right to participate in all international conferences dealing with matters of universal concern or affecting Namibian interests; and (iii) the right to participate in the negotiation and to sign and ratify all international al conventions dealing with subjects which affect Namibian interests. ir (c) Invalidation and revalidation of certain acts of the South African Government. The Court has stated that non-recognition of ects of the South African Government on behalf of or concerning Namibia should not be extended to such acts as birth, death and marriage certificates, if the effect of ity non-recognition would be detrimental to the Namibian people. The Council will a insist on the right to invalidate any and all acts which are sUbject to this exception unless they ere submitted to the Council for revalidation. n (d) Substitution for South Africa in multilateral treaties. The Council will seek to be substituted for South Africa as a party to all multilateral treaties applying to Namibia which are of such a nature that, according to the Court, their non-performance might adversely affect the people of Namibia. The Council will seek expert advice as to what - if any - action it should take concerning other treaties which have been extended to Namibia. (e) Drafting interim laws. The Council will seek expert assistance from the Department of Economic and Social Affair~3? particularly the Resources and Transport Division, from the Office of Legal Affairs, and from such outside experts as necessary to draft interim laws governing corporations, taxation and concessions . .on (f) Registration and (re)incorporation of organizations doing business in Namibia. The Council ~ill seek effective means to compel: (i) all corporations doing business in Namibia to register, giving full and relevant information, with the Commissioner or a special officer or agent appointed for that purpose; (ii) all corporations enfranchised by the Government of South Africa since the terliiination of t he Mandate to be reincorporated under the Council's interim corporation law; and (iii) all corporations doinq; business in Namibia to observe Namibian corporation and other laws established for their re~ulation. (g) Levying taxes. The Council will seek effective means to levy taxes on all persons and corporations doing business in Namibia, including the possibility of negotiating with representatives of Member States of the United Nations whose nme nationals are subject to such taxes to assist in the collection of I.;a~~es due to 1 the Council, possibly on a commission basis. All Member States will be requested not to grant exemptions or deductions to their nationals for taxes paid to the South African Government on any taxable Namibian activities 9 inasmuch as the granting of such exemptions or deductions would violate thE injunction of the Ghen International Court against actions which recognize the legality of the South I African presence in Namibia. I I (h) Issuing concessions. The Council will empower the Commissioner or a 11 special officer to issue concessions under temporary grants (or, sUbsequently, I' under its new concessions law) to corporations which it has enfranchised to exploit I t ~ mineral resources in Namibia, such corporations to be empowered to seek, through i l .I \ legal process in foreign courts, possession of minerals removed from Namibia under invalid grants derived f~om the Government of South Africa. \ -39- <" (i) Establishment of Supreme Court of Appeal. The Council will take all actions necessary to establish a judicial body which will be the Supreme Court of Appeal from all final judgements, orders, decisions, convictions, and sentences of courts in the Territory of Namibia and which will have power to review quasi-judicial decisions of administrative officials and tribunals in the Territory. (j) Preventing breaches of basic obligations. The Council will seek the I.\ ' advice of experts on how to ensure that breaches of the United Nations Charter and international conventions on labour, racial discrimination and human rights are not committed by the South African Government during its continued illegal occupation of Namibia., VI. Recommendations of the Council 197. The United Nations Council for Namibia, in view of the increase in the volume and scope of its current activities and in order to enable it to undertake additional administrative and executive tasks as required in the light of the advisory opinion of the International Court of Justice and of Security Council resolution 301 (1971), recommends that the General Assembly: 1. In pursuance of its resolution 2248 (S-V): (a) Appoint at its c~'rent session a full-time UnitEd Nations Commissioner for Namibia upon the nomination by the "Secretary-General; Increase the membership of the Council to ensure broader representation; 2. In view of the special responsibility of the Council, recommend that the speci'llized agencies and organizations of the United Nations system take all the necessary steps, in accordance with their respective constitutions, to: (a) Enable the Council to represent the Territory in all conventions, conferences, meet,ings, etc., which may affect the interests of NamibIa; (b) ~nable the Council to participate on behalf of the Territory in the negotiation, signature and ratificatio~ of all conventions which are universal in application or which affect Namibia; (c) Perform services or grant assistance to Namibia in consultation with the Council; 3. Call once again upon all Member States to recognize the identity certificates and travel documents issued by the Council; 4. Request the Secretary-General to provide a list of all bilateral treaties registered with the United Nations t~ which Soutp Africa is a party and which have been extended to Namibia, and call upon all Member States: (a) Not to enter into any further t~edties with South Africa which include Nau.ibia; Not to extend any existing treaties to Namibia; II. ;au 2 %£ lA: It; iltUts4Jt.2liikW'$t 4 2 UJtJ bi Lt j .,MU :.U aa i22 it i. 1 L (c) Not to invoke or apply to Namibi.a in any way treaty provisions already extended to Namibia, except in circumstances in which failm'e to do so would adversely affect the people of Namibia; in 5. Request the Secretary-General to take the necessary steps to intensify publicity relating to Namibia and for the issuance by the United Nations Postal Administration of a series of commemorative postage stamps to pUblicize the e c~rect responsibility of the United Nations for Namibia; r ts 6. Request the specialized agencies and organizations of the United Nations 1 system to give full pUblicity, through all media, to the question of Namibia and to the conditions prevailing in that Territory to which their respective spheres of competence are related; 7. Reaffirm its resolution 2678 (XXV), paragraph 11, calling upon the Govel'nment of South Africa to treat the Namibian people captured during their struggle for freedom as prisoners of war in accordance with the Geneva Convention take relative to the Treatment of Prisoners of War, of 12 August 1949, and to ~omply with the Convention relative to the Protection of Civilian Persons in Time of War 1. of 12 August 1949; and call upon the International Committee of the Red Cross to exercise its good offices to the same end; 8. Reaffirm its resolutions 2678 (XXV), especially paragraph 10, calling upon all States, in consultation with the OAU, to provide increased moral and material ner assistance to the people of Namibia in their legitimate struggle against foreign occupation, and 2704 (XXV), in particular paragraph 5, app~aling to the specialized agencies and other organizations within the United Nations system, to tion; render all possible moral and material assistance to the Namibian people and to work out, in active co-operation with the OAU, concrete programmes to assist the t the Namibian people; the 9. Approve development of an educational programme which, in conjunction with local plans and facilities, will provide for all the educational and vocational training needs of Namibians; 10. Take steps to implement the report of the Secretary-General on the establishment of a United Nations Fund fer Namibia (A/8473) and, in so doing, 1 take into account the Councilis special responsibilities to the people of Namibia and its knowledge of the Territory, which justify its active participation in the preparation of programmes affecting Namibians and in advising on the h administration of the Fund; 11. Call upon Member States, the specialized agencies and non-governmental organizations to increase their current contributions for the relief of Namibian refugees; 12. Make adequate bUdgetary provlsl0ns for the Council to continue to and discharge its existing responsibilities and to undertake its proposed future activities and, in particular, to: ude (a) Develop an educational programme and institutions for IN'amibians, as proposed above; (b) Issue tra.vel and identity documents, as set out in the Council's report; , (0) Support the Council's regiona.l offi.ce in Lusaka, which issues tlave1 and identity documents, partic~.:.p).tes in relief programmes for Namibian refugees and whi~h may be given additional responsibilities; (d) Provide for periodic consultations by the Council with representatives ~.:' of the people of Namibia and OAU; 1.. R I 13. Call upon all Member states to implement the advisory op1n1on of the International Court on Namibia, dated 21 June 1971, as expressed in paragraph 133 thereof, and to discharge their responsibilities towards the Namibian people, as set out in paragraphs 119-127 thereof. I Ii i I I ( '1 "I I I I 1 ! \ I .,I I I I ! r'l ! Ih~ I '~\ 1,1 I ,;I \ I 1. ! 9.nd ANNEX I s Analysis of replies by Governments of Member States to the Secretary-General's notes of 12 December 1968 and 29 December 1970 concerning the travel do~uments 33 for Namibians s (as of October 1971) Total number of replies received - 76 (a) Accept documents as valid for travel Aust~ia Mauritius Brazil Mongolia Bulgaria New Zealand Burma Niger Cambodia Nigeria Carrleroon Pakistan Chad Philippines Chile Poland Colombia Romania Dahomey Saudi Arabia El Salvador Senegal Ethiopia Somalia Guyana Syria Hungary Togo India Tunisia Indonesia Uganda Iraq Ukrainian Soviet Socialist Ivory Coast Republic Kenya Union of Soviet Socialist Kuwait Republics Laos Upper Volta Libyan Arab Venezuela Republic Yugoslavia Malaysia ~ambia Malf'.ives -43- j Accept documents subject to right of return Afghanistan Japan Belgium Lebanon Canada Luxembourg China, Madagascar Republic of Nauru Cuba Netherlands Cyprus Norway Czechosltl.vakia Rwanda Denmarlt Singapore Egypt, Sweden Arab Repuulic of Trinidad and Tobago Finland Turkey Iceland United States of Il'eland America Israel Yemen Italy Zaire, Ja"'.1laica Republic of . , ", NOTE: In addition, the German Democratic Republic has notified the Secretary-Genera~ that it recognizes and accepts the travel and identity documents as valid, subject to the usual visa requirements (A/8269) • -44- ANNEX II a South African statutes puvportedly applied to Namibia in 1971 / Aged Persons Act, No. 81 of 1967. See section 2LA, added by Act. No. 14 of 1971, section 5. Attorneys' Admission Amendment and Legal Practitioners' Fidelity Fund Act~ ) No. 19 of 1941. See definitions in section 1 of "province", "Republic", and "territor:Y''', added by Act No. 71 of 1971, section 1 (b), (c); and section 40B, added by Act No. 71 of 1971, section 16. Bantu Authorities' Service Pensions Act, No. 6 of 1971. See section 8. Blind Persons Act, No. 26 of 1968. See section IBA, added by Act No. 16 of 1971~ section 6. Canned Fruit Export Marketing Act, No. 100 of 1967. Section 11, which applied the Act to the Territory, including the Eastern Caprivi Zipfel and the Rehoboth Gebiet, repealed and a new section 11, applying the Act to Namibia, including the Eastern Caprivi Zipfe1, substituted by Act No. 48 of 1971, section 4. Customs and Excise Allien&aent Act, No. 89 of 1971. Section 3 (2) provides that "Subsection (1), too, shall apply also in the territory of South-Wes+' Africa, including the Eastern Caprivi Zipfel. fI Apportionment of Damages Act, No. 34 of 1956. The original section 6 made the act applicable to South West Africa, but did not mention the Eastern Caprivi Zipfel. Section 6, as substituted by Act No. 58 of 1971, section 2, provides that the act shall apply to South West Afri~a, including the Eastern Caprivi Zipfe1. Disability Grants Act, No. 27 of 1968. See section 16A, added by Act No. 17 of 1971, section 5. Abuse of Dependence-Producing Substances and Rehabilitation Centres Act, No. 41 of 1971. See section 64. Forest Act, No. 72 of 1968. See section 32A, added by Act No. 31 of 1971, section 1. a/ Includes all statutes purportedly applied to Namibia by 1911 legislation, including: statutes (purportedly) applied pa:r·tially b~r earlier legislatioil; and statutes (purportedly) applied previously if the application provision was purportedly amended in 1911. All st~tutes purportedly apply also to the Eastern Caprivi Zipfel unless otherwise indicated. -45- J No. 88 of 1971. See section 53, providing that the act Income Tax Act, Caprivi shall apply to South West Africa, without mentioning the Eastern Zipfel. 19. Sale of Land on Installments Act, No. 72 of 1971. See section Act No. 56 of 1971, Legal Aid Act, No. 22 of 1969. See section 9A, added by section 1. by Act No. 78 Act, No. 59 of 1968. See seqtion 99 (1), as substituted Marketing No. 78 of 1971, 1971, section 6;' but section 99 (2), as substituted by' Act of regulations section 6, limits the retrospective effect of proclamations, date of the 1971 amending act ..~ and notices in effect as of the effecti'"e '1 vis-a-vis Namibia. See section 14 (1). Newspaper and Imprint Registration Act, No. 63 of 1971. Service and Administrators' Pensions Act, No. 81 of 1971. Parliamentary may 25 provides that "This Act and any amendment thereof which Section the from time to time, shall, in so far as it is necessary for be made "The Territory" effective application thereof apply also in the Territory." being no is defined in section 1 (xxvi) as South West Africa.:. there reference to the Eastern Caprivi Zipfe1. section 21. Railways an~ Harbours Pensions Act, No. 35 of 1971. See No. 67 of 1971. Prevention and Combating of POllution of the Sea by Oil Act, See section 13. section 22A, added by Publications and Entertainments Act, No. 26 of 1963. See 32 of 1971, section 11, which makes the entire act and amendments, Act No. including except section 10 (c) (xiv), applicable to South West Africa, the Eastern Caprivi Zipfel. Acts Amendmer~ Act, No. 24 of 1971. See section 13, which Railways and Harbours Africa, the act (except section 11) and all amendments of South West applies by Railways including the Eastern Caprivi Zipfel. Section 10 was repealed and Harbours Pensions Act, No. 35 of 1971, Schedule. See section 10. Railways and Harbours Second Amendment Act, No. 85 of 1971. t Sectional Titles Act, No. 66 of 1971. See section 43. i 38 Act, No. 76 of 1969. See section 27A, added by Act No. Soil Conservation shall apply I of 1971, section 3, which provides that the Act and amendments " Eastern Caprivi Zipfel. " to South West Africa, without referring to the by Act No. 38 The definition of "the territory" in section 1 (amended Zipfel of 1911, section 1) does not include the Eastern Caprivi 27A, added by Stock Exchanges Control Act, No. 7 of 1947. See Section Act No. 86 of 1971, section 41. Suretyship Act~ No. 57 of 1971. See section 4. -46--- ' .... 0: lUll Ji I It .. i.. db! !: U.;;S U.:•..•••Ld.id.t.....:.iiUlllII2IJ.:Ill.•2..;11111111__"__1":1k1l.•LII;;;1II2i1ll'1II.:III;II.III.1Ill11i1_iJ_II1•.JI.UiIllU _ War Veterans' Pensions Act, No. 25 of 1968. See section 16A, added by Act No. 15 of 1971, section 5. Water Research Act, No. 34 of 1971. See section 15, ~hich provides that the State President may~ by proclamation in the Gazette, declare any part or all of the Act and amendments thereto applicable to South West Africa and the Eastern Caprivi Zipfel. National We::'J. are Act, No. '79 of 1965. See section 43A ~ added by Act No. 13 of 1971, section 5. 1, NOTE: The Registration of Pedigree Livestock Act~ No. 28 of 1957, was made applicable to South West Africa by Proclamation 343 of 1970, 31 December 1970 (see South African Government Gazette No. 2962, 31 December 1970). h a, -47- I /Original: English/ ANNEX III REPORT OF COUNCIL'S 1971 MISSION TO AFRICA fl~D EUROPE CONTENTS Paragraphs Page A. Background of the mission • • • 0 0 . . . 1 -- 12 52 B. Appointment of the mission and terms of reference 13 - 17 C. Itinerary • .0. 0 ~ ••••• ...... 18 - 30 55 NEGOTIATIONS p~ CONSULTATIONS WITH GOVERNMENTS AND OTHER ACTIVITIES A. Visit to Lagos 1. Negotiations ~ith the Government of Nigeria on the question of travel documents ...... 31 - 35 58 2. Visit to the University of Lagos 36 59 B. Visit -:~ LUdaka 1. Consultations with officials of the Government of Zambia . eo. • DO. •0000•••••• 37 - 38 59 2. Discussions with the regional representative of the Office of the Commissioner for Namibia 39 - 43 60 3. Discussions with the regional representative of UNHCR •.•.••••... 0 • • • • • 0 • • • 44 - 45 61 4. Official opening of the regional office of the Commissioner for Namibia .•...•••.•. 46 - 47 62 C. Visit to Nairobi 1. Consultations with the Government of Kenya 48 - 57 62 2. Discussion with the representative of UNHCR • • • • 58 - 64 64 3. Meeting with recent visitors to Namibia ...... 65 - 74 65 -49- ..~~_.. _.. ~ ~_,1iI5 ..------11IIIII------..-...... _.-_.. ...tIll2•••1 jig.1.:Ill'_II!!.. __ CONTENTS (continued) Paragraph~ Page D. Visit to Cairo •••0•••0••••••0•• 75 - 76 67 E. Visit to Addis Ababa 1. Consultations with the Government of Ethiopia 77 - 80 67 2. Discussions with the regional representative of UNHCR ...... 81~· 84 68 F. Visit to Stockholm 1. Consultations with the Government of Sweden . . . 85 - 89 2. Meeting of the Council with regard to the advisory 0plnlon of the International Court of Justice 90 70 Ill. ATTENDANCE AT THE COUNCIL OF MINISTERS OF OAU 91 - 96 71 IV. CONSULTATIONS WITH NAMIBIANS A. Interview with a Namibian student at Lagos . · · · · 9'T - 100 72 1I B. Consulta.tions with representatives of SWAPO at Lusaka 101 - 109 73 C. Consultations at Nairobi 1. Representatives of SWANUF . . . · . ·· · 110 - 115 75 116 2. Namibian students . . • ...... · . · · · - 123 76 D. Consultations with representatives of SWAPO in Cairo 124 - 128 78 E. Consultations with representative of SWAPO In Addis Ababa ...... 129 - 13c~ 79 F. Consultations held in Stockholm Ql 1. Representatives of S~..:ANU .. • • • • • 0 133 - 142 v. 2. A non-politically affiliated Namibian 143 83 3. Other representatives of SWAPO .... 144 - 152 83 --50- • .' ~ "• _'", .,," ~ ~. ' ' ,• ~ :." • III ' CONTENTS (continued) Paragraphs Page V. CONCLUSIONS AND RECO~mNDATIONS RELATING TO THE COUNCIL'S MISSION TO AFRICA AND EUROPE .... . •. 153 - 162 85 1. Travel and identity documents ...... 154 85 2. Education and training programme for Namibians .. . . 155 - 158 85 3. Resettlement of Namibian refugees ...... 159 86 4. Question uf participation of Namibian people in the work of the Council .. 0 . . . .. 0... •• 160 - 161 86 5. Widening of the responsiailities of the Commissioner's regional office in Lusaka ... 0 •• • • 0 • 0 • 162 86 -51- $ t2 t ; • a: : 31 j:aMl, Ut U 2$1 I. INTRODUCTION A. Background of the mission 1. The General A3sembly of the United Nations, in resolution 2145 (XXI) of 27 October 1966~ terminated the Mandate conferred upon His Britannic ~1ajesty to be exercised on his behalf by the Union of South Africa and decided that South Africa had no ri6ht to administer the Territory of South West Africa. 2. After assuming direct responsibility for the Territory of South West Africa, 1 • the General Assembly adopted resolution 2248 (S-V) of 19 May 1967 by which it established Ita United Nations Council for South West Africa" comprising eleven ~1ember States and entrusted to the Council administrative and legislative powers and functions to be discharged in the Territory. The name of the Territory was sUbsequently changed to Namibia by General Assembly resolution 2372 (XXII) of 12 June 1968. 3. Even though the Council for Namibia has taken steps to implement the functions it has assumed tInder resolution 2248 (S-V), it has thus far been prevented, through the defiance of South Jif'rica, from entering the Territory of South West Africa and discharging its functions there. 4. rI'he decision of the Cotr(\~il to send periodic visiting missions to Africa and Europe in order to consult with the people of Namibia, especially those outside the Territory, is an alternative measure until such time as the Council can gain i H access to the Territory. li 5. The General Assembly on the other hand continues to take actions that serve IJ to strengthen the arm of the Council since its establisr~ent in 1967. These actions ,',~ ) , include ~he adoption of resolution 2325 (XXII) of 16 December 1967 by which it I requested the Council to fulfil by every available means the Mandate entrusted to it I in resolution 2248 (S-V) and called upon the Government of South Africa to withdraw from the Territory, unconditionally and without delay; resolution 2372 (XXII) of 12 June 1968 by which it recommended the Security Council urgently take all appropriate steps to secure implementation of the resolution and to take effective measures in accordance with the provisions of the Charter of the United Nations to ensure the immediate removal of South Africa 9 s presence from Namibia and to secure , 1 » for Namibia its independence in accordance with resolution 2145 (XXI); resolution 2678 (XXV) of 9 December 1970 endorsing t?e measures taken by the Council j :- :1 ~ for Namibia with a view to the issuance of identity certificates and travel i documents to Namibiansj resolution 2679 (XXV) of 9 December 1970 establishing a i comprehensive United Nations Fund for Namibians. 6. The position of the Council was equally strengthened by the Security Council when it called upon South, Africa, in paragraph 5 of resolution 269 (1969), to I, withdraw its administration from the Territory immediately and in any case -52- before 4 October 1969; when it decided in paragraph 6 of resolution 276 (1970) to establish in accordance with rule 28 of the provisional rules of procedure an Ad Hoc Sub-Committee of the Security Council to study, in consultation vTith the Secretary-General, ways and means by which the relevant resolutions of the Council, including the present resolution, could be effectively implemented in accordance with the provisions of the Charter, in the light of the flagrant refusal of South Africa to withdraw from Namibia:. and to submit. its recommendations by 30 April 1970; and when it decided in paragraph 1 of resolution 284 (1970) to submit in accordance with Article 96, paragraph 1 of the Charter, the following question to the International Court of Justice with the request for an advisory opinion which should 'It \I be transmitted to the Security Council at an early date: "What are the legal consequences for States of the continued pres~nce of South Africa in Namibia, notwithstanding Security Council resolution 276 (1970)?". 7. As the body entrusted with the administration of the Territory until independence, the Council for Namibia has sought -to exercise its authority as much as possible in the prevailing circumstances. In so doing, it has acted with the approval not only of both the General Assembly and the Security Council but of the people of the Territory as well. 8. Prior ~o the Council's 1971 mission, it had successfully concluded thre, agreements on travel documents for Namibians with the Governments of Zambia, Uganda and Eth'topia, each with the "right of returnil clause. Furthermore, some 70 GoverDJnents had signified their readiness to recognizE and accept as valid the travel and identity documents issued by the Council. It was the Council's conviction that the matter of its travel and identity document might usefully be pursued through direct contacts between the Council and the Governments concerned. 9. In paragraph 13 of resolution 2678 (XXV) of 9 December 1970~ the General Assembly requested the Council to continue to perform the functions entrusted to it by its previous resolutions, including consultations with the representktives of the Namibian people and of OAU in Africa or at United Nations Headquarters. 10. At the seventh meeting, held on 17 February, Standing Conwittee I.of the Council, in considering the Council's programme for 1971, decided to recommend to the Council that the Council as a whole should visit Africa and Europe this year in order to obtain the best results from the pUblic relations viewpoint and to 'provide an opportunity for consultations between the entire Council and representatives of the Namibian people. Furthermore, the visit waD also intended to enable the Council to open discussions with the Governments visited regarding , ( ,) the issuance of the Council's identity documents to Namibians; to undertake negotiation for additional travel document agreements with a "right of return" 1 ! clause; to officially open the regional office of the Commissioner for Namibia ) i Jl .{ in Lusaka and to rally financial and other assistance for the cause of Namibians . I The Council adopted the recommendation of Standing Committee I on 14 May 1971. I, i 11. In its report to the General Assembly at the twen'ty-fifth session, the Council recommended the appropriation by the Assembly of an initial sum of $200,000 from the I regular budget of the United Nations to finance a comprehensive educational and training programme for Namibians. The Council also recommended the establishment j of a United Nations Fund for Namibia to provide assistance to Namibians who have I suffered from persecution. By creating the Fund for Namibia in resolution 2679 (XXV), the Assembly had in essence endorsed the recommendation of the Council for Namibia and the Security Council decisions regarding the Fund crntnined in resolution 283 (1970). -53- , ~.. ,::" _ ~ , ~~ •• •• ~ It .' ~ • 1I 'I 11 12. In view of this new development and the special responsibility of the Council 1, n in this matter, it felt it necessary to take the opportunity of this mission to i 1, rally support for the newly created Fund. i I B. Appointment of the mission and terms of reference 13. As referred to in paragraph 10 abo\'·.~, the Council for Namibia decided in principle on 25 February 1971 that the Council as a whole would visit Africa in pursuance of the provisions of General Assembly resolution 2678 (XXV). i·; • le 14. The terms of reference of the mission were defined as follows: (a) To explore the possibility of negotiating with the Nigerian and other Governments agreements for the Counci1 7s travel document with the "right of return" clause; (b) To finalize the agreement with the Government of Kenya for the issuance by the Council of travel document to Namibians in Kenya with the Ilright of return" clause; (c) To ho~.d consultations with Governments concerning the issuance to Namibians of the Council's identity documents and other matters relating to 1\T.t.~amJ.• b~ans; . (d) To hold consultations with Namibian students concerning their future education; (e) To hold consultations with representatives of the Namibian people; (f) To inaugurate officially the regional office of the United Nations Commissioner for Namibia in Lusaka~ (g) To hold consultations with OAU on the question of Namibia and to establish closer working relations between the Council and OAU on matters of common interest regarding Namibia~ 15. The mission, composed of the Council as a whole, consisted of: I Mr. E.O. Ogbu, President Nigeria t i ~ . HI'. F. Montaner Chile f Mr. M.A. Pinzon Colombia It Mr. R. Jackson Guyana )I ,'I Mr. S.M.S. Chadha India I Hr. M. Sidik Indonesia Mr. S.A. Karim Pakistan I Mr. Y. Soylemez Turkey I Mr. A.I. Teymour United Arab Republic I Mr. A" Psoncak Yugoslavia ~~. A.K. Simuchimba Zambia 16. Mr. A.A. Hamid, the Acting United Nations Commissioner for Namibia, accompanied the Council to Lagos for the negotiation with the Nigerian Government on the Council's travel document agreement and to Lusaka for the inauguration of the regional office. 17. The Secretariat staff which accompanied the mission consisted of: Mr. M.L. Zollner Principal Secretary Hr. J. Engers Principal Officer Mr. A. Caine Sub~tantive Officer Mrs. O. Rives-Niessel Administrative Officer Mr. N.E. Driss Substantive Officer Miss F. Chameau Stenographer Miss E. Brandao Stenographer ., . C. Itinerary 18. The Council decided that the mission shoulti depart on 3 June 1971. It decided to visit the capitals of Nigeria, Zambia and Kenya, and possibly Ethiopia and Egypt subject to an invitation from OAU and the Government of Egypt. It also decided to visit Sweden in order to consult with representatives of Namibians residing in Europe and with the Swedish Government, and to return to New York within a period of approximately three weeks. 19. The final itinerary decided upon by the Council for its 1971 mission was as follows: Lagos (Nigeria) 4 to 8 June Lusaka (Zambia) 9 to 12 June Nairobi (Kenya) 12 to 14 June Cairo (Egypt) 14 to 17 June Addis Ababa (Ethiopia) 15 to IT June Stockholm (Sweden) 17 to 19 June 20. To enable the Council to visit Addis Ababa and Cairo at about the same time, it became necesRary for the Council - at the end of the visit to Nairobi - to split up into two delegations, one for Cairo and the other for Addis Ababa. The latter group was to have joined the rest of the Council in Cairo, but was unable , to do so owing to the cancellation of a connecting flight. The delegation which ! j went to Addis Ababa to attend the OAU Council of J1inisters was led by the President ,~ ,:1 II of the Council for Namibia, Mr. Ogbu of Nigeria. The other members included j Mr" .Jackson of Guyana, Chairman of tbe Council's Committee on Travel Documents )I ., and Mr. Simuchimba of Zambia, Chairman of Standing Committee 11. The delegation ·1 ,j to Cairo was led by Mr. Soylemez of Turkey, Chairman of Standing Committee I, as Acting President. He was accompanied by Mr. Montaner of Chile, Mr. Pinzon of j Colombia, Mr. Chadha of India, Mr. Sidik of Indonesia, J1r. Karim of Pakistan, 1 }1r. Teymour of Egypt and Mr. Psoncak of Yugoslavia. 21. The miasion departed from New York on the afternoon of 3 June and arrived at Lagos on Friday, 4 June. On hand to meet the Council was a delegation from the Ministry of External Affairs of Nigeria and als0 the Nigerian press. The President -55- ----__., .__~__ .:._~:,.._- -.:..._.,2:-.:~ of the Council, in a 3D-minute press conference, replied to questions relat'ing to the work of the Council and the reasons for the mission to Africa. 22. On Saturday morning, 5 June, the members of the Council were received at the r1inistry of External Affairs by the Commissioner for External Affairs, Mr. O. Arikpo. On the same day they made a visit to the Ministry of Internal Afairs and were received by the Permanent Secretary, representing the Commissioner for Internal Affairs, who was absent from Lagos at the time. 23. On Monday, 7 June, Mr. A.A. Hamid, Acting Commissioner for Namibia, arrived in Lagos to join the other members of the mission, for the Council's travel document negotiations with the Nigerian Government. 'It J 24. The negotiations between the Nigerian Government and the Council on the Agreement on the Council's travel document were formally opened by Mr. o. Arikpo, Commissioner for External Affairs of Nigeria. ~1r. Arikpo's statement was followed by the first phase of the negotiations. 25. On the morning of 8 June, the Council and the Government of Nigeria resumed and completed the second and final phase of their negotiations in connexion with the agreement on the Council's travel document and both sides initialled the draft agreement. Then the Council paid a courtesy call on Hajor-General Yaku-bu Gowen, Head of State of the Federal Republic of Nigeria. That evening after visiting the University of Lagos Rt the invitation of the Vice-Chancellor, Professor S.O. Biobaku, the Council left for Lusaka. 26. The Council arrived in Lusaka on 9 June in the afternoon and was met at the airport by Mr. Josy Monga, Minister of State for Home Affairs and other officia.ls. Next morning the Council held discussions with UNHCR representatives and the regional representative of the office of the Commissioner for Namibia in Lusaka. In the afternoon, it held consultations with the representatives of the South West Africa People's Organization (SWAPO). On 11 June the Council held consultations with officials of the Government of Zambia. Later the same day, the Minister of Stat~ for Home Affairs, Mr. Josy Monga, officially opened the regional office of the Commissioner for Namibia at a ceremony during which the President of the Council also made a statement. The Council left for Nairobi on the evening of 12 June. 27. The Council was met in Nairobi by Kenyan and United Nations officials. The programme in Nairobi included consultations with the Government regarding problems of Namibians generally and the exchange of letters finalizing the agreement on the Council's tra.vel document for Namibians including the "right of return" clause. ;11 The Council met with two American youth workers who had recently visited Namibia and with the regional representative of UI~CR and held consultations with Namibian students and representatives of SWANUF. • ~ 28. The Council's delegation to Cairo, led by Mr. SC5vlemez of T1.1rkev as Acting President, left Nairobi on 14 June and arrived in Cairo the following morning. They were me~ by officials of the Ministry of Foreign Affairs. Dur1ng its stay in Cairo the Council held consultations with the Deputy Prime Minister and Foreign Minister of Egypt, Hr. Ma.hmoud Riad, and representatives of SWAPO. The Council departed for Stockholm on the morning of 17 June. -56- ...... ' ~ "1 ~ "... - ~ -...<'" • ~ .- • to 29. The Council's delegation to the OAU Ministerial Heeting in Addis Ababa left Nairobi in the morning of 15 June. While in ~ddis Ababa, it attended the Council of !1inisters of OAU. The President of the Council for Namibia addressed the he Political Committee of the Council of ~1inisters on the question of Namibia. The delegation of the Council held consultations with representatives of the Government of Ethiopia led by Mr. Tesfaye Gebre-Egzy, Minister of State for Foreign Affairs. tler It consulted also with the SWAPO representative in Addis Ababa and held discussions with the representatives of UNHCR. The delegation left for Stockholm on 17 June. i 30. In Stockholm, the Council held consultations with the Swedish Government, the representatives of South West Africa National United Front (SWANUF) and SWAPO, and a Namibian who did not have any party affiliation. Before concluding its mission and returning to New York, the Council held a final meeting on 19 June to consider the imminent issuance of the advisory opinion of the International Court ), of Justice. The Council concluded its mission for 1971 in Stockho]m on 19 June. Iled i 1 ~fter .s. ~st lncil t) ms .se. 1 It an ." The -57- . ;.:.-.-,.,._<<-"..,_•...,_.... _'_.... -", 11I•• 2i -" Ill.•£J.wl!l f1 "~-. ----.:J ••a._:.az-,..11.11:'.'lIalllalll'_£R'__b.:_~:Jbl·----..---- .. ..------... II. NEGOTIATIONS AND CONSULTATIONS WITH GOVERNMENTS, AND OTHER ACTIVITIES A. Visit to Lagos 1. Negotiations with the Government of Nigeria on the question of travel documents 31. Negotiations between the Council and the representatives of the Government Nigeria were of opened on 7 June by Mr. O. Arikpo, Commissioner for External of the Federal Affairs Military Government of Nigeria, who reiterated his Government's commitment to the freedom and independence of Namibia and promised that Nigeria would continue to extend to the United Nations all possible assistance and co-operation in order to enable the Council to fulfil its mandate. The Commissioner rejected proposals for a dialogue with South Africa Which, in the opinion of Government, were his in fact an attempt to undermine the solidarity and principles OAU and to seek a settlement of of the abominable system of apartheid over the heads of the peoples of South Africa and Namibia. The Nigerian Government, he said, "upholds that there cannot and should not be a dialogue unless in full recognition of the human rights and legitimate aspirations of our brothers freedom in South Africa for and independence in southern Africa". He maintained that should the Council ' keep constantly alive the problem of that unfortunate Territory regular dissemination through of information there, through close consultations with people of Namibia, the through collaboration with OAU and through the collective responsibility of the United Nations. 32. At the outset of the ensuing discussion with the delegation of Nigeria, of the Government under the chairmanship of Mr. B.A. Clark, Deputy Permanent of the Federal Secretary Ministry of External Affairs, which also included representatives of the Department for Immigration and of the Attorney-General's chambers, Nigerian side indicated the that the Nigerian Government would like to have its understanding with the Council in the form of an agreement rather than an ~ of letters. The exchange Nigerian delegation had therefore prepared a draft agreement. The Council readi:y agreed to this procedure. 33. During the ensuing discussion on the different articles of the the Acting draft agreement, Commissioner for Namibia and members of the Council proposed of modifications. a number These mainly concerned the nature of financial commitments Council might the undertake in regard to Namibians covered under the agreement, -; , , application of the the laws and regulations of the Federal Republic of Nigeria regard to Namibians with and provisions concerning the duration of the agreement. 34. On all these points full agreement was reached between the representatives of the Government of Nigeria and the Council. Subsequently, on 8 June 1971, Agreement, as amended, the was initialled by Mr. Clark on behalf of Nigeria and by Mr. Hamid on behalf of the Council. a/ a/ For the text of the agreement, see annex I. -58- = __ - __ ~ , _ , ~ . __.. _U 2. Visit to the University o~ Lagos 36. The Council, at the invitation o~ the Vice-Chancellor, paid a visit to the lents University o~ Lagos to discuss the question o~ education and training of Namibians in Nigeria. During the conversations the Vice-Chancellor announced that, subject I o~fer o~ "",f I I' to approval by the University Senate, the University would be prepared to 's I' ~ive scholarships to quali~ied Namibians and would accept a number of Namibians I o~ I on a non-scholarship basis. In addition, in view the inadequate preparation I o~ ..,' ,. Namibians in certain fields due to poor educational facilities in the Territory, 1 ~or 1 the University would provide, if necessary, preliminary courses those admitted oner under this scheme. The President and members of the Council expressed their gratitude to the Vice-Chancellor and indicated that these scholarships might f constitute part of Nigeria's contribution to the United Nations Fund for Namibia s established under resolution 2679 (XXV). on or B. Visit to Lusaka 1. Consultations with o~ficials of the Government o~ Zambia 37. The Council held a meeting with representatives o~ the Zambian Government on 11 June 1971. The Government o~ Zambia was represented at this meeting by o~ficials of the l1inistry of Foreign Af~airs, the Ministry o~ Home A~fairs and the Ministry of Provincial and Local Government. 38. The President o~ the Council, a~ter thanking the Government o~ Zambia ~or the assistance it had given to the Council, in particular by agreeing to the establishment of the regional o~~ice o~ the Commissioner in its Territ9ry, suggested ~e a number o~ matters ~or discussion. The ~ollowing points'were agreed to, a~ter ~urther deliberations: (a) The Government o~ Zambia would give favourable consideration to a request mt, by SWAPO ~or the granting o~ radio time; (b) Because, un~ortunately, it had been impossible to arrange for a visit of "1 , , the Council to the re~ugee camps, the regional representative would be given an opportlmity to make such a trip at a later date and would report to the Council; (c) With regard to the broadening of the responsibilities o~ the regional o~~ice, the Government would give serious consideration to any proposals in this respect the Council might make, on the basis o~ the regional representative's report on this matter. (d) While the Government o~ Zambia was giving identity cards to everybody residing in Zambia, that Government did not, in principle, object to giving consideration to a scheme Whereby special identity cards for the United Nations Council for Namibia would be issued to Namibians residing in Zambia; it was hoped that an agreed ~orm of co-operation and co-ordination could be worked out between the Council and the Government of Zambia on this matter. -59- , . -~--- .. . ~ .. ... f ,'.. • c( ~ (f!!J! '. \ ~ O. ~ - • # f I , 'I> • ".l ," , • • \ .' .' .. .. J iJ' • 'o, • .". ',.~ .. .', -. .' '. '.. .',.:. '_ ..' . 2. Discussions with the regional representative of the Office of the Commissioner for Namibia 39u The regional representative, Mr. V.H. Hamdani, appeared before the Council on 10 June 1971. He presented an account of the operations of the Office since its establishment in November 1970. At the out8et he had conducted negotiations with the represlantatives of the relevant departments of the Zambian Government regarding the implement8tion of the travel documents scheme. This had included procedures to be·followed and application forms to be agreed upon as well as discussions on specific cases. He had found the officials of the Zambian Government most co-operative. Thus far seven documents had been issued and provided for by a right of return clause to Zambia and ell bearers had been able to obtain visas from Member States where required. Quite & number of additional applications were now being processed. The regional representative had also established satisfactory contact with the representatives of Namibian political parties in Zambia and had obtained their f.ull co-operation. He was also working closely with the representative or L~1HCR and had also become a member of two local organizations which co-ordinated refugee relief in Zambia - the National Committee for Co-ordinating Assistance to Refugees and the Consultative Committee of Scholarship Sponsors, which had been most useful for his work. 40. The office of the regional represen~ative had become a kind of rallying point for Namibians in Zambia who were coming to him with their problems, material and otherwise. He would like to do more for them and in general for the cause of Namibia, but the scope of his activities was limited by his terms of reference and it would be up to the Council to widen those. The Council subsequently discussed this matter and decided 'to act upon it in New York. 41. In coming to specific problems, the regional representative mentioned the case of students at Nikumbe College, which in the past had been managed by the African-American Institute l)ut which had now been taken over by the Government of Zambia. Namibian students there often could not meet the high standards set by the Zambian Government, owins to the inadequate education provided in Namibia by the Government of South Africa. These students were facing dismissal which pla~ed them in a desperate situation because it could lead to the cancellation of their student permits. Namibians were coming to the regional office asking for clothes, books and money. All he had been able to do was to encourage and advise them and refer them to the various relief organizations in Lusaka or elsewhere. He referred to the need for the Council to reinforce its desire that all possible assistance should be extended to Namibid and the liberation movements in accordance with the relevant General Assembly resolutions. Mr. Hamdani recalled that his responsibilities included the whole of East Africa. Thus he had visited Botswana, where the issue of granting the right of return to holders of travel and identity documents was now under active consideration. Visits to other countries ,·Tith which the Council had concluded agreements (soon to include Kenya, it was hoped) were on his programme~ Meanwhile, he had attended a meeting of the OAU Bureau for the Placement and Education of African Refugees at Addis Ababa in January 1971, and had also collected data for the forthcoming report of the Secretary-General under resolution 2679 (XXV). 42. Returning to the question ef education, the regional represer~"p.i~ive indicated that a great number of Namibians were beyond school age and that t ...... y would require -60- .1 ~~~!l!""'~~~~~:~~ ...... " •• • ff, . " - _..... , . . . ~ .' • • \. " 1 . • I . . . , , - ,. , . '," . " , /" special classes adapted to their needs. In reply to a question he said that he had the impression that the African countries were not in favour of special schools I for ~~fugees which would, in fact, give them a preferred status over and above their own citizens. This applieq also, of course, to Namibians. These Governments 11 preferred to integrate the refugees in their school systems and the most appropriate (1 solution might be subventions by the United Nations for special classes in existing national schools. I 43. In a reply to another question whether the specialized agencies, particularly t ILO, would give some support to the Namibian refugees, he said that the co-ordinating grol1p of which he was a member did include not only representatives of UNHCR but also of UNESCO, WHO and FAO. Other constituting members were the Catholic organization Caritas, the Christian Council of Churches of Zambia, the I African-American Institute, the Zambien Christian Organization for Refugees, the Zambian Red Cross, the International University Exchange Fund, as well as officers of the Zambian Government is departments involved. Council members and the Acting Commissioner subsequently discussed possible areas in which the regional office could be active on such matters as pUblicity and other supportive measures to refugees. It was decided that the regional representative should make report to the Council on this matter with specific proposals for action which should form, the basis of a discussion in the Council on the enlargement of the terms of reference of the regional office. In this connexion, certain members of the Council queried the impli.cations and significance of higher education and technical training in relation to the immediate needs for the liberation of Namibia by the Namibians thems~lves. It was the Councils' belief that educational opportunities for Namibians at Lusaka should be expanded. Members of the Council expressed the view that a special institute or school should be established for Namibians. The Presid.ent, in thanking Mr. Hamdani for the information he had submitted, expressed the hope that on the basis of his report, the Council could shortly decide on the increased responsibilities of the regional office. e 3. Discussions with the regional representative of UNHCR 44. Mr. Hugo Idoyaga, representing UNHCR, informed the Council that in October 1968 a large number of refugees entered Zambia from the Caprivi Strip. There were indications that some had returned home since 1968. Some were in the settlements provided by the Zambian Government and others were in other nearby places. A substantial number might be in Zambian border areas among their tribal relations but no reliable records were available. His office had submitted to the Commissioneris office the names of the Namibians who had at one time or another contacted UNHCR in Lusaka. The number of Namibians in the city of Lusaka was"lery small and only a few had applied for ref1..1gee status to the Government of Zambia. Their cases were'pending. A Namibian had once applied to his office for vocational training but later withdrew his application. He also had a record of a Namibian who had been in possession of a residence permit which was later cancelled and which had led to his imprisonment. His office had also been 1nstrumental in the renewal of travel documents in a few cases. 45. Replying to questions from the Acting Commissioner and from the members of the Council, Mr. Idoyaga observed that as regards education, the Namibians in the j two settlements received the same education as Zambians. Whether a visit to the settlements was possible depended on the Ministry of Home Affairs, but he was afraid that it would take more time to organize this than was available to the -61- . • c, ~ lM !lUI . I. III J r .U~lltUIll 'ILl! JU~ Council on its present trip. Coming to the organization of his office~ Mr. Idoyaga said that under UNHCR policy the office did not deal with political organizations such as, for instance, SWAPO, bu~ only with individuals or with groups of refugees upon request either of the Govern.ments concerned, or of international or non-governmental organizations. His office wa.s not operative but dealt "idth existing relief organizations in Zambia, in particular with the Christian Council of Churches of Zambia, giving financial support to its activities and also to the Zambian Government for the maintenance of the settlements. Other support came from the food programme of FAO. In reply to other que8tions~ the UNCHR repres€~tative said that bis office did not distinguish between Namibians and other refugees and had no ~pecial programmes for Namibians. Recently an agreement was concluded by the consolidated United Nations Educational and Training Programme for Southern Africa and UNHCR~ and the implementation of this programme might also have a bearing on a number of Namibians in Zambia. 4. Official opening of the re~ional office of the Commissioner for Namibia 46. The regional office of the Commissioner for Namibia~ which had been in operation since November 1970, was officially opened on 11 June 1971 on behalf of the Government of Zambia by the Minister of State for Home Affairs, Mr. Josy Monga. The ceremony was opened. by the President of the Council for Namibia, Mr. Ogbu, who gave an historic account of the action of the General Assembly that had led to the establishment of the regional office. He paid special tribute and expressed thanks and appreciation to the President~ Government and the people of the Republic of Zambia for their understanding in graciously acceding to the request of the United Nations in making Lusaka the home of the regional office for the operation of the Council for Nt;mibia. The President also mentioned the difficulties confronting the Council in view of South Africa's refusal to accept the appeals and decisions of the Security Council and the General Assembly, making it a delinquent member of the Organization and an illegal occupier of Namibia. 47. The President mentioned the present status of the travel an'i identity documents scheme which had already been accepted by more than half the members of the Organization and the progress of negotiation with Nember Governments, particularly in Africa~ on agreements pertaining to the modalities of gran~ing a return clause to Namibians residing in their respective countries. He expressed his ap~~eciation that the scheme had become operative indeed with the issuing of the first travel document late last year and that more had been issued since. The office was then formally opened by the Minister of State for Home Affairs, who called this day a historic occasion which gave such satisfaction to his Government and people, and he pledged once more his Government's full suppo~t, of the aims and objectives of the United Nations with respect to Namibia. The ceremony was attended by many members of the diplomatic corps. C. Visit to Nairobi 1. Consultations with the Government of Kenya 48. On 14 June 1971, the President and. members of the Council met with officials of the Government of Kenya to negotiate an agreement on travel documents for Nandbians . -62·· .1!'lMPIJ~.~~~;~~'~11~E!!~~,!~~*!~~~~.;~~~~~,;"'';I;>;'~F·''IV''>"''j\;ll.''''''''";''"''f''~''F'J:'''~~~~ ~., -~.~_~ ,~ ~_."'''_''''''~~'~'''~_~'' ~~., ~ ~~_._~.;,-,.....-._. ~ _~ _~._"',_ ,; r '---- ',. __ "_. __'''''_ __ ._.__;_•.. _."""- '.'_' -. -•. •. •• _•..r_..;.,__ .. 49. Representing the Government at the meetin6 were Mr. F.X. Ngenga from the Ministry of Foreign Affairs, Mr. Raphael M. Kulu from the Ministry of Foreic;n Affairs, Mr. J. Kimani from ·the Ministry of Poreign Affairs? tar. Stanley F. Nulta from the Ministry of Education and Mr. Zka Kirui from the Ministry of Home Affairs. 50. The President of the Council opened the meeting and referred to an exchange of letters between the office of the Acting Co~~issioner for Namibia and the Government of Kenya regarding the agreement on travel documents. He expressed the desire of the Council to know the reaction of the Government and to finalize the agreement. 51. Mr. NBenga, on behalf of the Government, presented to the President of the Council a letter dated 20 May 1971 from the Minister of Foreign Affairs of Kenya addressed to the Acting Commissioner for Namibia. The letter was in reply to an earlier letter of 21 July 1970 which the Acting Commissioner for Namibia had addressed to the Government and which contained a total of ten points of agreement j on the Council's travel document similar to those concluded between the Council and the Governments of Zambia, Uganda and Ethiopia. In his letter, the Minister of Foreign Af.fairs confirmed that his Government was in full agreement with the points listed in the letter of July 1970 and that his reply constituted an agreement between the United Nations Council for Namibia and the Republic of Kenya on the matter. 52. The President, on behalf of the Council, asked Mr. Ngenga to convey to his Government the Council's whole-hearted thanks and appreciation for the agreement. He said that both the Council and the Government of Kenya were working to achieve the one same objective - that of independence for Namibia. Kenya had now joined four sister African countries of Zambia, Uganda, Ethiopia and Nigeria in concluding with the Council an agreement on travel documents for Nronibians, including the "right of return'" clause. 53. The Council raised the problem of the education of Namibians and expressed the hope that further assistance could be extended in this respect, taking into account the speci.al difficulties that Namibians were facing becau£e of the low level of education provided to Africans in Namibia. Mr. Stanley Nuka, representing the Ministry of Education, stated that the Government of Kenya allocated a certain number of scholarships to refugees in general, without any particular provision for Namibians. Hcwever, following the special plea of the Council, they would look into the possibility of allocating some of these scholarships specifically to Namibians. 54. The President of the Council also mentioned the question of issuing identity d documents to Nmnibians. The Council was then informed that a bill was being drafted concerning identity documents for refugees in Kenya. If the Council intended to issue spbcial identity documents to Namibian refugees, it was urgent that the matter be further discussed with the appropriate Kenyan officials so that some provisions could be included to that effect in the proposed bill. It was agreed that the regional representative of the Commissioner for Namibia would soon visit Nairobi and pursue the question. 55. The Council then took up the matter relating to those Namibians who had been refused asylum in Kenya. The officials assured the Council thsx they would look -63-· , ... , " in'tjo the matter further, together with a representative of the Council to be designated and in co-operation with the UNHCR Office in Nairobi. Upon the directives of the President, Mr. J.F. Engers of the Office of the Acting Commissioner for Np.~ibia was d,esignated to represent the Council and to remain in N'airobi for a few more days to complete negotiations relating to those Namibians , with the full co-opera'cion of the Office of UNHCR in ,Nairobi. 56. Before adjourning the meeting, the President expressed the Council's appreciation to the Government of Kenya for all the courtesies extended to the Council during its visit to Nairobi. 57. In response, Mr. Ngenga' thanked the Council and gave the assurance of his Government's commitment to the cause of Namibia. He said that his Government would continue to work with the Council. He wished the Council success in its future work. 2. Discussion,with the representative of UNHCR 58. Mr. Brink-Petersen, representative of UNHCR, informed the Council that there were from tw'o to three thousand refugees in Kenya coming from South Africa, Sudan and Zaire. Recently, a few had come from Uganda &ld other African countries. The number of South Africans ''1as about 200, of whom 50 or 60 were Namibians . All refugees were dealt with under the Imnligration Act of Kenya and all were issued a Kenyan document valid for a definite period and automatically renewable upon expiry. 59. The Government of Kenya also issued its own travel documents to Namibians upon presentation of a letter frolu UNHCR. The travel documents were issued for four to five years with a limited right of return period of not more than three to four weeks. The travel document was also used as an identity document. This procedure which only required a letter of identification from UNHCR to the Immigration Office had been followed until recently. 60. Assistance to Namibians was provided through two organizations, the UNDP Office in Nairobi and the Joint Refugees Committee of Kenya. The monthly allowance was 100 shillings. Over the last three years, most Namibians had received this. The amount of this monthly allowance to refugees had created some problems in Kenya. People resented refugees getting 100 shillings a month for the simple reason that most workers in Kenya earned only about that amount a month. On the other hand, Namibians could not work because of their lack of qualifications and the fact that most of them did not even speak English. Moreover, most of them were in their late twenties or over and fur this reason were unable to be admitted to school. 61. The UNHCR office in Nairobi had tried to settle these people in Kenya, but without success owing to the land problem in the country. 62. Last summer, there were two groups of Namibians in Kenya with serious problems. 1 I, The first group of eight from Ethiopia, who had left to seek education in Kenya, Jj had been placed in a school by the UNHCR office in Nairobi. They left the school T and Kenya and managed to reach the copper mines in Lumbumbashi (Zaire). Three of I them were unable to secure jobs at the mines and had now returned to Kenya. The I Government of Kenya had found it difficult to grant them asylum and was asking ! r~ UNHCR to get them out of Kenya. i Ii 4 11 -6 - t~_IIW!~.f!lr.W@~~~~:~:~·~!:~~:~"{&~~'!"'ifiI':~~~~\'j~..,r:~·Il 63. The second group of seven arrived in January 1971. They came from Tanzania. The Kenya Government declined to consider them as refugees and found it difficult to grant them asylum despite repeated efforts by the OffiQe of the High Commissioner for Refugees. The Office was told further that the Government of Kenya was not in the position to provide material assistance to these people. Consequently, they were without any means of subsistence. At their request some assistance was provided to the seven Namibians by the High Commissioner's Office to enable them to travel to Uganda. There they were given asylum for a period of one month after which they were asked to leave. These seven people had now returned to Kenya and, efter unsuccess~~l cqntact with the Red Cross, the Council was requested to take up the matter urgently ,..d.4;h the Kenyan Government. 64. In response to questions put to him by members of the Council, Mr. Brink-Petersen said that as far as UNHCR was aware, Nanlibians with jobs were not receiving the monthly allowance of one hundred shillings. He said it was not easy to distinguish a Nanlibian from other refugees. One of the surest means of identification was by asking a refugee to indicate the tribe he had come from and the places where he had lived before. Resettlement of refugees had always been difficult because of the lack of available land in the country. He informed the Council that the most pressing question was that of the seven Namibians who had been refused refugee status in Kenya and had no place to go. The President thanked Mr. Brink-Petersen for appearing before the Council and for the contributions he made. 3. Meeting with recent visitors to Namibia 65. By special permission, Mr. Reed !<'ramer and Miss Tami Huttman, appeared before the Council on the morni~lg of ~4 June 1971. They identified themselves as former United States Methodist Youth Workers in Durban. They had recently been declared "prohibited immigrants" by the South African Government and were ordered to leave the country. However, before their departure, they visited Namibia and had discussions with Chief Kapuuo of the Herero people. They presented the Council with a statement of Chief Kapuuo on the South African Government's plebiscite proposale They also told the Council about their visit to the Tsumeb mines and of the conditions there. Photographs of the mine area which they had taken during their visit were presented to tIle Council. These included also pictures of South African troops in 1vindhoek a,od Angolan army trucks bound for Luanda. They also made a statement on their unfavourable impressions of the situation in Namibia, and an interview with the Resident Manager of the Tsumeb mines, Mr. J.A. Ratledge, a white 80uth African. 66. They observed that the Territory was administered as part of South Africa and ), even immigration and custom formalities which might have existed in Windhoek Airport no longer existed. 67. Chief Kapuuo and his people were opposed to South Africa's plebiscite proposal and feared that it vras a fraud. They might consider the question of a plebiscite organized only by the United Nations after a reasonable period of United Nations presence in the Territory. 68. Lack of communication among the various tribes in the Territory brought about by South Africa's separate development programme and tactics had hindered -65- -13 lit IQ , SI :asuu u £ , R; sus , WL1". large-scale resistance among the Africans. Nevertheless, they had not ceased to resist the white millority rule in the Territory. Moreover, publicity within the Territory about what the United Nations was doing for ~amibia should be intensified. 69. Mr. Ratledge, the only white South African interviewed, as would be expected, gave the impression that he was convinced that all was well in the Territory and i~ that South Africa continued to spend more and more money to better the conditions r] If of the Africans living there. I; 1: 70. The President and members of the Council asked Mr. Kramer and Miss Huttman questions about conditions in Namibia, including, in particular, activities of oil ., liberation movements and other political activities in Namibia, the reaction of white South Africans to the activities of the liberation movements, whether there were signs of resistance inside the Territory and whether the South Africans were in fact offering the chiefs bribes, the reaction of the Church of South Africa after the decision of the World Council of Churches involving $200,000 aid to liberation movements in southern Africa, what were the ideas and reactions of the people in the Territory about self-government, the kind of political movements going on within Namibia, how the people felt about separate development, etc. 71. In reply to the questions, Mr. Kramer and Miss Huttman made the following statements. They mentioned that the white South Africans viewpoint on liberation movements was that such movements were considered as lYterrorism" and "nuisance". South Africa did not seem really too much worried about the activities of the liberation movements. They said, on the other hand, that Chief Kapuuo was fully aware of the liberation war being waged by SWAPO. In this connexion, however, they felt that one of the greatest handicaps among the tribes was lack of communication. On the plebiscite issue, they mentioned that it was the feeling of Chief KE'.pUUO that it should be held only after a reasonable period of United Nat::.ons administration of the Territory so that the people might be able to express themselves without fear or coercion. This period would also enable all political prisoners to be freed and participate in whatever political movements are in existence at the time. 72. Thus far, SWAPO was the only party they heard about in Namibia. In the northern Ovamboland, there were SOTIle political activities going on but because of extreme lack of communication there was not much co-operation between the Hereros and Ovambos, though Chief Kapuuo was ready to co-operate. As regards the decision of the World Council of Churches, that decision had polarized the church in South Africa. A majority of Africans reacted in favour of the decision, even the oldest leaders who, for one reason or another, had, before the decision, expressed opposition to violence. The whites were directly opposed to the decision. The speakers said that they were convinced that South Africa was, in the words of Mr. Ratledge, "opposed to self'-government of Namibia". It was South Africa's l 'f thinking that United Nations endeavours and United States policy to discourage investment in South Africa was not going to work and that in this respect neither the United Nations nor the United States was helping the people of Namibia. White South Africans considered that South Africa's continuous administration of the Territory was best for the Namibians. 73. The speakers said, in opposition to Mr. Ratledge t s view, that although the I situation in South Africa as well as in Namibia seemed to be static, people like I -66- JI_,.r~III"!':lIiJ/iftiM:..~~~~~!t~'P""':~"*.Jii7~"'~~~~;~r1ill",,,,,~;or'f"~~""1't"''1TW~~'''''''''';''''~'''~""""r*""",," .- -"-~--".--'-- ~"_4_'. .~_, ~-e ...... ,_~,_,_", ,~_", ,~ >~'-"-""--_";""" ~ ~,_. .~. '~':-'_'~' ~' "'~'.~_':"_'. ~.~_~,~. ,------. __. --'"" ..'"_ ,_<, __ .. "'•.. •• __ Y'-_, ,_ _; __ __ "'_._"",_ ...... __, __ __ _ ~~-"IJIlIII------"------"----"- the Hereros had not loat their determination and their will to resist. Something had to be done both from within and from outside the Territory to try to alter :1. the situation. It was hard to foresee any immediate change. They said that Chief Kapuuo was anxious to receive from outside the Territory any information relating to Namibia. The attitude of white people on the issue of separate development was IIcomplacentH. White South Africans and American businessmen exhibited the same attitude. They seemed to be totally unaware of the problem. 1 Their main excuse~ when confronted with the issue, was that they believed the African was being well treated~ that there was progress and prosperity for him under South African rule and that all opposition in the form of liberation movements was ~, I1 ., communist-inspired. The feeling of white youths in South Africa was not different from the feeling of their elders on this question. The speakers said that in the early 1960s there was a little fear among whites~ but now the superficial calm had made them more complacent. Since the World Council of Churches decision~ there had been much tension. The whites were not so much worried about liberation movements outside the Territory but they feared local uprising from within. The great majority of the African people in Namibia did not k~ow of thG Council's existence or what it was doing. South Africa was having difficulties administering Namibia and for this reason the Government recently increased its administrative personnel in Namibia considerably. On the question of the South African Government offering bribes to the chiefs, they said that it was difficult to get the truth of the matter because of the communication gap, but that the Hereros believed the report to be true. The only Ovambos with whom the Hereros could have contact were those designated by the South African Government. 74. On behalf of the Council, the President thanked Mr. Kramer and Miss Huttman for addressing the Council and for the information they had provided. D. Visit to Cairo 75. At the invitation of the Government of Egypt some members designated by the Council visited Cairo and paid a courtesy call upon the Deputy Premier and the Minister of Foreign Affairs, Mr. Mahmoud Riad, on 16 June 1971. The Acting President of the Council, Mr. Soylemez, informed the Minister of Foreign Affairs of the work of the United Nations Council for Namibia and about the serious situation resulting from the continued illegal occupancy of the Territory by South Africa. 76. Mr. Riad, aware of the difficulties facing the Council, assured it of Egypt's , ~ readiness to provide all possible assistance and to the Namibian people in their struggle for the liberation of their Territory from the domination of the racist regime of South Africa. The Council expressed its appreciation for the support l 1 extended by the Government of Egypt to the cause of Namibia. E. Visit to Addis Ababa 1. Consultations with the Government of Ethiopia 77. The delegation of the Council for Namibia visiting Addis Ababa durinG the seventeenth session of the OAD Council of Ministers~ met with officials of the Ethiopian Government, led by Dr. Tesfaye Gebre-Egzy, Minister of Sta~e for Foreign Affairs. The Ethiopian delegation included representatives of the Ministry of Foreign Affairs and the Ministry of the Interior. -67- 78. The~embers 9f the CounGi~ cansult~d with the Ethiopian officials on questions relating to the welfar~ of Namibian refugees in Ethiopia. Some of the Namibians were not in a position to further their studies and were in need of vocational I training. It was agreed that, in co-operation with the representative of UNHCR, an 1 effort w'ould be made to provide these Namibians with vocational training and enable them to learn useful trades. I I 79. In view of the difficulties encountered by Namibians in getting jobs, assurances were given to the effect that Namibians with skills and those who would acquire skills through ~ture training would be provided with employment. I 1 ~\ . , { , 80. The Government of Ethiopia had already signed with the Council an agreement on travel documents ,witb theilright of returnYi provision for Namibians. However, the procedures for 'the actual issuance of these documents to Namibians residing in Ethiopia were still to be established. In order to be prepared for the time when some Namibians in Addis Ababa would need to go abroad, it was agreed that cQn$ultatiops would soon take place between the regional representative of the Commis~ioner for Namibia and ~thiopian officials for the establishment of these proced-qres. 2. Disyussions with the regional representative of UNHCR .: • •• i '81. The delegation 9f the Council discussed the situation of the Namibian refugees in Ethiopia' with Mr. John Woodward, the UNHCR regional liaison representative for Africa, who extended the whole-hearted co-operation of his office to the mission, of the Council. Mr. Woodward provided carefully recorded data on each of the N~mibian refugees residing in Addis Ababa. 82. Except for one student, who was on a UNDP scholarship at Haile Selassie I University, all the Namibian refugees in Ethiopia were receiving a monthly allowance of 100.00 Ethiopian dollars on the UNHCR supplementary assistance progra~e. The majority of th~se Namibians were stUdying at the Morning Star School in Addis Abab&. 83. Some of the Namibians, however, had neither been able to pursue their studies nor to find employr~ent. The delegation of the Council suggested then that an effort should be made to provide them with vocational training. Thus, they would acquire a skill that would enable them to obtain jobs despite the difficult employment situation prevailing. The delegation of the Council resolved to discuss the matter further with Ethiopian officials. " :J I 84. The question was also raised of the issuance of the travel documents of the Council to Namibian~ in Ethiopia. Some students were about to apply for these } " documents and it became necessary to finalize the procedures with the Ethiopian authorities who had already signed with the Council the agreement on the travel documents with the "right of return" for Namibians. I I ) 1 't ;1 'f -68- ~., . . _ ~ • ~~ 1. Consultations with the Government of Sweden .n .e 85. The Council al'~ived in Stockholm on 17 June. That evening a preliminary exchange of views took place during a reception given at the Foreign Ministry by Swedish officials. On that occasion, Ambassador Giron announced that Sweden, together with three other Scandinavian countries, had decided to recognize the validity of the travel documents issued by the Council. This decision was conveyed to United Nations Headquarters on the day of the Council's arrival at Stockholm. 86. The following day the Council met with representatives of the Swedish Government~ led by Ambassador Giron and including }~. Abelin, Mr. Orn, Miss Ringborn, Miss Oldfelt and }~. Hasselmark. The President of the Council described the Council's activities and explained the objectives of the mission. 87. Among other issues, the Council explained the difficulties encountered by Namibians, especially in the field of education. The United Nations Education and Training Programme for Southern Africa had set standards for the students on a uniform basis for all southern Africans, and most of the Namibian students could not meet these standards. The Swedish officials expressed their interest in the creation of a special school for Namibians. The President of the Council appealed to the Government of Sweden for a generous contribution to the United Nations Fund for Namibia, established by the General Assembly in resolution 2679 (XXV). 88. The President of the Council also brought up the questi0n of travel documents and the "right of returniV of Namibians. The Council noted with satisfaction the announcement made the day before regarding the recognition by the Swedish Government of the travel documents. The hope was expressed that the Swedish authorities could envisage moving one step further and considering the possibility of entering into an agreement with the Council on the travel documents and the "right of return" of Namibians. At the request of the Swedish OfficialS, a copy of the agreement already signed by other Governments was left for consideration. In reply to a question about the number of Namibians living in Sweden~ the Swedish delegation explained that no statistics were immediately available, but the Immigration Service would have some indication. In view of the efforts of the Office of the Acting Commissioner for Namibia to carry out some sort of census of Namibians living abroad, the Swedish delegation promised to try and provide, at a later date, more precise figures. 89. The Swedish delegation indicated that the discussion had led to a better understanding of the Councilvs objectives and endeavours, end they assured the mission that they would report to their Government for further consideration of l " all the questions discussed. The President of the Council expressed the Council's gratitude for the warm welcome extended by the Swedish Government and for the . constant and generous assistance it lent to the cause of Namibia. -69- "14 t. ( #; tU $ £ &Iii Id 'T 2. Meeting of the Council with regard to the advisory opinion of the International Court of Justice 90. The Council held a meeting in Stockholm on 19 June to discuss the situation resulting from the imminence of the delivery of the advisory opinion by the International Court of Justice~ scheduled on 21 June 1971. After discussing the possibility of going to The Hague on that occasion~ the Council decided that its President, Mr. E.O. Ogbu~ who was to be attending the sitting of the International Court of Justice on 21 June, upon instructions fr s his Government, would represent the Council• . . -70- III. ATTENDANCE AT THE COUNCIL OF MINISTERS OF OAU 91. The Council had decided that, should it be invited by OAU to visit Addis Ababa during the session of the OAU Council of Ministers, a small delegation led by the President would go to Addis, while the rest of the Council would be visiting Cairo. t 92. In a telegram dated 12 June 1971, Mr. Diallo Telli, the Administrative I Secretary-General of OAU, informed the President of the Council for Namibia that, -tI \ ') in the framework of the co-operation between the OAU and the United Nations and in view of their common objective of liberation of Namibia, he would be glad to I welcome in Addis Ababa a delegation of the Council for Namibia and to facilitate " \- all the contacts that would make the mission a full success. 93. Consequently;. the President of the Council, accompanied by ,the representatives of Guyana and Zambia and by the Principal Secretary, arrived at Addis Ababa on 15 June 1971. The delegation was greeted by the Administrative Secretary-General and by the Assistant Secretaries-General. On the same day it attended the formal opening of the seventeenth session of the OAU Council of Ministers by His Imperial Majesty Haile Selassie I. 94. The next day the Presidnet of the Council for Namibia addressed the Political Committee of the OAU Council of Ministers on the question of Namibia. After recalling the history of the establishment of the Council for Namibia and its terms of reference, he described the activities of the Council. Despite South Africa's continued illegal occupation of the Territory, barring access to Namibia$ the Council had been able to make some progress towards the fulfilment of its responsibilities, particularly with regard to Namibians living abroad. The Council had devoted its efforts to measures aimed at alleviating the difficulties encountered by Namibians outside the Territory. These included the issuance of travel documents recognized at present by more than half the membership of the United Nations, the negotiation of agreements on the right of return or Namibians with Governments of countries harbourl'ng Namibian refugees, the opening of a regioJ;lal office of the Commissioner f,,)r Namibia in Lusaka!) the question of educational and training needs of Namibians. 95. The President of the Council strongly appealed to the countries members of OAU to participate in the recently created United Nations Fund for Namibia and the educational and training programme for Namibians. He also stressed the need for close co-operation between the Council and OAU. A strengthened co-ordination between the two bodies in a n'wmber of areas would greatly benefit their common I endeavours for the cause of Namibia. It would be to the mutual advantage of OAU and the Council if OAU would accord without reservation full recognition, credit and co-operation with the work of the Council regarding Namibia. Some examples of r such a fruitful co-operation could already be found in the areas of placement and I education of refugees. It could be intensified in other areas like the exchange of information and the co-ordination of assistance to Namibian refugees. It was the wish of the Council that the two bodies should hold periodic consultations on certain sub0tantive matters as and when possible. 96. The Political Committee of the OAU Council of ~ainisters took note with appreciation of the statement of the President of the Council and decided to have the statement circulated as a conference document. -71- , '. .••• ..'. W&c"~~'~~Tr.'7-!~'~~'~~~~~••ill'lll1Mli"K@rl1!.!IIll[lll.g.~'~l(I.UMIUj.I ,J.J.tlffMJJIIII.__ .._-'-----~--~-~--_ ....._.~._-_._-~_._-_._-~ IV. CONSULTATIONS WITH NAMIBIANS A. Interview with a Namibian student at Lagos 97. Mr. Eugene I. Kakukuru informed the Council (through the Secretariat) that he was one ef two Namibian students studying at the University of Ibadan in Nigeria. The other was Mr. N.K. Nauyala. Mr. Kakukuru said that his colleague, who was unable to be present because he was preparing term papers, asked him to report to the Council what they had agreed upon. ." 98. He related the difficult.ies chey experienced in Namibia regarding education. . He said that their educational background was very poor when they left the Territory. They came to Dar-es-Salaam where they were able to acquire some preparatory educational background in order to qualify for admission at the University of Ibadan. However, they were having serious difficulties at the f1 University because their status there was "occasional students , that is, not full-time students and, even though they took all the required courses at the University, they were not permitted to sit for examin~tions. The only examinations they were permitted to take were those from a London University. He was not sure whether the curriculum on which the London examination was based was similar to that of the University of Ibadan. For this reason they never passed the London University examinations. He added that they had been advised by the UNDP office in Lagos that unless they could acquire full-time status at the University of Ibadan by the end of the year their United Nations scholarships would be terminated and they would be asked to go back to Dar-es-Salaam. He also mentioned that they had applied for admission as full-time students at the University of Ife in Nigeria, but they have had no response. He requested that the Council look into these matters ar..< f '·pressed the hope that there would be a favourable response. 99. He also handed the Council a copy of a memorandum dated 21 Hay 1971 and addressed to all Namibians, with a request that the Council consider it in the near future. The theme of the memorandum was that if' ever there was a time when greater unity among Namibians was desired, that moment was now. The memorandum was submitted through Mr. Sam Nujoma, President of SWAPO; Mr. M. Kerina, leader of SWANUF; and Mr. V. Mbaeva, leader of SWANUF'. 100. Writing as patriots from Namibia the two students expressed their deep concern l , over the future destiny of Namibia which they felt could be properly shaped or could be ruined by their present leaders, NUjoma, Kerina and Mbaeva. TLey appealed to all Namibians to show an equally deep concern over the future of Namibia, to overcome personal differences and unite in order to achieve the liberation and independence of Namibia. Without unity, South Africa would remain in pdwer and control and would enslave their people. The continuous presence of South Africa's apartheid regime in Namibia was not the fault of the United Nations or OAU. Namibia's guilt was in Namibians 9 failure to unite. The constant appeals of international organizations and institutions for Namibian unity had not influenced the thinking of most Namibian leaders. To carry their point of unity further, the example of the combined strength of the ~apitalist western world and the communist eastern world in defeating Facist Germany was cited. The inference was that if , -72- '.;_~~II""' .JI!L!L~'-,!I~~~~"",""~""'oW'''.~~'~''i''i'iI?'~'~,*,,''''''!;J;ri''f!);'''',r,,,';;"·""',,,~·,,q,",,;~ li"'C'-:· .. - .. .__..•------"-,-... ------c- --,.-.----,-~-.>-.-.. -._ ..:.__ "_...... c.__._"-•.,_·--'....__.-.~ •._~ .-. __...-0.-,_._,. . __ ,_~~~ ...... ,_...... __.•_ c· ••;-...:.:..---__..• :.... _~. __.• ~._.••~.... '_._ _""'.c..' . ___...... __.;<:litZ----s.: X_:JJJ.llliSU••'.a:•••;;------_:.:lL...t .a_t_;•.lfiiir__I!I.•u.a.a.t••s.ii•••L!Il!!!L.I!i.. __ JJJ..•.•: .l.~------ capitalists and communist forces can unite to def8at a, common enemy - Fascist Germany - then Namibian political entities can unite to defeat their common enemy South Africa. P. Consultations with representatives of SWAPO at Lusaka 101. Mr. Mo,ses Garoeb, Administrative Secretary of SWAPO~ and the following off~cers of' the party appeared before the Council on 10 June 1971: Mr. Joseph Ithane, la. Treasurer General, Mrs. Putuze Appolus, Member of the Women's Brigade, Mr. Peter Nanyemba~ Executive Member, and Mr. Sakania Shikomba, representative in Zambia. The Council had two meetings with these representatives, one open and one closed. 102. Mr. Garoeb first expressed his sincere gratitude to the Government of Zambia and in particular to President Kaunda, who had consistently shown his interest in solving the Namibian problem, as once more exemplified by making it possible for the Council to hold hearings in Lusaka. The SWAPO was well aware of the difficulties the Council was facing in fulfilling its responsibilities and was not expecting miraculous performances from the Council. It was conscious, however~ that the Council was trying its very best ~ under conditions 'Yrhich were tantamount to delib e ra te sabotage, to fulfil its obligations to the people of Namibia. Mr. Garoeb noted the s progress and the achievements the Council had made in arranging passports for Namibians and in particular the agreements reached with several African countries. A number of Namibians who had been issued travel documents by the Council had been able to take up scholarships offered by sympathetic Governments and organizations abroad. He was paying tribute to the very satisfactory work that had been done by 9 ~d the regional representative of the Commissioner s office who had not only established excellent liaison with the Government of Zambia but also with SWAPO. 'f La, 103. The formal opening of the Commissioner's office in Lusaka was 'viewed as a significant achievement of the Council. There was no doubt that this office would serve a very important purpose in the Namibian struggle for freedom and national independence. Nevertheless, it remained the Counci1 9 s d~ty to strive· consistently to establish its authority in Windhoek as stipulated under its terms of reference. 104. Mr. Garoeb informed the members of the Council teat among the crimes r South Africa was committing in Namibia was the introduction of apartheid and all that went with that evil system and also the isolation of Namibia from the rest of the world. At present hardly any news emanated from inside Namibia except that rn coming through SWAPO channels. No foreign, or even South African journalist was llld allowed to venture into Namibia. 105. Mr. Garoeb wished to inform the Council that d'uring the last two months serious clashes had taken place between the South African armed forc'es and the SWAPO guerrilla fighters. Most of those clashes had taken place in the Caprivi , s Strip. Last month had seen the escalation of this war when 15 South African soldiers were killed by mines laid by SWAPO guerrilla fighters. There was a violent and vicious war now raging in Namibia where pitched against South Africa's military might there were simple, innocent Africans who had only justice as their d. he strongest weapon in their struggle for life and death. Because of this war of liberation now raging in Namibia, and in an attempt to suppress it ~ the South .African t -73- ~"'.~'~lJlI ";·0 __ ~••__•• .~hj ....;_...._ •• ,------..- Government had resorted to counter measures which compared not unfavourably with those of Nazi Germany. The racist Government was currently carrying out a large scale evacuation of Africans from the Caprivi Strip and the Okavango, two regions in which SWAPO guerrillas had been most active. If carried out as announced) this forcible evacuation would affect the lives of over 50~000 Africans who had lived in these regions since time immemorial. This removal was carried out under the pretext that it was nto protect them from terrorists n who had allegedly t1infiltrated!1 from Zambia. The real reason, however, was to isolate the people from the freedom-fighters.and to turn these districts into military zones. As a matter of fact, the Caprivi Strip had· been sealed off to anyone except the South African armed forces. Hundreds and hundreds of Africans had fled their villages to find refuge in.the bush. The South African army shot at these innocent 1 villagers on sil?;ht, under the pretext that they were 7!terrorists· • It had been a common practice in Namibia, especially in regions where SWAPO guerrillas had been most active, to shoot indiscri~inately at innocent men, women and children, and the situation was worsening every day. The Council must take very serious note of this situation. 106. Mr. Garoeb confirmed that, meanwhile, the South African Government was offering large amounts for the capture of SWAPO leaders, dead or alive. Only recently, a price of £10,000 was set on the head of Israel Iyambo, the SWAPO military commander in Namibia's northern region (Ovamboland). The Council should, in view of South Africa's crimes in NEunibia~ mount a systematic propaganda campaign through journals, newspapers, radio~ television and other mass media to bring Namibia problems to the attention of the international community. The Council had a vital role to play in breaking down the wall of silence South Africa has thrown around Namibia. Mr. Garoeb also stressed that the Council should endeavour tc make its existence better known inside Namibia. While the people of the Territory were aware of the existence of the Council, they were not aware of its activities. There were several ways in which they could be informed and SWAPO would be willing to assist in this. It would also be important for the Council to pay occasional visits to Namibian refugees in Zambia and Botswana. In short, as the Council could not at present exercise its authority inside Namibia, it should endeavour to engage·in such activities as to make its existence known inside the Territory. 107. After his formal statement of introduction, Mr. Garoeb replied to a number of questions raised by members of the Council. ~Tith regard to the plebiscite, proposed by South Africa at the International Court of Justice in the Hague, he said that the policy of South Africa was to divide the people by bribing the chiefs in order to swing the plebiscite in South Africa's favour. That type of plebiscite was, of course, completely unacceptable to SWAPO which had made its position on the issue very clear at the time. On the question of the relevance of other Namibian political parties or groups, }1r. Garoeb said that in every nation as in Namibia there would be different points of view on political questions but the present time was one for unity to fight South Africa at the front. Activities abroad, specially outside Africa had no bearinB on the struggle. In reply to other questions, Mr. Garoeb gave an account of military operations during April and May of this year. He added that no Namibians were fighting on the side of South Africa as they were barred from the army by law. It was true, however, that South Africa was paying substantial bribes to informers and trackers. SWAPO did claim responsibility for the mining of the railway near Windhoek. 108. Coming to the question of refugees, Mr. Garoeb said that it was very difficult to keep an accurate account of the number of Namibians crossing into Zambia because they often stayed around the border villages with relati,res and friends. Even the figureG for the settlements and cam~s were not necessarily accurate because there were fluctuations in view of the differ~nce between death and birth rates. It was also true that many of the refugees were leaving the camps since they were fishermen who preferred to engage in their profession on the banks of the Zambesi River. As to education, he thought it would be very difficult to establish a special school for Namibians since there were already school facilities for all refugees operated by the Zambian Government. What was most needed was vocational nt and trade schooling, as many of the refugees were not qualified for secondary and academic studies. For those who had an aptitude for academic and pre-academic studies the Government should either admit them to special classes or else lower e the school's standard for admission. However, too many scholarships could not be filled because of lack of funds for travel or, in other cases, because the qualifications could not be met. In regard to the latter problem~ he found that countries of Eastern Europe had not only been more understanding but also seemed to g have methods by which certain gaps in education could be by-passed by concentrating immediately on the main subject of instruction. rtr. Garoeb then discussed problems r of placement of graduates who had been abroad for a long time. The struggle for freedom could, of course, be served in many ways but it was a duty for all to take part in the armed struggle. It was SWAPO's aim that students abroad should return after the completion of their studies and join in the armed struggle in which their 1 new skills would be most useful. 109. Returning to the question of the dissemination of information, Mr. Garoeb mentioned the radio facilities made available by the Government of the Republic of Tanzania and hoped that the Government of Zambia would also open up their airwaves for special programmes about Namibia. bl Much, he felt, could be done by the United Nations. He mentioned a monthly newsletter similar to bulletins often issued by Governments. He also touched on possible contributions by United Raticns radio in Africa if and when it was established and the possibility of its broadcasts penetrating into Namibia. The main material support at this time given by the United Nations to Namibia came from the Consolidated Fund. Other assistance came from the UNHCR. UNESCO, through OAD s had requested a list of requirements to which SWAPO had replied, also through OAU, but so far no answer had been received. SWAPO was willing to receive help from a.ny sources that were offering them but it s preferred to get them through the United Nations and the specialized agencies. e 1 Co Consultations at Nairobi 11 1. Representatives ~f SWANUF. 110. Addressing the Council on behalf of SWANUF, Mro Chawila welcomed the Council d r to NairObi, expressed thanks for the work the Council had done and thanked the I Kenyan and all other Governments for the understanding and hospitality extended 'I to Namibians. t -I \ ,I 1 I I bl The Council subsequently conveyed that request to the Government of j Zambia which indicated that it was prepared to grant SWAPO radio broadcast time: I ! -75- Ill. He expressed his organization's satisfaction regarding the Council's reaction to some proposals it had made to the Council a year ago and said that SWANUF was r confident that the Council would provide education for Namibians regardless of 1 political affiliation. This commitment of the Council, he said, underscored its , awareness of the evils of Bantu education provided in the Territory by South Africa. He appealed to Namibians to take advantage of the educational facilities so that ~ they would be able to serve their homeland in the future. ,i 112. Mr. Chawila welcomed the issuance of the Council's travel document and added that it would greatly facilitate the struggle for education. He called the CouncilP. s attention to a situation which had allegedly taken place in Lusaka, Zambia, , 1 recently. He said that the Council 9 s representative in Lusaka refused t.o issue the Council's travel document to some SWANUF students studying at the Nkumbi school. He warned that such practices could only help to diminish the students' hope in the Council. He appealed to the Council to look at all Namibians as one people irrespective of party affiliation. He also expressed the hope that the Council's travel document should not be used to lure SWANUF members to join SWAPO. SWANUF recognized the Council as the Government of Namibia. Party differences among Namibians did not affect this recognition. 113. Mr. Chawila said that the difference between SWANUF and SWAPO was fundamental. The two organizations had different approaches to the main problem of liberating their common country. He said that SWAPO was an organization founded on tribalism and an Ovambo organization whereas, SWANUF consisted of the Caprivi African National Union (CANU), the National Unity Democratic Organization (NUDO), South West African National Union (SWANU), South West African National Independence (SWANIO), South West African Dorama Union (SWADU) and Baastersraad Coloureds Organization. In addition, he said that SWAPO, without properly trained men, engaged in sporadic attacks mainly for propaganda purposes and that these attacks.occurred only a few months before the OAU meetings. On the other hand, SWANUF believed that long training periods were necessary and would use force only if all remedies under the Lusaka Manifesto had failed. 114. He said that SWANUF organizations together had appealed, but without success, to the African Liberation Committee to make SWAPO unite with them in a common machinery to pursue the Namibian freedom struggle with greater effectiveness. He said that as long as SWAPO hid behind the Liberation Committee 9 s recognition, it would not face up to the real question of unity. .... ,~. 115. Mr. Chawila stated that the organization welcomed both the Council's initiative in including Namibiau representatives in the work of the Council a.nd the proposal for R meeting of all Namibian political parties. He called for a Namibi~n conference to be held in Zambia in the near future. 2. Namibian students 116. In addressing the Council, Mr. S.L. Taapopi, spokesman for the Namibian students in Kenya, expressed the thanks and appreciation of all the students for the work that the Council, since its establishment, had been doiIl;3 for all Namibians. He said that the students in Kenya were aware of the many obstacles confronting the Council. These obstacles existed because of South Africa's apartheid regime, its defiance of United Nations decisions, and the economic and military assistance it received from certain Western Powers. Notwithstanding all this, the Council must seek to establish itself in the Territory so that independence for Namibia could be achieved. Despite the fact that Namibia was under international responsibility, the :a. real fight for independence had to be undertaken by Namibians themselves. He appealed to the United Nations, the Council for Namibia and non-governmental organizations for their continued assistance, which he deemed vital to the Namibian struggle for independence. 117. Mr. Taapopi recalled instances in which he felt that the United Nations and the Council were not fully meeting the pressing needs of Namibian students outside the Territory. He appealed to the Council to urgently find ways and means to alleviate the diffi~ulties of students in Kenya, especially those in Nairobi • .e 118. He complained about the almost complete lack of educational facilities for Namibian students in Kenya, the lack of social welfare assistance for Namibian students in Kenya, and the total lack of livelihood for the students in. Kenya., There were 70 Namibian students in Kenya and out of this number only 30 were on scholarships, each receiving 100 she per month. The 40 not on scholarships were suffering, without any means of support. The 100 she are given to the scholarship students through the Joint Refugees Services of Kenya from joint contributions of the World Council of Churches and other foreign donors. The 100 she per month were inadequate since it was the only source of income and had to cover every m .al expenditure of each student. This state of affairs was costing some students their .n sanity. In the case of those not on scholarship the situation was completely hopeless. He asked the Council to review the standard set by the Consolidated Fund in granting scholarships w~th a view to changing it and making it adaptable to the needs and problems of Namibian students. He asked that the Council take up this matter urgently so that a further destruction of Namibian manpower might be avoided. 119. Mr. Taapopi called the Council's attention to the plight of the seven Namibians who left Ethiopia for Kenya in early January 1971 and asked the Council's special intervention with the Kenyan Government on their behalf. He appealed. to the Council for special assistance to student Hamapunda H. Hidinua in the Federal Republic of Germany, who for the past months had been having serious problems. Specifically, he asked that the Council arrange the student's return to Kenya and his possible admission to the University of Kenya, where he had. already made application. for admission. He mentioned three students, recent graduates as Animal Health Student Assistants from the Animal Health and Industry Training Institute, Kabete, Kenya, who had been unable to find jobs. He appealed to the Council for help in finding them jobs or scholarships. 120. Regarding liberation movements and other political activities outside the Territory, he cited the lack of leadership as the main cause of their poor performance and poor aChievements. He deplored the ideas of dialogue and plebiscite, rejecting them completely. He supported fully the decision of the World Council of Churches in supporting the liberation movements. He expressed gratitude to all those African countries which had signed travel documents agreement with the Council and thanked those countries which accepted as valid the Council's travel documents. ns. e -77- :ir'''·;':\~''lE~:;;t·~·~~~.~ - '" .~ ,il;. .••.. ~ ..... • ...... -.__'-~_.-._...... _._._._.~ ~_._. ~__' ...l_..o.._...... , ,;....,;. · ~l 2 am a :: ; i2! 121. He made the following six proposals fOT inclusion in the Council's future work: (a) The esta~lishmlent of a special educational and training programme for Namibians under the Councilvs direct control and financed from the regular United Nations budget; (b) The establishment of a United Nations fund for Namibia, as requested by Security Council resolution 283 (1970) of 29 July 1970; (c) The establishment of an emergency programme for Namibia in co-operation with various specialized agencies; (d) The issue of travel documents to Namibians~ (e) The participation of the people of Namibia in the work of the Council; (f) The convening of a conference on Namibia. 122. He put forth the following two proposals to the Council for immediate consideration: (a) The establishment under the Council's superV1Slon of a Namibian educational and training institute preferably in the Republic of Botswana, to be financed by ways and means best to be sought by the Council. The institute should consist of two departments, one for academic education and the other for technical training. It should be staffed by qualified dedicated Namibians assisted by foreign experts to be selected and appointed by the Council on the advice of the people of Namibia. The syllabus was to be based on the real needs of the Namibian people. (b) The present system of scholarship award should be long-term and optional as far.as possible - long-term~ i.e. five or six years or as otherwise required by the student to reach his or her goal without disruption; and optional~ having in mind the question of age and educational background. That is~ a person inten1ing to pursue vocational training - carpentry) arChitecture, tailoring~ etc ... should be allowed to do so without hindrance instead of everybody being forced into primary or secondary school education where he or she finds a lot of difficulties~ and produces nothing. Emphatically ~ the students urged the Council to get them scholarships - technical or academic - preferably abroad. 123. The President thanked ~~. Taapopi for his statement. He emphasized the necessity for continued co-operation between the Council and the students. The students answered questions from members of the Council. Mr. Taapopi presented a list of Namibian students in Kenya together with his statement. D. Consultations with representatives of SWAPO in Cairo 124. On 16 June the Council met with two representatives of SWAPO,Mr. Solomon Mifima and Mr. Vinnia Ndadi. Both declared that they had no formal statements to make but were in part expecting to receive information from the Council. Their main -78- preoccupation was to know what possible course of action the Council contemplated since it had never been allowed to enter the Territory and administer it from within. They were interested in knowing how the Council intended to fulfil the obligations of its mandate. They stressed the illegitimacy of the occupation of Namibia by South Africa, explaining that theirs was purely a colonial problem and that the question of apartheid played only a secondary role. The fight against racism was only second to the fight for independence. Difficulties experienced by Namibians living abroad included the usual problems of lack of schooling, over-age of Namibians and language. 125. Some members of the Council mentioned the possibility of creating a special United Nations school for Namibians, for all levels of education, a prospect well received by the Namibian delegation. Assurances were also given to SWAPO 1 ~ representatives that they would receive United Nations documents in the future, either through their representative in New York~ Mr. Geingob or by including their names in the distribution list of the United Nations. Mr. Hifima, in turn, distributed brochures published by SWAPO in London and a 'war communique relating to the guerrilla action since April 1971. 126. The specific problem of Ovamboland was evoked by Mr. Ndadi. It was a cause for great concern on the part of his people, without any precise information on the subject; it was felt that South Africa was trying to develop the region to the detriment of the rest of the country, thus indicating a possible threat of partition. The South Africans were trying to "buy out" the support of the people of Ovamboland i for their policy. 127. Concerning the p:cesence of Ovambo people in Angola, the representatives of SWAPO were asked whether the freedom-fighters of the two countries joined forces in 1 the armed struggle. Mr. Mifima answered in the negative. In reply to another question, Mr. Mifima pledged the total commitment of SWAPO to the armed struggle for independence. He wanted in turn to know if the United Nations was committed to help the liberation movements. Some members of the Council assured the Namibians of their Governments' whole-hearted support. 128. Mr. Mifima inquired about what had become of the idea of a general conference " on Namibia to be held this year. In view of the decision of the International I Court of Justice it was important that this project took place without delay. Namibia should be on the world map this year. The acting President explained the difficulties which tIle Council encountered in organizing this conference. They were due mainly to the lack of unity among Namibians. E. ConSUltations with representative of SWAPO in Addis Ababa 129. The delegation of the Council held consultations in Addis Ababa, on 16 June 1971, with Mr. Andreas Shipanga, ~1ember of the National Executive of SWAPO and Secretary for Information and PUblicity. As the meeting took place just a few days before the date set for the advisory opinion of the International Court of Justice, the action to follow the delivery of the advisory opinion was one of the na main topics of the consultations. Mr. Shipanga stated that, should the opinion of the Court be a favourable one, the position of South Africa as a trespasser in -79- :1.- .. ,. , Namibia 'Would thus be once more confirmed. Consequently South Africa should be treated as a trespasser. The struggle to oust South Africa from Namibia should be intensified, both militarily' and diplomatically. SWAPO was taking the proper measures to speed up the military action. 130. He also said that SWAPO was, at the same time, actively trying to inform the population of Namibia, from within, of the present state of affairs concerning Namibia. A wide distribution of information pamphlets printed inside the Territory was being conducted by SWAPO. The party would use the same means to bring the forthcoming decision of the Court to the knowledge of Namibians. To a qu~stion from Mr. Shipanga regarding the future action of the Council, the President declared that the 'Council would discuss and map an appropriate programme of action after the opinion of the International Court is delivered. " 131. Answering a question regarding a plebiscite in Namibia, Mr. Shipanga said , that his organization had always claimed self-determination for Namibians. It was therefore favourable in principle to a consultation of the Namibian people. But certain conditions had to be met in order to ensure the validity of the consultation. A plebiscite as proposed by South Africa was totally unacceptable.- In no circumstances could South Africa participate in such a consultation. In the opinion of SWAPO a "plebiscite" in Namibia could be genuine only if carried under the following six conditions: (a) A generral climate of peace, harmony and free political activities must prevail throughout the country to ensure the participation of all Namibians, l1 irrespective of race, creed or colour, in a "plebiscite ; (b) Noting that Namibia was at present under South African military occupation, li a genuine '1pl ebiscite could only be carried out if all the South African troops and police were withdrawn from Namibian Territory; (c) The unconditional release of all Namibian political prisoners currently impriso~ed in South Africa as well as those now being held in Namibia; (d) The return to their country of all Namibians currently in exile without " risk of arrest, detention, intimidation or imprisonment; (e) The dismantling of all Bantustans which aimed at dividing the people on ehtnic basis; and that such a "plebiscite!; be conducted on the principle of " one man, one vote"; 17 (f) That such a "pl1ebiscite be conducted under the joint supervision of the United Nations Committee on Decolonization, the United Nations Council for Namibia and OAU. 132. The attention of Mr. Shipanga was drawn to the resistance of the Herero people and their leaders to the South African administration. As for the accusation formulated in some quarters that SWAPO was based on tribal lines, Mr. Shipanga said -80- that the Ovambos constituted the largest tribe in Namibia. It was therefore not surprising that a majority of the members of SWAPO should be Ovambos. However ~ he emphatically affirmed that SWAPO included members of all the tribes in Namibia. Concerning the idea of discussing with other organizations of Namibians~ Mr. Shipanga said that SWAPO was confident enough in its strength and its action to be prepared to talk with anyone. F. Consultations held in Stockholm 1. Representatives of SWANU " l 133. One important reason for the mission's visit to Stockholm was to consult the representatives of the Namibian people pursuant to the relevant resolutions of the General Assembly. The Council, therefore, in planning its programme of work, took every precaution to ensure that the largest possible representation of Namibians living in Europe would be present in Stockholm. 134. On 18 June, the Council held a meeting with a delegation of SWANU led by Mr. Charles Kauraisa ~ Chairman of the SWANU External Council. The delegation included Mrs. Nora Chase, Secretary for Education and Cultural Affairs of the SWANU External Council and Deputy Head of the delegation~ Mr. Munguru Huaraka, Secretary for International Relations of the SWANU External Council, Mr. Godfrey Gaoseb, Secretary of the SWANU External Council, Mr. Moses Katjitongua, Secretary of a department of the SWANU External Council and Editor of the South West Africa Review, Miss Erika Pumootu Kauaaka, member of SWANU attached to the Department of Foreign Relations~ Mr. Hiatjikunga Ambrose Kandjii, Member of SWANU attached to the Departm~nt of Information, Mr. Festus Muundjua, member of SWANU in charge of SWANU relations with the United Nations and adviser to the External Council on United Nati.ons affairs. 135. In opening the meeting with the above-mentioned Namibian repres~ntatives, the President of the Council reiterated the provisions of paragraph 1 of section II of General Assembly resolution 2248 (S-V), whereby the Council is called upon to administer Namibia until independence, with umaximum possible participation of the people of the TerritoryH. The President made it clear that the Council was not going to interfere in any internal political problems. Speaking on behalf of the Council, the President emphasized the right of the people of Namibia to self determination and described the goals of the Council for Namibia which should be the same as those of the representatives of the Namibians. In trying "to help the Namibians to help themselves a , the Council was not, the President emphasized, favouring any specific party, as clearly stated in the terms of reference given to it by the General Assembly to fulfil its task. 136. The speaker for the delegation complained about the lack of particiption of the people of Namibia in the work of the Council, and insisted that the Council should consult the representatives of the Namibian people on all matters concerning the Territory. As pointed out by its spokesman, the position of SWANU regarding -81- -J I: . id!£! Ub tag ..... : 1111 ; nu 11. as it$ ! the name of Namibia glven to the Territory remained unchanged. The representatives of SWANU reiterated their demand for a plebiscite in the Territory regarding the adoption of the name Namibia. 137. The SWANU statement was critical of the Council~ concerning the participation Ij of the people of the Territory in the Council vs work. O:ace again SWANU accused li, . the Council of being in close consultation with CAU, which sponsored SWAPO as spokesman for the entire liberation movement in the country. Mrs. Chase criticized the designation of Mr. Sarn Nujoma to represent the Territory at the tenth session of the Economic Commission for Africa, which was held in Tunis from 8 to 13 February resu~t affirming that this choice was the of the Council's recommendation, and -.' j taking it as a proof that the Council w~s biased. 138. The Chairman of SWANU,answering a question from a member of the Council, said that it was very difficult to discuss the situation inside the Territory; however, the Pretoria regime was aggravating the tribal problem by creating small separate tribally ba~ed governments in Namibia. He also said that news coming to him from the Territory was'rather unfavourable to the Council. Although he has been out 'of the country for many years, Mr. Kuraisa assured the Council that he was in possession of information collected by people who had left the country recently. 139. In reply to a question about the difference between SWANU and SWAPO, the spokesman for SWANU said that the difference was that SWANU's entire executive council was inside the Territory, but avoided speaking about the armed struggle; regarding their relations with SWANUF, the SWANU representatives denied any connexion with this party. Concerning the question of a plebiscite, Mr. Groseb stated that SWANU was not opposed to the idea of a plebiscite regarding the future of the Territory. 140. In reply to a question of Mrs. Chase concerning seven students in Poland who could not obtain the renewal of their scholarships, the representative of the Commis·sioner for Namibia explained that the Council had no power to allocate scholarships or send money, but it had tried to help in the case of the seven students; however, the decision of the Government which gave the scholarships was negative. Statistics were given to the President of the Council who wanted them in order to facilitate the task of the Council, in particular the names of the seven students who were recently expelled from Poland without apparent reason and who were at present living in West Berlin in a very precarious situation. The President of ~he Council stressed the importance of the efforts of the Council during its current trip to obtain scholarships and educational arrangements for Namibians regardless of their political affiliation. The regional office established in Lusaka would give all possible help to any Namibian that sought assistance from the Council for Namibia. J 1J 141. Mrs. Chase in reply to a question, presented 'a picture of the educational system in Namibia, which is divided in three categories: education for whites, compulsory and free until the age of 16; education for coloureds, neither free nor compulsory; and finally, education for Bantus, the worst of all. Science and mathematics were not taught to Bantus and English was taught only in the fifth or sixth years of study. -82- struggle~ s 142. Regarding the arned the position of SWANU, as stated by its Chairman, was rather unclear, and the menbers could not get precise answers, SWANU again reiterated its accusation that SWAPO was a regionally oriented organization, enjoying support an~ influence only in the northern part of the Territory and carrying no support in the central and southern parts of the Territory where the Hereros, N~as and Danaras wer.e located, which, it claifled, were under SWANU's influence. The spokesman for SWANU emphasized that his ~oveTIent was not a menber of d the united front of SWANUF. ry 2. A non-politically affiliated Nanibian ',1 j 143. Following the hearing of the SWft~ delegation, the Council heard a Namibian, Mr. Hans Beukes, who described hinself as independent and who made a statenent. •4 1 Mr. Beukes was a former student in Oslo where he still ~esides. He used to work at a professional level with the Ministry of Finance in Norway, but was now starting research on the problEm of alternatives to apartheid in southern Africa, at the International Institu.te f'Jr Peace Research in Oslo. He stated that since he left Namibia in 1959, he ha-d been involved with the problems of his ~ountry and he appreciated the efforts of the Council towards the liberation and the advancement of the people of Namibia. He took note of all the achievenents of the Council in the flatter of education as well as in the r:atter of travel documents. Mr. Beukes flade some suggestions regarding the Council's oblif,ations as a legal administrative pOvn~r for Namibia. The members of the Council, favourably impressed by Mr. Beukes' interesting views and ideas, asked him to develop his remarks and to send them to New 'York. In reply to a question about his personal attitude towards the different parties, he said that, although he did not belong to any party, he thought that SWAPO was the nost representative of the people of NaTIibia and agreed with its aifls and actions. Regarding the granting of a United Nations scholarship that would enable Mr. Beukes to continue his research, the representative of the Acting Commissioner for Namibia assured him that his case had been seriously taken into consideration, but no provisions were available up to the present time for the very high level of studies he was pursuing. The matter could be reviewed, however, when the Fund for N~libia is actually established. 3. Other representatives of SWAPO ; 144. The delegation of SWAPO 'VTas headed by Mr. Sarn Nujoma, President of the party. He was accompanied by ~~. Ben Amathila, Assistant Secretary of Education and Culture, Mr. Peter Katjouivi, Secretary of Economic and Legal Affairs and representative of '~ § m~APO in the United Kingdom, Mr. Ewald Katjivena, memberJf the Executive, Committee and representative in Algeria, and Mr. Alpo ~fuarnba, member of the Central Committee and deputy representative of SWAPO in Scandinavia. 145. Mr. Peter Katjavivi delivered a statement reaffirming the position of SWAPO. He expressed gratitude to the Council for all the work it had done for Namibia and Namibians. SWAPO was satisfied with the decision to appoint Mr. Sam Nujomaas a representative to the Economic Commission for Africa and he expressed appreciation that a regional office of the Acting Commissioner for Namibia was opened in Lusaka. This would be a great help to those Namibians living outside the Territory. The picture given on the situation of the Territory was very depressing. According to the SWAPO spokesman, in recent months the armed struggle had gone into a new phase and a series of encounters with the South African army had taken place, which led -83- _..... ,_."L,. to the official admission by So~th Africa that SWAPO guerillas had been operating for some time with incree.sed .strength ~ uEl~ng new tac~~ics.\ 146. Mr. Katjavivi reported that the negotiations in Brussels for permission to hold the Namibian international conference were in their final stage and that on 14 June the Belgian Socialist rar~y hadagr~ed to sponsor tbe conference. . ,• I • 147. Mr. NUjoma. President· of SWAPO, stated that he was aware of the very difficult situEi"tion faced by the Councilfo:r N~ibia. The oppressed people of Namibia would continue to support the armed $trugg1e within' the Territory if they heard that the Council was doing whe.tever ,it could for the cause of Namibia.' .' . f ) 148. After the delivery of the advisory opinion by the International Court of Justice, the question of Namibia $nould Qe debated directly in a plenary meeting at the next session of the General Assembly_ The Council for Namibia should recommend that the United Nations send an investigation committee to inquire about the situation of the Namibians held ~risonersin South Africa, and particularly on Robben Island. News received by SWAPO indicated that Namibian prisoners were treated more harshly than other prisoners. It would also be important to know how many Namibians were held prisoners in the various South African prisons. 149. Mr. Nujoma appealed to the Council for an effort to expand the educational programme for. Namibians. He emphasized that education was very important and that the more educated Nandbians there were the better the education was. It was import~nt for the people of Namibia to have a number of educated and well trained people at the time when Namibians would take over the administration of their country. 150. To a question concerning the other Namibian parties, the SWAPO representatives indicated that their party was the one actually fighting within the Territory. Asked if SWAPO would accept members of other parties to join forces with them, Mro Nujoma replied positively, provided that these people agreed to take part in the armed struggle. Any member of SWAPO was bound to fight sooner or later within the Territory. 151. Regarding the possible action after the favourable decision by the Inter~ational Court ot Justice, SWAPO representatives indicated that the Council should look into the possibility of levying taxes and collecting royalties from companies operating in Namibia. 152. As for the forthcoming international conference on Namibia, to be organized by 1. ~ SWAPO, the. representatives of the party were asked who would participate and if other Namibi~ parties and movements were invited. The reply was that international and national organizations, as well as prominent people interested in the problem of 1 7 Namibia, woulCi'participate. The spokesman stated that the organizers were not discriminatirlgagainst anyone and that other ~Tamibians would be welcome if they asked· to participate. A document on the proposed conference was then handed to the members of the Council. -84- ...... I •-• ~ ,,' .'" ~ ~ _ ~ _.. . '" • .. .. < _""",-<, • _-44 ..n ...... - rJ.. ~ ,. , .LJ v. CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE COUNCIL'S MISSION TO AFRICA AND EUriOP~ ,t 153. The COlmci1's mission to Africa and Europe in June 1971 was undertaken under the terms of operative paragraph 13 of General Assembly resolution 2678 (XXV) of 9 December 1970, in which the Assembly requested the Council to continue to perform , ) the functions entrusted to it by pre'\7'ious Assembly reso1ut.ions, including consultations in Africa with the representatives of the Namibian people and of OAU. During the Council's mission the Minister of State for Home Affairs formally opened ,t the regional office of the Commissioner for Namibia in Lusaka. The mission discussed ,d problems of common concern with the political leaders and senior government officials of the countries visited, the representatives of the Namibian people and of OAU. In this way the Council's mission was able to help in alleviating th~ plight of a number of Namibians in certain countries who were experiencing difficulties. 1. Travel and identity documents 154. While the mission was in Africa it concluded with the Government of Kenya an agreement on travel documents, including the Bright of return" clause, and a similar agreement with the Government of Nigeria was initia11~d. Signature and ratification by the Nigerian Government were expected shortly. ~ou:r Governmen'ts Zambia, Uganda, Ethiopia and Kenya - have now concluded such agreements vdth the Council. Substantive discussions were also held with the Gove~nments of Nigeria, s Kenya and Zambia regarding the possibility of issuing the Council's identity document?>.:> Namibians within their borders. The mission recommends that the Acting Commissioner should pursue 'this matter further, possibly also with these and other he interested States. 2. Education and -training programme for Namibians 155. The mission had consultations wi,th the representatives of the Namibian people and with Namibian students. As a result the mission concluded that owing to the very poor level of education and training in the Territory, Namibians in general are unable to compete on an equal basis with Africans from other parts of southern Africa for scholarships, especially under "the consolidated United Nations Progr&mme. The 'f If'1 standards set by the Programme precludes, in the case of a large majority of the Namibians, the possibility of pursuing secondary or higher studies abroad under its al scholarship programme. In this connexicn, it should be noted that the ~ission was 7 of 1 able to obtain offers of scholarships for higher education for Namibians from an African university. e 156. On the basis of suggestions made to it, the mission recommends that r~rther consideration should be given to the proposal for the establishment of a school for Namibians, preferably in Lusaka, Zambia, to afford this category of Namibians seconda~ education and vocational training. 157. The mission further recommends that current assistance to Namibians be augmented and, in particular, that the United Nations should give materialassistance ...85- · .. .1. "'b to t:p.e liberation movements. ,Non-government~l orga~izations should also be encouraged tQproyide ~ssist~nc~. 158. In ~he gene~al discussion of education and training the mission was aware that the Secretar;y-G~nera.l would submit to the. General Assembly at its twenty--sixth sessiop' a report on'the estab~ishm~~~ of:a comprehensive educational and training programme. for 'Nam:i,bians. ,~ecauseOf: ~he s~riOl~s 'situt;1tion Greated by the poor educational 'levef ,and bac~ground Qf'Namibians and the fact that Namibians do suffer serious educationa),: disadvantages,' the :qlission recommends as a first step, in order to ensure the 9peration of i:!he'programrqe'by 1 January 1972, thai1 the General Assembly should provide a~ adequ&te ~ppropriation' in i~s regular'budget for 1972 for thet \ J purpose. 3. Resettlement of' Namibian refugees " ". I ...... ; 'i 159. In Africa th~ mission was informed that the assistance to refugees' settlements was inadequate and that this had resulted in hardship for many refugees. The mission is of the'opinion that wh~+e the acti"vities' of UNHCR are commendable in helping these refugees to the extent of available resources, efforts by the General Assembly, UNHCE and the Counci~ for Namibia should be redo~bled through fresh appeals to Member States of the United'Nations, the specialized agenr'ies and nOD-governmental organizations to increase t'leir current contributions to the UNHCR programme so that these pressing needs of the refugees can be met. 4~ Question of participation of Namibian people in the work of the Council i 160. In discussing the question of par~icipation the mission was fully aware of the Council's mandate contained in General Assembly resolution 2248 (S-V) , requiring the Council to administer Namibia until independence "with the maximum possible participation of the people of the Territoryll. The participation of Namibians in the work of the Council provided the Council with additional means to carry out its mandate. more effectively. I~ is the mission's further conclusion that the various Namibian political organizations accept, in principle '.1 the idea of a Namibian conference as a means of bringing them together and 0 ..:': overcoming their differences. 161. ~~he Council 's missio~: would therefore recommend that Gonsultations with the representatives of the people of Namibia and OAU should continue on a regular and continuous basis and that the General Assembly should include appropriate budgetary provision in the 1972 budget for that purpose. 5. Widening of the responsibilities of the Commissionervs regional office in Lusaka 162. It is the 0plnlon of the mission that the Commissioner's regional office in Lusaka should have a broader responsibility ~nd that its resources should be more fully utilized. To this end the mission recommends that in addition to the responsibility for the issuance of the Council's travel and identity documents to Namibians in the area, the regional office should: ,I (a) Maintain close contact with, and seek the co-operation of, respective host Governments, Governments whose visas are desired and representatives of Namihian I political organizations as well as members of the United Nations organs and I institutions, as appropriate; -86- (b) Visit periodically those countries of East Africa which have concluded agreements with the Council and in which a siBnificant number of Namibians reside; (c) Provide on request such aid and material assistance to Namibians within the resources available in conformity with the rel~vant resolutions of the Security Council and the General Assembly; (d) Be authorized, upon the Council's invitation to participate in activities organized by, or under the sponsorship of the host Government or OAU, concernin~ ly economic, social and educational assistance to ITamibians; l J (e) Distribute United Nations publications and documents bearing on the Namibian question and maintain general liaison with the Namibian liberation movements and individuals; " j (f) Perform such other functions as the Council or the Comnissioner might s entrust to it from time to time And submit monthly reports and such special reports on as necessary to the Commissioner for the attention of the Council~ .y, ,t , . it -87- \ .... 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