·v A/7338 GENERAL ASSEMBLY

OFFICIAL RECORDS TWENTY-THIRD SESSION

Agenda item 64

REPORT OF THE COUNCIL FOR

UNITED NATIONS ' ,. GENERAL ASSEMBLY

OFFICIAL RECORDS TWENTY-THIRD SESSION

Agenda item 64

OF THE UNITED NATIONS COUNCIL FOR NAMIBIA

UNITED NATIONS New York, 1968 ' II

NOTE

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. CONTENTS

Paragraphs

LETTER OF TRANSMITTAL •

INTRODUCTION l - 3 l I. THE INTRANSIGENT AND NEGATIVE ATTITUDE OF THE GOVERNME~~ OF SOUTH AFRICA • • • • • 4 - 21 2

A. The creation of "Bantustans" •• 5 - ll 2 B. Question of the forcible removal of Africans from the Old Location, vlindhoe l~ , to • • • • 12 - 16 3 c. Implementation of General Assembly resolution 2324 (XXII) on the illegal arrest, deportation and. trial of thirty-seven South West Africans in South Africa • • • • • • • • • • • • • 17 - 19 5 D. Arrest and ldlling of Namibians· in the Caprivi Strip . . . 20 - 21 6 II. ACTIVITIES OF THE COUNCIL . . . . 22 - 42 7 A. Working groups established by the. Council 23 - 24 7 B. The question of travel documents • • • • 25 - 27 7 C. Consultations and co-operation '\vith the specialized agencies and other organs of' the United Nations ••••••••••••• 28 - 31 8 D. Education and training programme for Namibians • 32 - 37 9 E. Other questions under active consideration by the Council • . • . . . • . . . • • . . . . . 38 - 42 10

l. Review of the laws and practices established in the Territory by the Government of South Africa . 0 0 . . . 0 0 . . . . . 38 - 40 10 2. Participation of the people of' Namibia in the wor1<. of the Council . . 0 . 41 - 42 ll III. CONCLUSIONS ...... 43 - 44 12

IV. RECOMMENDATIONS . . . . 0 • ...... 45 13

-iii- ·' •

LEITER OF TRANSMI'ITAL

14 November 1968

Sir,

I have the honour to transmit here>-lith the third report of the United Nations Council for Namibia pursuant to section V of General Assembly resolution 2248 (s-v). This report was adopted by the Council at its 52nd meeting, on 13 November 1968.

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 General Assembly at its twenty-third session.

Acce~t, Sir, the assurances of my highest consideration .

(Signed) Hadji Roeslan ABDULGANI President, United Nations Council for Namibia

U Thant Secretary-General of the United Nations New York

- v- REPORT OF THE UNITED NATIONS COUNCIL FOR NAMIBIA

INTRODUCTION

1. By its resolutions 2145 (XXI) of 27 October 1966 and 2248 (S-V) of 19 May 1967, the General Assembly terminated the Mandate of South Africa over and established the United Nations Council for South West Africa to administer the Territory and entrusted to it certain specific functions to be discharged in the Territory. 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 Assembly".

2. On 12 June 1968, the General Assembly in resolution 2372 (XXII) proclaimed further that, in accordance with the desires of its people, South West Africa should be known as 11Namibia11 and decided that the Council be called the 11 United Nations Council for Namibia11 and that the Commissioner be known as the 11 11 United Nations Ccrnmissioner for Namibia • By the same resolution, the Gener13-l Assembly also decided that the United Nations Council for Namibia should perform, as a matter of priority, the follOiving functions:

11 (a) In consultation and co-operation with the specialized agencies and other appropriate organs of the United Nations, which under section III, paragraph 2, of resolution 2248 (S-V) were requested to render technical and financial assistance to Namibia, the Council shall assume responsibility for establishing a co-ordinated emergency programme for rendering such assistance, in order to meet the exigencies of the present situation;

11 (:£) The Council shall 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 technical and 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;

11 (.£) The Council shall continue \-Tith a sense of urgency its consultations on the question of issuing to Namibians travel documents enabling them to travel abroad. 11

3. The Council has already submitted tvo reports to the General Assembly. gj This third report covers the period from 5 May to 13 November 1968.

Official Records of the General Assembly 1 Twenty-second Session, Annexes, agenda item 64, document A/6897. 2/ Ibid., documents A/6897 and A/7088.

-1- I. THE INTRANSIGENr AND NEGATIVE A1ITITUDE OF THE GOVERNMENT OF SOUTH AFRICA

4. In its second report,"L/ the Council reported a significant number of important actions of the Government of South Africa in blatant violation of the resolutions of the General Assembly and of the Security Council. In the period 'I.J"hich has intervened since the submission of the Council's last report, the Government of South Africa has further demonstrated its obstinate refusal to implement decisions of the United Nations and has persisted with and intensified actions calculated to consolidate its illegal control over Namibia and to destroy the unity of the people and the territorial integrity of the Territory. Major developments in this field are listed below.

A. 'Ihe creation of 11 Bantustans11

5. The General Assembly, in paragraph 7 of resolution 2145 (XXI), had called upon the Government of South Africa forthuith to r efrain and desist from any action, constitutional, administrative, political or otherHise, which would in any manner whatsoever alter or tend to alter the present inte:cnational status of South West Africa. The General Assembly reiterated this position in resolution 2248 (S-V), section I, and in subsequent r esolutions adopted during the tiventy-second session.

6. In its previous report,~ the Council informed the General Assembly that the South African Government, in defiance of General Assembly resolutions, had introduced a bill in the South African Parliament to empovrer it to implement its policy of establishing so-called separate homelands (Bantust ans) in South Vlest Africa.

7. Subsequently, on 27 May 1968, the President of the Council informed the General Assembly 2./ t o the effect that the South African Government was proceeding with legislative action with a view to securing parliamentary approval of this bill. In the meantime, in anticipation of the enactment of such 11 legislation", the South African Government had already undertaken certain steps, including the forcible removal of large sections of the indigenous inhabitants of Namibia from their original homes despite their resolute opposition and resistance to these moves. It is envisaged that once the bill 'I.J"as adopted, some 59,000 Demaras and 24,000 Hereros would be uprooted from their present homes to be relocated elseHhere in the Territory. The bill became "law" on 6 June 1968.

L/ I bid., document A/7088, section II. ~/ Ibid., document A/7088, para. 49. 5/ A/7101. For the printed text of this document, see Official Records of the Security Council, Twenty-third Year, Su~~lement for A~r il, May and Jun~ 1968, document s j86oo.

- 2 - 8. Under the "Act", six areas have been designated as "Areas for native nations", namely, Damaraland, Hereroland, Kaokoland, Okavangoland, Eastern Caprivi and Ovamboland. The Act further provides for the establishment of "Legislative Councils" and 11 Executive Governments" and other quasi-constitutional arrangements and procedures. The ultimate legislative and executive povrers remain, houever, vested in the State President of South Africa.

9. In implementation ot this Act, the South African Government promulgated, on 2 October 1968, the constitution of a Legislative Council for Ovamboland; with an Executive Council headed by a Chief Councillor, by a proclamation in the Government Gazette Extraordinary. The Legislative Council met on 17 October 1968 at Oshakati.

10. In vie1-1 of these developments, the Council on 10 October 1968 addressed a letter to the Security Council 6/ expressing its serious concern about the continuing efforts by the Government of South Africa to dismember the Territory in defiance of the direct responsibility of the United Nations for the Territory. The Council considered the.t the latest actions of the South African Government 1-1ere calculated to destroy the unity of the people and the territorial integrity of Namibia in violation of paragraph 7 of resolution 2145 (XXI), section I of resolution 2248 (S-V), paragraph 4 of resolution 2325 (XXII) and paragraph 7 of resolution 2372 (XXII). ll. Mindful of its responsibilities under the relevant prov1s1ons of General Assembly resolutions 2145 (XXI), 2248 (S-V) and 2325 (XXII), as Hell as Security Council resolution 246 (1968) of 14 March 1968 by which the Security Council took cognizance of its special responsibility tmvards the people of the Territory of South vJest Africa (Namibia), the Council informed the Security Council that it had unanimously decided to draw the urgent attention of the Security Council to the serious situation uhich had arisen as a result of these illegal actions of the South African Government.

B. Question of the forcible removal of Africans from the Old Location, 1-Iindhoek, to Katutura

12. It will be recalled that the question of removal of non-whites from their homes in "\-lindhoe.k to the segregated area of Katutura first arose in 1959 and was the subject of General Assembly resolution 1567 (XV) of 18 December 1960. Since that time, and particularly during the Sillillner of 1968, the South African authorities continued with further legislative and administrative actions aimed at the complete removal and destruction of the Old Location cf Hindhoek. 1/

§/ Official Records of the Security Council, Twenty-third Year, Su~~lement for October5 Novemb er and December 1968, document S/8846. A baclcground paper concerning the forcible removal of non-white Namibians to Katutura is contained in the Official Records of the Security Council, Tvrenty-third Year, Su~~lement for July, August and Se~temb e r 1968, document S/8729, annex II.

-3- 13. On 24 July 1968, the President of the Council received a letter from the Secretary-General forwarding a message from Mr. , Chief Designate of the Hereros, to the effect that non-white Namibians were being forcibly removed from their homes in the Old Location and requesting the Secretary-General to convene a meeting of the Security Council 11 to tal~e measures in order to 11 prevent the South Africans frcm proceeding ivi th this action ••• • §../

14. The Council considered this matter at its 34th to 36th meetings, on 25 July and 5 August 1968, and decided to bring the message of Mr. Clemens Kapuuo to the attention of the Security Council. In its letter of 5 August 1968 to the Security Council, 2/ the Council concluded that the latest actions of the South African Government constituted further evidence of South Africa 1 s continuing defiance of the authority of the United Nations and a further violation of General Assembly resolutions 2145 (XXI), 2248 (S-V), 2325 (XXII) and 2372 (XXII). The Council considered that these actions by the Govermnent of South Africa were designed to consolidate its illegal control over Namibia and to destroy the unity of the people and the territorial integrity of Namibia. It recalled that such actions had been specifically condemned under paragraph 7 of General Assembly resolution 2372 (XXII). Therefore, the Council, in accordance with its responsibilities under the relevant provisions of General Assembly resolutions 2145 (XXI), 2248 (S-V) and 2325 (XXI), as well as Security Council resolution 246 (1968) of lL~ March 1968 by which the Security Council had taken cognizance of its special responsibility towards the people of the Territory, drew the attention of the Security Council to the serious situation IV"hich had arisen as a result of these illegal actions of the South African Government.

15. Subsequently, at its 37th meeting on 23 August, the Council, at his request, granted a hearing to Mr. Festus U. Muundjua, Chief Representative of the South \'lest Africa National Union ( SWANU) in the United States, concerning this matter. Mr. Muundjua suggested that the Council set up a legal defence fund to meet the legal expenses of persons arrested on grounds of refusal to move to Katutura and that· emergency aid be provided in the form of food, medication and sanitation. 10/

16. On the eve of the day on which the deproclamation of the Old Location was to become effective, the Council authorized its President to issue a statement (see A/7198) which condemned in the strongest possible terms the forcible removal of non-whites to Katutura and called upon the South African authorities to desist forthwith from implementing the removal plan. In the statement the Council, at the same time, appealed to Member States to exert every possible influence to persuade South Africa to desist from pursuing its illegal plans, which would cause widespread suffering to a people already victims of the most inhuman oppression.

8/ Official Records of the Security Council, Tv1enty-third Year, Su~~lement for July, August and Se~tember 1968, document s/8729, annex I. 2/ Ibid., document S/8729. lQ/ A/AC.l31/SR.)7.

-4- C. Implementation of General Assembl,y resolution 2324 (XXII) on the illegal arrest, deportation and trial of thirty­ seven South Hest Africans in South Africa

17. South Africa's illegal arrest, deportation, trial and conviction of Namibian patriots in flagrant defiance of the authority of the United Nations, as described in the last report of the Council, 11/ was censured and condemned by General Assembly resolution 2324 (XXII) of Ib December 1967 and Security Council resolutions 245 (1968) and 246 (1968), which inter alia called upon and demanded that the Government of South Africa forthwith release and repatriate the Namibians concerned.

18. In compliance with the General Assembly's and Security Council's request to report on the implementation of these resolutions, the Secretary-General, in his report of 30 March 1968, ~ transmitted to the Security Council a communication dated 27 March 1968 in which the Minister of Foreign Affairs of the Republic of South Africa stated that the "convicted terrorists cannot be released nor can their release be discussed". Additional reports 13/ were submitted to the General Assembly and to the Security Council containing replies of Member States and international organizations on the implementation of the above-mentioned resJlutions. A number of Member States maintaining diplomatic relations with the Government of South Africa informed the Secretary-General that they had made strong representations expressing their grave concern at the illegal trial; some of them had also addressed appeals to that Government to release and repatriate the Namibians concerned.

19. Despite these efforts the South African Government has failed to release and repatriate patriots. Accordingly, the thirty-one Namibians convicted and sentenced earlier by the South African High Court appealed their sentences on the ground that a South African Court did not have jurisdiction over South \-Jest Africans since South Africa's Mandate over the Territory was terminated by the General Assembly of the United Nations. The Council has no information concerning the disposal of this appeal. The Council considered once again the question of the illegal arrest, deportation and trial of Namibians at its 44th meeting, on 27 September 1968, and authorized its President to issue a statement indicating that the Council, as the only l egal authority charged with the administration of the Territory, reiterated and reaffirmed that after the adoption of General Assembly resolution 2145 (XXI) of 27 October 1966 Namibia

11/ Official Records of the General Assembly, Twenty-second Session, Anne_xes , agenda item 64, document A/7088. 12/ Official Records of the Security Council, Twenty-third Year, Suppl ement for January, February and March 196~, document s / 8506, annex I . A/7045 and Add.l-26. For the printed text of these documents, see Official Records of the Security Council, Twenty-third Year, Supplement for J anuary, February and March 1§b8, documents s/8357 and Add.l-20; ibid., Sup])lement for April, May and June 1968, documents s/8357/Add.2l-25; and ibid., Suppl ement for July, August and September 1968, docurr.cnt S/ 8357/Add . 26 .

- 5- .• had ccme under the direct responsibility of the United Nations and that South Africa had no r ic;ht to legislate for or exercise any administration over the Territory and that, consequently, the thirty-one Namibians should be i mmediately released and repe.tx-iated. The statement uas forwarded to the President of the General Assembly for the i nformati on of its members ( A/721~9 ).

D. Arrest and l{illing of Namibians in t he Caprivi Strip

20. The Council, at its 46th meeting on 25 October 1968, considered information it had received on the serious situation in the Caprivi Strip, t o the eff ect t hat the South African police ha.ve killed f orty-six Namibians and arrested 117 others in the Caprivi Strip. The Council condemned these atrocities and consid.ered i t i mperative that urgent a ction should be taken t o pr event t he further massacr e of Namibians struggling for their freedom. Accordingly, the Council, mindful of its responsibilities under the relevant provisions of General Assembly resolutions 2145 (XXI) of 27 October 1966, 2248 (S-V) of 19 May 1967 and 2325 (XXII) of 16 December 1967, as well as Security Council r esolution 246 (1968) of 14 March 1968 by \..rhich the Security Council had taken cognizance of its special r e sponsibility tmvards the people of the Territory, drew the urgent attention of t he Security Council to the serious situation \vhich had arisen as a r esult of these illegal actions of the South African Govermnent. 14/

21. The Council also brought these developments to the notice of t he Secretary­ General. The Council is considering the possibility of the I nternational Red Cross rendering assistance with a viev to alleviating the distress t o Hhj_ch Namibians are being s ubjected by the South African authorities.

14/ Officlal Records of the Security Council. Twenty-third Year, Supplement for October, November and December 1968, document S/ 8867.

-6- II. ACTIVITIES OF THE COUNCIL

22. During the period covered by this report, the Council held t,.,enty-·one meetings.

A. \·Jorking rzrcc;:t_::s estu.blished by the Council

23. The Ad Hoc Committee established at the 6th meeting of the Council on 22 November 1967 is composed of tbe representatives of Guyana (Chairman), India, the United Arab Republic and Yugoslavia. The Ad Hoc Co:nmittee 1 s mandate was further defined under the provisions of paragraph 2 of General Assembly resolution 2325 (XXII) and paragraph 4 (c) of resolution 2372 (XXII) . It continued to study, vrith the assistance of the Acting United Nations Commissioner for Namibia, the political, legal and administrative aspects of the question of the issuance of travel documents for Namibians and submitted a numbe r of reports to the Council (see section II B belov) .

24. At its 34th meeting on 25 July 1968, the Council established a Sub-Committee for tne implementation of paragraph 4 (a) and (b) of General Assembly resolution 2372 (XXII) and appointed Colombia, Nigeria, Pakistan and Zambia as members. At its first meeting, the Sub-Comraittee elected the representative of Colombia as Chairman. Reference to its report is made in sections II C and D below.

B. Ti1e question of travel docume nts

25. The Council for Namibia considered a number of interim reports submitted by the Ad Hoc Committee on the Question of Travel Documents. The Counc:tl has proceeded on the basis that travel documents to be i ssued by the Council must ensure the right of return of the Namibians to ,.,hom they have been issued to a particular country if they are to be effective. The Council has approached the Governments of the United Republic of Tanzania and Zambi a for necessary facilities in this regard in vie,., of the fact that most Nami bians a.broad are currently resident in these countries. Consultations vrith the Governments of the United Republic of Tanzania and Zambia, vrhich have agreed. vrith the scheme in principle, are in progress. Since issues relating to the modalities for the issuance of travel documents and the grant of the right of return of Namibians to the United Republic of Tanzania and Zambia require to be examined in greater detail in consultation vrith the Governments of those countries, the Council has decided to depute a small delegation consisting of the Acting Commissioner for Namibia and one or t-vro members of the Council to visit Dar es Salaam and Lusaka and other African capitals as appropriate for intensive discussions on the spot in order to achieve an expeditious s olLttion to this pressing probl em.

26. The Council, conscious that the responsibility for the grant of the right of return to Namibians cannot be confined t o the Governments of the United Republic of Tanzania and Zambia, has decided, -vrhile pursuing discussions with these , Governments on an urgent basis, to approach, as appropriate, other Gover nme nts

-7- ( /)l including those of countries in which Namibians are now resident, to consider the possj_bility of granting residence rights to Namibians.

27. The Council has at the same time, :pending the finalization of these arrangements, requested the Secretary-General to address a communication to all Members of the United Nations and the members of the specialized agencies requesting them to undertake to recognize and accept as valid the travel and identity documents issued by the Council to Namibians abroad, subject to the usual visa requirements of each State concerned, and to extend their full co-operation to the Council in the effective implementation of the scheme for the issuance of travel documents to Namibians.

C. Consult~ions and co-operation with the specialized agencies and other organs of the United Nations

28. 1he General Assembly, in paragraph 4 (~) of resolution 2372 (XXII), decided that the Council 1-10uld :perform as a matter of priority, inter alia, the following function:

"In consultation and co-operation with the specialized agencies and other appropriate organs of the United Nations, which under section III, paragraph 2, of resolution 2248 (S-V) ,.,ere requested to render technical and financial assistance to Namibia, the Council shall assume responsibility for establishing a co-ordinated emergency :programme for rendering such assistance, in order to meet the exigencies of the :present situation."

29. 'The Council, in considering the :provisions of this directive of the General Assembly, noted that the Secretary-General on 24 June 1968 had transmitted the text of the resolution to the s·pecialized agencies and to the United Nations High Commissioner for Refugees, dravring attention to this :particular :paragraph, vrhich contained a reference to the role to be :played by the specialized agencies and other appropriate organs of the United Nations in drawing u:p an emergency assistance :programme.

30. The Secretary-General has so far received an ackn~-Tledgement of this communication from eight of the specialized agencies and the Office of the High Commissioner for Refugees. One of the specialized agencies, the World Health Organization, confirmed its assurance that it was ready to co-operate within its constitutional functions and capacities in the :programme envisaged by the General Assembly when the specific requirements of that :programme were kn~-Tn. A corrrraunication was also received from the United Nations Educational, Scientific and Cultural Organization de claring that it stood ready to extend co-operation ·1vhere appropriat e to assist the United Nations Council for Namibia. 15/

31. On the basis of a report of the appropriate Sub-Committee, the Council has concluded that, under the terms of the resolution, the initial and :primary r esponsibility for establishing a co-ordinated :programme rests with the Council

~ A/7171, se ctions III and IV; and A/717l/Aid.2. For the :printed t ext of these documents , see Offi ci al Re cords of the Se curi ty Council, Supplement for July, August and September 1968, document s/8737, sections III and IV; and s/S737/Add.2 .

-8- and that the specialized agencies would merely be requ~red to support this effoYt. The Council accordingly decided at its 44th meeting, on 27 September 1968, that an outline of a co-ordinated emergency prograrr~e should be prepared, and requested the Acting Commissioner to approach the specialized agencies and other organs of the United Nations to seek the assistance of experts in the preparation of this programme. Necessary action in this regard is in hand.

D. Education and traininr; pror;rmme for Namibians

32. The Sub-Committee referred to in section II C above was also entrusted w·ith the submission of proposals for the implementation of paragraph 4 (b) of General Assembly resolution 2372 (XXII) of 12 June 1968. -

33. This Sub-Committee in discharge of its mandate considered the import of the relevant provisions of resolutions 2349 (XXII) and 2372 (XXII). Under the former resolution, adopted on 19 December 1967, the special educat:i.cnal and training programmes for South West Africa vrere consolidated v7ith those for other territories in southern Africa. Under paragraph 4 (b) of resolution 2372 (XXII), the General Assembly had decided on 12 June 1968 that the Council for Namibia should, as a matter of priority, "organize e. training programme for Namibians, in consultation with those Governments which indicate their interest and concern, so that a cadre of civil servants and of technical and 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".

34. The Sub-Committee at its request received from the Office of Technical Co-operation a paper on the Consolidated Educational and Training Programme for Southern Africans giving the number of a1·mrds to Namibians during its period. of operation as well as the present status of the Consolidated Prograrrm1e. The Sub-Committee also met with the Director of the Prograrr~e. The documentation received was transmitted by the Sub-Committee to the Council.

35. The Council remains conscious of the need to establish a separate training programme for Namibians under the Council's control. Hov7ever, the Council i s also aware that the establishment of such a programme vTOuld raise certain administrative, financial and supervisory problems which would require to be examined and resolved. It authorized the Sub-Committee t o continue its examination of these aspects of its mandate.

36. In the meantime, and pending the actual establishment of a separate euucation and training programme for Namibians by the Council and in order to avoid duplication of administrative machinery, the Council concluded that it would not be advisable at the present time to alter the existing administrative arrangements of the Consolidated Educational and Training Programme. In this connexion, the Council took into consideration the fact that the Consolidated Programme is itself experiencing financial difficulties. The Council "IWUld wj_sh to recall paragraph 9 of resolution 2349 (XXII), under which the General Assembly decided that:

"as a transitional measure , provision shall be made under section 12 of the regular budget for the year 1968 to ensure the continuity of the Programme pending the r eceipt of adequate voluntary contributions".

-9- •I>

In view of the need to ensure adequate training facilities for Namibians, the Council -vrould strongly recommend that the General Assembly might make similar financial arrangements for 1969.

37. On the question of supervision of the Programme, the Council -vrishes to recall that in paragraph 1+4 of its second report to the General Assembly, 16/ it had indicated that it vmuld clarify its responsibilities in relation toresolution 2349 (XXII). In this connexion, the Council for Namibia recorr@ends that pending the establishment of a separate education and training programme for Hami binns, it sl:.ould be associated uith the present administration of the Consolidated Programme in order to ensure that adequate provision is made for the e.Hard of scholarships and grants to Namibians. This could be achieved by the inclusion of a representative of the Council for Namibia in the Cow~ittee of seven Member States envisaged in paragraph 6 of resolution 2349 (XXII), unde r which the General As sembly requested the President:

"to nominate seven :Member States, each of vrhich should appoint a representative to serve on a committee which will advise t he Secreta~J­ General on the granting of such subventions".

The Council vrould recomme nd necessary action by the General Assembly t o provide for s uch representation f or the Council on the Committee to be established under r esolution 2349 (XXII).

E. Gtl:cr questi ons unC.er active cons i deration by the Council

l. Revie1v of the laus and practices established in the Territory hy the Government of South Af rica

38. It will be recall ed that, by paragraph 9 of resolution 2288 (XXII) of 7 December 1967, the General Assembly requested the Council "to t alce urgent and effect ive measures to put an end t o laws and practices established in the Territory of South Hest Africa by the Government of South Africa contrary t o the purposes ancl principles of the Charter".

39. Luring the period covered by this report, the Council gave f urther consideration to this matter. It concluded that, in addition to the detailed study of the questions involved requested from the Acting Commiss ioner, a digest and a r evie-vr of t he lmrs and practices should be undertaken, possibly 1vith the assistance of an expert consultant . The Council also decided to establi sh a Sub-Comn1ittee to consider, with t he assistance of the Acting Commissi oner, the questions involved both i n the r eview of the laHs and practices end in tt.e implementation of paragr aph 9 of r esolution 2288 (XXII).

~ - 0. At the completion of the review the Sub-Committee vTOuld make recommendations to the Council Hitb r egard to which l a1vs and regulations in force pri or t o the t ermination of the mandate should be abrogat ed as being against the purposes and :principles of the United Nations Charter. I t -vrill al so make recommendations rega rding the status of la1·TS and regulations issued by the Sout h African aLlthorities after the termination of t he Mandate.

Offi cial Records of the Gener al Assembly, Twenty-second Session, Annexes, agenda item 64, document A/7088. -10- •I'

2. Participation of the peo·ple of Namibia in the -vrork of the Council

41. Under the provisions of section II, paragraph 1, of General Assembly resolution 2248 (S-V), the Council is required "to administer South Hest Africa until independence, with the maximum possible participation of the people of the Territory". The Council has given consideration to the possibility of representatives of the Namibian people participating in the \Wrl~ of the Coun cil. The question of participation \vas first discussed by the Council at its 7th meeting, on 30 November 1967, -vrhen it \-las decided to invite representatives of Namibia to be associated \-rith the Council's \Wrk. At the same time, the Council decided to inquire from the Organization of African Unity ( OAU) as to \-rhat organization or organizations were, in its opinion, most representative of the people of the Territory. The OAU informed the Council that they only recognized the South \:lest Africa People 1 s Organization (SV.fAPO). The Council considered a reply of the OAU and all other aspects of the question and decided at its 4~-th meeting, on 27 September 1968, to convene, -vrith the assistance of the Acting Commissioner, a meeting with the representatives of all Namibian political parties and organizations to discuss the matter with a vie\-T to working out f inal arrangements in this regard.

42. The Council. at the same time deci

-11- III. CONCLUSIONS

43. In paragraph 63 of its last report to the General Assembly, 17/ the Council expressed its conviction that it would not be able fully to discharge its functions and responsibilities unless effective measures were taken to ensure the i~~ediate removal of South Africa's presence from the Territory. The Council had accordingly recommended that the General Assembly should reiterate its request to the Security Council to tal{e the necessary steps to secure this objective. By resolution 2372 (XXII) the General Assembly recommended that the Security Council should take effective measures in accordance with the provisions of the Charter of the United Nations to ensure the immediate removal of the South African ~resence from Namibia and to secure for Namibia its independence in accordance w·ith General Assembly resolution 2145 (XXI).

44. In the period which has intervened since the General Assembly adopted resolution 2372 (XXII), the South African Government has persisted 1vHh and intensified its defiance of all United Nations decisions on Namibia. It has continued to refuse to comply with the demand that it withdraw from Namibia unconditionally and without delay all its military and police forces and its administration. It has, on the other hand, sought by various means t o consolidate its illegal control over the Territory. The most serious step in this direction has been the implementation of the decision to create separate homelands designed to destroy the territorial integrity of the Territory and to facilitate its illegal annexation. The Council has kept tbe Security Council regularly :Lnformed of these actions by the South African authorities. The Council reiterates its view that the trend of devel opments in the Territory points to the distinct likelihood of the outbreak of violence and racial war on an unprecedented scale. The Council accordingly remains concerned that this situation constitutes an aggravation of the already serious threat to international peace and security in the area. The Council reiterates its vievr that the responsibility of the United Nations to avert this threat must be exercised resolutely and without del ay. The Council has been reinforced in its convictions on this basic aspect of the question by the growing impr ession it has gained of the disillusionment of the Namibian people with the failure of the United Nations to secure the effective and early independence of the Terr itory. The Council reiterates its vie1v that it is only if all necessary measures are tal;:en for the effective removal of South Africa's pr esence from the Territory that the Council can be expected to discharge its primary f unctions effectively. In the meantime, the Council remains seized of and will continue t o devote urgent attention to the various pr oblems which have been under i ts consideration.

17/ Ibid.

-12 - •M

IV. RECOMMENDATIONS

45. In the light of the foregoing conclusions and bearing in mind the activities which it has been pursuing in accordance with its terms of reference under the provisions of the relevant General Assembly resolutions, the United Nations Council for Namibia recowmends that the General Assembly adopt the following urgent measures:

(l) Request the Security Council to take effective measures including, as appropriate, those provided for under Chapter VII of the Charter, to secure the withdrawal of South Africa from the Territory so as to enable the people of Namibia to achieve their independence at the earliest date;

(2) Call upon all States to pursue all diplomatic, consular, commercial or other relations in regard to Namibia exclusively with the United Nations Council for Namibia;

(3) :Ceclare all transactions with the South African authorities in regard to Namibia undertaken or maintained after the termination of the Mandate to be illegal and invalid;

(4) Call upon all States to co-operate fully with the Council for Namibia i .n its efforts to discharge effectively its responsibilities in accordance with its terms of reference;

(5) Call upon all States to extend necessary assistance to the Council with regard to travel documents;

(6) Call upon the Government of South Africa to respect the Geneva Convention of 12 August 1949 relative to the Treatment of Prisoners of vlar, 18/ v1ith regard to the Namibian freedom fighters, and the Convention of the same date relative to the Protection of Civilian Persons in Time of Har; 19/

(7) Request the Administrative Committee on Co-ordination (ACC) to examine, in consultation with the Council for Namibia, the question of the implementation of section III, paragraph 2, of General Assembly resolut ion 2248 (S-V) and paragraph 4 (.§:) of resolution 2372 (XXII);

(8) Make adequate provisions in the regular budget of the United Nat ions for the follov1ing activities of the Council for Namibia:

(~) Establishment of a separate education and training prograrr@e for Namibians; (~) Establi~hment of an emergency assistance programme in co-operation with the specialized agencies; (~) Issuance of travel documents as outlined in the report; (~) Kcsctings with the representatives of the Ncmibian people. }j}) Crlited Natior.s, Treaty cErj_e£, val. 75 (1950), No. 972. 19/ United Nations , Treaty Series, vol. 75 (1950), No. 973. -13- HOW TO OBTAIN UNITED NATIONS PUBLICATIONS United Nations publications may be obtained from bookstores and distributors throughout the world. Consult your bookstore or write to: United Nations, Sales Section, New York or Geneva.

COMMENT SE PROCURER LES PUBLICATIONS DES NATIONS UNIES Les publications des Nations Unies sont en vente dans les librairies et les agences depositaires du monde entier. lnformez-vous aupres de votre librairie ou adressez-vous a: Nations Unies, Section des ventes, New York ou Geneve.

COMO CONSEGUIR PUBLICACIONES DE LAS NACIONES UNIDAS Las publicaciones de las Naciones Unidas estan en venta en librerias y casas distribuidoras en todas partes del mundo. Consulte a su librero o dirijase a: Naciones Unidas, Secci6n de Venras, Nueva York o Ginebra.

Litho in U.N. Price: $U.S. 1.00 (or equivalent in other currencies) 26781-November 1968-4,500 /a! • 6 lo'¥ ber 1 lOR THE C aaioner tor l&aibia

At 16,5th pl e eti ot GAXXII t eaident t tollavin& atat t :

"I augelt that before the a4J nt the A... emb l)r a ld conaider the u ation ot the appoin t ot tbe United tiona C aaioner tor SO\lth Weat Atric&.

"In b11 ota, t he cret&ey-General propoaea tbat • the pre a nt interim arrana t ahou.l.d be exte . , tbat the CoWl.ael co tinue t o a rve aa ctin& C aaioner until the eral Aaa ly on the naaination ot t cretary-General, appodnt a a C aaiooer•. (A/§930) It I no o ction, I ab&ll take it that Gen · 1 Aaaeabl.y decides to accept the proposal ot the Se.cretary- r&l."

n rr the above tbat~ unleaa the General A.. q DAt ion by the Secretary-General, t be prea nt arr e­ • !be ecretar,r-Oene h.. d cided to let t ..,.-:.11:-a~Jjp:lll•nt c tinue throuan 1969 and Mr. ta oa to conti.Due to aerve as Actina

C. V. Naruimban

cc: Mr. DJe aye llr. tavropoulos Nr. Luieux & .I CONFIDENTIAL

UNITED NATIONS ~~)' NATIONS UNIES ~~ INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR

TO: The Secretary-General ~ o ~...... om, -=1""2'---"-'Ma.="'-rc""h...... _,l=-9'-"6<-<9'---- A: ~ ~"\lb\;

THROUGH: S/C DE: rv:~ 0 , I ~"'·.~·:~ FROM: Leonid Kutakov, Under-Secretary-General yf~ DE: Political and Security Council Affairs ~~

SUBJECT: OBJET: The question of Namibia in the Security Council

l. I understand that the Afro-Asian members of the Security Council decided yesterday to request the convening of a meeting of the Security Council on 19 March to consider the question of Namibia. The Permanent Representatives of Pakistan and Zambia, who have been consulting with the other members of the Security Council on behalf of the Afro-Asian Group, are due to report to the Group to-morrow. A draft letter requesting the convening of the meeting has already been approved by the Afro-Asian and Latin American members of the Security Council. It is expected that it will be submitted by the Afro-Asian Group on Friday, 14 March. 2. It may be recalled that the Afro-Asian Group at the United Nations has been considering, since the middle of February, a request to the Security Council to resume consideration of the question of Namibia in order to secure the withdrawal of the illegal South African Administration from the territory. The Group has been concerned about the South African Government's policies and actions designed to destroy the national unity and territorial integrity of Namibia and especially the establishment of "bantustans". Reports that the South African Parliament was considering a South West African Affairs Bill (providing that f~rer responsibilities would be delegated to the Administration of South West Africa and that the Republic of South Africa would to a greater extent administer the Territory directly instead of indirectly) were also taken into account, though not specifically mentioned. 3. The Group had originally intended to request the Security Council to meet before the opening on 17 February of the 12th ordinary session of the Council of Ministers of the Organization of African Unity in Addis Ababa. A draft resolution (attached) to be submitted to the Security Council was circulated to members of the Group. This draft was referred for further study by a working group composed of the Afro-Asian members of the Security Council and the Council for Namibia. .. " .' .. - 2 -

4. A revised Afro-Asian draft, now in circulation, is understood to be basically similar t o the first one. It takes into account some of the amendlaents suggested by the United States. Though full agreement was net reached with t he United States on a mendments pr oposed by it, the Afro-Asian members of the Council

agreed that the for~al requP-st f or a neeting of the Security Council should be made thj_s week. 5. During the 12th ordinary session of the Council of f'iinisters of t he

Or~anization of African Unity, 17 t o 22 February, the Council's Pol i tical Committee noted with regret that the resolutions adopted by the General Assemb ly and the Security Council on the question of Namibia had not been i mplemented . Several delegates suggested that the O.A.U. should a ppeal to the Great Powers

t o exert pressure on the South Afri~ can Government in order t o secure its complia nce with these resolutions. The final text of t he resolution adopted by the Council on this matter is not yet available. It may be expected that t he Afro-Asian

members of the Security Council '~>rill take into consideration provisions of this :cesolution and that all the lates t developments, including the plan of the

South .Af'-.cican Government t o admi nister Na1nibia directly, will be brought t o t he attenti on of the Council when it meet s . DRAFT: T HE QUESTION NAMIBiA l ~

The Secu tty Cou II 1 TAKING N OTE of th General Assembly resolutions 2248 (S-V)

of 19th May. 67; 2324 (XXU ); '2325 (XXII) of 16th December, 1967; · . l)i 1/ {II ) . · 2J72 (XXII) Oi 12th June, 1968 and 2403 (XXIII of 16th December, 1968.

TAKING ! T O ACCOUNT General Assembly resolutions 2145

(XXI) or 27th October, 1966.

RECALLING lts resolutions 245 of 25th January • 196B, and 246 of \

14th March, 1968.

REAFFIRMING the inaltenable right of the people of Namibia to

freedom and• independence In. accordanc.e ~ith the provisions of General Assembly resolution 1514 (XV) of 14th December, . 1960.

MINDFUL of the grave consequences of South Afrlcals contrnued

occupatron of Namibia.

GRAVELY CONCERNED that the South Afrfcan Authorities are

pursuing poltcies and actions designed to destroy the national unity

and territorial Integrity of Namibia -end especially the estabJlshment

of bantustans.

REAF'FIRJ ING Its special responstbiiJty toward the people and

te~rltory of Namlbta.

I. CONDEMNS the refusal of the South African Government to

oo.mply wtth General Assembly resolutions 2145 (XXI); 2248

( S-V) ; 2324 (XXII) ; 2325 ()(XII) ; 2372 (XXII) ; 2403 (XXIII J

and S-'ourtty Council resolutloL 345 and 24& ol ( 111)68) ; - 2 -

2. . RECOGNISES that the Government of South Africa has no ·

right to administer the territory.

3. CALLS UPON the Government of South Africa to withdraw

their AdmlniS1ratlon from . the territory.

4. FURTHER CONDEMNS the Government of South Africa

for · pU"sulng poltcles and actions designed to destroy the

national unity and territorial Integrity of Namibia and especfally

the establishment of bantustans. '·

5. DETERMINEs that the situation arising from· the continued

Illegal administration of Namlbla by, the South African Govern-

ment seriously threatens International peace and secur lty.

6. APPEALS to member states to assist the Security Council

In order to obtain compliance by the Government of South

Africa wit~ the provisions of the present resolution.

7. REQUESTS the Secretary-General to closely follow the

\ Implementation of the present resolution and to report to the

Securtty Council as soon as possible.

8. DECIDES that In the event of fcllure on the part of the

Government of South Africa to c~~pty with th~ p~~~sl';,.. of

the present resolution, the Security Council will meet Immediate-

ly to determine upon turther measures In accordance with the

relevant provisions of the Charter of the United Netlone to

ensure compliance by South Africa of the present re.olutlon.

0. oggoes to remain actively seized of the maHer.

~ i'~~~ -:_ \A" t h. ___ -- v~ l .J.-A.--..__, CHRISTIAN SCIENCE MONITOR, Saturday, 22 March 1969

•I>

tssue. UN compromise hints U.S. pOlicy

By Bertram B. Johansson Africa than it has to a similar demand from sider South Africa's actions in illegally ar­ 37 Staff correspondent of the Gene1•al Assembly. resting and bringing to trial Namibians, Tlte Christian Science Monitor this is the first time that bhe council bas ["I can't see that this resolution has any met to consider the sitUation created by meaning," South African AmbasS'lldor United Nations, N.Y. South Afric.a's refusal to implement "the Matthys I. Boliha said. 1966 UN action in relieving South Africa of The Security Council's decision to request [His government holds that the General its mandate. South Africa to withdraw its administra­ Assembly acted illegally Oct. 27, 1966, when \.ion immediately from South-West Africa it dedared that South Africa's League of In supporting the current UN action, Mr. may indicate how the Nixon administration Nations mandate over the big territory had Yost 5aid that the United Sbates could sup· will operate at the UN this year. been terminated.) port the draft resolution " because it wisely ·.· '(A United Nations proclamation in June, does not commit the council to the narrow Opposition traced 1968, renamed the territory Namibia.) path of mandatory sanctions ~der Chapter ' The decision put the Nixon administra· Much of the opposition to South Africa's 7 of the charter.•• • In our judgment, this administration of Namibia stems from its tion on record as being willing to achieve is not a situation which can Bensibly and a temporary agreement by means of a application of to the territory. \!O thpromise. And it demonstrated United On May 19, 1967, Ure UN General Assem­ humanely be remedied by mandatory sane· States Ambassador Charles W. Yost's skills bly by a vote of 85 to 2 (South Africa and tions .. .. " as a behind-the-scenes negotiator. Portugal) with 30 abstentions, including the Soviet Ambassador Yakov A. Malik said Ambassador Yost helped negotiate the United States, the Soviet Union, France, the resolution contained some positive ele­ compromise text of the draft resolution to­ and Britain, adopted a resolution sponsored ments, but "on the whole, it is weak." How· gether with Ambassador Vernon J. Mwaan­ by 79 Africans, Asian, and Latin-.A~eri~an ever he said, since African delegations ga of Zambia, one of South-West Africa's countries providing for UN admm1strat10n considered t!he text acceptable, his delega­ neighbors. of South-West Africa. But the UN was not tion would not oppose it. After a full day of debate the Security able to force South Africa out. The resolution also: Council adopted the resolution late March On Dec. 16, 1967, the UN General Assem· • Recognized that the UN General As· 20 by 13-to~O votes with two abstentions­ bly, by a vote of 93 to 2, with the United sembly had terminated South Afric;a's man· France and Britain. States still abstaining, adopted another reso­ date over Namibia and assumed responsi· The resolution was sponsored jointly by lution asking the Security Council to use its Colombia, Nepal, Pakistan, Paraguay, Sene· enforcement powers to force South Africa bility for the territory until its indepen· gal, and Zambia. to give up its rule over South-West Africa. dence. Specifically, it calls on South Africa . to The novel position of the United States • Considered that the continued presence vacate the former German colony. in the current voting pattern find s the of South Africa in Namibia was illegal and United States not abstaining but, in fact, contrary to the charter and previous UN 'Measures' threaten'ed helping achieve a compromise resolution decisions, as well as detrimental to the in· ..!llle resolution states that if South Africa on which it could vote in favor because terests of the people of the territory and does not comply the Security Council will sanctions were not invoked at this stage. those of the international community. '"' t immediately to determine upon neces­ This gives South Africa at least a short • Condemned South Africa's refusal to ~ steps. or measures in accordance with time in which to respond to the Security comply with previous decisions. tliL relevant provisions of the charter of Council action before mandatory sanctions might be imposed on it. • Declared that South Africa's actions tte- UN." "designed to destroy the national unity and translation, this means the UN would Ambassador Yost said that South Africa's territorial integrity of Namibia through the ~ t to consider what kind of embargoes, actions in Namibia in invoking its "terror­ establishment of bantustans [breaking up IJIIDI(ltions, or other forms of pressures it ism act," and in preparing to exert deeper the country into separate African tribal and to'Wd place on South Africa. control over Namibia, "not only show that white areas] were contra·ry to the charter, South Africa took over the administra­ South Africa is attempting to annex Nam­ and that South Africa had no right to enact t!Oir of South-West Africa under a League ibia but is also entending its heinous policy the "South-West Africa affairs )llll. " of Nations mandate of Dec. 17, 1920. After of apartheid-a policy which has been con­ W"d'r.!d War II South Africa refused to place demned by all here present-to that terri· • Invited all states to exert their influ· the territory under a UN trusteeship sys­ tory." ence in order to obtain compliance by South tem. Africa. On Oct. 27, 1966, the UN General Assembly Meetings recalled • Requested Secretary-Genera) U Thant adopted, by a vote of 114 to 2 (South Africa Mr. Yost noted that "although the Security to follow closely its implementation and to anq Portugal), a resolution terminating the Council met on two occasions in 1968 to con- report to the council as soon aa possible. League of Nations mandate. [The Associated Press reports South Af. rica indicated it would pay no more etten• tion to a UN Secw·ity Council resolution celllng for It to withdraw fropt South-West cn;cc

cc::

17

r Tel. (212) 778-822<4

SOUTH WEST AFRICA NATIONAL UNITED FRONT (S.W.A.N.U.F.)

United We Stand PERMANENT OFFICE AT THE UNITED NATIONS

320 EASTERN PARKWAY

BROOKLYN, NEW YORK 11225 3rd June, 19 69

H. E. Hon. Mr. U Thant SECRETARY-GENERAL United Nations, New York, N.Y. Your Excellency: The South West Africa National United Front wish to inform you that for the past weeks spokesmen of our movement have requested oral hearing before the United Nations Council for Namibia without success. We are aware of the fact that dangerous elements of partiality and favouritism have been introduced in the work of the United Nations Council for Namibia by certain delegations serving on the Council in their relationship with Namibians. We are convinced that this development will no doubt harm the entire cause of our country's liberation from South African colonialism. It will furthermore plunge the entire United Nations into a terrible fiasco with far reaching consequences for the Namibians. We appeal to the Secretary-General to urge the Office of the United Nations Commissioner for Namibia to take the following prompt measures: (a) To commence forthwith with issuance of Namibian Travelling Documents to all Namibians irrespective of their political affiliation. This Travelling Documents must disretard the return clause for the return of Namibians o certain African States; {b) That issuance of these Namibian Travelling Documents must be made by the Offica of the United Nations Commissioner for Namibia. This serious respons!bilijy must not be delegated to any single Government which ~s a member of the United Nations Council for Namibia. (c) T.Qat the report of the United Nations. Council for Namibia's visit to Africa must reflect objectivity and the views of all Namibians as expressed '» the ! .. - .. • I . ;. .

!' . . : . ·~ . -2- ... ; .I .. ~ .. ' r before the visitinc mission. We are totally . f a«ainst the issuance of a minority report designei to discriminate against Namibians or exclude the views of same for the purpose of misleading the · United Nations General Assembly and .thus contributing to the betrayal of lla sacred trust.

While appreciating the honest and iedicate~ selfless contribution of some of the Member Delegations to our cause in the:·,1'·'· execution of their international responsibility toward our people and country, on the other hand, we have no choice but to ieplore the activities of some Members who continue to jeopardize our future. The South West Africa National United Front reserves its right to take positive action at an appropriate moment recardin~ the future of the United Nations Council for Namibia.

We remain, Sir,

.··

~ J . ~ oca The Office of the U.N. Commissioner for Namibia I United Nations . I ... , ,. The Preeidant United Nations Council for Namibia United Nations ·,. ·, . I 11 .

• · ••• - t.' ..

•.

<; ' I ~ • 11

" ....., . TO The Secretary-General

FROM Jean Gazarian

FOR YOUR INFORMATION

DATE

( • ~ UNITED NATIONS - NATIONS UNIES

NEW YORK

...... He• : PO 230 SOAF (4)

The enclosed communicatio is

transmitted to the Permanent Missions of the States Members • of the United Nations at the• request of the Permanent

Representative of to the United Nations.

()« 18 June 1969 G PERMANENT MISSION OF SWEDEN TO THE UNITED NATIONS

New York, June 12, 1969.

Sir,

I have the honour to transmit to you the text of the follo­

win~ statement concerning the trial at against 9 Namibians made today by the Swedish Minister for Foreign Af­ fairs, Mr. Torsten Nilsson.

11 The Minister for Foreign Affairs, Mr. Torsten Nilsson, in a statement today expressed his indignation over the fact that the South African authorities have again deci­ ded to commit for trial a group of Namibians (South 'Nest Africans) under South Africa's so-called "Terrorism Act". The group of nine persons were charged a few days ago at Windhoek. The trial is due to begin on July 1. The Foreign Minister recalled the notorious Pretoria trial a year and a half ago when 33 Namibians received severe sentences under the same act - including 19 life­ sentences. That trial was vigorously condemned by both the United Nations General Assembly and the Security Council. The Swedish Government appealed emphatically to the South African Government when the trial was still

U Thant Secretary-General bf the United Nations

NEW YORK ' .. 2.

in progress to discontinue the proceedings and release the accused. The charge against them was then as it is now based on an act of criminal law which has retroac­ tive effect and which contains many other provisions that are incompatible with all traditional concepts of law. Furthermore, the act is being applied in a terri­ tory for which the United Nations has assumed responsi­ bility and where the continued presence of South Africa constitutes a defiance of a decision by a near-unanimous United Nations General Assembly. In initiating this new trial South Africa has again demonstrated ita disrespect for the international legal order and world opinion and persists in disregarding the General Assembly's decision to terminate the South West African mandate. The Swedish Government has maintained for a long time, both within and outside the United Nations, that the Security Coun­ cil must take up the question of Namibia for considera­ tion. It, therefore, noted with satisfaction that the Council did so some time ago and by adopting a resolution a dded its authority to the earlier decisi on of the Gene­

ral A ss em~ly to deprive South Africa of the mandate for the Territory. It hopes that in line with what is fore­ seen in this resolution the Security Council will conti­ nue to give its attention to this problem and that there­ by it will be possible to t a ke f urthe r action on .this question."

The Swedish Ministe r in Pretoria has, on instruction of t he Sw edish Government, transmitted the text of t he above state­ ment to the Government of South Africa .

Reference is made in this connexion to your noteof 25 March, 19G9 , whereby you transmitted the text of the S e curity Cotm­ cil resolution 264 (1969 ) concerning the s itua tion in Namibia.

I have the honour to ask you to be kind enough to have this 3. ' ..

,. lette r circulated to the Member States of the United Nations.

Accept, Sir, the assurances of .·. .y h ighest conside r a tion.

Sverkc;r Astrom Anbas ~ador, Permanent Representative of Sweden to the United Nationc ROUTING SLIP FICHE DE TRANSMISSION TOa • Aa The Secretary-General • FOR ACTION POUR SUITE A DONNER FOR APPROVAL POUR APPROBATION FOR SIGNATURE POUR SIGNATURE PREP ARE DRAFT PROJET A REDIGER FOR COMMENTS POUR OBSERVATIONS MAY WE CONFER? POURRIONS-NOUS EN PARLER? YOUR ATTENTION VOTRE ATTENTION AS DISCUSSED COMME CONVENU ASREQU~~~T~ED~----+---~S~U~IT~E~A~V~O~T~R=E~D~E~M~A~N~D~E~---- NOTE AND FILE NOTER ET CLASSER NOTE AND RETURN NOTER ET RE'FOURNER FOR INFORMATION X POUR INFORMATION

The attached telegram from the Foreign

Minister of the German Democratic Republic

is being circulated as a docum~nt of the

Security Council at the direction of the

Council President, to whom it was addressed.

Date: FROM: 25/9/69 DE: L. Kutakov

CR.13 (11..64) I I

I l II '

• 41 •

I

I

l . ~.~, U N I T ED NAT I 0 N S" ~~tJ? NATIONS UNIES ~ INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR

TO: DATE: 30 September 1969 A: The Secretary-General ~~-~

REFERENCE: ------THROUGH: S/C DE: v

b~~M:I.S. Djermakoye, Under-Secretary-General for Trusteeship and Non-Self-Governing Territories

SUBJECT: OBJET: The Question of Namibia

Attached for your information is a clipping from the "Summary of ~iorld Broadcasts" chted 15 September 1969 in which Dr. %uller, the South African 11inister of Foreign Affairs, is reported to have issued a statement criticizing the remarks which you made regarding the question of Namibia in your recent address to the Assembly of Heads of State and Government of the Organization of African Unity. Dr. Muller is also reported to have indicated his intention to take up the matter with you at the earliest possible opportunity and to emphasize the necessity that you should be more circumspect in your remarks.

It goes without saying that not only does your competence to make the above-mentioned remarks stem from the responsibilities entrusted to you under the Charter and from established practice, but the content of those remarks are based in every particular to the various resolutions recently adopted by the General Assembly and the Security Council on the question of Namibia. Indeed those remarks are no different in content, orientation or tone from those contained in several other statements previously made by you on the subject to the OAU and to the United Nations bodies concerned, including in particular those included in the introduction to your last three annual reports to the work of the Organization.

As to the allegation that you d eclined an offer from the South African Government to receive a representative designated by you and to give him an opportunity of reaching an objective judgement about the welfare of the people of Namibia, attention may be dra:.n to the statement made on your behalf by a United Nations spokesman on 3 Narch (OPI Note No. 3513). In that statement the spokesman pointed out that:

11 The matter of sending a personal representative has been under consideration. While it may not be too difficult to find a Secretary-General's per s onal representative mutually acceptable, the question is not one of enlightening whoever is objectively interested in the well-being of the inhabitants of South V. est Africa but one of discussing the implementation of the relevant resolutions of the General AsseJnbly and of the Security Council relating to Namibia. The Secretary-General earnestly believes that, at an appropri ate stage , discus sions should be i nitiated. However, he has had no i ndi cation that at this present time such di scussions could have any useful result. 11 .30 Sept r 1969

I .s. Djermakoye, Under-8ecr eWor7-Gen ral. tor Trusteeship and Hon-8elt-Governing Territot.l..

Tbt QuesUon of 'M1 bi&

Attach~ tor your information ia a clipping f rom the "Summar.y ot World Broadcast&" cated 15 Sept 1969 in which Dr. tilller, the outh Afr ican Minister of Foreign Affairs, is reported to have isaued a etat t criticizing t he remark• which 7ou made r egarding the questi on ot Namibia in your recent address to the Ass .Wl7 ot Heads of St ate and Gov•mment ot the Organization ot African Unity . Dr. Muller is also reported to have indicated his intention to t ake up tht t ter with you at the r lieat possible opportunit7 and to haaise the neoeseit7 that you should b! •re circumspect in your remajks • .

It goes without saying that not onl7 does your competence to e the above-mmt.ioned rllll&rks et• t the r aponaibillti• ent ruated. to you under the Charter' d f rail .stablishecl practice, but th content of those remarks are based 1n ever.r particular to tb! v.arioua reaolutions re~ently adopted by the General Aasaab.Q' an4 the ecurity CouncU on the question ot bia. Indeed those r-.rka are no different 1n content, orientation or tone t ram those contained in aeveral other etat.. enta previouelJ made by you on the aubject to t he OlU and to the United Ration bodiea oonoerned, i ncluding in particular those i ncl uded in the introduction to your last three annual report• to the work of the Organization.

s to the allegation that you d. eclined an otter tram the Sout.h African Government to receive a r epresentative designated by 70U and to give hill an opportunity or r eaching an objective judg•ent about t he welfare of the people of Namibia, ttent ion '1D1A7 be dra• n to the s tat•ent made on your bah lt by a United Nations apokeall&n on .3 Maroh (OPI Note No • .351.3). In t hat etat.-nt the apokeaJUn pointed out that 1

"The matter of sending a peraonal r epresentative has been under consideration•• While it ~ not be too ditticult to find a SecretarT-G!neral' • personal r epreaentative mutuall.T acceptable, the question i a not one ot enlightening 'Whoever is objectively interested in the wll-being ot the inhabitants of Sout h est Atrica but one ot diacuaaing the impl.aentation ot the relevant resolutions of the General Asaemb~ and of t he Securit7 Council relating to Hamibia. The Secretar,y~eral earnest]Jr believes that, at an appropriate s tage, discusaions sh uld be initiated. However, he has had no indication that at this preeent t ime uch discusaiona could have &n3 uaetul result."

, su 0 • /1 Part. i• ~O Q 3/77 ts- ¥ 196

1\IIE / 3177 / B j 6

South Africa: Muller's criticism of U Thant (Text) The South African Foreign Affairs Minister, Dr. Muller, has deplored the UN Secretary-General's criticism of the South African Government at last Sunday's OAU summit meeting in Addis Ababa. In a statement released in Pretoria, Dr. Muller said it was a matter of at regret that the position and status of the highest office in the world organ­ lion should be abused to launch an unjustified attack on an individual member ntry. He referred to the fact that U Thant had declined an offer from the South African Government to receive his representative and to give him an opportunity of reaching an objective judgement about the welfare of the people of South-West Africa. Dr. Muller said U Thant (?should not consider) himself entitled to make resounding denunciations on matters about which he had studiously declined to inform himself. The South African Minister said he intended to take the matter up again with the Secretary-General at the earliest possibleopportunity, and to emphasise the necessity that he should be more circumspect in his remarks. (Johannesburg in English for abroad 04. 15 GMT 13. 9. 69) NEW YORK TIMES, Saturday. ~1 .To ... ·'~---- 1970

Sptclal t.o The New York Tomeo UNITED NATIONS, N. Y., . IJan. 30 - A resolution con- ·

1demning South Africa's "ille- ,

:gal" presence in South-West 1 Africa was adopted today by 1 i the Security Council after a ' Iheated debate in which the So- viet Union and · the United States accused each other of slander. Both countr.ies joined, how­ ever, in voting for the resolu­ tion, which w~t~ carried 13 to 0 with Britain and France ab­ staining. The resolution did not call for any strong joiqt ac­ tion but. instead appointed a committee to look into the matter. The United States-Soviet flare-up ·occurred when Chris­ ! topher H. Phillips, the United , States deputy chief delegate, •accused Yakov A. Malik, the Soviet delegate, of having in­ dulged i!1 "slander and propa­ ganda" yesterday when he named the United States along with Britain and West Germany as one of the countries sup­ plying South Africa with arms. The United States has lived up to the United Nations arms ;embargo against South Africa since it was adopted in 1963, Mr. Phillips said, except for or­ ders already on the books at that time. Mr. Malik chided Mr. Phillips for usU!g language of "20 years ago" and cited from a South African newspaper that had called South Africa the "second best arms customer of the 1 United States." The resolution recalled that the League of Nations mandate under which South Africa orig­ inally administered the area of South-West Africa, lmown to the United Nations as Namibia. had been terminated by the United Nations three years ago. It condemned South Africa's refusal to accept the United Nations' decision and declared continued South African con- I, trol illegal. . 1 The resolution was worked out primarily by moderate Afri­ can states in cooperation with Terence Nsanze of : Burundi, this month's President of the Security Council. The main intent, according to officials, was to restore the unanimity of the Council, ex­ cept for France and Britain, the ·traditional abstainers. · Last year this unanimity was broken when the Council set a deadline for the withdrawal of South Africa. The United States •and Finland refused to vote for that retlolution. The deadline, Oct. ... 1969, pa ~cl :1flt.bo'ut United Nations a,I:UQq, -~ R~TING SLIP FICHE DE TRANSMISSION TOa . Aa The Secretary-General " FOR ACTION POUR SUITE A DONNER FOR APPROVAL POUR APPROBATION FOR SIGNATURE POUR SIGNATURE PREPARE DRAFT PROJET A REDIGER FOR COMMENTS POUR OBSERVATIONS MAY WE CONFER? POURRIONS-NOUS EN PARLER? I YOUR ATTENTION VOTRE ATTENTION t AS DISCUSSED COMME CONVENU AS REQUESTED SUITE A VOTRE DEMANDE NOTE AND FILE NOTER ET CLASSER NOTE AND RETURN NOTER ET RETOURNER FOR {NFORMA TION X POUR INFORMATION

I informed -f&e Secretar;y-General about tlie attached letter on Friday night.

I should like to lm~ .wheo it would be convenient for 'the Secretary­ General to Chair the meeting proposed for TuesdaY or Wedneadq. ~.t<'' ~'~ ~~

11 Date: I FROM: M.E.~. Chacko DE: 2.2.1970

CR.l3 (11..64)

( D str. 1-..1 L

S/AC.17/l 3 F bru~ry 1970

ORIGlNAL: EUGLLSH

AD I c SUB-CC£fill'J."''EE ESTABLIS1 I PL:t3 UAt ', OF c-ECtnUTY CotJtCIL R:SOLUTIO Z7 6 ( 1970)

PROVJSIONAL AGENDA FOR THE FIRST UE'E'l'mG

. to be hold at United Nations Headquarters ledne dq, 4 February 1970, at 3.00 p.m •. in Conference om 6

1. Opening of the meeting b;y the Secretacy-General

2. ec' ion £ Ch~ ' ...... ' . . . Uno££icial translation

31 January 1970

Dear

I have the honour to communicate to you the results o£ the in£ormal consultations which I held during the a.ftemoon o£ Frid~, 30 January 1970, concerning the composition of the Sub-Committee established pursuant to resolution 276(1970) o£ the Council as well as the c~position o£ the Committee established pursuant to resolution 253(1968) of the Council.

The results of Icy' consultations are as £ollows: I. Sub-Committee on Namibia 1. All the representatives agreed that the Sub-Committee shall be composed of all the Council Members. I would draw your attention in that respect to docwnent S/9lg!i which has just been distributed.

2. All the non-permanent Members of the Council have unanimous~ nominated the representative of the Republic of Burundi as President of the Sub-Committee. One big power has supported this decision. Three big Powers have proposed that the election of the President take place during the first meeting of the Sub-Committee. These same Powers have stated that they would prepared to support the choice of the majority. 3. A consensus has been reached among the four big Powers according to which the first meeting of the Sub-Comittee will be resi r by the Secretary-General. and held either on Tuesday Feb Wednesd~, 4 February 1970. 1 4. One permanent Member has also proposed that the presidency of the Sub-Committee be assured by the representative of the Republic of Burundi. 5. The representative o£ one big Power a accepto has acquiesced, and the representatives of the three ,other big Powers have opposed the proposition of the President of the Cotmcil to summon the Cotmcil Members on Saturday, 31 January, for the purpose of electing the President ot the Sub-Conmittee, taking into account the urgency invoked b7 the non­ permanent Members.

II. Sanctions Committee on Rhodesia J 1. Ten members - among them one big Power - have declared themselves in favour of enlarging this Committee from 7 to 9 members. One permanent Member who does not oppose the enlargement has however suggested that a cOilBensus would have been ideal. · 2. Two non-permanent Membere believe that the solutionahDuld depend on a consensus and that they would raise no objection if the latter were achieved...... •

2

3. o.dng to the reasons favouring the increase of seats which have been transmitted by the partisans of enlargement through the Council President, the representatives of three· big Powers have noticed that some progress has been achieved and that in this respect they will resort to instructions from their respective Governments.

sd/- Nsanz~ T6rence President of the Security Council REPORT

OF THE UNITED NATIONS COUNCIL FOR NAMIBIA

GENERAL ASSEMBLY OFFICIAL RECORDS : TWENTY-FOURTH SESSION

SUPPLEMENT No. 24 (A/7624/Rev.l)

UNITED NATIONS •• REPORT

OF THE UNITED NATIONS COUNCIL FOR NAMIBIA

GENERAL; ASSEMBLY OFFICIAL RECORDS : TWENTY-FOURTH SESSION

SUPPLEMENT No. 24 (A/7624/Rev.l)

UNITED NATIONS New York, 1970 •/>

NOTE

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. • /1'

Paragraphs Page LETTER OF TRANSMITTAL . . . . iv INI'RODUCTION • • l - 4 1

I. ACTIVITIES OF THE COUNCIL 1 - 58 3 A. Organization and methods of work of the Council 5 ll 3 B. Participation of the people of Namibia in the work of the Council 12 - 14 4 c. Hearings • • • , . . ' 15 - 25 5 D. Consultations and co-operation with the specialized agencies and other organs of the United Nations 26 36 7 E. Question of travel documents .• 37 - 48 11 F. Education and training programme for Namibians 49 - 56 13 G. Review of the laws and practices established in the Territory by the Government of South Africa 57 - 58 15 II. ACTIVITIES OF THE LIBERATION MOVEMENT 59 - 68 16

III. ACTIVITIES OF FOREIGN ECONOMIC AND arHER INTERESTS IN THE TERRITORY . • • • • • • • . • . 69 - 75 18

IV. THE INTRANSIGENT AND NEGATIVE ATTITUDE OF THE GOVERNMENT OF SOUTH AFRICA • • • • • . •• 76 - 103 20

A. Development of "homelands" and transfer of powers from the territorial government to the Republic of South Afric/3. 77 - 85 20 B. Hoachanas 86 - 89 22 C. Action taken v.lith respect to the Terrorism Act, 1967 ...... 90 - 98 23 D. Question of refugees • 99 - 103 24 V. IMPLEMENTATION OF RELEVANT RESOLUTIONS OF THE GENERAL ASSEI~Y AND THE SECURITY COUNCIL • • • • • • lo4 .- 113 26 VI. CONCLUSIONS ll4 - 120 29 VII. RECOMMENDATIONS . . 121 31

-iii- . /II

LETTER OF TRANSMITTAL

Sir,

I have the h~n~ur to transmit herewith the f~urth rep~rt ~f the United Nati~ns Council f)r Namibia pursuant to secti~n V of General Assembly res~luti~n 2248 (S-V). This rep~rt was ad~pted by the c~uncil at its seventy-eighth meeting, ~n 24 October.

In accordance with the terms ~f the said res~luti on, I have the h)nour to request that the report be distributed as a document of the General Assembly at its twenty-fourth session.

Accept, Sir, the assurances of my highest consideration.

(Signed) Hadji Roeslan ABDULGANI President United Nations Council for Namibia

U Thant Secret ary-General of t he United Nations New York

-iv- REPORT OF THE UNITED NATIONS COUNCIL FOR NAMIBIA

INTRODUCTION

1. By its resolutions 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 viest Africa and established the United Nations Council for South vJest Africa, composed of the representatives of Chile, Colombia, Guyana, India, Indonesia, Nigeria, Pakistan, Turkey, the United Arab Republic, Yugoslavia and Zambia, to administer the Territory until independence with the maximum possible participation of the people of the Territory. After considering the Council's first report, 1/ the General Assembly, by resolution 2325 (XXII) of 16 December l9b7, requested the Council "to fulfil by every available means the mandate entrusted to it by the General Assembly".

2. On 12 June 1968, the GenerE~l Assembly, in resolution 2372 (XXII), proclaimed further that, in accordance with the desires of its people, South VJest Africa should be known as "Namibia" and decided that the C:>Uncil be called the "United Nations C::>Uncil for Namibia 11 and that the Commissioner be known as the "United Nations Commissioner for Namibia". By the same resolution, the General Assembly also decided that the United Nations Council for Namibia should perform, as a matter of priority, the following functions:

11 (~) In consultation and co-operation with the specialized agencies and other appropriate organs of the United Nations, which under section III, paragraph 2, of resolution 2248 (S-V) were requested to render technical and financial assistance to Namibia, the Council shall assume responsibility for establishing a co-ordinated emer3ency programme for rendering such assistance, in order to meet the exigencies of the present situation;

"(E) The Council shall 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 technical and 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) The Council shall continue with a sense of urgency its consultations on the question of issuing to Namibians travel documents enabling them t o travel abroad."

3. On 16 December 1908, the General Assembly, in resolution 2403 (XXIII), inter alia, requested the United Nations Council for Namibia to continue to ~harge by every available means the responsibilities and functions entrusted

Official Records of the General Assembly, Twenty-second Session, Annexes agenda item 64, document A/6897.

-1- •, to it, and commended to the appropriate organs of the United Nations acting in conformity with the relevant resolutions of the General Assembly for their consideration, the recommendations contai ~ed in the third report of th2 United Nations Council for Nami bia. ~/ These recommendations concerned in par ticular the pr ovision of ways and means to pursue effectively the activities detailed in par agraph 2 above.

4. The Council has already submitted three reports to the General As sembly. 3/ This fcurth report covers the period from 13 November 1968 to 24 October 1969.-

Ibid., Twenty-third Session, agenda item 64, document A/7338 a nd Corr.l, section rv. Ll Ibid. , and i bid., Twe nty-second Session, Annexes, agenda i t em 64, document s A/ 6897 and A/ 7o88 .

-2- I. ACTIVITIES uF THE COUNCIL

A. O:rganizati:m and meth:>ds :>f w:>rk af the C:>uncil

5. The pr:>cedures and :>rganizati:>n :>f the C:>uncil remained unchanged during the period under review, H:>wever, in view of a generally felt need far an impravement in its operatians, the C:>uncil, at its sixty-seventh meeting :>n 27 August 1969, established an Ad H:>c C:>mmittee an Organization camp:>sed of the representatives :>f Guyana, India, Indonesia and the United Arab Republic under the chairmanship :>f Ambassador Thompson (Guyana), the President of the Cauncil for the month of September, and assisted by the Acting United Nations Commissi:>ner for Namibia.

6. The terms of reference of the C:>mmittee, as set aut in decisions taken by the Council at its siXty-seventh and sixty-eighth meetings, were to study and make recommendations concerning:

(a) The :>rganization and methods of work :>f the Council;

(b) The desirability af holding 3pen or closed meetings;

(c) The question :>f the participati:>n af the Namibian people in the work of the Cauncil.

7• On 29 September, the Ad Hac C:>mmittee adapted an interim report in ~hich it presented ta the C:>uncil the following recommendatians:

(a) The creatian :>f two small standing committees, each comprised af nat more thatl five members :>f the C:>uncil, the first to be respansible for planning the Cauncil's work, screening incoming communications and dealing with questians relating to publicity and the second to be resp:>nsible for the detailed study :>f all questi:>ns :>f an administrative or legal nature c:>ncerning Namibia;

(b) The extension of the term of office of the presidency to a period of f:>ur manths;

(c) The adaption of the following rule :>f prjcedure, namely, that (i) meetings of the C:>uncil at which political questi:>ns are discussed should be :>pen unless :>therwise decided, and ( ii) meetings at v1hich administrative questions are discussed shauld be clased unless otherwise decided.

8. The Ad Hoc C:>mmittee was, moreover, :>f the :>pinion that there might well be a need far the services :>f experts to assist the standing committees in same cases, perhaps by preparing basic studies. H:>wever, the C:>mmittee, while feeling that requests for experts might fl:>w from the standing cormnittees when they had had an opportunity to study in greater depth the pr:>blems referred to them by the Council, also felt that the C:>uncil itself might consider taking a prior decisian, even before the actual establishment of the standing committees, to request experts in specific fields to prepare basic studies in the light :>f defined needs. It was also agreed that a representative of the Organizatian :>f African Unity should be invited ta attend meetings :>f the C:>uncil as an observer.

-3- 9. The Committee further recommended that the Ad Hoc Committee on Travel Documents should continue until it had discharged its functions, but that the work of the other sub-committees should be transferred to the new standing committees.

::.._). The -.:~uncil. ~xpressed its general cpp:!':'oval of the report submitted by i:.he Ad Hoc Committee on Organization. In addition to the need for the services of experts to prepare basic studies in specific fields, it was suggested that the Council, if necessary, might consider appointment of special rapporteurs, as appropriate.

ll. Meanwhile, the Ad Hoc Committee .::m Travel Documents established at the sixth meeting of the Council~ on 22 November 1907, and composed of the representatives of Guyana (Chairman), India, the United Arab Republic and Yugoslavia, assisted by the Acting United Nations Comrnissbner for Namibia, continued to study the political, legal and administrative aspects of the question of the issuance of travel documents for Namibians. Two of its members, together with the Acting Commissioner, proceeded to East Africa in February 1969, in furtherance of these objectives (see section E below) •

B. Participation of the people of Namibia in the work of the Council

12. Under the provisions of section 2, paragraph 1, of General Assembly resolution 2248 (S-V), the Council is required "to administer South West Africa until independence, with the maximum possible participation of the people of the Territory". The Council, therefore, on 30 November 1967, decided to invite representatives of Namibia to be associated with the Council's work. In reply to the Council's inquiry as to which organization or organizations were most representative of the people of the Territory, the Organization of African Unity stated that it recognized only the South West Africa People's Organization (SWAPO). Thereupon the Council decided to convene, with the assistance of the Acting Commissioner, a meeting with the representatives of all Namibian political parties and organizations to discuss the matter with a view to working out final arrangements in this regard.

13. The mission of the Council to East Africa was given the mandate of holding consultations with Namibian representatives in order to ascertain their views, among other things, on the question of participation in the work of the Council. Reporting to the Council on its work, the mission said that SWAFO would like to appoint a representative to the United Nations Council for Namibia since it considered itself to be the most broadly based and the largest of the political parties which had branches throughout the country and members from all sections. It further said that it was the only organization which was helping t he refugees regardless of their political affiliations. The representatives of the South West African National Union (S~lANU) expressed the hope that some participation of Namibian representatives in the work of the Council \vould be effected. They were aware that several groups were attempting to receive recognition from the Council, but said that they recognized only two, their own organization, SWANU, and SWAPO. They recognized that SWAFO represented the largest and most densely populated part of the country and expressed the wish that the Council should use its best efforts to encourage collaboration between the two groups.

-4- 14. The Ad Hoc Committee on Orgatiization referred to in section A above, was also entrusted with the examination of the question of participation of Namibians in the work of the Council. The Ad Hoc Committee has held consultations with representatives of ::>r2;anizations ::>f the Namibian people present in New York concerning methods ::>f enabling the Namibian people to participate in the work of the C::>uncil. These consultations are continuing. The Ad Hoc Committee will also meet at an early date with representatives of the Organization of African Unity on the question.

C. Hearings

15. During the period under review, the United Nations Council for Namibia granted a number of requests for hearings. At its meeting held on 24 January 1969, the Council heard the Reverend Markus Kooper of the South West Africa United National Independence Organization (SWAUNIO) on the Hoachanas question and Mr. Mbaeva of the South V.lest Africa National United Front (S\fANUF) on various issues pertaining to Namibia at its meeting held on 4 September at Headquarters. 16. Under the terms of reference of the Council's mission to East Africa adopted by the Council at its fifty-fifth meeting on 22 January, the latter would "while in the area, hold consultations with the representatives of the Namibian people in order to ascertain their views on various aspects of the question of Namibia". The mission accordingly held consultations with the representatives of SWAPO, SWANU and SWANUF in Lusaka and Dar es Salaam on 6, 7 and 12 February. Additional hearings were held in Nairobi and London on 15 and 24 February.

17. During the consultations in Dares Salaam, the SWAPO representatives handed the mission a written memorandum in which they set out the recent activities of the South African Government in defiance of the resolutions of the United Nations. It outlined the following as the most flagrant acts of repression and genocide committed against the people of Namibia:

(a) The adoption by Parliament of the so-called Terrorism Act in June 1967;

(b) The announcement in February 1968 that more members of SWAFO would appear before the Pretoria High Court;

(c) The rounding up on 13 October 1968 of six traditional chiefs opposed to the creation of Bantustans. One of the chiefs was shot on the spot and the whereabouts of the others were unknown. Simultaneously, the memorandum went on to state, more than sixty-three villagers were massacred in cold blood. Dead ·bodies with bullet wounds of many more civilians had been found in the bushes. There were now 2,000 refugees who had fled from the Territory into Zambia and others into Botswana.

18. The representatives of SWAPO considered that the grave situation prevailing in Namibia today constituted a threat not only to the African continent, but also to the whole world.

-5- •/II 19. The representatives presented to the mission the following statement:

"Preamble:

"The South West African Peoples Organizati::m and the whole people of Namibia cannot help but str ongly deplore the failure of the United Nations Council for Namibia to enter Namibia particularly at this stage when the people of Namibia are facing a monster identical tG the Hitler era.

"Demands:

"We strongly demand that the United Nations Council for Namibia should fully play its international role and urge the United Nations to make its presence felt in Namibia by implementing fully the General Assembly r esolution 2145 (XXI) ;

"The United Nations Council for Namibia to call an urgent meeting of the Security Council to put in effec·t the United Nations General Assembly's resolutions;

"The United Nations Council for Namibia sh~uld i mnediately proceed to Namibia." Ji}

20. Other matters referred to during the consultations included the follo~ing : (a) the situation in the Caprivi Strip as well as the position of the refugees fr~ Caprivi who had fled into Zambia and Botswana; (b) questions of education relating both to the United Nations scholarship progranunes and SWAPO' s own programme, ~hich \'las now being elaborated; (c) questions relating to the issuance of travel documents by the Council; and (d) the legal status of Namibians r esiding in other countries.

21. !n reply to a question put to them by a member of the mission, the representatives of SWAPO said that they had no objection to discussing ~ith the South African authorities the transfer of pcwer to the people of Namibia. In the me antime, they stated that the Council itself or the States Members of the United Nations should provide the material means for the carrying out of the liberation movement inside Namibia.

22. The discussions ,vith the representatives of SWANUF dealt mainly with questions concerning the legal and material status of Namibians in their respective countries of refuge, scholarships and educational opportunities, and the question of travel documents, to which they reacted positively. SWANUF claimed t o have 75,000 members inside Namibia, mainl y in the Nama area in the central part of the Territory. Its membership abroad is l ar gely concentrated in Botswana; ther e are some in Kenya, Ethiopia and a few other countries.

23. During the consultations with representatives of SWANU, the mission was informed that their policies differed bas ically from those of other Namibian political organizati ons in that they felt that the str uggle should be conducted liJ A/AC.l3l/R.l/Rev.l, para. 85 .

-6- • • fr~m within the Territ~ry. Their c~ncern was with the freed~m m~vement within Namibia which, in their view, must n~t be detracted fr~m by intr~ducing Namibian freedom-fighters fr~m neighb~uring c~untries ~r by concern f~r the well-being ~f refugees. In this c~nnexi~n, they suggested that the C~uncil's c~ncern f~r the people in the Territ~ry could be manifested in the f~llowing ways. The C~uncil sh~uld prom~te the transfer ~f funds to political ~rganizations in the Territory thr~ugh available private ~r semi-~fficial internati~nal ~rganizati~ns in ~rder t~ finance the liberation movement and, instead ~f being concei~ned with the education of refugees, it should support the adult education pr~grammes ~f the political parties within the Territory. Secondly, the C~uncil should c~mpile a re6ister of political prisoners in Namibia and try t~ help them and their dependents.

24. On other subjects, the SWANU representatives indicated that, subject to min~r reservations, they would support the travel documents scheme. With regard to the membership ~f SWANU, they stated that it was mainly concentrated in Namibia itself, and that there were approximately seventy members, mostly students in ~ther countries, primarily in Sweden, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Eastern Europe and Zambia·. The representatives of SWANU declared that they had n~ c~nnexion with SWANUF.

25. In addition to the consultations held by the C~ncil for Namibia with the . representatives of the Namibian people, the Special c~mmittee on the Situati~n with regard t~ the Implementation of the Declaration on the Granting of Independence to C~lonial C~untries and Pe~ples has, under the provisions of General Assembly resolution 1805 (XVII), examined petitions relating to 1-'c.oibia, in accordance with its established pr~cedures. The Special c~mmittee has rep~rted separately on this t~ the General Assembly. '2.) The petitions >vhich raised matters of concern to the C~uncil for Namibia have been brought to the latter's attention by the Secretariat.

D. Consultati~ns and co-operati~n with the specialized agencies and other organs ~f the United Nations

26. The question of the co-~peration of the specialized agencies in regard t~ the Namibian question was first raised in General Assembly resoluti:::m 2248 (S-V), section III, paragraph 2, in the foll~wing terms:

"Requests the specialized agencies and the appropriate organs of the United Nati~ns t~ render to s~uth \\Test Africa technical and financial assistance through a co-ordinated emergency programme to meet the exigencies 11 of the situation; •

'2.) Ibid., Twenty-fourth Session, Supplement N~. 23 (A/7623/Rev.l), chapter VII, sections A and B.

-7- .,

27. The General Assembly, after c~nsidering the sec~nd report of the Council, ~/ ad~pted resolution 2372 (XXII), paragraph 4 (a) of which stated:

11 In consultation and c~-operation with the specialized agencies and other appropriate organs of the United Nations, \'lhich under section III, paragraph 2, of i'esolution 22Lf8 (S-V) were requested to render technical and financial assistance to Namibia, the Council shall assume responsibility for establishing a co-ordinated emergency programme for rendering such assistance, in order to meet the exigencies of the present situation;".

28. Subsequently, a sub-committee established by the Council for the implementation of the above paragraph lJ. (a), examined the question and reached certain conclusions -..1hich v1ere included in the c~uncil' s report to the General Assembly 1/ at its twenty-third session. Its main conclusions were that (a) an outline of a co-o~dinated emergency programme should be prepared, and (b) the Acting C~mmissioner should approach the specialized agencies and other organs of the United Nations to seek the assistance of experts in the preparation of this programme.

29. The Council has considered two main aspects of the question, namely, the preparation of the long-term plan for the economic and social development of the Territory to be implemented when the Council is enabled to discharge its powers and functions in the Territ~ry, and secon~y, the short-term emergency programme for rendering technical assistance to Namibians limited t~ meeting the exigencies of the present situation.

30. As regards the long-term plan, the Acting Commissioner, in consultation with the Office ~f Technical Co-operation of the United Nations Secretariat, examined, among ')l;her·thin~s, the financial implications of the preparation of an outline development plan for Namibia. The Office of Technical Co-operation undertakes projects only at the request of Governments. In this instance, the Office would be enabled t o undertake projects at the request of the Council in its capacity as th), legitimate administei~ing authority. jl. .It 'ilas fux·ther suggested that the Economic Commission for Africa, of \V'hich Na'l'\ibia' is sn Pss:,ciate member, might be requested to examine published material on 'socio-economic: c:onditions of the Territory available in United Nations documents and ~ther published s~urces. For this purpose, a group of two or three consultants would suffice. The Economic Commission for Africa, -v1hich is equipped with a research section and maintains permanent liaison with important specialized agencies, could also be requested to co-ordinate the preparation of the outline.

32. The tentative long-term programme of study would include (a) the collection and assessment of existing economic data on the resources of the Territory, including a survey of possible mineral dep~sits, as ·t-rell as data on the available trained manpO\·ler outside the Territory; (b) the preparation of a survey of foreign inve stments in Namibia; (c) the compilation of a list of facilities for technical

Y Ibid., Twenty-secona Session, Annexes, agenda item 64, document A/7088. I/ Ibid., Twenty-thir d Sess ion, agenda item 64, document A/7338 and Corr.l

-8- • , training available outside the Territory. On the basis of such a study,_ a programme of technical assistance could be drawn up and the cost estimated.

33. The Council, in its previous report to the General Assembly, §/ had further recJmmended that the Administrative Committee on Co-ordination (ACC) should also be requested to examine, in consultation 1·1ith the Council for Namibia, the question of the implementation of section III, pa:cagra ph 2, of General Assembly resolution 2248 (S-V) and paragraph 4 (a) of resolution 2372 (XXII). The Acting Commissioner accordingly arranged that ACC should consider the matter at a future meeting in the light of a paper to be presented by the Council. In the meantime, in carrying out the duties assigned to him by the Council in the matter, the Acting Commissioner conferred in Geneva with representatives of the ILO, \·JHO, UNESCO, and FAO in order to examine with them what assistance these agencies might be able to give to Namibians abroad within their existing programmes. The Acting Commissioner addressed the following questions to the agencies concerned:

(a) Is your agency already engaged in any programme in, or benefiting, Namibia?

(b) Is your agency already engaged in programmes which are, or could be, of assistance to Namibians resident outside their hone country, or would it be prepared to undertake such programmes?

(c) Is your agency pr epared to undertake contingency planning for programmes of assistance to Namibia which could be implemented at such time as the administration of the Territory is transferred to the United Na tions Council for Namibia and subsequently to the Territory attaining independence?

34. Replies to the Acting Commissioner's questions are summarized below:

UNESCO

( (a) The UNESCO is not engaged, for the time being, in any programme in Namibia of be nefit to Namibians. The General C::mference of UNESCO, however, at its fifteenth session, instructed the Director-General to increase UNESCO's activities in favour of refugees, inter alia, in Africa;

(b) The UNESCO is not at present engaged in programmes of assistance to Namibians residing outside their h~me country. It is, however, participating in the United Nations Educational and Tr aining Programme for Bouthern Africa (General Assembly resolutions 2349 (XXII) of 19 December 1967 and 2431 (XXIII) of 18 December 1968). There are many training facilities in Af rican countries sponsored by the United Nations Development P:cogramme (UNDP) and UNESCO which in principle are open to Namibians, subject to the authorization of the host Governments concerned.

(c) The Secretar iat of .UNESCO is willing to consider in due time the pos sibility of under t akin0 contingency planning for programmes of assistance to Namibia when i t s administration is transferred to the United Nations Council f.or Namibia and subsequently upon independe nce.

' f}j Ibid.

- 9- •,.

(a) In 1964, the ILO Conference, at its forty-eighth sessi~n, ad~pted a declaration setting out recommendations for che.r.ges in South Africa as regards discrimination in the fields ~f admissi~n to employment and training, freedom from forced labour, freedom of association and the right to organize. Each year the Director-General submits reports on the application of this declaration, and in the first special report he outlined some positive measures in the labour field which would be needed to complement the legislative changes called for in the original ILO programme. These legislative changes and positive measures could, mutatis mutandis, afford the general basis for a transition in Namibia in labour matters.

(b) The ILO i s assisting in the United Nations Educati~nal and Training Pr~gramme for Southern Africa, and is ready t~ furnish technical assistance within its field to Namibians outside the Territory, whether spons~red by G~vernments, the High Commissi~ner for Refugees or any other ~r ganization recognized for that purpose.

(c) The ILO is prepared to participate in emergency pr~grammes of assistance to Namibia to be implemented when its administration is transferred to the United Nations Council for Namibia and subsequently upon independence.

FAO

(a) In 1908, FAO sanctioned emergency food aid fr~m the resources of the \rJorld Food Programme to meet the needs of ~ver l, 000 refugees from Namibia.

(b) Under an arrangement between FAO and the United Nations High CJmmissioner for Refugees, the former provides the latter with technical assistance whenever required and the United Nations Development Pr~graw~e furnishes funds on an ad hoc basis for this purp~se. The FAO can therefore assist in the settlement of refugees from Namibia in countries such as Zambia and Botswana. Refugees and other Namibian expatriates qualify, like other refugee c~mmunities, for technical a ssistance, f~od aid fr~m the w~rld Food Programme and for certain types of agricultural training.

(c) The FAO will be happy t~ undertake assistance to Namibia when facilities for such activity exist and, at such time, could rapidly mount a task force to carry out the on-the-spot preliminary survey necessary for detailed contingency plans. In addition, various global studies by FAO in agricultural developme nt will in the long run be nefit Namibia to some extent.

WHO

( a ) The World Health Organization (WHO) is not currently engaged in any programme in, or of benefit t o Namibia.

(b) Current WHO programmes are, or could be, of assistance to Namibians resident abroad. The Constitution of WHO states, in article 2 ( e), that the

-10- •,. ::>rganizati~:m shall "provide ::>r assist in providing, upon the request of the United Nati::>ns, health services and facilities t::> special gr::>ups, such as the peoples ::>f trust territories". In this respect, WHO is prepared t::> receive and c::>nsider requests for specific forms of assistance, including fell~~ships for training in health professi::>ns. The WHO is also providing fellowships for refugees sp::>nsored by the High Commissi::>ner for Refugees.

(c) The WHO, in terms of its relationship agreement with the United Nations (articles IV, VII, VIII and IX), is prepared to participate in contingency planning for programmes of assistance when the administration is transferred to the United Nations C::>uncil for Namibia and subsequently upon independence.

35. In regard t::> the Economic Commission for Africa, the Council recalls, as mentioned in paragraph 31 above, that the CJmmission, by its resolutions 151 (VIII) of 21 February 1967 and 194 (IX) ::>f 12 February 1969, established associate membership for Namibia. The C::>uncil hopes that in due course the Organization of African Unity will, after necessary consultation with the United Nations Council for Namibia, propose the name of a representative of Namibia to the Commission.

36. In regard to the specialized agencies of the United Nations, the Counci~ has decided to seek associate membership for Namibia in accordance with the respective constitutions of these agencies.

E. Question of travel documents

37. It will be recalled that at its third meeting, on 16 November 1967, the C::>uncil, in view of the receipt of applications for a "United Nations passport" from a number of persons claiming to be citizens of South West Africa and residing outside the Territory, decided to establish an Ad Hoc C::>mmittee to study the question of travel documents.

)8. After considering a report of the Ad Hoc Committee, the Council decided in principle to proceed 'dth its own arrangements for the issuance of travel documents to Namibians instead of utilizing existing international machinery.

39. The Council noted, in this connexion, that the basic condition for international travel documents t::> be effective is that States accept such documents for the purpose of entry into and travel in their Territory. The Council considered that the inclusion of the right of return clause in the document would facilitate its wider recognition by States.

40. The decision set out in paragraph 37 above was communicated to the General Assembly in the Council's second report. 21 The General Assembly thereupon decided, by resolution 2372 (XXII) of 12 June 1968, that:

21 Ibid., Twenty-second Session, Annexes, ag~nda item 64, document A/7o88.

-11- . " "The Council shall continue vJith a sense of ur:3ency its consultati::ms · on the question of the issuing to Namibians t :,:avel documents enabling them to travel 8broad." l.~l. As related in its previous rep:::>rt, the Council approached the Governments :Jf the United Republic Jf Tanzania and Zambia for their cJ-operation in vie>~ of the fact that most Namibians abroad are currentl~ resident in these two countries. ~ Consultations with the Governments of the United Republic pf Tanzania and Zambia, which had agreed with the scheme in principle, proceeded during 1968 in New York. Both Govern~ents suggested that the discus sions be continued in their respective capitals directly with the Ministers of the G:::>vernment immediately concerned.

42. The Council, at its fifty-fifth meeting on 22 January 1969, decided, therefore, to send a mission, composed of the representatives of Guyana and the United Arab Republic (both members of the Ad Hoc Committee on Travel Documents) and the Acting Commissioner for Namibia, with the following terms of reference:

(a) The primary purpose of the m~sion would be to finalize the necessary aTrangements to enable the Council to issue travel documents to Namibians. Any arrangements arrived at \vould be ad referendum;

(b) The mission v1ould visit Lusaka, Dar es Salaam and Addis Ababa, as well as the capitals of such other African countries as the mission might deem necessary;

(c) The miss i.on would arrive in East Africa early in February. Af ter having completed the negotiations with the Governments of the United Republic of Tanzania and Zambia, the mission would proceed to Addis Ababa for consultations on the question of travel documents, and other matters concerning Namibia, with the secretariat of the Organization of African Unity (OAU) and with individual Forei.:?; n Ministers attending the meeting of the Council of Ministers of the Organization of African Unity opening on 17 February 1969.

43. The mission visited Lusaka from 5 to 10 February and Dares Salaam from 10 to 15 February 1969.

44. During its stay in both capitals, extensive consultations were conducted with the Ministers concerned of the two Governments on the modalities for issuing the travel documents to Namibians abroad either directly by the Council or on its behalf. Although most of the issues v1ere resolved and others were narrowed down, there still remained s ome matters to be settled after the mission returned to Ne\v York. The Council remains hopeful that these issues will be satisfactorily resolved in the near f uture taking into full account the needs and requirements of the liberation str uggle.

45. During its stay in Addis Ababa from 15 to 19 Febr uary 1969, the mission had a m:Jst useful exchange of viev1s on the question of the t ravel documents with the Administrative Secretary-General of OAU and other high officials of that organization. The mission was given the benefit of the long experience of OAU with the problem of African refugees and was informed about the activities of OAU in this f ield.

!Q/ Ibid., Twenty-third Session, agenda item 64, docw~ent A/7338 and Corr.l, para. 25 . -12- .• 46. The missLm also had ::: asion to discuss the question of movement and provisional set.t.lement of l'Tamibians with a number of Ministers attending the Conference of Ministers. These discussi::ms related nainly to the problem of finding a c::mntry of as~rlum and suitable employment fJr Ner,1ibians af ter they had finished tl:eir studies abroad. The discussions l·ie:re guj_ded by the Council's view, already expressed in its previous report, that the responsibility for granting the right of :ceturn to Namibians could n:;,t be confined to the Governments of the United Republic of Tanzania &nd Zambia. "gj Subsequently, the mission gave an assurance to these Governments that the Council would attempt to relieve their burden by seeking permission for Namibians ,,1ho had resided in, but had left those countries without the right of return, to obtain residence in other countr ies. 'I'he response of the Ministers approached was generally favourable. It vms emphasized in many cases, h:::;wever, that acceptance of Namibians as residents would depen0. upon lvhether the Namibians concerned possessed the necessary qualifications to fill available employment vacancies or had other means of sustenan~e.

L~7. As indicated in paragraph 27 of its previous r eport, the C:;,uncil, pending the finalization of arrangements with the two major hcst Governments, requested the Secretary-General to address a communication to all States Members of the United Nations and members of the specialized agencies requesting them to undertake to recognize, and accept as valid, the travel and identity docwnents issued by the Council to Namibians abroad, as subject to the usual visa requirements of each State concerned, and to extend their full co-operation to the Council in the effective implementation of the scheme for the issuance of travel doc~~ents to Namibians. A communication to this effect was sent by the Secretary-General to the Permanent Representatives of the Member States of the United Nations on 12 December 1968 . ~

48. Up to the present time, replies have been received from forty Governments. The majority of these si~nify their readiness to reco6nize, and accept as valid, t r avel and identity docume nts issued under the terms indicated in the Secretary-General's letter.

F. E~ucation and training programme for Namibians

L:-9. It may be recalled that the Special Educational and Training F-.cogramme f or South \.Vest Africa originally established under the pl"ovisions of General Assembly r esolution 1705 (XVI) of 19 December 1961 and which remained in operation until 1967, 1vas consolidated vii th those of other dependent Territories in southern Africa under the provisions of General Assembly resolution 2349 (XXII) of 19 December 1967 . At the same time, under paragraph 4 (b) of resolution 2372 (XXII), the Council for Namibia was asked 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 technical and professional personnel may be developed who would be in a position t o undertake the public administration of the social, political and economic development of the State".

1l} Official Records of the General Assembly Twenty~third Ses s ion, agenda item 4, document A 7338 and Corr.l, para. 2 • ~ AjAC.l3l/lO and Add.l.

- 13- • J> 50. The Council still remains conscious of the urgent need to establish a sefarate training programme for Namibians under the Council's control. A sub-committee authorized by the Council to examine the necessary arrangements for establishing a separate training programme is engaged in examining in detail the various administrative, financial and supervisory aspects of the question.

51. During the period under review, the United Nations Educational and Training Programme for Southe:tn r frica, so far as Namibians are concerned, has, according to the information presently available, received forty-one applications, granted awards to twenty and extended the awards of twenty-r.ine otters, thus trir:ging to a total of forty-nine the number of Namibians at present in recelpT. ot· awards. !d) This figure sh~Js an increase of nineteen awards over last year. The representatives of the Namibian people, however, have indicated that they did not consider the United Nations scholarship awards to Namibians under the Programme as adequate. Noting the inadequacy of the existing Programme to meet the needs of Namibians, the Council considers that the establishment of a separate programme for Namibia will be a first step towards remedying the situation.

52. Other views expressed by representatives of the Namibian people are summarized below.

53 . In their discussion with the Council's mission to East Africa, representatives of SWAFO declared that they were in the process of planning a programme of education for Namibians abroad, a copy of which would be submitted to the Council in due course. They said that at a later stage they would seek the financial support of the Council in the implementation of the programme. On the other hand, the representatives of SWANU suggested that the Council should support an adult education programme \~ithin the Territory.

54. Hith regard to the United Nations Educational and Training Programme for Southern Africa, the Council, in paragraph 37 of its previous report to the General Assembly had recommended that, pending the establishment of a separate educational and training programme for Namibians, it should be associated with the present administration of the Programme in order to ensure that adequate provision is made for the award of scholarships and grants to Namibians.

55. In accordance vJith the provisions of General Assembly resolution 2431 (XXIII), the Secret ary-General established the Advisory Committee on United Nations Education and Trainin~ Programme for South Africans to be c0mposed of the representatives of the following seven Member States: Canada, Democratic Republic of Congo, Denmark, India, United Republic of Tanzania, Venezuela and Zambia. In response to the Council's request, the Secretary-Ge neral al so decided to recommend to the Advisory Committee that it provide for participation in its >Vork, as appropriate, of the Council in an observer capacity (A/7L.-96) •

56. The Council, therefore, at its sixty-third meetin~ , held on 27 May 1969, decided officially to inform the Secretary-General that it would send an observer t o the Advisory Committee.

I n accordance with operative paragraph 4 of General Assembly resolution 2431 (XXIII) on the United Nations Educational a nd Training Programme for Southern Africa, t he Secretary-General submitted a separate report on the Programme (A/7735). -14- G. Review of the laws and practices established in the Territory by the Government of South Africa

57. Under the terms of paragraph 9 of General Assembly res·::>lution 2283 (XXII), the Council was requested by the General Assembly "to take urgent and effective measures 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". The Council, as reported previously, requested the Acting United Nations Commissioner for Namibia to make a detailed study of the questions involved and subsequently decided that a digest and a review of the laws and practices should be undertaken.

58. The Acting Commissioner has reported to the Council that he has engaged the services of an expert consultant to assist him in this study, which he hopes to submit to the Council at an early date. The Council considers that this study will facilitate implementation of the General Assembly's decision that effective measures should be taken to put an end to laws and practices established in Namibia by the Government of South Africa contrary to the purposes and principles of the Charter of the United Nations.

\ -15- • I>

II. ACTIVITIES OF THE LIBERATION MOVEMENT

59· During t he period under review, the Namibian peopl e have continued their struggle in opposition to the occupation of their country. The nature of the resistance activities varied fr Jm active to passiVe resistance, from armed activities to peaceful demonstrations.

60. Control of the Press a nd other information media has enabled the South African Government to withhJld most of the relevant infor ma tion from the outside wJrld, but enough details have come out t J confirm that the strugg le for freedom and human dignity is continuing throughout t he Territory.

61. In its previous report to the General Assembly at its twenty-third session, the Council for Namibia described the serious situation i n the Caprivi Strip. Further information about these events wa s received by a mission of the Council, which visited East Africa in February 1969 and had occasion to visit a refugee reception camp at Senanga, about 300 miles from Lusaka, where almost 400 refugees from the Caprivi Strip are noH l ocated. During intervieivS with a number of the r efugees, the misaion was to~ how they had been threatened by the South African authorities because of their refusal to give information ab out the freed~m­ fighters in Caprivi a nd had been forcib ly expelled from the Territory leaving behind their cattle and other possessions because of the intJ l erable s ituation prevailing in their country.

62 . Further c onfirmation of increased activities of the freedom-fighters was g iven in a number of statements by the South African Minister of Police and the Interior in which he gave details of "terroris t" activities i n the Caprivi Stri p and a nnounced the arrest of "agitators" and "terrorists". The Minister a lso acknowledged that South Africa was facing an increasing threat of "terrorism" i n the area. Subsequently; the Minister announced that several of the forty-six Africans ar rested earlier i n Caprivi had been taken to Pretoria for questioning . He added that about 2,000 "terr:Jrists" were being trained abroad by SHAPO and the African National Congress of South Africa, and that i n a nticipat ion of "terrorist" attacks from acr oss its borders, t he Republic was sending hundreds Jf policemen to help fight "terrorists" there. Earlier the South African House of Assembly had approved a supplementary appropriation for increased activities Jf the South African po lice a l ong the borders of Namibia and South Africa .

63 . According t o information received from ffiJAPO , some of their leaders earlier this year visited the fighting areas in Nami bia on a f act-finding mission in order t o see with their own eyes the s i tuation created by the intensified activities of the freedom-fighters in the nort hern part of the country which had led to atroc i ous ret aliations by the South African Government; i nc luding the poisoning of water resources, the burning of large stretches .Jf forest and t he execution of sixty-three people who had refused to g ive information t o the authorities, and the subsequent f light of thousands of people.

64. The 8\-lAPO l eaders also Hanted to investigate the living conditions of the freedom-fighters in the area i n order to take these condit i ons i nto account in future planning . They r eported that during their stay they had met villagers and freedom-fighters and had held frequent meetings in camps and villages where

-16- •Jj they vrere welcomed by the civilians. They found that the executions had not frighten~d villagers into inactivity, but that the population showed an increased determination to with_stand the enemy and t::> make up for the deaths of their fellow Namibians by intensifiec:l actbn. The people in the villages were pr·ovid ing the fighters with food and shelter end continued to co -operate with them.

65. The SWAPO also reported that the freedom-fighters vlere maintaining some semi-administrative functions in large areas such as medical and social services and, though on a small scale, 1-rere also teaching people to read and to write .

66. Another sign of resistance to the occupying au~hority was a serious disturbance vlhich occurred early in January at the reilvrays goods sheds at Walvis Bay, which led to the trial of sixty-four Namibians in the Windhoek Magistrate's Court cnarged with public violence or, alternatively, assault with intent t o commit grievous bodily harm, assault or disturbing the peace.

67. Elsewhere in this r eport details are provided concerning the Namibians' resistance against their forceful removal from their homes and against the establishment ::>f so-called native Homelands (see paragraphs 86 to 89). The present objectives of the Namibian political parties, as made kno1-rn to the Council during its hearings in Lusaka and Dar es Salaam, are recorded in another section ( pa ragraphs 18 to 24). 'I'he main problem of the Namibians, as stated by them, is to receive the necessary material support f rom the outside world to continue and intensify their struggle for freedom. While expressing their appreciation of the support and sympathy vrhich they have received from certain States, the Namibian parties hoped that they would receive similar contribut ions from other States.

68. In this connexion, the Council notes the view expressed by the Special Committee on the Policies of Apartheid of the Gover nment of the Republic of South Africa in its report t o t he General Assembly that , "at the present stage> the United Nations and Member States can make the most significant contribution t o the solution of the grave situation in South Africa, and in southern Africa as a whole, by providing effective material assistance to the oppressed people of South Africa and their mo vement for l i beration in their legitimate struggle", }}:) and the Special Committee ' s r ecommendations for providing assi stance to the organizations and institutions recognized by the Organization of African Uni ty.

Official Records of the General Assembly, Twenty-fourth Session, Supplement No. 25 (A/7625/Rev.l), para. 146.

-17- III. ACTIVI'riES OF FOREIGN ECONOfv!IC AND OTHER INTERESTS IN THE TERRITORY

69. In 1964, the Special C8mmittee 8n the Situati8n with regard t8 the Implementation 8f the reclarati8n on the Granting of Independence t8 Colonial Countries and Peoples undertook, at the behest of the General Assembly, a detailed study of the implications 8f the activities of the mining industry and other internati8nal companies having interests in Namibia in order t8 assess their ec8nomic and political influence and their mode of operation. The results of the study were communicated to the General Assembly in a report submitted t8 it at its nineteenth session. 15/ Since then, the Special Committee has, at the request of the General Assembly,-undertaken further studies 8f the activities of foreign econ8mic and other interests in Namibia and has reported thereon to the General Assembly at its twenty-second and twenty-third sessi8ns. 16/ A fourth report on the same topic was prepared by the Special C8mmittee f8r submission t8 the General Assembly at its twenty-fourth session (A/7752 and Add.l).

70. The very extensive inf8rmation contained in these reports and in the Secretariat working papers annexed to them reveals the dominant role played by S8uth African and other f8reign capital in Namibia's ec8nomy. Not only are the main sectors 8f production controlled by foreign enterprises or their subsidiaries, but the structure of the economy itself has been influenced by the concentration of outside investment in the development of a few highly profitable large-scale export industries, namely, mining, fishing and karakul farming, which exploit the Territory's rich natural r esources, to the detriment of other sectors, such as manufacturing and industries, catering to the domestic market. Namibia's domestic requirements are largely filled by producers in South Africa . Another characteristic of this unbalanced economy is that most of the industrial development has taken place within what is known as the Police Zone, an area mainly devoted to "White" settlement. Outside this zone, more than half of the Africans of Namibia live on a subsistence basis supplemented by the earnings of migrants wh8 enter the "White" area on temporar y contracts to work for low -,rages as unski l l ed labourers or servants.

71. The lack 8f balance in the ec8nomy is illustrated by the fact that, of a reported gross domestic product amounting in 1967 to R26o million 17/ at market prices, approximately half, or Rl37 million, was attributed to exports of minerals, principe. lly diamonds, lead and copper. Of the remaining Rl23 million, the fishing industry accounted for R50 million and agriculture, mainly karakul, dairy f arming and cattle ranching , al .l predominantly "White" controlled industr ies, together accounted f8r about R4o million .

Ibid., Nineteenth Sessi8n, Annexes, annex No. 15, document A/584o. Ibid., Twenty-second Session, Annexes, agenda item 24, document A/ 6866/Add .l, appendix II; and ibid., Twenty-third- Session, Annexes, agenda item 68, documents A/7320 and Add .1, appendix II. One rand equals $US1.4o.

-18- 72. The two most i mportant sectors of the economy, mining and fishing, are almost exclusively dominated by large enterprises, some of them South African, as in the case of the five principal fishing companies, and others internati onal in character. The most important mining companies are Consolidated Diamond Mines, a subsidiary of the Anglo-American Corporation of South Africa and the Tsumeb Corporation, predominantly contr0lled by American Metal Climax and Nev1mont Mining Corporation, both of the United States of America, which together account for nearly 90 per cent .of mining output. In 1967, these t1-10 ccmpanies reported net ;profits of R54 .3 million and Rl4 .3 million respectively. Other companies with mining interests in Namibia are: the South West Africa Company; the Iron and Steel Corporation of S~:mth Africa; the South African-JVmed Klein Aub Copper Company; Marine Diamonds Corporation; Tidal Diamonds, owned jointly by Consolidated Diamond Mines and the Get.ty til Company of the United States; and Etosha Minerals, a subsidiary of Briliind Mines of Canada.

73. During the past ten years, the economy as a whole, and the minin3 industry in particular, have undergone considerable expansion, the value of mineral exports more than doubling between 1962 and 1967. Re cent discoveries of extensive new mineral deposits, especially copper, indicate that this trend will continue a nd, indeed, have produced a marked upsurge of prospecting activity .

74. Since October 196o, when the General Assembly terminated t he Mandat e, a number of new mining and prospecting concessions have been granted both to companies already operating in Namibia and to new enterprises. In 1968, a consorti um composed of three South African companies, together with the South African- ovmed Klein Aub Copper Compa ny, obtained a prospecting concessi on covering 8,5COO square miles between Rehoboth and the Botswa na border, which is believed to contain one of the largest copper deposits in the v1or ld. t:1<: compani es which are reported to have recently begun prospecting for base minerals include the Nava rro Exploration Company, Kennecott Copper Corporation, Bethlehem Steel Corporation and Rio Tinto Mining Corporation, all of the United States of America, Anglo-Vaal and Klipfontein 0r ~ anissasie Products- Korporasi e Bpk., both of South Africa.

75. Since 1967, the intensive search for petrol eum being carried on in South A:i: rica wa s extended t o Namibia and resulted in the granting, i n 1968 and early 1969, of concessions covering a t ot al of almost 9 , OJO squa:;:-e mile s to the follo1dng international companies or groups of companies: Shel l and British Petroleum of the United Kin g d om ~ De Beers Cons olidated Mi nes of South Africa and Societe Nationale des Petr::>les d'JI.quitaine ::>f France ; G'Jlf Oi l of South Africa (a vlh ::> l ly-::>wned subsi di ary ::>f Gulf Eastern Oi J Com_.an "Jf the United States of America); Chevr::>n Oil (a subsidiary of sta na a1 d 0il of California, United States); and a consortium c::>nsisting of H. M. Mining Expl orat ion Company in associati on with Syracuse Oils of the United Ki ngdom and Vl.Jodf::>rd \)il and Gas Company Ltd. of Canada. It sh.Juld be noted that except for some indi cati ons in t he area of the Etosha National Park, no posit ive evidence has been reported of the exi stence ::> f petroleum itt Namibia and it appears that the search i s mainly stimulated by the existence of oil f i el ds in neighbouring Angola.

-19- IV. THE INTRANSIGENT AND NEGATIVE ATTITUDE OF THE GOVERNMENT OF SOUTH AFRICA

76. Since the C:::>uncil submitted its last rep~rt t o the General Assembly, there has been n:::> apparent change in the p~lic:y ~r attitude :::>f the G~vernment :::>f S:::>uth Africa, which steadfastly refuses t:::> implement the res:::>luti:::>ns ~f the General Assembly and the Security C:::>uncil pertaining t:::> Namibia and has c:::>ntinued, in blatant vi:::>lati:::>n :::>f th:::>se res~luti~ns, t:::> c:::>ns:::>lida te its ille ~a l c~ntr~ l :::>ver Namibia. During the past year, the G:::>vernment ~f S~uth Africa tx>k fu:i:ther acti~n t~ carry ~ut th:::>se rec~mmendati~ns :::>f the n~t~ r i:::>us Odendaal re p :::>~t, which called f::>r the divisi:::>n :::>f, the Territ~ry int :::> separate racial "h::>melands" and the transfer t:::> S:::>uth Afl.·ica ~f most of the executive and legislative p:::>wers hithert:::> exercised by territ~rial b~dies. While taking this action in t~tal disregard ~f the resoluti:::>ns :::>f the United Nations , especially the pr:::>v i s i~n s of Se curity C:::>uncil res:>luti:::>n 25l.:. (l9oSJ), which declared such act i~n t:::> be illegal , the G:::>vernment :::>f S:::>uth Africa has als~, in violati~n of Security C~uncil res ~luti ~ ns 245 (1968) and 246 (1968) , c:::>ntinued i ts illegal ao_r,J licatbn :::>f the Terr:::>rism Act, 19o7 t:::> the Territ~:cy and has taken further acti:::>n t:::> repress Namibian freed~m-fi g hters seeki ng their le 3itimate ri ~hts . Details ~f such acti~ns taken by the Government :::>f South Africa s ince the submissi~n :::>f the C)uncil's previ~us re p~rt are set :::>ut bel:::>i-1.

A. Deve_~:)~~a~_r:_!_~f "h:::>me lands" and transfer_ :::>f p~1-1ers fr~m the terri~c~~ial g:::>vernment t :::> the Republ_ic .?.!. S :::> uth Africa

77. In imp lement at i~n ~f the rec~mmendati~ns :::>f the Odendaa.l C:::>mtn i ssi :::>n, the S:::>uth African Parliament, ~n 3 June 1968, had passed the Devel~pment :::>f Self-Governme nt f:::>r Native Nati::>ns in S:::>uth \'Jest 1-l.frica Act, establishing six areas f:::>r "sel f - g~vern in g native nati :::> ns" e. nd pr:::>vi ding f:::>r the establishment ~f s ::>-called legisla tive councils and executive governments therein.

78. In Oc t ~ber 19-18, :::>ne :::>f these "h~melands", Ovanb::>l and, was established with its ~~.vn constitution, legislative c:::>uncil and executive g~vernment, and began exercising limited p~wers in several a r eas, subject t:::> t he appr::>val :::>f the State President ~f the Re public ~f South Africa. Steps fo:c" the establishment -:::>f Darnaraland, Hereroland, Kaokoland, Okavangoland and Eastern Caprivi i~lere also presumably being taken, alth~ugh, possibly because ~f opp~sition among the pe:::>ple concerned, there -were few new developments in that di rection during the per i ~d under review.

79 . - A subsequent s t ep taken by the S~uth African G~ver nment t::>wards the dismemberment :::>f the Territory, vir tually equivalent in its effects t::> the inc~rp~rati~n of that p::>rti:::>n ~f the Territ~ry a llocated f~r settlement by "\-,Jhites " under the Odendaal Plan int::> the Republic ~f S:::>uth Africa, was the enactment of le g islati~n in March 1969 transferring a major part ::>f the legislative, administrative a nd financial p~wers exercised by the territorial government t~ the Republi c ~f S ::>uth Africa .

- 20- 8o. By the terms of this legislation, the South Hest Africa Affairs Act, 1969, the powers of the territorial government were reduced to a level corresponding to those vested in the provincial goverDments of the Republic and restricted to matters dealing with the "vlhi te" population. All authority over the "non-White" groups not yet administered by the South J\frican Government, namely, the Rehoboth Easters, the Coloureds and the Namas, was transferred to the Department of Coloured Affairs of the Republic of South f rica, -v;hich is to administer the three groups separately on the basis or· their ethnic differences until the ultimate goal of the establishment of separate self-governing communities is attained.

81. Specifically, apart from matters dealing with the "non-White" population, the South West Africa Affairs 1\ ct prohibits the "Legislative l-i ssembly of South West Africa" from passing ordinances in any of the follo•·Jing areas: justice; prisons or prisoners; mining; forestry; surveying of deedsj agriculture; companies; fishing; censorship; labour; taxes on income, except for personal income tax and taxes on foreign shareholders; riotous assembly and engendering feelings of hostility between various racial groups; and education, health and veterinary services for 1\fricans. The Jl ct transfers the a.dministration of these matters to the appropriate minister in the Republic and vests the pov.rer t o legislate for the Territory by proclamation in the State President of the Republic, vho is also empowered to repeal or amend any law concerning these matters already in force in the Territory. The powers of the "Administrator" of the Territor y and the "Executive Council" to deal with all matters except those delegated to the "Legislative J<.ssembly11 are similarly rescinded.

82. With regard to financial matters, the Act merges the financial affairs of the Territory with those of the Republic by authorizing taxes l evied in the Republic to be extended to the Territory and establishing, within the Consolidated Revenue Fund of the Republic, a 0 South 1rlest Africa Account" consisting of all revenue from the Territory derived from sources over which the South . frican Government has legislative or administrative control.

83. Opponents of this policy, namely, the opposition parties in both Nam ibia and the Republic of South Africa, have criticized the combined effects of the se two acts as economically calamitous to the Territory as a whole and to the "self­ governing homelands 11 in parti cular. The latter are considered to be economically unviable, ~oth because of the shortage of natural resources and smallness of the groups involved, who, apart from t he Ovambos, range in numbers from 2 , 6~0 Tswana to 29,100 Okavangos.

84. Steps towards the impleffientation of the prov1s1ons of the Svuth West Africa Affairs Act relating to the separate development of the Coloureds, Easters and Namas began to be taken by the South P.frican Governme nt upon final passage of the Act in the spr ing of 1969 . On 30 May, the South :.frican Government i ntroduced a Bill providing for the establishment of an I nvestment and Development Corporation for the Rehoboth Gebiet i n which the only shareholder wnuld be the State . This body came into being on 1 September over strenuous objections by the Rehoboth Basterraad, the governing body of the community, to the effect that, contrary to existing l aw and custom, the Corporation v.Toul d have the pm..rer tc acquire , own a nd dispose of land and r equire Rehoboth burgers te own l a nd in order to be acknowledged as citizens. The ~asterraad stated that it was in no

- 21- way opp0sed t0 development, but that it could n0t accept legislatiCJn dra1:n up HithCJut its c0nsent and which HCJuld reduce the Basters t0 a subordinate status in their own homeland.

35. In regard to the Namas, it was reported in September 1969 that the G:>vernment had finally relocated almost the whole Nama community, numbering 40,000; in "Namaland" and had draHn up plans for a legJ.slative council and a chiefs c0uncil gradually to take 0ver legislative auth0rity and administrative functiCJns fr0m the Department of C0l0urecl Affairs. The "Namaland" residents t-1ere described as being mainly subsistence farmers.

B. Hoachanas

36. In January 1969, information was received by the C0uncil concerning the impending forced removal of 1,000 R0oinasie Nama residents of the Hoachanas reserve from their traditional homeland to a barren area some 200 miles aHay. According to a letter addressed to the Council by the Reverend Markus Kooper, representative of the S0uth Hest Africa United National Independence Organization (SWAUNIO) and headman 0f the Rooinasie Namas, the South African Government had made this decision to remove the residents of Hoachanas in September 1963, immediately after the removal of the residents of the Windhoek Old location to Katutura, which was referred to in the Council's previous report. 13/ He expected that the Government would force the Namas to move c..gainsttheir v1ill by first removing the more than 200 school children and their eight teachers, probably during January 1969 .

37. Mr. Kooper stated in his letter that the Hoachanas reserve, located in one of the best farming areas of the Territory, had been the home of the Rooinasie Namas since time immemorial and, during the time of the German colonial administration, had been proclaimed an inalienable reserve of 50,000 hectares. In 1925, a total of 36,000 hectares had been fenced off by the South African Government and given to "vfui te" farmers, and attempts had since been made to acquire the remaining 14,000 hectares.

88. On 24 January 1969, the United Nations Council for· Namibia granted the Reverend Kooper's request for an oral hearing. During the course of the hearing, he stated that the people of Hoachanas were afraid that, unless immediate steps uere taken by the United Nations, bloodshed and violence might result. He appealed to the Council to reaffirm that the residents of Hoachanas Here the true descendants of the original inhabitants of Hoachanas and could not be moved from that land v1i thout their freely expressed Hish , and to call upon the South African Government to allow the children to remain. If the Government of South Africa disregarded that appeal and proceeded to remove the children, he asked that the matter should be referred to the Security Council. He also asked the Council to appeal to South Africa t o restore to its original ovmers the 36 ,000 hectares at present occupied by ''white" settlers.

Official Records cf the General Assembly, Twenty-third Session, agenda item 64, document A/7338 and Corr. l, paras. 12-16.

-22- 39. Following the hearing, the Council authorized the issuance ~f a press release on 24 January stating that it had received informati0n to the effect that the South African authorities were planning to remove children ~f the Re>oinasie Namas from the Hoachanas reserve t~ a new locati~n in "Namaland" in the belief that the parents would be forced to follow them. Recalling that the General Assembly, in its resolution 1357 (XIV) of 17 November 1959, had urged the Government of South Africa to desist from carrying out the rem0val of these people, the Council drew attention to the illegality of such action folloHing the adoption of General Assembly resolution 2145 (XXI) of 27 October 1966.

C. Action taken with respect to the Terrorism Act, 1967

90. In its previous report, ]:2/ the Council informed the General Assembly of the appeal against their sentence by thirty-one Namibians, all members of the South West Africa People's Organization (SWAPO), who had been arrested in the Territory on charges under the illegal South African Terrorism Act, 1967, deported to South Africa and, after a long detention, tried and convicted in P:retoria for alleged "terrorist activities", in violation of General Assembly resolution 2324 (XXII) of 16 December 1967 and Security Council resolutions 245 (1963) of 25 January 1963 and 246 ~196 3) of 14 March 1963.

91. It will be recalled that the appeal was based on the fact that, since the Terrorism Act had been enacted after the adoption of General Assembly resolution 2145 (XXI), which terminated the Mandate, South Africa no longer had any _authority in the Territory and no power to legislate therein.

92. In November 1963, in further defiance of the authority of the United Nations, the Appellate Division of the South African Supreme Court in Bloemfontein rejected the appeal on the grounds that it had no authority to pronounce on the legality of the application of the la•, to "South West Africa". On a secondary appeal for reduction of sentence by eleven of the convicted Namibians, the Court reduced the sentences of five of the Namibians from life to twenty years and confirmed the tv1enty-year sentence passed on the six others.

93. Following the Court's ruling, the United Nations Council for Namibia reiterated and reaffirmed the statement issued by its President on 27 September (A/7249) in which he indicated that, following the adoption of General Assembly resolution 2145 (XXI) of 27 October 1966, the Council was the only legal authority charged with the administration of the Territory, that South Africa had no right t o legislate for or exercise any administration over the Territory and that, consequently, the thirty-one Namibians should be immediately released and repatriated. The Council's position was made known t o the President of the General Assembly and the President of the Security Council. gQ/

94~ On l July 1969, in continued violation of the above-mentioned resolutions, eight more Ovambos v1ere brought to tria l before the Supreme Court in Wi ndhoek on charges under the South African Terrorism Act of 1967 and two alternative charges under the Suppression of Communism Act, 1950.- The accused were reported

19/ Ibid., paras. 17-19 .

2Q/ Ibid., do cument A/7565, S/3903 .

-23- . to have been detair-ed in the Central Frison for periods up to ttree years, to have been informed of the charges against them only on 22 Febr~ary 1969, and to have been subsequently returned to Windhoek for trial.

95. As set out in the indictment, the accused, between 27 June 1962 and 26 January 1963, were alleged to have received training in guerrilla warfare and, inter alia, solicited other persons to receive such training, conspired Hith SWAPO to cause or promote a violent revolution or violent opposition to the Government, conspired to kill three Ovambo chiefs, killed a chief 1 s bodyguard and smuggled weapons, firearms and ammunition to "South West Africa" and to have committed arson, robbery and attempted murder.

96. All the defendants pleaded not guilty to the charges.

97. On 23 July, the President of the Council for Namibia addressed a letter to the President of the Security Council, 21/ inter alia, expressing great concern at the Government of South Africa 1 s conti nued flouting of the Security Council 1 s authority as evidenced by the steps it was continuing to t ake towards diswembering the Territory and by the illegal trials of Namibians under the Terrorism Act , 1967. The President stated that, in the circumstances, the United Nations Council for Namibia had unaninJO usly concluded that the Security Council should take urgent measures to ensure the speediest possible i mplementation of its resolution 264 (1969).

93. On 20 August, sj_x of the accused were f ound gu.ilty as charged under the illegal Terrorism Act; five were subsequently sentenced to life i mprisonwent and the sixth Namibian sentenced t o imprisonment for a term of eighteen years. An application by the six Africans for leave to appeal agai nst their sentences and convictions was to be heard on 23 October by the Judge President of "South West Africa".

D. Question of refugees

99. In its last report to the General Assembly , the Council indicated the existence of a serious situation in the Caprivi Strip between June and December 1963. turing these months, continuing clashes betHeen So uth African police and freedom-fighters Here believed to have r e sulted in the death of forty-six Namibians and the arrest of 117 others. At its meeting on 23 October 1963, the Council had condemned these atrocit ies and dravm the urgent att ention of the Security Council t o the serious situation which· had arisen as a result of these illegal actions of the South African Government. ?::5}

100. Acco:r:ding t o reports subsequently r eceived by the Council, as a result of the fighting, about 1,000 Africans from the area had been forcibly expelled to Zambia and about sixty others had sought asylum in EotsHana .

?J:} S/ 9352.

~ S/ 3367.

-24- 101. On 25 November 1963, the Uni ed Nations High Commissioner for Refugees, with whom the Council is in close and continuous contact, informed the Executive Committee of the High Commissioner's Programme that he had granted a total of $29,000 from his Emergency Relief Fund to the Government of the Republic of Zambia to permit that Government to provide relief measures for those Nami bians in Zambia as 't7ell as some 3,600 Angolan refugees. The refugees being assisted under the grant would be settled in the existing MayubJayukHa refugee settlement.

102. On 9 February 1969, Hhile in East Africa, the mission of the Council for Namibia, with the agreement of the Government of Zambia and through the co-operation of the representative of the High Commissioner for Refugees in Zambia, visited a refugee reception camp at Senanga, about 300 miles from Lusaka, where about 4oo refugees from the Capri vi Strip vJere located, and held interviews with a number of refugees. The refugees interviewed stated that they were v1ell taken care of and satisfied considering the circumstances , but that they were determined to return to their own country as soon as it \·las free. It seemed to the mission that their accommodation, although provisional, was adequate.

103. In discussions with the representative of the United Nations High Commissioner in Lusaka and with government officials, the mission was given to understand that similar conditions prevailed in the two other camps in Zambia where refugees from the Caprivi Strip had been temporarily located.

- 25- . 1/J

V. IMPLEivJENTATION OF RELEVANT RESOLUTIONS OF THE GENERAL ASSEMBLY AND TEE SECURITY COUNCIL

104. In paragraph 44 of its last report to the General Assembly, the Counctl drew attention to the implications of the continued and intensified defiance by South Africa of all United Nations decisions concerning Namibia. Expressing its concern that the trend of developments in the Territory had already aggravated the serious threat to international peace and security in the area and pointing to the distinct likelihood of an outbreak of violence and raci al war on an unprecedented scale, the Council '~as convinced that the responsibility of the United Nations to avert this threat must be exercised resolutely and '"i thout delay. It accordingly recommended that the Assembly should request the Security Council to take effective measures, including, as appropriate, those provided for under Chapter VII of the Charter of the United Nations, to secure the '"ithdra,.ral of South Africa from the Territory so as to enable the · people of Namibia to achieve their independence at the earliest possible date.

105. After examining the Council's report, the General Assembly, by its resolution 2403 (XXIII), drevr the attention of the Security Council to the seriCJus situation prevailing in Namibia and recommended to the Security Counctl that it urgently take all effective measures; in accordance with the relevant provisions of the Charter, to ensure the immediate VJithdraHal of South African authorities from the Territory.

106. It will be recalled that the Security Council, in its resolutiCJns 245 (i969) and 246 (1968), dealing with the illegal trial and sentencing of a group of Namibians in violation of the international status of the Territory and of the rights of the individuals con~erned, had recognized that the United Nations, and the Council specifically, have a special responsibility towards the people and Territory of Namibia. '.The adoption by the Council in 1969 of two further resolutions (see below) dealing with the question of Namibia constituted a significant first step toHards obtaining compliance by the Government of South Africa with the ten s of resolutions 2145 (XXI), 2249 (S-V) and other relevant r esolutions of the General Assembly, in particular resolution 1514 (XV) , and thus averting the ser·ious consequences of non-complian~e t o which the United Nations Council f or Namibia has referred.

107. B.y resolution 264 (1969), adopted on 20 March 1969, the Security Council, inter alia, reaffirmed "its special responsibility towards the people and Terri tory of Namibia" and called upon the Government of South Africa "to -vii thdraH immediately its administration from the Terri tory". In addition, the Security Council invited all States t o exert their influence in order to obtain South Africa's compliance and decided that, 11 in the event of failure on the part of the Government of South Africa t o cornply with the pr ovisions of the present resolution, the Security Council v·lill meet immediately t o determine upon necessary steps or measures in accordance with t he relevant provisions of the Charter of the United Nations".

-26- ' t- 109, The response of the Government of South Africa to the above resolution was set out in .statements by the South African Ivlinister for Foreign Affairs and the Prime Minister, the texts of which 'dere transmitted to the Secretary-General under: cover of a letter from the Mj_nister for Foreign Affairs dated 30 April 1969. This letter and the annexes thereto clearly indicated that the Government of South Africa Has not Hilling to comply with resolution 264 (1969).

109. Following receipt of the Secretary-General's report on the imple;·, entation of resolution 264 (1969, ?l} Hhich contained the response of the South African Government, the Security Council, at the request of the eleven Me r:-J ber States comprising the United Nations Council for Namibia, resumed its consideration of the question. On 12 August 1969, the Security Council adopted resolution 269 (1969) Hhereby it, inter alia:

"Condemns the Government of South Africa for its refusal to comply with resolution 261J. (1969) and for its persistent defiance of the authority of the United Nations;

trCalls upon the Government of South Africa to withdraw its administration from the Territory immediately and in any case before 4 October 1969;

"Decides that in the event of failure on the part of the South African Government to comply with the provisions of the preceding paragraph of the present resolution, the Security Council ':.Jill meet immediately to deterwine upon effective measures in accordance with the appropriate provisions of the relevant chapters of the United Nations Charter; ... ".

In other provisions of the resolution, the Security Council called upon all States to refrain from all dealings with the Government of South Africa purporting to act on behalf of Namibia and requested them to increase their moral and material assistance to the people of Namibia in their struggle against foreign occupation.

110. The Secretary-General's report on the i mplementation of resolution 269 (1969), which 'ilas submitted to the Security Council on 3 October 1969, 24/ contained a lengthy reply from the Minister for Foreign Affairs of Sout~Afr ic a in which he again set forth the arguments based on fallacious legal reasoning and the distortion of historical facts, which his Government had previously adduced for contesting the validity of General Assembly r esolution 2145 (XXI) and added that the same reasons applied with equal f orce t o all subsequent resolutions of the United Nations, including those of the Security Co uncil, whi'ch were based on that resolution._ In short, the reply made it clear that the Government of Sol.lth Africa would not comply with Security Council resolution 269 (1969) and would not withdraw its administration from Nam ibia.

~ S/9204 and Add.l.

2 ~/ S/9463. See also S/ 9463/Add.l.

-27- 111. During 1969, the United Nations Council for Namibia, mindful of its responsibilities under General Assembly resolution 2243 (S-V)~ continued to apprise the Security Council of developments concerning Namibia which, in its opinion, required consideration or action by the latter. In the course of the year, the Council for Namibia has to date transmitted four communications to the Security Council.~ In a recent letter, dated 10 October 1969, g§/ the Council expressed its grave concern at the defiant and negative response of the Government of South Africa to Security Council resolution 269 (1969) and voiced its unanimous opinion that the persistent refusal by South Africa to comply with the decisions of the Security Council in violation of Article 25 of the Charter of the United Nations would inevitably aggravate a situation which already constitutes a serious threat to international peace and security in southern Africa. The Council for Namibia accordingly drew the attention of the Security Council to the urgent need for effective action by the latter to give effect to its resolution 269 (1969).

112. In addition to the above, the members of the Council for Namibia, acting in their individual capacities as representatives of Member States, have been active in bringing the question of Namibia before the Security Council and have participated in the latter's consideration of the question.

113. In the light of the foregoing information, it need scarcely be emphasized that the efforts of the United Nations, including those of the Security Council, have so far produced no change in the totally negative attitude of South Africa concerning the question of Namibia. The defiant refusal by that Government to comply with the provisions of resolution 2145 (XXI) and subsequent resolutions

of the General Assembly and1 even more particularly, with the resolutions of the Security Council, can cnly contribute to further aggravating the very serious threat to international peace in the area to which the United Nations Council for Namibia drew attention in its previous report.

~ S/9032, S/9352, S/9420 and S/9471.

g§/ S/9471.

-28- • "

VI. CONCLUSIONS

114. During the past year, the South African Government has continued its defiance of the United Nations and world public opinion. Such defiance has taken on new and dangerous dimensions as a result of South Africa's actions, particularly its enactment of the South West Africa Affairs Act, 1969, Hhich violates the separate status of Namibia, thus purporting to incorporate the Territory into the Republic of South Africa.

115. In pursuance of its policies, South Africa has violated persistently the resolutions of the General Assembly, which required it not to destroy the national unity and territorial integrity of Namibia. At the same time and equally contrary to the expressed injunctions of the United Nations consonant with the expressed wishes of the people of Namibia, it has further i mplemented its policy of dismembering the Territory through its scheme for the creation of separate "bantustans" in Namibia.

116. Apart from these legislative measures, the general tenor of South Africa's actions in the Terri tory has become more and r.JOre oppressive of the people of Namibia. Tensions have mo unted and punitive measures have increased in scope and severity. Thus the situation resulting from South Africa's recalcitrance is not only subversive of an international order based on law, but constitutes a denial of the human rights and fundamental freedoms of the people of Namibia.

117. In these circumstances, it is both understandable and gratifying to note that the activities of the liberation movement are increasing. Living under a most repressive regime, Hhich employs military and police forces to oppress them, the people of Namibia have scored heroic deeds of resistance, particularly in view of the insufficient material means available to them. The sacrifices and losses of the people of Namibia are a constant reminder t o the Ho rld that the assertions of the South African authorities that all is well in the Territory are not based on fact or reality. The f orcible expulsion and flight of thousands of Namibians into neighbouring countries is an indication cf the oppression and consequent unrest and tension prevailing in the Territory.

113. In its annual report last year, the United Nations Council f or Namibia pointed to the danger of escalation of violence, racial war and to the threat t o international peace· and security in the area. Recent developments have confirmed this warning.

119. The Council for Namibia considers that an important development in regard to the Namibian question during 1969 haG been the adoption by the Security Council of resolutions 264 (1969) and 269 (1969), which called for the immediate withdraHal of So uth Africa from Namibia. By the former, the Security Council, inter alia, recognized "that the United Nations General Assembly terminated the Mandate of South Africa over Namibia and assumed direct responsibility for the Territory until its independence" and, by the latter, it recognized "the l egitimacy of the struggle of the people of Namibia against

-29- •II the illegal presence of the South African authorities in the territory". By adopting these two resolutions, the Security Council took the first steps towards the fulfilment of its responsibilities towards the people and Territory of Namibia.

120. The Council for Namibia considers that the basic cond:.i.tion for the fulfilment of the United Nations responsibilities towards Namibia is the application of effective measures to· ensure the immediate removal of South Africa's presence from the Territory.

-30- ••

VII. RECOMMENDATIONS

121. In the light of the foregoing conclusions and bearing in mind the activities which it has been pursuing in accordance Hith its terrn s of reference under the provisions of the relevant General Asser;1bly resolutions, the United Nations Council for Namibia recommends that the General Assembly:

(a) DraH the attention of the Security Council to the urgent need for it to meet immediately t o take effective measures; including those provided for under Chapter VII of the Charter of the United Nations, in order to give effect to its resolution 269 (1969) in vieH of the situation created by the defiant and negative response of the Government of South Africa to that resolution and particularly its refusal to "withdra H its adr,linistration from the Terri tory immediately and in any case before 4 October 1969", as provided in operative paragraph 5 thereof;

(b) Call upon all States to• refrain from all dealings - diplomatic, consular or other - with the Government of South Africa, purporting to act on behalf of the Territory of Namibia, and request the Secretary-General to repo~t on the action taken pursuant t o this recommendation to the General Assembl y , the United Nations Council for Nam ibia and other United Nations bodies, as appropriate;

(c) Call upon all States to ensure that their nationals or companies of their nationality refrain from all dealings wi th the Government of South Africa with respect to obtaining concessions or establishing commercial or industrial operations in Namibia and conduct such transactions with the United Nations Council for Nam ibia as the legitimate authority for the Ter ritory; further call upon all States t o ensure that companies or individuals of their nationality at present operating concessions or commercial or industrial undertakings in Namibia pay such royalties to the Council as the latter may determine;

(a) Take into consideration the fact that South Africa has persistently violated the principles contained in the Charter of the United Nations and has violated its obligations under Article 25 thereof, and t ake such appropri ate action as it deems necessary in accordance with the Charter;

(e) Appeal to all St ates to take appropriate steps at meetings of the speci alized agencies of the United Nations of 1;hich they are members in order t o obtain the suspension of a ll rights enjoyed by South Africa as a member of those specia lized agencie s;

(f) Call upon all States to extend necessary assistance to the Council >i"i th regard to the issuance of travel documents to Nami bians;

(g) Call upon a ll States to co-operate fully Hi th the Council f or Nar,Ji bia in its efforts to discharge its respons ibilities in accordance wi th i ts t erms of r eference;

-31- ' !~ (h) Further call upon all States, as Hell as the subsidiary argans of the General Assembly, other competent organs of the United Nations, and the specialized agencies to provide the necessary moral and material assistance to the Namibian people in their legitimate struggle for independence:

(i) Call upon the Government of South Africa to respect the Geneva Convention relative to the Treatment of Prisoners of Har, of 12 August 1949, 27/ vii th regard to the Namibian freedom-fighters, and the Convention of the sar~ e date relative to the Protection of Civilian Persons in Time of \

(k) Make adequate budgetary provision for the United Nations Council for Namibia to continue to discharge its responsibilities, and in particular to:

(i) Establish a separate education and training programme for Naroibians;

(ii) Establish an emergency assistance programme in co-operation with the specialized agencies; •

(iii) Issue travel documents as outlined in the report :

(iv) Meet with the representatives of the Namibian people.

~ United Nations, Treaty Series, vol. 75 (1950), No. 972.

29/ Ibid., No. 973.

-32- HOW TO OBTAIN UNITED NATIONS PUBLICATIONS United Nations publications may be obtained from bookstores and distributors throughout the world. Consult your bookstore or write to: United Nations, Sales Section, New York or Geneva.

COMMENT SE PROCURER LES PUBLICATIONS DES NATIONS UNIES les publications des Nations Unies sont en vente dans les librairies et les agences depositaires du monde entier. lnformez-vous aupr6s de votre librairle ou adressez-vous a: Nations Unies, Section des ventes, New York ou Geneve.

COMO CONSEGUIR PUBLICACIONES DE LAS NACIONES UNIOAS las publicaciones de las Naciones Unidas estan en venta en librerlas y casas distribuidoras en todas partes del mundo. Consuhe a su librero o dirijase a: Naciones Unidas, Secci6n de Ven•as, Nueva York o Ginebra.

Lltbo in U.N. Price: $U.S. 1.00 02386-February 1970-3.175 (or equivalent in other currencies)