H AFRICA

H AFRICA AND I EID SABHA SECRETARIAT NEW DELHI 1987

SOUTH AFRICA AND APARTHEID LOK SABHA SECRETARIAT NEW DELHI July, 1987

PRIS-A (BRO-9)/87 FIRST EDMON-1987 PRICE: Rs. 30.00 © 1987 BY LOK SABHA SECRETARIAT, NEW DELHI PUBLISHED UNDER RULE 382 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN LOK SABHA (SIXTH EDITION) AND PRINTED BY THE MANAGER, PHOTO lMo UNiT. GOVERNMENT OF INDIA PRESS, MINTo ROAD, NEw DELHI.

PREFACE The brochure seeks to analyse the origin and evolution of the apartheid policy of South Africa and its socio-economic and political ramifications. The crusade against apartheid being carried on by the United Nations, the Non-Aligned Movement and the Commonwealth, is discussed in some detail. A study of India's pioneering role in the campaign against apartheid has also been attempted with some emphasis on discussions in Parliament on this subject. The present study is based on published sources and is primarily intended as background material for Members of Parliament. So far as possible, precise sources have been indicated in the footnotes. However, it is suggested that only the original sources may be cited and referred to. We hope that Members of Parliament and other interested readers will find this brochure useful and informative. NEW DEL, SUBHASH C. KASHYAP, July, 1987. Secretary-General,

CONTENTS PAGE PREFACE (i) 1. INTRODUCTION 1 II. SOUTH AFRICA AND APARTHEID 2 III. CRUSADE AGAINST APARTHEID 15 IV. INDIA'S CAMPAIGN AGAINST APARTHEID 28 V. CONCLUSION 40 ANNEXURES I. UN Security Council Resolution of August 7, 1963, instituting a voluntary arms embargo against South Africa 43 I. International Convention on the Elimination of all Forms of Racial Discrimination 44 III. International Convention on the Suppression and Punishment of the Crime of Apartheid 54 IV. International Declaration against Apartheid in Sports 60 V. International Convention against Apartheid in Sports 65 VI. UN General Assembly Resolution of December 9, 1982, on the apartheid policy of South Africa 72 \ 1I. The Singapore Declaration of Commonwealth Principles 84 VIII. The Gleneagles Agreement on Apartheid in Sport 86 IX. The Lusaka Declaration of the Commonwealth on Racism and Racial Prejudice 87 X. The Nassau Accord on South Africa 89 XI. The Marlborough House Declaration 91 XII. Legislative Assembly motion of November 6,1944 94 XIII. Council of State resolution of March 22, 1945 95 XIV. Gazette of India, Extraordinary, dated July 17, 1946 96 XV. Lok Sabha resolution of March 30, 1960, on the Sharpeville massacre 97 XVI. Anti-ApartheidAct of 1981 98 XVII. Resolution adopted by Lok Sabha on July 19,1985 and Rajya Sabha on July 20, 1985 101 XVIII. Resolution adopted by Lok Sabha on August 7, 1986 102 XIX. Resolution adopted by Rajya Sabha on August 8,1986 103 SELECT BIBLIoGRAPHY 104

I INTRODUCTION The world today is confronted with several tension spots threatening international peace and cooperation. The deteriorating situation in South Africa Is causing concern not only in that country and the region as such but also the world over. The continued racial discrimination and exploitation of the African majorities on their own soil by the illegal regime in'South Africa is a blot on civilization. Apartheid, considered most abhorrent by the civilized world, is ruling roost in South Africa with Blacks comprising nearly 85 per cent of the total population being subjugated by the minority whites employing the most reprehensible tactics. All humanitarian considerations are being trampled upon. Blacks are not even getting the very basic necessities of life. Exploitation-political, economic and social-forms the very comer stone on which the edifice of apartheid has been erected. Popular leaders of the majority population have been languishing in jails for years together. Women and children are also not spared. There is hardly any facet of day-to-day life on which the impact of racism is not felt. Yet, it is not that the majority have been suffering this ignominy without protest. It is to their credit that they have been fighting this out-dated system with a crusading spirit. The knowledge that they are up against a ruthless enemy has not diminished their urge for a new order, rather it has only added to their dejermination to achieve their goal. The world community has not remained a silent spectator to the oppression that is being perpetrated in South Africa. India was one of the first countries to highlight the plight of the majority community. In fact, Mahatma Ganclhi started Satyagraha against the white regime way back in the beginning of the twentieth century. The United Nations Non-Aligned Movement, Commonwealth, the Organisation of African Unity and several other intematiodal organisations and bodies have also been in the fore-front of the movement to have the aparlheid system dismantled. It, however, has to be admitted that the Pretoria regime has been able to perpetuate its policies in utter disregard of the international public opinion. The racists have been successful in their endeavour because of the covert, often overt, collaboration of certain western powers. Their economic and even military support have enabled the ruling junta in Pretoria to consolidate its position. Emboldened by this support, South Africa has let loose a reign of terror not only within the country but also on the Frontline States who are determined to fight the racist regime. Thus, at the fag end of this century, the world has yet to contend with this absolutely despicable practice of apartheid. The ensuing Chapter discusses the history and evolution of apartheid and the political, economic and social dimensions of apartheid.

SOUTH AFRICA AND APARTHEID The Republic of South Africa lies at the southern extremity of the African continent. On the north-west of South Africa is Namibia, Botswana and Zimbabwe to the north, Mozambique to the north-east ana Swaziland to the east. Lesotho lies entirely surrounded by South Africa, towards the eastern part of the Republic. I There are five maj6r ethnic groups that make up the multiracial sotiety in South Africa. The "Khoisan" peoples like Bushmen, Hottentots and Bergdamara are the present-day survrurs of the nation's earliest inhabitants. The negroid Bantu speaking people fall into several tribal groupings. The Nguni comprising Zulu, Swazi, Ndebele, Pondo, Tembu and Xhosa forms one major group while the Sotho and Tswana constitute another. According to the 1980 census, all the above groups together totalled 22,417,000..The European or the 'white' peoples who number 4,462,000 are descendents of the original 17th century Dutch settlers in the Cape, refugee French Huguenots, British settlers starting with 1820, Germans, and the recent immigrants from Europe and ex-colonial African territories. The 'Cape Coloureds' or people of mixed race number 2,560,000 and Asians, mostly of Indian origin, 801,000. Besides, there is an estimated 500,000 foreign workers, mostly Africans. In mid-1984, the total population'of South Africa, including that of the 'homelands' was estimated to be 32,642,730 of which the Africans constituted 73.8 per cent, Europeans 14.8 per cent, Cape Coloureds 8.7 per cent and Asians 2.7 per cent.2 The distribution of population- has been generally related to agricultural resources. More than two-thirds of the population inhabit the eastern region and the southern Cape Provihce. The Europeans are widely distributed geographically with over 80 per cent of them living in the towns. The Blacks are relatively few in the urban centres. An increasing number of them are moving to the Black townships on the outskirts of the urban centres while more than 60 per cent of them put up in the tribal reserves along the south-eastern coastal belt upto northem Transvaal and then South-westwards through western Transvaal to northeastern Cape Province. 'Cape Coloureds' are found in the Cape Province and Asians are largely confined to Natal and the Witwatersrand.3 The Bantu Homelands The South African Government passed the Bantu Authorities Act, 1951, providing for tribal, regional and territorial authorities, with matters such as educatio 1 South Africa, The Europa Year Book 1986: A World Survey, Vol. il, (London : Europa Publications Limited), 1986, p. 2331. 2 "Afica-South of the Sahara 1987", (London* Europa Publications Limited) Sixteenth Edition, 1986, p. 894 3 lbid nal institutions, roads dnd hospitals under their control. Eight national units of Black population were established under the promotion of Bantu Self- Government Act, 1959, which provided for the appointment of Commissioners- General to serve as links between these units and the Central Government. The Transkei Territorial Authority was set up in 1962. The 1971 Bantu homelands Constitution Act gave the power to the State President to promulgate Constitution for any Bantu area for which a Territorial Authority was established. Since then, selfgovernment' has been granted to Bophuthatswana in June, 1972, the Ciskei (August, 1972), Lebowa (October, 1972), Gazankulu (February, 1973), Kwazulu (April, 1973),Qwaqwa (November, 1974) and Kwa Ndebele (October, 1977). KaNgwane received formal 'self-governing' status in August, 1984. Transkei was declared independent in Octoliei', 1976, Bophuthatswana in December 1977, Venda in September 1979 and Ciskei in December 1981.4 However, the leaders of the Black majority in the Bantustans have been opposing the South African Government policy as the national units have hardly any role in their governance. The international community has also been highly critical of the so-called 'independence' granted to the Bantustans. The South African ploy has been to effect only cosmetic changes to give the impression to the outside world that they are up to -cetain constitutional reforms which will ensure a greater say for the Blacks. The Bantustns have conclusively proved that South Africa has not delegated any role to the Black majority. The Economy South Africa is rich in its mineral resources with mining forming the basis of its economy. As per statistics, in 1983, it was estimated that the country held 84 per cent of the world's reserves of chromium ore, 50 per cent of gold, 78 per cent of manganese, 74 per cent of platinum and 47 per cent of vanadium. Mining contributed 13.5 per cent ot South Africa's Gross Domestic Product (GDP). Yet, it is manufacturing which has been the principal sector of the economy for years, contributing 23.4 per cent of the GDP in 1984. Agriculture, forestry and fishing contributed 5 per cent of the GDP in the same year. Industrial development in South Africa has been dependent on the white population for capital, management and higher technical skills with the Africans, Coloureds and Asians providing most of the unskilled labour force. Statutory job reservation for the whites was a major handicap as far as the majority population was concerned. Earnings also showed discrepancy with the whites being paid much more than the others.5 The following tables are illustrative of the economic status of the whites and others: 4 Ibid., p. 938; also see The Europa YearBook, 1986, op. cit., p. 2360. s The Europa Year Book, 1986, op. cit., p. 2334.

TABLE I Economically Active (Thousands) By Race and Sector, 1951 & 19806 Sector Year Whites Africans Colou- Indians Total% Active reds in sector Agriculture 1951 145 1,252 98 13 1,509 33 1980 102 1,673 149 7 1,931 20 Mining 1951 57 449 4 1 510 11 1980 90 768 13 2 873 9 Manufacturing and 1951 250 360 109 24 742 16 Construction 1980 463 1,103 307 108 2,011 21 Services 1951 503 932 152 44 1,629 34 1980 1,202 2,229 375 124 3,930 41 Unemployed and 1951 28 118 42 14 202 6 Unspecified 1980 41 735 84 15 291 9 Total Economically 1951 984 3,111 404 94 4,592 Active 1980 1,928 6,523 928 256 9,635 TABLE il Racial Occupational Structure (Thousands), 1960 and 19807 Occupation Year Whites Colou- Indians Africans* Total reds Professional/Technical 1 IR .l 1 A r A 0 'f Administrative/Managerial Clerical Workers Sales Worker Service Worker Agricultural Worker Production and Related Worker and Labourer" Unclassified and unemployed Total Economically Active 1980 371 51 1960 59 1 1980 126 3 1960 276 9 1980 505 70 1960 97 10 1980 196 38 1960 59 118 1980 156 1531960 117 1281980 89 155 1960 376 2141980 434 3871960 28 59 1980 28 71 1960 1,150 554 1980 1,905 928 23 205 6502 6 68 4 5 138 8 19 313 53 211 839 23 29 160 37 180 45115 711 90217 1,174 1,49912 1,475 1,7316 1,734 1,992 43 1,316 1,949104 2,304 3,23017 286 39112 702 813126 3,890 5,720 226 6,524 9,613 6 Merle Lipton, Capitalism and Apartheid : South Africa. 1910--1986, (Aldershot :W -d House), 1986, p. 403. 7 Ibid., pp. 404-5. * Includes 'independent' homelands. ** The Department of Labour's more detailed Manpower Survey shows that within this category, the number and proportion of Blacks in semi-skilled, skilled and supervisory jobs increased.

5 TABLE III Racial Shares of Total Personal Income (Percentages)8 1924/5 1946/7 1960 1970 1980 Whites 75 71.3 71.2 71.9 59.9 Africans 18 22.2 21.4 19.3 29.1 Coloureds 5 4.5 5.5 6.5 7.6 Indians 2 2 1.9 2.3 3.4 Education and Social Welfare Separate systems of education for whites, Blacks, Indians and Coloureds are run by different and uncoordinating departments even though the Government claims that it is committed to equality in education. A report compiled in 1984 estimated that nearly 50 per cebt of the adult population were illiterate with the illiteracy rate being 7 per cent among whites, 29 per cent among Asians, 38 per cent among Coloureds and nearly 68 per cent among Blacks. Even in the case of social welfare, there is a considerable disparity between the whites and nonwhites. Thus, in 1981, there was one hospital bed for every 61 whites, one for every 337 Africans, and for every 505 Asians.9 Apartheid and Its Evolution Apartheid literally means separateness. It is the term coined by the Government of South Africa to describe its system of institutionalised racial segregation, oppression and exploitation. It enables the whites who form less than one fifth of the -country's population to control the Republic's affairs. The policy of racial segregation has been followed ever since the Dutch-speaking Africaners and the English-speaking people came together to set up the Union of South Africa under the Act of 1909. When the National Party came to power in 1948, apartheid became the official state policy. The National Party has been in power ever since. The National Party and Government leaders argue that races must be separated and points of contact reduced to the minimum to avoid conflict, permit the so- called "separate development" of the different groups and perpetuate white control and domination over "non-white races which are at a less developed stage." The ruling party's views on apartheidwas best explained by former Prime Minister Hendrik Verwoerd who said in the House of Assembly in 1963 thus:10 8 Ibid., p. 408 The Europa Yearbook 1986, op. dt. p. 2335 10 UnitedNafions pamphlet, "A Crime Against Humanity", (1976), pp.2-4.

Reduced to its simplest form the problem is nothing else than this: We want to keep South Africa White... 'Keeping it White' can only mean one thing, namely, White domination-not 'leadership', not 'guidance', but 'control', 'supremacy'. Thus, the classification of people according to their race has become the predominant factor in the South African society determining the extent of their rights and freedoms. It is one man's race that decides where he may live, how he may live, what work he may do, what sort of education he will receive, what political rights he will have, if any, whom he may marry, the extent of his social, cultural and recreational facilities and also the extent of his freedom of action and movement. In short, apartheid is the cornerstone of South Africa's social, economic and political system. Apartheidin Practice Numerous laws have been enacted by the South African Government to give effect to apartheid. The Population Registration Act of 1950 necessitates that every person over 16 must carry a racial identity card and the Bantu (Abolition of Passes and Coordination Documents) Act of 1952 provides that every African above 16 must carry a "reference book" containing his identity card, fingerprints, photograph and other personal details. If a person is found without the reference book, it is an offence under the law.1 As already discussed, the Government has been carrying out the segregation of races, by dividing the country into a White area and African reserves. According to the law, 87 per cent of the land surface is 'reserved' for the White minority which constitutes less than 20 per cent of the population. Under the Bantu Land and Trust Act of 1936, the remaining 13 per cent of the land is 'reserved' for Africans-these reserves being termed the 'homelands' or Bantustans as already seen, Againl, under the Group Areas Act of 1966, all towns in South Africa are divided into separate 'group areas'. The Bantu Land Act of 1927, the Bantu (Urban Areas) ConsolidAtion Act of 1945 and a Government White Paper provide that no African is entitled as of right to acquire freehold title to land anywhere in South Africa.12 Forcible removal of families from one area to another is also provided for under the Group Areas Act. This Act enables the Government to designate certain areas outside the reserves for the exclusive occupation of racial groups. This then necessitates that members of the other groups move out. An African, under the law, can enter an urban area only if he has a pass but cannot stay there for more than 72 hours without a work permit. In general, he is allowed to enter white areas to work only as single man normally forcing him to stay away from his family for long periods of time. 1 11 Ibid. p.6, '2 United Nations pamphlet, "Apartfeid in Paice" ,p. 2. Z3 "A CrimeAgainstHumanity-, op. cit., p. 10.

Not only that, the whites are favourably placed in employments also. The various laws ensure that it is illegal for Africans to take part in a strike, except under certain very narrow considerations. Under the Industrial Conciliation Act of 1956, the Minister of Labour is empowered at any time to reserve any specified class of work for white persons only, prescribe the percentage of Africans permitted to be employed by any employer and prohibit any employer from replacing white employees by African employees. The Bantu (Urban Areas) Consolidation Act of 1945 provides that a labour office may, at any time, cancel the employment of the African who works in a town, no matter how long he has been employed, even though his employer may be opposed to the cancellation. Again, on another front, a white worker may be paid anywhere from five to 20 times as much as an African for the same work. Since there is a shortage of skilled labour, many Africans, Coloureds and Asians have been employed in formerly white occupation but at much lower wages. The Government has also set up "border industries" at the edges of the African reserves which are exempt from the minimum wage regulation. As we have seen, the whites are mostly employed in such sectors where physical labour is not greatly required. It is the majority that toils in the mines, fields and other industrial units. Even though the whites earn heavily more than the others, it is the Africans who are taxed more heavily than the whites. This is inspite of the fact that the difference in living standards of the whites and the rest is enormous. In the field of education, the races are educated separately and differently. The cost of education is paid mainly by the Africans even though more money is spent on the whites' education and providing them more facilities. The pupilteacher ratio is highly in favour of the whites than others. Fees is more for the majority while facilities extended to the whites can be the envy of the Blacks. In a report on apartheid, UNESCO states that the South African school books teach the African that he occupies an inferior position in society. White children are taught that Europeans are superior and that Africans are "primitive and barbaric."14 On the political front again, in spite of the so-called reforms effected over the decades which shall be discussed later, the non-whites have hardly any right under the apartheid regime. Opinion and expression are severely curtailed. A person may be arbitrarily banned under the Notorious Suppression of Communism Act of 1950 if the Minister of Justice is satisfied that the said person is furthering the aims of communism. Under the Prohibition of Political Interference Act of 1968, it is a criminal offence for any political party to exist, unless all its members are persons who belong to the same ethnic group. Again, the General Law Amendment Act of 1962 provides that any African who writes "Down with Apartheid"on a wall is guilty of an offence punishable by imprison14 United Nations, pamphlet, "A crime Against Humanity" (1973), pp. 22-23. ment of up to six months without the option of a fine.15 Recently, even printing photographs of leading Black leaders has been made an offence. A comprehensive system of censorship also exists under various laws, including the Publications and Entertainment Act of 1963. Laws and regulations which strike at the very roots of fundamental human rights abound in South Africa. The Terrorism Act of 1967 which was enacted on June 12, 1967 but was made applicable retrospectively to acts committed atany time on or after June 12, 1962, provides that a person is liable to death penalty for a number of acts, including "embarrassing the administration of the affairs of the State" or "encouraging feelings of hostility between the whites and other inhabitants" of South Africa. Under the same Act, a person who is suspected of having committed the crime of "terrorism" may be held indefinitely in detention. Such a person may be held in solitary confinement throughout the period of his detention, subjejt only to the right of an authorised official to premit departure from this requirement. No court may intervene to order the release by way of habeas corpus of a detainee. The Bantu Administration Act of 1927 the General Law Amendment Act of 1962 and the Bantu (Prohibition of Interdicts) Act of 1962 have all been used ruthlessly to put down opposition to apartheid.16 A UN document of 1976 says that out of every 100,000 people in South Africa, cially inhuman". Testimony given to various UN Committees reveals that police and prison authorities use third degree methods against prisoners and detainees lized standards" with the situation of the non-white prisoners being made "especially inhuman". Testimony given to various UN Committees reveals that police and prison authorities use third degree methods against prisoners and detainees to elicit "incriminating information."'7 Capital punishment has been extensively used, mostly against the non-whites. Black leaders who protest against apartheid have been sent to prisons and to the gallows too. Vuysile Mini, Joseph Mduli, Steve Biko, Solomon Mahlangu and Benjamin Moloise who were sent to the gallows have become legends in every part of the world. Pretoria has also incarcerated for long terms and life national leaders like Walter Sisulu, Goven Mbeki and Dennis Goldberg. Long-tme President of the African National Congress and Nobel Peace Prize winner Chief Albert Lutuli had to bear the brunt of apartheid. The living legend of the great freedom fighter Nelson Mandela who has been languishing in the South African jails is a stark reminder of everything that apartheid represents. 15 Apartheid in Practice, op. cit., pp. 4-6. 16 Ibid., pp. 7-8. 17 "A Crime Against Humanity" (1976), op. cit., pp. 17-18. Political Developments in South Africa The National Party which came to power in 1948 with apartheid as its main plank has been in power ever since. The African National Congress (ANC) which has been in the vanguard of the fight against apartheid came into existence in 1912 under the banner of the South African Native National Congress. The increasingly repressive attitude of the National Party since its formation of the Government in 1948 led to greater opposition from the non-whites under the ANC. During the 1950s, the opponents of racism started a campaign of civil defiance. In June 1952, the ANC and the South African Indian Congress (SAIC) together launched a nation-wide campaign of passive defiance. In a disciplined show of strength, thousands of protestors broke the discrminatory laws and courted arrest. Unfortunately, race riots broke out in several parts of the country around this time. In June 1955, the ANC, along with the Indian National Congress of South Africa, the Coloured Peoples Organisation and the White Congress of Democrats organised a Freedom Congress. The Congress which met at Kliptown drew up the historic Freedom Charter which in effect was the blue print for a non-racial South Africa. Late in 1956, many leaders of the Freedom Congress movement were arrested and charged with plotting the violent overthrow of the State. The accused were acquitted in 1961 after a long drawn-out trial. In the intervening period, some of the ANC supporters who felt that the policy of working with other racial groups was weakening the movement left the party and set up the Pan-African Congress (PAC) under the leadership of Robert Sobukwe.18 In the meanwhile, the struggle against apartheid was continuing in different parts of the country. Violence erupted in several townships. Police brutality was at its worst. The ANC, in early 1960, announced a renewed campaign against the notorious pass laws. This was subsequently taken up by the PAC also. On March 21, 1960, in protest against the "reference books" protests took place in several South African townships. Many Africans assembled peacefully before the offices of police commissioners to court arrest. At Sharpeville, police armed with machine guns and rifles fired at the crowd, while jet fighters flew overhead to frighten the demonstrators. It was reported that there were 69 dead and nearly 200 wounded, including many women and children.19 Indignation at the killings of innocent people at Sharpeville was widespread in South Africa as well as the world outside. Within South Africa, the Sharpeville massacre convinced several leaders of both the ANC and the PAC that peaceful methods no longer offered any hope. Thus, in 1961, the ANC constituted a separate wing named "Umkhonto we Sizwe" (Spear of the Nation) with the aim of achieving change through sabotage of white property. The PAC formed its own organisation called Poqo in 1962. With this, the racist regime imposed more stringent restrictions on the non's Africa, South of the Sahara, 1987, op. cI., pp. 897-900. 19 "A Crime Against Humanity" op. cit., p. 23. whites. Popular leaders were put behind bars for long terms and life. In 1964, ANC leader and the great freedom fighter Nelson Mandela was impresioned for life on a charge of sabotage. At the Government level, the National Party leadership had been becoming increasingly authoritarian and dogmatic. Dr. Malan who led the party till 1954 was succeeded by J.G. Strijdom, an ultra-hardliner who succeeded in removing the Coloured voters in the Cape from the common voters rol. His death in 1958 brought to power the main protagonist of aparthei4 Hendrik Verwoerd. It was under Prime Minister Verwoerd that the Government proclaimed its policy of Bantustans for the Africans. In May 1961, South Africa became a Republic but soon it ceased to be a member of the Commonwealth. In September 1966, Dr. Verwoerd was assassinated. He was succeeded by J.B. Vorster. Meanwhile, a new Black consciousness was also developing in South Africa. The policy of Bantustans added fuel to the fire. Towards the late sixties, Steve Biko succeeded in developing a nation-wide movement and established the Black Peoples Convention (BPC) with the aim of bringing Africans, Indians and Coloureds together to fight white domination. The seventies saw a series of strikes by African workers that paralysed mines and industries. June 1976 saw serious racial violence in black townships. In Soweto, innocent children were the victims of police brutality which shocked the conscience of the world. The Soweto uprising gave a new impetus to the movement against apartheid. Preparatory to the 1977 general elections, Vorster announced a plan to give Indians and Coloureds a limited role in the Central Government. It envisaged three separate Parliaments for whites, Indians and Coloureds though the legislative sovereignty would rest with the White Parliament. The National Party obtained a massive victory in the general elections but opposition from the hardliners led to the tripartite parliament plan being shelved. In the following year, Vorster became the State President and P.W. Botha the Prime Minister.Vorster, however, had to resign from the post following the controversy regarding the setting up of an ultra-right National Conservative Party by the National Party dissidents. Even the cosmetic changes effected by Vorster and Botha aroused White resistance. An extreme right-wing terrorist organisation called the Wit ComMondo (White Commando) was involved in several acts of violence. After the tri-partite Parliament scheme was shelved, the Sehlebusch Constitutional Commission recommended the replacement of the Senate with the President's Council made up of nominated whites, Indians and Coloureds with no voice for the Africans. When the President's Council was established, more recognized leaaers of Coloureds and Indians refused to sit on it. The idea of a separate consultative body was also dropped with even the most moderate Bantustan leaders opposing it. Subsequently, a modified version of the earlier scheme involving a tricameral Parliament with one chamber each for the Whites, Coloureds and

Indians was floated which led to the exit of more hardliners from the National Party who later formed the Conservative Party of South Africa. The Botha Government, however, went ahead with the reform proposals. The divide and rule policy met with some success when the mainly Coloured- supported Labour Party decided to enter into negotiations with the Government thus breaking out of the South African Black Alliance. A section of the SAIC also agreed provisionally to the reforms which caused a split in the Congress. This resulted in the launching of the United Democratic Front (UDF) designed to mobilize resistance on a national scale, by all races in South Africa, against the proposed constitutional reforms. The reforms were finally approved by Parliament and a White referendum in November, 1983 also gave the green signal to the scheme. In August, 1984, throwing to winds the appeal from the international community, elections for the Coloured House of Representatives and the Indian House of Delegates were held, accompanied by widespread violence in several areas. While less than 18 per cent of the Coloured population took part in the elections, the participation of the Indians was still lower. On September 5, 1984, the new electoral college elected P.W. Botha as the first Executive State President. However, these minor sops were not to assuage the feelings of the non-whites. On the contrary, these only precipitated further unrest, leading to protests, violence and strikes, especially in the mining industry. In a major development, in December 1984, a new federation of 34 trade unions announced the formation of the Congress of South African Tracte Unions. Right through 1985, violence continued and on July 21, 1985 a state of emergency was declared in 36 magisterial districts which only increased the violence. The emergency was finally lifted in March, 1986.20 1986 also saw the Government coming under great pressure from all quarters, including the church leaders like Bishop Desmond Tutu, Rev. Allan Boesak and Dr. Beyers Nande. When the Government's attempts to get unfettered powers for the security forces failed, a state of emergency was declared with effect from June 12, 1986.21 The situation since then has worsened with every passing day. In May 1987, in the Whites* only election to the House of Assembly, the National Party won an over-whelming majority,22 even though the elections were marred by violence. On June 10, the wide-spread unrest compelled the Government to extend'the state of emergency in the country.23 Namibia Pretoria's racist policies have not been confined to South Africa alone. South 2D Afica, South of the Sahara, 1987. op. cit., pp. 901-06. Also see, Europa Year Book, Op. cit., Ipp. 2331-33. 21 Ibid. 22 Trnes of Inida (New Delhi), May 8, 1987. 2 Free Press Joumai(Bombay), June 11, 1987.

West Africa or Namibia, as it is popularly known, has also been reeling under South African oppression for several decades. Namibia lies between South Africa and Angola. Following World War I, the German possession of South West Africa became a mandated territory of the League of Nations in 1920 which in turn entrusted South Africa to administer the territory. After World War I, South Africa refused to enter into a trusteeship agreement under the United Nations. The International Court of Justice (ICJ) held in 1950 that the area was still under international mandate and that South Africa should submit it to the control of the UN which Pretoria refused. The racist and discriminatory policies of South Africa led to the establishment of the South West African Peoples Organisation (SWAPO) in 1958 and the South West African National Union (SWANU) in 1959. In October 1966, South Africa's security and apartheid-related laws were extended to South West Africa with restrospective effect from 1950. In the same year, the SWAPO announced its decision to launch an armed struggle against the Pretoria regime. Meanwhile, in October 1966 itself, the UN General Assembly voted to terminate South Africa's mandate. It set up a UN Council for South West Africa in May 1967 and in June 1968 gave the new name of Namibia. In 1971, the ICJ declared as illegal the'South African presence in Namibia. Even though the UN Security Council initiated contacts with South Africa in 1972, the moves were abandoned In a year's time. In December 1973, the General Assemblyjecognised SWAPO as the authentic representative of the Namibian people. The Security Council, in January 1976, called for free elections in Namibia under the UN supervision. Meanwhile, in 1978, a proposal for settling the Namibian issue from five western countries known as the "Contact Group" (Canada, France, Federal Republic of Germany, the United Kingdom and the United States) was accepted by both the SWAP and South Africa and presented to the Security Council. The proposal envisaged the appointment of a Special Representative to ensure establishment of conditions for free and fair elections, release of all Namibian political pnsoners and return of all refugees; cessation of hostilities by all parties; and reduction in the armed forces of South Africa and the SWAPO. The Security Council, by its resolution 435 (1978), while incorporating these proposals, also envisaged the setting up of a United Nations Transition Assistance Group (UNTAG) in Namibia to assist in implementing the plan. South Africa, however, has not complied with the plan. It went on procrastinating and prevaricating over minute details involving procedural matters. It went ahead with its own constitutional and o~her reforms in Namibia. The UN-sponsored all-party conference in Geneva in January 1981 did not succeed because of South African intransiA new factor came to the front with the United States and South Africa attempting to link the question of Namibian independence with the withdrawal of Cuban troops from Angola which they felt were assisting Angolan-based Namibian freedom fighters. This 'linkage' attempt was roundly condemned by the lntpmational community. Pretoria, meanwhile, was also engaged in building up divisions within the Namibians. The multi-party Conference (MPG) set up in 1983, which swore by the UN resolution 435 (1978), was denounced by the SWAPO. South Africa continued to negotiate with Angola and SWAPO. Under an agreement in February 1984, a cease-fire was agreed to and a joint commission was to be set up to monitor the withdrawal of South African forces with Angola ensuring that neither Cuban nor SWAPO forces would move into the areas vacated by the South African forces. Yet, nothing concrete came out of all these. South Africa continued with its racist policies on the one hand and on the other attempted to bring about an internal settlement. Thus, in April, 1985, accepting a proposal from MPC, South Africa established in Windhoek on June 15, a 'transitional government of national unity' which was justifiably condemned by the USA and other 'Contact Group' members and the UN. This attempt has also not met with any success. The US role as a mediator too came under a cloud following its support to rebel movements in Angola. In March 1986, President Botha announced August 1 as deadline for implementation of the UN Resolution 435 (1978) on the condition that Cuban troops were withdrawn from Angola. He, however, retracted this proposal in June 1986.24 SWAPO continues its valiant efforts to throw away the yokes of colonialism and racism. The international community waits hoping that Namibia will be free and apartheid will go. South Africa and the Frontline States South Africa, not content with repression in its own territory and in,Namibia, has also attempted to impose its obnoxious policies on its neighbouring countries, commonly known as the Frontline States. These countries - Angola, Botswana, Lesotho, Malawi, Mozambique, Zambia and Zimbabwe-have been, time and again, subjected tO repeated exploitation by the Pretoria regime. The rising tide of decolonisation witnessed the independence of several African countries including Botswana, Lesotho, Malawi, Tanzania and Zambia. In the years that followed, Angola, Mozambique and finally Zimbabwe also emheirged from the clutches of colonialism. It was only natural that South Africa would'fot appreciate this new wave of independence in Africa as the new Governments all spoke in unison against apartheid and exploitation of all sorts. Hence, Pretoria has been carrying on a policy of destabilisation in most of these countries, covertly and more often, overtly. These nascent States had to contend with several problems at home. When they were trying to stand on their own feet,, South Africa tried to pull them down using all nefarious means, political, economic and military. Unfortunately, most of these countries' economies were inextricably 24 Europa Year Book 1986, op. ct., pp. 1863-66; also see Afican, South of Sahara, 1987 op. cit, pp. 726-31.

14 inter linked with that of South Africa. Economic subversion was thus liberally resorted to by the Pretoria regime. On another front, it encouraged internal dissidence in the Frontline States and volunteered to provide military assistance to the rebels. Most often, South Africa has attacked the Frontline States on one pretext or other killing innocent people, bombing buildings and destroying vital installations. All these have had considerable impact on the economy and security of these nations. The very sovereignty and political independence of the Frontline States were being threatened by the Pretoria regime. South Africa has reportedly acquired even nuclear capability which is a cause of utmost concern not only to the countries of the region but the world as a whole. While the international community has been understandably worried over the developments in Southern Africa, its efforts to put an end to apartheid and liberate Namibia have not met with success yet. In the ensuing Chapter, an attempt is made to analyse the crusade against apartheid. THE CRUSADE AGAINST APARTHEID Apartheid which is an institutionalised system of racial discrimination has been looked down upon as a blot on humanity by the civilized world. This obnoxious practice and its perpetrators have come under severe criticism from many quarters. International organisations, world bodies and individual countries have all expressed their condemnation of apartheid and the illegal South African Governmerit. The United Nations and its Agencies, Non-Aligned Movement, Commonwealth, the Organisation of African Unity, the European Economic Community and a host of other forums have time and again emphasised the need to dismantle apartheid. United Nations against Apartheid The Preamble to the UN Charter reaffirms its "faith in fundamental human rights" and in the "dignity and worth of the human person" and sets forth in Article 2, as one of the purposes of the Organisation, the promotion and encouragement of "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion." In short, discrimination on grounds of race is proscribed in the UN Charter. The policies of apartheid being pursued by South Africa have been a focus of attention at the United Nations for over four decades. Interestingly, it was following a complaint by India in 1946 that South Africa had enacted legislation against South Africans of Indian origin that the UN General Assembly first discussed the racist policies of South Africa. Starting with 1952, the wider question of the apartheid policies of South Africa was included in the agenda of the General Assembly. The General Assembly during the 1950s repeatedly appealed to South Africa to heed to the voice of reason and revise its policies in the light of the principles enshrined in the UN Charter. South Africa, on its part, stuck to the stand that the matter was within its domestic jurisdiction and that under the Charter, the UN was barred from considering it. However, starting from 1955, South Africa has not been participating in the discussions of the apartheid question by the UN. The large-scale killings of innocent people at Sharpeville on March 21, 1960 shocked the conscience of the civilized world. Immediately after this, at the request of 29 African and Asian member States, the Security Council took up for the first time the question of apartheid. The Council met to consider "the situation arising out of the largescale killings of unarmed and peaceful demonstrators against racial discrimination and segregation". The Council felt that situation in South Africa had led to international friction and, if continued, might endanger international peace and security and called upon the Pretoria regime to abandon apartheid.

In the year 1962, the General Assembly adopted a resolution which deplored the failure of South Africa to comply with the repeated requests and demands of the Assembly and the Security Council and called upon the Member States to break off diplomatic relations with South Africa, boycott South African goods and refrain from all exports to South Africa, including the export of armaments. It also established a special body, known since 1974 as the Special Committee Against Apartheid, to keep the racial policies of South Africa under review. It was later given a wider mandate to review all aspects of apartheidand its international repercussions. The Committee's work since its establishment has included the holding of meetings and hearings, the sending of visiting missions, the organisation of international conferences, special sessions and seminars, and the implementation of resolutions of the General Assembly and the Security Council particularly by promoting sports, cultural, consumer and other boycotts and, with the Centre against Apartheid, cooperating with Governments, and anti- apartheidgroups in mobilizing international public opinion in support of UN resolutions against apartheid. In 1963, the Security Council, while noting that some of the arms being supplied to South Africa were being used in furtherance of racial policies, instituted a voluntary embargo on the supply of arms to South Africa. Later, it widened voluntary embargo to include equipment and materials for the manufacture and maintenance of arms and ammunition in South Africa. The same year, both the General Assembly and Security Council asked Pretoria to grant unconditlanal release of all those imprisoned for opposing apartheid. With a view to aiding the victims of apartheid, the General Assembly set up in 1965 the UN Trust Fund for South Africa which is based on voluntary contributions from which grants are made to organisations for legal aid to persons persecuted under the South African laws, relief to such persons and their dependents and relief for refugees from South Africa. Two years later, the Assembly set up the UN Educational and Training Programme for Southern Africa which grants scholarships to students from South Africa and Namibia for study and training abroad. In another development, in 1966, in commemoration of the 1960 Sharpeville incident, the General Assembly proclaimed March 21 as International Day for the Elimination of Racial Discrimination, to be observed annually. A UN Centre against Apartheid was later set up to help the UN Special Committee against Apartheid to expand information activity and to administer humanitarian and educational assistance to the victims of apartheid. The 1970s saw the UN intensifying its efforts to have the apartheidsystem dismantled. Thus, in 1970, the General Assembly condemned the establishment of the Bantu homelands and the forcible removal of the Africans in South Africa and Namibia as a violation of their inalienable rights and called upon all States to deny any form of recognition to the Bantustans. The General Assembly, in 1973, adopted the International Convention on the Suppression and Punishment of the Crime of Apartheid. In the next year, it invited representatives of the South African liberation movements recognized by the Organisation of African Unity- the ANC and the Pan Africanist Congress of Azania-to participate as observers in the Assembly's Special Political Committee, and later recognized the two organisations as "the authentic representatives of the overwhelming majority of the South African People" and invited them to participate as observers in the debates on apartheid in its plenary meetings. It was in 1974 again that the Assembly rejected South Africa's credentials and recommended that it be totally excluded from participation in all international organisations and conferences held under UN auspices so long as it persisted with apartheid. Since then, Pretoria has not participated in the proceedings of the General Assembly. South Africa's military adventurism on the Frontline States has also been sharply criticised by the UN. The Security Council also called for international assistance to the Frontline States that have suffered economid* hardships as a result of their support of the UN measures to isolate South Africa. In June 1976, following the Soweto massacre, the General Assembly declared June 26, the day of the Soweto uprising, as International Day<,f Solidarity with the Struggling People of South Africa. Later, it also proclaimed October 11 as Day of Solidarity with South African Political Prisoners. Both these Days are observed annually. On November 4, 1977, the Security Council made the arms embargo against South Africa mandatory, the first time such action had been taken against a Member State under Chapter VII of the Charter. Expressing grave concern that Pretoria was at the threshold of producing nuclear weapons, the Council decided that States should refrain from any cooperation with South Africa in the manufacture and development of such weapons. The World Conference for Action Against Apartheid, organised in cooperation with the Organisation of African Unity in Lagos in August 1977, adopted the Lagos Declaration Against Apartheid, In December that year, the General Assembly adopted the International Declaration Against Apartheid in Sports which calls on States to take all appropriate action to cease sporting contacts with any country practising apartheid and towards the exclusion or expulsion of any such country from international and regional sports bodies. 1978 was declared the International Anti- ApartheidYear which began on March 21, the International Day for the Elimination of Racial Discrimination. The 1980s saw the UN endeavouring to gain support for the implementation of comprehensive and mandatory sanctions against South Africa. The General AssemblySessions in 1979, 1980 and 1981 reaffirmed that apartheid was a crime against humanity and a threat to international peach and security. It also condemned the collaboration of certain western and other States, as well as those transnational corporations and other organisations which collaborated with Pretoria in the political, economic' military and other fields. In May 1981, an Intema- tional Conference on Sanctions Against South Africa was organised in Paris in cooperation with the organisation of African Unity. The Declaration, among other things, affirmed that sanctions under Chapter VII of the UN Charter, universally applied, were the most effective means to pressurise South Africa to comply with the decisions of the UN. In December 1981, the Assembly endorsed this Declaration and proclaimed 1982 as the International Year of Mobilization for Sanctions against South Africa. When in 1984, South Africa adopted a "new constitution" which sought to further entrench apartheid, fhe General Assembly and the Security Council promptly declared it null and void.25 In March, 1985 the Security Council, while reiterating its condemnation of apartheid, unanimously called for the unconditional release of Nelson Mandela and other Black leaders.26 The repeated raids on the Frontline States of South Africa were also condemned by the UN in no uncertain terms. In July 1985, the Security Council urged Governments to impose a series of economic measures against South Africa after the UK and the USA, had vetoed a Non-aligned proposal for mandatory sanctions against Pretoria.27 Another NAM resolution was again vetoed in November, 1985, by USA and UK while France abstained on the voting.2 The USA and UK, vetoed another NAM resolution, this time calling for selective sanctions, on June 18, 1986, while France abstained.9 On November 28, 1986, the Security Council adopted a resolution calling for new steps to tighten the UN arms embargo against South Africa.30 On December 8, 1986, the Assembly adopted a resolution strongly urging the international community to provide timely and effective financial and material assistance to the Frontline States to "withstand the effects of economic measures taken by or against South Africa."3' On February 20, 1987, and again on April 10, 1987, the UK and the USA vetoed in the Security Council, NAM resolutions proposing mandatory sanctions against South Africa.32 Thus, it is seen that some Western States have used their power of veto in the Security Council to block effective action against the racist regime under Chapter VII of the UN Charter. On the question of racial discrimination as such, the first specific step was taken by the UN in 1963 when the General Assembly adopted the Declaration on the Elimination of All Forms of Racial Discrimination. Two years later, it gave binding 25 For details, see " United nations Today-1982". (UN: 1982), pp. 41-47 Basic Facts About the United Nations (UN: 1983), pp. 46-50; also see, The U.n.ited Nations at Forty (UN. 1985), pp. 124-29. For texts of some important UN Resolutions and Conventions, see Annexures I to V. 26 Times of India (New Delhi), March 14. 1985. 27 Ibid., July 28, 1985. 28 Ibid., November 17,1985. 29 Indian Express (New Delhi), June 20, 1986. 30 Times of India (New Delhi), November30, 1986. 31 Ibid., December 10, 1986. 32 Ibid., February 22, 1987 and Indian Express (New Delhi) April 11, 1987. legal form to the Declaration by adopting the International Convention on the Elimination of All Forms of Racial Discrimination. In 1969, the Convention entered into force. It also decided in 1973 to designate the 10-year period beginning on December 10, 1973, as the Decade for Action to Combat Racism and Racial Discrimination. The mid-point of the Decade was marked by a World Conference at Geneva in August, 1978 which adopted a programme of action for elimination of racism. On the recommendation of the Second World Conference to Combat Racism and Racial Discrimination held in 1983, the General Assembly proclaimed tHe 10-year period beginning on 10 December, 1983, as the Second Decade to Combat Racism and Racial Discrimination.33 Thus, the UN continues its efforts to put an end to racism in all its manifestations. Non-Aligned Movement against Apartheid The very fact that most members of the Non-Aligned Movement (NAM) have themselves been victims of colonialism, exploitation and discrimination has naturally made them fight against apartheid in South Africa. At successive NAM summits, the Movement has sought to condemn South Africa. The Asian-African Nations Conference held in Bandung in April 1955, had adopted a Declaration which, inter alia, under the heading "Human Rights and Self-Determination", said:M The Asian-African Conference deplored the policies of racial segregation and discrimination which form the basis of Government and human relations in large regions of Africa and other parts of the world. Such conduct is not only a gross violation of human rights, but also a denial of fundamental values of civilisation and the dignity of man. Interestingly, the very first summit of NAM at Belgrade in 1961 was attended by the ANC and PAC as observers. In the Belgrade Declaration, the NAM said:35 The participants in the Conference resolutely condemn the policy of apartheid practised by the Union of South Africa and demand the immediate abandonment of this policy. They further state that the policy of racial discrimination anywhere in the world constitutes a grave violation of the Charter of the United Nations and the Universal Declaration of Human Rights. At the Cairo Summit in 1964, the Declaration said that "racial discrimination -particularly its most odious manifestation, apartheid-constitutes a violation of the Universal Declaration of Human Rights and of the principle of equality of peoples," and called for ostracising all governments still practising racial discrimination. It felt that "the inhuman racial policies of South Africa constitute a threat to international peace and security" and regretted that "the Pretoria Gov3 The United Nations at fory, op. cit., pp. 129-30. 34 Hari Sharan Chhabra, Non- aligned and Struggle Against Apartheid. Mainstream. Vol. XXIV. No. 52, August 30, 1986, p. 30. 35 Documents of the Gatherings of Non-Aligned Countries, 1961-1979 (1981 : New Delhi), p. 5. emment's obstinacy in defying the conscience of mankind has been stengthened by the refusal of its friends and allies, particularly some major powers, to implement United Nations resolutions concerning sanctions against-South Africa." It also called upon all states to boycott South African goods and refrain from exporting goods to that country and also to break off diplomatic, consular and other relations with South Africa.36 The third NAM summit at Lusaka was held in September 1970. The Lusaka Declaration, while condemning those countries, in particular, the United States, France, the United Kingdom, West Germany, Italy and Japan for their political, economic and military collaboration with South Africa, pointed out that "the continued oppression and subjugation of the African Peoples in Southern Africa by the racist and colonial minority regimes, apart from being a blot on the conscience of mankind, poses a serious threat to international peace and security. "37 The Algiers Summit Declaration of 1973 expressed alarm and consternation at the continued collaboration of the western powers with South Africa. It, while reaffirming its full support for the Africans and their fight against racism, pledged to extend increased financial, material and political aid.to the liberation movements in South Africa. It also condemned the policy of Bantustans which sought to Balkanize that territory.38 The fifth summit of the NAM, held in Colombo in 1976, while welcoming the decolonization of several African countries, reiterated its firm commitment to the elimination of apartheid which it described as an international crime. A resolution on South Africa specifically condemned all cooperation of the western powers with South Africa, particularly in the nuclear field; it also. adopted a resolution on apartheid in sports, aiming to isolate South Africa in the world of sports.39 The Sixth summit at Havana in 1979 stressed that the basic problem in Africa was the urgent need to eliminate colonialism, racism, raial discrimination and apartheid, especially from South Africa. While calling upon the western governments to cease collaborating with the Pretoria regime, it called on all States to intensify their aid to the Frontline States which were trying to cope with South African onslaughts.40 The 1983 Seventh New Delhi Summit pointed out that the continued collaboration of certain western countries and Israel with Pretoria in nuclear and other fields had encouraged South Africa in its intransigence. In its Political Declaration, the New Delhi Summit while extending its solidarity with the national libera36 Ibid, p. 22. 3 Ibid., pp. 46,53. 38 Nbd., pp. 111-12. SIbid., pp. 191,193-97,224-28. 40 Ibid., pp. 365-72. tion movements in South Africa, urged member States and the international community to increase their assistance to these movements. The Summit also condemned the United States for its policy of "constructive engagement" aimed at countering the international campaign for the total isolation of South Africa.41 The 1986 Harare Summit stands out as a major landmark in NAM's crusade against apartheid. The Harare summit adopted a special declaration on South Africa which envisaged a package of stiff economic measures against South Africa. Among the measures finalised, pending the adoption of "comprehensive and mandatory" sanctions by the UN Security Council. were:4 (a) Prohibition of transfer of technology to South Africa; (b) Cessation of export, sale or transport of oil and oil products to South Africa, and of any co-operation with South Africa's oil industry; (c) Cessation of further investments in and financial loans to South Africa or Namibia and of any govenamental insurance guarantee of credits to the racist regime; (d) An end to all promotion of or support for trade with South Africa, including governmental assistance to trade missions; (e) Prohibition of the sale of Krugerrands and any other coins minted in South Africa; (f) Prohibition of * imports from South Africa of agricultural products, coal, uranium, iron and steel etc.; (g) Enactment of legislation or adoption of other measures to comply with United Nations decree No. 1 for the protection of the natural resources of Namibia enacted by the United Nations Council for Namibia in 1974: (h) Termination of any visa-free entry privileges and the promotion of tourism to South Africa; (i) Termination of air and shipping links with South Africa; (j) Cessation of all academic, cultural, scientific and sports relations with South Af:ca, and of relations with individuals, institutions and other bodies endorsing or based on apartheid; (k) Suspension or abrogation of agreements with South Africa, such as agreements on cultural and scientific co-operation; (!) The termination of double taxation agreements with South Africa; and (m) a ban on government contracts with majority-owned South African companies. The Harare summit also decided to establish an Action for Resisting Invasion, Colonialism and Apartheid Fund, abbreviated as AFRICA Fund, with India as Chairman. It was intended to strengthen the economic and financial-capability of the Frontline States to fight the apartheid regime, support the South African and Namibian liberation movements, as well as to assist these States to enforce sanctions against South Africa and to cope with any retaliatory economic action by Pretoria.43 A Summit meeting of the 9-nation AFRICA Fund was held in New Delhi in January, 1987 under the Chairmanship of Prime Minister Rajiv Gandhi. High- level teams from Algeria, Argentina, Congo, Nigeria, Peru, Yugoslavia, Zambia and Zimbabwe attended the summit. The AFRICA Fund was formally launched on 1 Hai Sharan Chhabra, op. cit., p. 43.. 42Hindustan Times (New Delhi), September 8,1986. 4 Telegraph (Calcutta), September 7, 1986.

January 25, 1987 with an initial capital of $70 million which included India's contribution of $40 million. The Summit adopted an action plan which, among other things, sought to establish a strategic food-grain reserve of 150,000 tonnes and rehabilitate the railway and communication network in the Frontline States sabotaged by South Africa. It also provided for assistance to a regional protection force that was to be sat up for the safe functioning of vital installations. The Summit also appealed to the international community for urgent, concerted and resolute action for dismantling apartheid.44 The AFRICA Fund has since then been endeavouring to contribute in its own way towards putting an end to apartheid.5 Commonwealth against Apartheid The new Commonwealth that emerged in the post-Second World War period consisted of many developing countries who were committed to bury the scourge of colonialism and racism. Thus, South Africa which practised apartheid found itself the subject of severe criticism by the other Commonwealth countries.46 Prior to the independence of Ghana in 1957, Africa was represented in the Commonwealth only by South Africa. During this period, Commonwealth, as per traditions, did not take up for consideration issues falling within the so-called domestic jurisdiction of any country.47 The Commonwealth got its opportunity to bring South Africa to book in 1961. On 21 March 1960, at Sharpeville town, South African police opened fire on unarmed protestors killing 69 people, including women and children. Sharpeville was a recent memory when Commonwealth leaders met in 1961. South Africa was then about to become a Republic and had to reapply to continue to be a member. India and most other members pointed out that apartheidwas incompatible with the principles which Commonwealth was assured to embody. South Africa, sensing the mood of the member states, ultimately withdrew its application for membership.48 The exit of South Africa removed the only avowedly racist regime in the Commonwealth but it did not eliminate the situation in Southern Africa as a major concern of Commonwealth countries. The overt and covert political, economic and military support which the western powers extended to South Africa was the major contributing factor in perpetuating apartheid. Unfortunately, the UK also continued close economic and other links with Pretoria, a fact which was resented by the other members of the Commonwealth. In 1971, the UK had to abandon proposed arms sales to South Africa following stringent criticism from other Commonwealth countries.49 "4 Times of India (New Delhi), January 26, 1987. 45 Ibid. 46 Partha Sarathi Gupta, "An Association Recreated", Economic Times (New Delhi), November 19, 1983. ' Ibid. 4 Racism in Southern Africa: The Commonwealth Stand, op. cit., pp. 4-5. 49 S.C. Parasher (Ed.) Commonwealth Today, (New Delhi: 1983) p. 167.

The Commonwealth Summit at Singapore in 1971 adopted the 'Declaration of Commonwealth Principles' which, inter alia, said :s5 We recognize racial prejudice as a dangerous sickness threatening the healthy development of the human race and racial discrimination as an unmitigated evil of society. Each of us will vigorously combat this evil within our own nation. No country will afford to regimes which practise racial discrimination assistance which in its own judgement directly contributes to pursuit or consolidation of this evil policy. We oppose all forms of colonial domination and racial oppression and are committed to the principles of human dignity and equality. We will therefore use all our efforts to foster human equality and dignity everywhere, and to further the principles of self-determination and non-racialism. The communique issued at the end of the Kingston summit of Commonwealth leaders in 1975 condemned those countries which continued to supply arms to Pretoria even against the UN appeal.51 At their next summit in London in June, 1977, Commonwealth leaders called on the international community to take urgent action to apply an immediate arms embargo on South Africa and to make such an embargo effective. In another co-ordinated move, member countries signed the 'Gleneagles Agreement' seeking to isolate South Africa in sports and games.52 In 1979, the Lusaka Summit adopted the 'Lusaka Declaration of the Commonwealth on Racism and Racial Prejudice' which proclaimed unanimous commitment to make strenuous efforts to eliminate racism within Commonwealth communities and to fight it more vigorously.5 The Birth of Zimbabwe While most British colonies in Africa achieved independence by late 1950s and 1960s, Rhodesia continued to be ruled by a white minority regime. In 1965, when minority leader Ian Smith declared independence unilaterally, Commonwealth leaders held an emergency summit in Nigeria and set up a Common: wealth Sanctions Committee to review sanctions made on the regime and make proposals for their enforcement. In the subsequent years, Commonwealth countries played a crucial role in getting the UN to impose first selective and then comprehensive sanctions against the regimt,. In 1976, the Commonwealth also launched a specdial programme of assistance tur Mozambique which had closed its borders with Rhodesia in March 1976, thus immensely strengthening the international campaign of sanctions against the Ian Smith regime. In 1977, the Commonwealth Committee on South Africa was asked to keep under review developments in the region as a whole. The Commonwealth was quick to dismiss as irrelevant the 'internal settlement' reached in 1979 which brought Bishop Abel s5 Ibid., pp. 181-82. For the text of the Declaration, SeeAnnexure Vii 5sRacism in Southern Aica: The Commonwealth Stand op. cit., p.6. 52 Ibid., p.7. for the text of the Agreement, see Annexure VIII s' Ibid., p. 2. For the text of the statement, seeAnnexure IX

Muzoreva to power. The Lusaka Summit of 1979 set out a framework for independence on the basis of genuine majority rule after free and fair elections. The Lancaster House Constitutional Conference succeeded in negotiating a ceasefire. Aided by a Commonwealth Observer Group, elections were heid and Robert Mugabe's Zimbabwe African National Union party led the country to independence on April 18,1980. Zimbabwe today is a member of the Commonwealth. With the birth of Zimbabwe, another bastion of racism had fallen.54 The Commonwealth involvement in Namibia, which was very minimal earlier, was intensified in mid-1970s. The Kingston summit of 1975 offered to welcome an independent Namibia into its fold. At the subsequent summits, the Commonwealth leaders rejected any independence arrangements based on apartheid and called upon South Africa to withdraw from the territory. Pretoria, meanwhile, had been playing a 'cat and mouse' game with the international community, entering into negotiations and then breaking them off. Negotiations had been paralysed because of the South African demand, backed by the United States, that Pretoria's withdrawal would be undertaken only if the Ciban personnel in Angola were withdrawn. The New Delhi Summit of Commonwealth leaders in 1983 rejected this idea. In 1985, defying all international pleas, South Africa announced its intention to proceed with an internal settlement with parties that Pretoria itself had helped to create within Namibia. Thus, South Africa continues with its strategy to dominate the entire region, throwing to winds the pleas of the UN, the Commonwealth and the international community.s5 Developments in the 1980s At the Melbourne Summit in 1981, Commonwealth leaders strongly endorsed the programme for Namibia's independence as laid down in the UN Security Council Resolution 435 of 1978 which called for South Africa's withdrawal, for interim control by the UN, and free elections.6 By the time the next summit was held in New Delhi in 1983, the situation in Southern Africa had deteriorated considerably. In the New Delhi Communique issued at the end of the Summit, they once again identified apartheid as the root cause of troubles in South Africa and instability in the region and demanded the full and unconditional implementation of the Security Council Resolution 435 on Namibia's independence and called for stricter enforcement of the mandatory arms embargo on South Africa.57 In the years after the 1983 New Delhi Summit, South Africa, aided and abetted by the Western powers, continued its tyrannical rule. At the Nassau Summit in October 1985, Britain found itself isolated on the issue of sanctions. After several days of debates, the leaders adopted a consensus "Comnonwsth Accord on South Africa" which gave South Africa six months to promote a dialogue. It called upon Pretoria to (I) declare that ,pa,heid will be dismatled; 00, terminate I4 bid., pp. 12- 14. I' ibid, pp. 15-17. 5" H'Iusn rb1mu New Deft, Novmber30, 19. emergency in the country; (iii) release immediately and unconditionally Nelson Mandela and others; (iv) establish political freedom and lift ban on African National Congress and other political parties; and (v) initiate discussion to establish a non-racial and representative Government. The accord also spelt out certain measures in the nature of recommendations for adoption against South Africa. These were: a ban on all new Government loans to Pretoria; action to ban import of the South African gold coin, Kruggerand; no government funding of trade missions to South Africa; ban on sale and export of computer equipment that can be used by police and military; ban on new contracts for sale and export of nuclear goods and materials and technology to Pretoria; ban on oil exports; embargo on military cooperation; embargo on arms, ammunition, military vehicles and paramilitary equipment; and discouragement of all cultural and scientific events except where these contribute towards ending of apartheid. The specific measures recommended for adoption if 'adequate progress' was not achieved were: ban on air links with South Africa, on new investment or re- investment of profits earned in that country, on import of agricultural products from South Africa, termination of all governmental assistance for investment in and trade with South Africa, termination of double taxation agreements with South Africa, ban on all Government procurement in South Africa, ban on Government contracts with majority-owned South African companies and a ban on promotion of tourism to South Africa. It was also agreed that Heads of Government of India, Britain, Canada, Australia, Bahamas, Zambia and Zimbabwe would meet after six months to review the situation and, if, in their opinion, "adequate progress" had not been made within this period, they would apply harsher measures.m As per the Nassau accord, a seven-member "Eminent Persons Group" (EPG) was set up to try to promote dialogue between all the communities in South Africa and also with the Government in Pretoria. The EPG had as its members, representatives from India, Australia, Canada, Barbados, Nigeria, Britain and Tanzania. Former Minister for External Affairs, Sardar Swaran Singh was India's nominee on the group. Pretoria, after initial reluctance, permitted the EPG to visit the country and hold talks with various sections of the society. The EPG cut short its third visit to South Africa after unprovoked and blatant South African raids into Zimbabwe, Zambia and Botswana, on May 19, 1986. The report of the EPG was one of the most authoritative documents on the crisis in South Africa. It gave a detailed account of its efforts to establish the basis for starting a dialogue between the Government and representative Black leaders and showed lhow these were frustrated by the Government. It pointed out that Pretorla had failed-toiake any of the five specific measures which the Nassau summit w -ndian Express, Vw Delhi), October 22,1985. Forh. e of tfhe Nassau Accord, see Annexure X had recommended. As for the lifting of emergency, South Africa, which had ear-' lier technically lifted it, re-imposed the emergency on June 12, 1986, even while the EPG report was being released. The report warned of a severe blood-bath. It came to the conclusion that "concerted action of an effective kind may offer the last opportunity to avert what could be the worst bloodbath since the Second World War."59 Meanwhile, there was renewed call for sanctions against South Africa. Unfortunately, the United States, the U.K. and some other Western powers refused to even consider nominal sanctions against South Africa. The UK incurred further displeasure when it lobbied in the European Economic Community (EEC) Conference against imposing sanctions on Pretoria. This was the last straw for the other Commonwealth members. The displeasure of these member countries found expression soon at the Edinburgh Commonwealth Games in July 1986. As many as 32 countries and the 7 territories of the Commonwealth, including India, boycotted the Games in protest against the British attitude, reducing the Games to a non-event.60 British Prime Minister Mrs. Margaret Thatcher's adamant stand was criticised the world over. Incidentally, within the UK itself, Opposition Parties and even members of the ruling Conservative Party also put blame on Mrs. Thatcher for weakening the Commonwealth. A mini-Commonwealth summit was held in London on August 3-4,1986. The Summit was attended by Heads of Government of India, Zambia, Zimbabwe, Bahamas, the UK, Canada and Australia. The Summit found the UK being isolated in its Opposition to sanctions against South Africa. The other countries expressed their determination to go ahead with measures to bring South Africa to book. A communique issued at the end of the summit declared the member countries' (barring the UK) decision to adopt all measures suggested at the Nassau summit.61 Besides, the following additional measures were also agreed upon: (i) a ban on all new bank loans to South Africa in both public and private sectors; (ii) a ban on import of uranium, coal, iron and steel from South Africa; and (iii) withdrawal of all consular facilities in South Africa except for their own nationals and nations of third countries to whom they render consular services. The UK, while differing with the others, declared that it would (i) put a voluntary ban on new investment in South Africa; (ii) put a voluntary ban on promotion of tourism in South Africa; and (iii) accept and implement any EEC decision to ban the import of coal, iron and steel and gold coins from South Africa. The leaders also agreed that if need arises, an emergency summit meeting of all Commonwealth countries should be convened to tackle South Africa.62 9 M.P. Chronicle (Bhopal) July 10, 1986. 6 Hindustan Times (New Delhi), July 24, 1986. 61 Indian Express (New Dehi) August 6,1986. 2 Ibid., also see States man (New Delhi), August 6, 1986. For details, see Annexure XI

Parliaments and the Fight against Apartheid Parliamentarians, as opinion-makers and opinion leaders, have a special responsibility in the campaign against apartheid. They have to provide a sustained stimulus to the process by which their respective Governments are attempting to put pressure on South Africa to dismantle apartheid. Fully aware of the threat posed by the inhuman racism in South Africa to international peace and security, not to forget the affront to human dignity, dismantling of apartheictand the role Parliaments can play in this regard have been on the agenda of the Conferences of the Inter-Parliamentary Union and also the Commonwealth Parliamentary Association. Both these forums have over the years discussed the issue and expressed their grave concern at the deteriorating situation in Southern Africa. The Parliamentarians Action for Removal of Apartheid (PARA) has also been doing a yeomen service to the cause of freedom fighters in Southern Africa. PARA, in July 1986, had organised a national seminar in New Delhi on Apartheid in South Africa and Namibia and adopted a Declaration which was later handed over to Prime Minister Rajiv Gandhi. Thus, it is evident that there has been no dearth of international support for the fight against apartheid. There has been concerted attempts by the United Nations and its Agencies, the Non-aligned Movement, the Commonwealth, the Organisation of African Unity and to a lesser extent even by the European Economic Community to put pressure on South Africa to dismantle its outdated system. Unfortunately, it is seen that these noble efforts have not borne fruit. South Africa continues with its pernicious policies of oppression and suppression. As discussed in this Chapter, it is the covert and more often oveit collaboration with South Africa by some of its powerful allies that has added to Pretoria's intransigence. The veto power has been time and again exercised to shield the racist regime. But for this, comprehensive and mandatory economic sanctions could have been imposed on South Africa. The reason given by South Africa's allies, particularly the United States and the UK, is that economic sanctions will badly affect the Black majority in that country. However, the black leaders themselves have rejected this reasoning and have repeatedly expressed their readiness to make the necessary sacrifices towards the larger goal eliminating apartheid. There is thus the suspicion that it is their massive economic and commercial stake in South Africa which has influenced the policy of these nations. Any comprehensive and mandatory economic sanctions will have its adverse effect on the economies of these two countries also. But then the question is whether such petty interests should stand in the way of putting pressure on the Pretoria regime to put an end to an abhorrent practice. Both the UK and the USA are aiding and abetting the perpetuation of a most-despicable system much against the wishes of the world community. The situation in the region is worsening with every passing day. It is high time Pretoria's allies counselled it to heed to the voice of reason or else the consequences could be disastrous. Meanwhile, all efforts should continue to bring further pressure on South Africa. In the succeeding Chapter, we shall discuss India's role in the fight against apartheid.

INDIA'S CAMPAIGN AGAINST APARTHEID The problem of apartheid and the fight against it, as we have discussed in the earlier Chapters, is several decades old. India has always been in the forefront of the crusade against this despicable system. In fact, India has been a trail blazer in the campaign to get apartheid dismantled. Ever since the days of the Indian indentured labour in South Africa, our country has played a pioneering role to get a better deal for the non-whites. The historic movements launched by Mahatma Gandhi and the relentless campaign of Gopal Kiishna Gokhale are legendary. Foltowing India's independence, successive Governments have consistently supported all efforts to put an end to racism in Southern Africa. Jawaharlal Nehru and Indira Gandhi voiced India's concern at the situation in Africa at various international fora. In the Indian Parliament, members have repeatedly extended their support for the majority people in South Africa in their fight for basic freedoms. In this Chapter, we shall attempt a study of the evolution of India's campaign against apartheid. Indian immigration to South Africa on any substantial scale started only towards the latter half of the 19th century. Under a tripartite agreement in 1860, involving the Governments of India, Britain and Natal, indentured labour started arriving in South Africa. This inflow of Indian labour stopped in 1911 when the Government of India prohibited emigration of labour to Natal. Even though the Indian labour was welcome in the initial stages, they came to be treated as unwanted, unnecessary and a threat with the passage of time.63 In January 1887, South Africa for the first time made effective a legislation directed against the Indians as a race which prohibited them from obtaining citizenship or fixed property rights. It also empowered the Govemment to designate "locations" where Asians must be directed to live for "purposes of sanitation." However, the British Government did not raise any objection to this condemnable legislation. In 1'896, through another Act, Govemmtnt excluded from the voters list all persons not being of European origin. Thus, any hope for Indians to have a say in South Africa vanished.6 In August 1906 an Ordinance was issued under which any Indian entitled to live in Transvaal was required to register and obtain a certificate after giving identification marks, including finger prints and thumb impressions. Gandhiji who had already become a champion of the Indians' cause thought that this displayed "nothing.. except hatred for Indians." The Immigrant Restriction Act of 1907 prescribed a dictation test in a European language besides prohibiting entry of persons who did not comply with the requirements of any other existing laws. Gandhiji declared that "rather than submit to the degradation involved '3 T.G. Ramamurthi, Fight Against Apartheid., (New Delhi: 1984), p. 12. 64 Ibid., pp. 19-20. in submitting to unjust laws, Indians would go to gaol" and launched his first Passive Resistance Campaign in South Africa on May 9, 1907. It evoked sharp reprisals from the Government. Hundreds of people were submitted to imprisonment, hard labour in prison and even deportation.65 The proclamation of the Union of South Africa in 1910 further aggravated the situation. Meanwhile, in India also, resentment against the South African policies was building up. The great freedom fighter Gopal Krishna Gokhale took up the cause of the Indian labour in South Africa and extended his whole-hearted supporl for Gandhiji's movement in that country. He appealed for contributions to finance the struggle in Africa and also organised public meetings in India to rouse opinion in its favour. In the Imperial Legislative Council, he fought for the beleagured Indians.66 On February 25, 1910, Gokhale moved a resolution recommending that the Governor-General-in-Council should be empowered to prohibit the recruitment of indentured labour in India for Natal saying that the whole Indian problem in South Africa had arisen out of this policy. Moving the resolution, Gokhale said:67 Now,...my own view of this system of indentured labour is that it should be abolished altogether. It is true that it is not actual slavery, but I fear in practice in a large number of cases it cannot be far removed from it. To take from this country helpless men and women to a distant land, to assign them there to employers in whose choice they have no voice and of whose language, customs, social usages and special civilization they are entirely ignorant, and to make therA work under a law which they do not understand and which treats their simplest and most natural attempts to escape ill-treatment as criminal offences - such a system, by whatever name it may be called, must really border on the servile. I strongly hold therefore that the system should be done away with altogether. Explaining his tabling of the resolution, he pointed out:68 But it is not merely on its own account that I advocate an abolition of this system; I also advocate it because this continued influx of indentured labour into South Africa and the consequent inevitable annual additions to the ranks of the ex- indentured tends steadily to lower the whole position of the free Indian population. The feeling of contempt with which the indentured Indian is generally regarded comes to extend itself not only to the ex-indentured but even to traders and other Indians of independent means. The struggle of free Indians to maintain themselves becomes more and more acute by these constant additions and the whole community feels an intolerable and continuously-increasing economic burden placed upon its shoulders. I therefore urge the total abolition of this indentured labour.. .The position of Indians in South Africa, which has gone from bad to worse during the last fifteen years, has now grown absolutely intolerable, and in any remedy, therefore, which the Government can apply to the situation, it is entitled to the strong and hearty support of the people of this country. 6 Ibid., pp. 24-26. 6 D.B. Mathur, Gokhale: A Political Biography, (Bombay: 1966), pp.262-63 67 Proceedings of the Council of the Governor General of India, Vol. XLVIII, dt. 25.2.1910 p. 240. 68 Ibid.

The resolution was put to vote and adopted.69 On July 1, 1911, Government of India decided to stop emigration of indentured labour to Natal.70 Gokhale did not rest content with this success. At the sessions of the Indian National Congress and the sessions of the Legislative Council, he pursued the matter. Thus, on March 4, 1912, he moved another resolution in the Council recommending that the Government of India "should now take the necessary steps to prohibit the recruitment of Indian labourers under contract of indenture, whether for employment at home or in any British colony." Regrettably, the resolution was defeated in the Council.7' In October, 1912, Gokhale arrived in South Africa at Mahatma Gandhi's invitation and toured the country extensively for nearly three weeks meeting a crosssection of the society. Gandhiji was to say later that "Gokhale's visit to South Africa stiffened our resolution, and the implications and the importance of his tour were better understood when the struggle was renewed in an active form." ,72 Gokhale continued to take an active interest in the South African situation till his death in 1915. Meanwhile, in July 1913, the Union Parliament passed the Immigration Regulation Act which empowered the Minister of Interior to declare certain classes of persons as prohibited immigrants and soon the Minister declared all Asiatics "prohibited immigrants". It was only natural that the Indian community reacted strongly to the new Act. The Second Passive Resistance Campaign was launched which met with unrestrained State brutality. Even the Viceroy felt compelled to take up the matters and express sympathies for the South African Indians.73 Before Gandhiji left South Africa in 1914, the Indian Relief Act and the GandhiSmuts Agreement were announced. With Gandhiji's departure, a major phase of the South African Indians' fight against discrimination came to a close. He had fought against the inequalities tooth and nail while in South Africa and continued to oppose racism even when engaged in the freedom struggle back in India. He repeatedly pointed out that "what is happening in South Africa involves a loss of dignity of not only those who are victims of apartheid; but also those who are perpetrating it and directly or indirectly encouraging it."74 In the post-World War I period, more laws were enacted which undermined the status of the Indian community in South Africa. The new white consciousness had come to threaten Indians and Blacks. Through the National Boroughs Ordi69 Ibid., p. 284. 70 D.B. Mathur, op. cit., p. 241. 71 For details, see Proceedings of the Council of the Governor General oflnia, Vol. L, dt. 4.3.1912. pp. 363-97. 72 M.K. Gandhi, Gokhale, My Political Guru, (Ahmedabad: 1955), p.28. 73 B. Pachai, "The International Aspects of the South African Indian Question" (1971), p. 12, cited in T.G. Ramamurthi, op. cit.., p.34. 74 Cited in Speech by Shri P.V. Narasimha Rao in Statements, Vol.11, International Conference on Sanctions Against South Africa, (New York: 1983), p. 184.

3. nance of 1924 and the Township Ordinance of 1925, Indians were deprived of the right of franchise in the boroughs and the townships, respectively.75 The Class Areas Bill of 1925 was not welcome to the Indians. Ultimately, at the Government of India's suggestion, a Round Table Conference was held in Cape Town to sort out various matters. The Cape Town Agreement, which was ratified in 1927, provided for assisted emigration which was bound to yield poor results.76 The simmering discontent reached a new high when in 1943, after getting two reports on Indian penetration in European areas since 1927, the Government came out with the Trading and Occupation of Land (Transvaal and Natal) Restriction Bill, that too inspite of the Government of India's protest. (The Bill later came to be known as the Pegging Act). Earlier, in March 1943, the Central Legislative Assembly had passed the Indian Reciprocity Act which enabled India to impose on South African Europeans in India restrictions similar to those suffered by Indians in South Africa. The new law was condemned in India and on November 6, 1944, the Central Legislative Assembly adopted a motion demanding the enforcement of the Reciprocity Act and other measures.77 Subsequently, on March 22, 1945, the Council of State adopted a resolution which demanded economic sanctions against South Africa and the recall of the Indian High Commissioner from that country.78 Meanwhile, within South Africa, a major chunk of the South African Indian Congress called for making common cause politically, educationally and economically with other non Europeans, especially the African majority. In January, 1946, South Africa announced its decision to bring fresh legislation to replace the Pegging Act. On March 12, 1946, India announced its decision to trerminate the trade agreement with South Africa thus opting for economic sanctions against that country. The Viceroy's Executive Council on April 3, 1946, decided to recall the Indian High Commissioner in South Africa though the date for the same was not fixed.79 On July 17, 1946, Government of India published the Gazette Extraordinary giving effect to the trade sanction against South Africa.80 A decisive stage in India's fight against apartheid came when in October, 1946, India, for the first time in the history of the United Nations, brought before it the "Question of the treatment of Indians in South Africa". On November 21, 1946, the leader of the Indian Delegation, Smt. Vijaya Lakshmi Pandit, told the United Nations debating the Indian motion on the situation In South Africa:81 Segregation, in our view, is a denial of an elementary human right, the right of an individual to own and occupy property according to his inclination and means. It 75 T.G. Ramamurthi, op. cit., p.41. 76 Ibid p.44. 77 Legislative Assembly Debates, Vol. IV, 1944, dt. 6. 11. 1944, p. 308. For the text of the motion, see Annexure XII 78 Council of State Debates 1945, Vol. i, dt. 22. 3. 45, p. 402. For the text of the Resolution, see Annexure XIII. 79 Ibid., pp. 56-58. 80 For the text of the Gazette, see Annexure XIV. 81 Cited in T.G. Ramamurthi, op.., cit., pp. 69-70. tends to demoralze a human being by an arbitrary restriction of opportunity and by civic neglect where, as in South Africa, the inspiration of this disability is racial prejudice and its victim has not the means of redress which the democratic privileges of franchise provides. She added:82 Inasmuch as the cause of the dispute is racial, the subordination of the just claims of members of one race to the unjust demands of another, its repercussions will extend beyond South Africa and India. The issue therefore is a political (not a legal) issue; not even an issue between two countries alone but, in the possibilities of extent, a world issue. During this Session, the UN General Assembly, at India's insistence, passed a resolution declaring that "it is in the high interest of humanity to put an immediate end to racial persecution and discrimination."83 Making a statement in the Constituent Assembly (Legislative) on December 12, 1947, regarding the resolution adopted by the UN General Assembly on the treatment of Indians in South Africa, Prime Minister Jawaharlal Nehru referred to his correspondence with the South African Government and said:84 The Prime Minister of South Africa was insistent that before any negotiations could take place between the two Governments, the so-called sanctions which India had applied against South Africa, namely the severance of trade relations between the two countries, should be withdrawn and the High Commissioner for India should return to the Union. We, on our part, while expressing a sincere desire to settle the problem of the treatment of Indians in South Africa by friendly means, expressed our inability either to resume trade relations, or to enter into negotiations, except on the basis of the Assembly resolution of 1946. Stressing the need for a crusade against racism, he added:8s In supporting the cause of Indians in South Africa, we have worked not only for the rights of people of our own race but for the rights of the oppressed people throughout tle world. That attitude we are determined to maintain, in the firm faith that our cause is right and that ultimately right will prevail. As an ANC leader wrote later:86 India raised the issue of the treatment of people of Indian origin in South Africa at the first session of the United Nations General Assembly not merely to bring to the gaze of international public opinion the inequities meted out to a minority who happened to be of Indian stock, but to focus world attention to the general problem of racial discrimination and deprivation of human rights as practicised by a Member 82 !bid- p. 70 P.V. Narasimha Rao, op. cit., p. 182 84 Constituent Assembly (Legislative) Debates, Vol Il1, 1947, dt. 12. 12. 1947, p. 1808. 95 Ibid., p. 1809. 86 M. Moolla, "Significance of the Contribution of India to the Struggle against Apartheid', (UN: Centre Against Apartheid: Notes and Dcouments, No. 17/76, July 1976), p.5.

State of the united Nations with a view to obtaining world support for an oppressed people struggling for freedom and human equality. In 1949, when India decided to join the Commonwealth, questions were raised on its propriety since South Africa was also a member State, Jawaharlal Nehru, who had consistently voiced his concern at apartheid, made a statemet in the Constituent Assembly on the matter on May 16, 1949. He said:87 I am often asked how we can join a Commonwealth in which there is racial discrimination, in which there are other things happening to which we object. That, I think, is a fair question and it is a matter which must necessarily give us some trouble in our thinking. Nevertheless, it is a question which does not really arise. That is to say, when we have entered into an alliance with a nation or a group of nations, it does not mean that we commit ourselves in any way to something that they may do. In fact, this House knows that we are carrying on a struggle in regard to racial discrimination in various parts of the world. In the years that followed, India has been in the vanguard of the fight against apartheid at all the forums available, including the United Nations, Non-Aligned Movement and the Commonwealth. At the United Nations, it has repeatedly brought to the world body's notice the pernicious policies of South Africa. It has abided by all major UN adopted resolutions on South Africa. In 1952, along with 12 other Member States, India raised the general question of "Race conflict in South Africa resulting from the policies of apartheid of the Government of the Union of South Africa'.8 It was again at India's initiative that South Africa was excluded from the Afro-Asian Conference held at Bandung in 1955.89 The question of apartheid was thus very much in the minds of the Indian leadership. Jawaharlal Nehru, as Prime Minister, led an active campaign against this outdated system, be it in the Indian Parliament or at international forums. [In fact, one of the first political activities of Nehru on his return from Britain after his education was to actively participate in a fund-raising for Mahatma Gandhi's campaign against racism in South Africa]. Indian Delegations at various meetings also took up the matter. Speaking in the Rajya Sabha on December 15, 1958, on a motion on the international situation, Jawaharlal Nehru, who was also the Minister of External Affairs, painted a vivid picture of the Africans' fight for fundamental human rights. He said:90 ...One of the most striking things today-although it may not receive very much public attention-is the gradual development of what has been called the 'African personality'; it is emerging, and I have no doubt that it is going to play a vital role in the future; whether it can play that role through peaceful development or not I cannot say because in this very Africa, where this African personality is emerging there are other forces down South and South-west which are not only opposed to that 67 Constituent Assembly Debates, Vol. VIII, 1949, dated 16.5.1949, p.6 8 P.V. Narasimha Rao, op. cit., p. 183 89 E.S. Reddy, "India and South Africa: 40 years", Patriot (New Delhi) July 17, 1986. 90 R.S. Deb. Vol. XXIII, Nos 12-23, dated 15.12.58, Cols. 2260-62.

African peronality but are ranged today in complete opposition to any idea of race equality, political equality or any equality. Of course, the most outstanding exponent of this doctrine of racial inequality is the Union of South Africa. Sounding a word of caution, he added:91 We have been building up in the United Nations, we and other countries, world opinion against this; and we have been building it up not only because we object to it but what is much more important, if this kind of thing continues in the Union of South Africa and at the same time, this, what I referred to as the African personality, grows, there can be no doubt that there will be a mighty clash between these two. Such a clash can be of advantage to neither side, because it is quite inconceivable for these growing nations of Africa, finding their soul, you may say, in some measure of freedorr to put up with the kind of treatment that the South African, Union has given to the coloured people. They will never pul up with it, as we can never put up with it. The Sharpeville incident where innocent people were massacred by the racists sent shockwaves throughout India. On March 23, 1960, in the Lok Sabha, members pressed for an adjournment motion to express their deep hurt over the incidents. The Prime Minister, in his intervention, compared the Sharpeville violence with the massacre at the Jalianwala Bagh and said:92 When I read of this episode, I was reminded powerfully of something that occurred in India 41 years ago-the Jalianwala Bagh massacre.. That was followed, as everyone here knows by all manner of developments, upheavals, struggles and the like. And, I do not imagine that this thing, this large-scale killing, and even more so, the spirit behind it, the spirit of racial mastery, the spirit of authoritarianism, the spirit not only of segregation but treating the great majority of the people as an inferior race, as a sub-human species, that is a thing which obviously can never be accepted not only by them but by the hundreds of millions of Africa and Asia. After discussing the Sharpeville incident in detail on March 28, 1960, theL.ok Sabha adopted a resolution condemning the killings and extending its sympathy to the victims.93 In another of his exposition of apartheid in South Africa, Nehru elaborated his views on the disastrous consequences of such ill-conceived policies. Speaking at a seminar on "Problems of Emergent Afrita" in New Delhi on February 17, 1961, he said:9 So take this question of racial discrimination. A question which has been before us, before the United Nations for many, many years. Now, it seems to me always that this question can only lead, if not solved, to disasters of the first magnitude. The great part of the world recognizes that and has come to the conclusion that racial discrimination must be ended, even 91 Ibid. 92 L.S. Deb. Vol. XVI, 1960, dt. 23.3.1960, Col. 7549. 9 Ibid, dt. 28.3.1960, Col. 8401. For the text of the resolution, see Annexure XV 9 S. Gopal (ed.), JawaharlalNehru: An Anthology(Delhi: 1980), p.381. though they lieve not altogether been able to put an end to it. But what are we to say where racial discrimination with all its evil is the official policy of states, not something due to human weakness which we try to better or remove? Basically that type of thinking can never be resolved by half measures, basically that will lead to greater conflicts than even what are called conflicts due to nationalist upsurges; because they are a mixture of both nationalism and other things.. .oppression or suppression may succeed, in a small measure for a small period of time, but the time has gone by when they can really succeed, and any attempt to do that will only lead to greater upheavals and will leave trails of bitterness behind, which will be bad for the future of those countries and other countries in the world at large. At the Commonwealth Prime Ministers' Conference in London in March 1961, Nehru took an active role in denouncing the racist policies of the Pretoria regime. His strident call to put an end to racism found acceptance among the leaders of the Member States which ultimately led to South Africa's withdrawal from the Commonwealth. Later, making a statement in the Lok Sabha on March 24, 1961, regarding the Commonwealth Prime Ministers' Conference in which South Africa was compelled to leave the Commonwealth, Nehru said:95 ...we must remember that the policies under which vast numbers of Africans as well as people of Indian descent suffer in South Africa are continuing, and will continue till other developments ta.e place or other pressures of world opinion or world organisations result in changes being brought about. We have therefore,to be wide awake in these matters and not be complacent. It is surprising that in Africa which is today in a state of great ferment and change where many independent countries have emerged in the last few months even, and will continue emerging in the next year or two, that in that great continent which is undergoing such vast changes, in South Africa these policies of racial segregation and suppression should still continue. It is impossible for me to imagine how this can continue for long without bringing about conflicts, and vast conflicts, involving many countries, because it is quite intolerable for the new countries of Africa, as indeed of Asia too, to tolerate such a situation. In the Rajya Sabha also, the Prime Minister made a statement on March 27, 1961 on the Commonwealth Prime Ministers Conference. Referring to the menace of apartheid and the events that compelled South Africa to leave the Commonwealth, Nehru said:96 ...the question of racial inequality is not a question of merely the internal affairs of a nation. It raises wider, international issues.. .In South Africa, there is this policy of what has been called apartheid, of suppression separation and segregation. This is the official declared policy of Government. This matter was discussed and this incompatibility became obvious to all. It became a question, practicably speaking, of whether the South African Government should continue in the Commonwealth 96 L.S. Deb., Vol. III, dt. 24.3.1961, Cols. 7048-49. 96R.S. Deb., Vol. XXXIII, 1961, dt. 27.3.1961, Cols. 17-20. or whether a number of other countries should continue in the Commonwealth. As a result of this, the South African Prime Minister decided to withdraw his application for continuing membership of the Commonwealth and this was agreed to... I think this is a very significant happening, this decision of the Commonwealth Prime Ministers' meeting which will no doubt have far-reaching effect not only on the Commonwealth but on racial questions all over the world. Soon after, in 1962 India along with some other countries spcnsored for the first time a resolution in the UN General Assembly calling for sanctions against South Africa.97 Even after the death of Jawaharlal Nehru, India carried on his crusade against apartheid. Smt. Indira Gandhi also took up the cause of the majority in South Africa at international forums, including the UN, NAM and the Commonwealth. At the summit meetings of the NAM and the Co_ ,moiwealth, she raised her voice against the evil of apartheid and argued for conmiprehensive sanctions against Pretoria. In 1974, when India reached the finals of the prestigeous Davis Cup tennis tournament for the first time in the history of the 74-year-old tournament, the Government decided against taking part since India had to play South Africa in the finals, thus sacrificing a chance to win the coveted cup.98 The massacre of innocent children during the Soweto uprising of 1976 was roundly condemned by India. In 1977, India acceded to the Convention on the Suppression and Punishment of the Crime of Apartheid.99 On April 6, 1979. the Lok Sabha expressed shock at the execution of the South African patriot and freedom fighter Solomon Mahlangu and condemned the action in the strongest terms.100 In 1981, Parliament unanimously passed The Anti-Apartheid (United Nations Convention) Act, 1981 to give effect to the International Convention on the Suppression and Punishment of the Crime of Apartheid. 101 At the NAM summit in New Delhi in 1983, Smt. Indira Gandhi made determined efforts to' further consolidate the Movement's support to the anti-apartheid struggle. In her keynote address to the summit on March'7, 1983,, she said:102 The other notorious outlaw is the South African regime which defies the intemational family with impunity. It has been rightly observed that the very existence of the Government of Pretoria, which institutionalises racism, negates the oneness of the human race. Aggression against its own people, and those of Namibia and other neighbours, is an affront. The New Delhi NAM summit and the Commonwealth Summit, also held in New Delhi the same year, saw India yet again in the forefront of the fight against 97 L.S. Deb., Vol. XVIII, No.8, dt. 28.7.1986, Col. 271. 98 Har Sharan Chhabra, "India and South Africa", Hindustan Times (New Delhi), dt. 21.11.1985 9 L.S. Deb., Vol. XVIII, No. 8, dt. 28.7. 1086, Col. 271 100 Ibid., Vol. XXV, Nos. 31-35, dt. 6.4.1979, Cols. 330-1. 101 Ibid., For the text of the Act, See Annexure XVI 102 Foreign Affairs Record, Vol. XXJX, No. 3, March 1983, p.50 apartheid. In a moving speech at the United Nations, the Prime Minister extended India's unstinted support to the people of South Africa and Namibia in the struggle to throw away the yoke of apartheid. Addressing the 38th Session of the UN General Assembly in New York on September 28, 1983, she observed: 103 Some issues arouse intense feeling in individual nations, others our common indignation. One such is the persistence of racialism. How can the denial of freedom to the majority of the people of South Africa and the people of Namibia be condoned? I affirm our total support to the freedom struggle of the people of Namibia under the leadership of SWAPO, and to the Governments and the peoples of the frontline States who have to endure pressure and provocation. Almost my first conscious thoughts were admiration for those who suffered. Nelson Mandela, a flaming symbol of freedom, and many others are behind prison bars but their voices cannot be stilled. They resound the world over. In a prophetic mood, Smt. Indira Gandhi once said: i014 The idea of freedom cannot be stamped out. Some spark will persist to burst into flame, somewhere, some time to light the way and illumine hearts and ultimately lead to success. Neither colour nor caste nor sex makes one person superior ci interior. No matter what laws South Africa devises for itself, history cannot be denied nor will the inexorable march of the future will be halted. Apartheid cannot survive. The early 1980s saw India once again leading the campaign for comprehensive mandatory sanctions against apartheid. In the United Nations, the NAM and the Commonwealth, India zealously espoused this cause. When, in August 1985, racial riots broke out in Durban, Members of Parliament, cutting across political barriers, expressed their deep concern at the developments including the burning down of the Phoenix settlement set up by Gandhiji in the 1890s. Later, both Houses of Parliament adopted identical resolutions cohdemning apartheid, and appealed to release the freedom fighter Benjamin Moloise who had been condemned to death. 105 Shri Rajiv Gandhi, who took over as Prime Minister on October 31, 1984, has also been in the vanguard of the movement against apartheid. At the Nassau summit of the Commonwealth and later at the mini-summit of the Commonwealth Heads of Government in London, he played a crucial roie in directing the Commonwealth's future course of action against South Africa. The Lok Sabha on August 7, 1986, and the Rajya Sabha on August 8, 1986, discussed the serious situation in Southern Africa involving apartheid and the illegal occupation of Namibia. Later, both Houses adopted resolutions condemning apartheid, extending India's solidarity with the majority people in Africa and 103 Ibid., Vol. XXIX, No.9, September 1983. p.200 104 Cited in Ibid., Vol. XXXI, No.1, October 1985, p.320. 105 See L.S. Deb.., Vol. 8, Nos. 16-20, dt. 19.8.1985, Cols. 492-543. and R.S. Deb, Vol. 135, Nos. 16-20 dt. 20.8.1985, Cols. 306-61. For the text of the resolution, see Annexure XVII calling upon Government to impose comprehensive economic sanctions against South Africa. 1'% At the NAM Summit in Harare in September 1986, Prime Minister Rajiv Gandhi made an imapassioned plea to the international community to put pressure on South Africa to dismantle apartheid. In his address to the summit on September 2, 1986, he said: 107 South Africa is a cauldron coming to the boil. Ever since Belgrade, the Non- Aligned Movement has urged the immediate dismantng of apartheid. Racism cannot last. A people's aspirations cannot be encaged in a prison. Nelson Mandela and his people will be free. Pretoria remains obstinate, intransigent, obdurate. They think apartheid can be given an acceptable face. It cannot. Their legislative amendments and administrative changes do not end racial domination. They prolong it. Freedom in South Africa will brook no further delay. The question starkly is: Liberty now, with innocent lives saved, or liberty later, in a welter of blood? Reiterating the need for comprehensive sanctions, the Prime Minister observed: 101 Outside economic sustenance only reinforces Pretoria's intransigence. Sanctions will compel Pretoria to relent, sanctions can yet secure a relatively peaceful transition to racial equality and majority rule. Else, unprecedented violence will mow down a multitude of the finest flowers of South Africa. Legally and morally, the imperatives of international order impose on the international community the obligation to collectively enforce comprehensive, mandatory sanctions. It was only in the fitness of things that India was made the Chairman of the AFRICA Furid. As already discussed, India has been playing a crucial role in mobilising international support and contributions for the AFRICA Funco. Thus, we find that India has been actively engaged in the campaign against apartheid. From the days of Mahatma Gandhi and Gopal Krishna Gokhale through the Prime Ministership of Jawaharlal Nehru and Indira Gandhi, its has been a stellar performance at the United Nations, Nori-Aligned Movement, the Commonwealth and other international fora. It has strictly adhered to all UN resolutions on South Africa and Namibia. It hassteadfastly implemented resolutions of the Commonwealth and the NAM. It has condemned the constitutional and administrative changes brought about by South Africa, including the setting up of Bantustans. 106 For details see L.S. Deb, Eighth series, Vol. XIX, No. 16, dt 7.8.1986, cc. 358-98, 402-11, and R.S. Deb. Vol. CXXXIX, No. 17, dt. 8.8.1986. For the text of the resolutions, see Annexures XVII &X[X 107 Foreign Affirs Record, Vol. XXXII, No.9, September, 1986, pp.267-68. 108 Ibid.

India's is one of the largest contributions, to the UN Trust Fund for Development of South African countries and it is an active partner in the Economic Commission of Africa as well as the Southern Africa Development Coordination Conference which came into being in 1979. India also has extended recognition to the freedom fighters in South Africa and the South-West African Peoples Organisation (SWAPO). In fact SWAPO and ANC have their representatives in New Delhi. India honoured Nelson Mandela with the prestigeous Jawaharlal Nehru Award for International Understanding in 1979. In 1987, an International Youth Conference Against Apartheid was held in New Delhi under the auspices of the Indian Youth Congress-I to commemorate the 75th anniversary of the ANC. South Africans of Indian origin have also been consistent in thier campaign against apartheid along with the Black majority. The names of Yusuf Dadoo, Monty Naicker and H.A. Naidoo are renowned throughout South Africa. At the UN and other international fora, Indians and South Africans of Indian origin have been actively campaigning against apartheid. Shii E.S. Reddy distinguished himself as Assistant Secretary-General of the UN and Head of its Centre Against Apartheid. He is also Secretary-General of the Cultural Foundation for the Abolition of Apartheid in Paris. The Indian Parliament, as we have seen, has also been in the forefront of the anti-apartheid campaign. In 1987 only, two parliamentary delgations led by Shri G.G. Swell and Shri Sat Paul Mittal had been delegated by Prime Minister Shri Rajiv Gandhi to interact with fellow Parliamentarians abroad on the issue of apartheid. Thus, India carries on its struggle against apartheidknowing fully well that any attempt to slow down the pace will be detrimental to the cause of fundamental freedom in South Africa and Namibia.

CONCLUSION The boiling cauldron in South Africa has been and continues to be a grave threat to international peace and security. The state-imposed system of institutionalised racial discrimination is the root cause of tension and instability in the region. The apartheid policy of South Africa has been aptly described by the United Nations as a crime against the conscience and dignity of mankind. The illegal regime in Pretoria has shown scant respect for human rights and human dignity. Apartheid affects all aspects of life-political, economic and social- of those who live under this unjust and inhumane system. The impunity with which South Africa has been subjugating 85 per cent of its population by denying th.m the most fundamental rights and liberties is an affiont to humanity. The racist regime has been engaged in condemnable efforts to reverse the irreversible tide of liberation and independence in South Africa. The cosmetic constitutional changes which Pretoria have effected have not met with approval by the international community. South Africa is illegally occupying Namibia also against the will of the intemational community. While this century has been a witness to the liberatiui, 1 diany countries from the yoke of colonialism, it is now more than seventy years that South Africa has come to occupy Namibia. Every measure aimed at an amicable solution to the Namibian problem has been thwarted by South Africa. Yet, the heroic liberation movement in Namibia under the leadership of SWAPO continues knowing fully well that victory will be theirs ultimately. It is a reflection on apartheid in South Africa that great leaders and freedom fighters have been languishing in jails for years together while many have been to the gallows. Sharpeville and Soweto have become symbols of man's basic urge to rebel against flagrant injustices and gross inequalities. Vuysile Mini, Joseph Mduli, Steve Biko, Solomon Mahalangu and Benjamin Moloise who were sent to the gallows by the racists have become legends the world over. Nobel Peace Prize winner and a long-time President of the ANC, Chief Albert Lutuli, also suffered greatly at the hands of the Pretoria regime. South Africa has incarcerated for long terms and life respected leaders like Walter Sisulu, Dennis Goldberg and Goven Mbeki. The living legend of that great freedom fighter, Nelson Mandela, who has been languishing in the South African jails is a stark reminder of all that apartheid represents. The international community has been consistently endeavouring to prevail upon Pretoria to put an end to the obnoxious practice of apartheid. The United Nations, the Non-Aligned Movement, the Commonwealth, the organisation of African Unity, have all repeatedly stressed the need to dismantle apartheid. Each and every one of these efforts at a peaceful resolution of the crisis has been rejec- ted by South Africa. The strident call for comprehensive and mandatory sanctions against South Africa has not borne fruit so far simply because of the unhelpful attitude of South Africa'§ powerful allies. It is unfortunate that these powers have chosen to collaborate with South Africa, aiding and abetting the pillage and hypocrisy of the Pretoria regime, even against the vishes ot their people. This, naturally, has emboldened South Africa to resort to military adventures against the Frontline States. Today, Southern Africa is at the cross roads of history. Apartheid is a blot on humanity and it has to be fought collectively. The world cannot afford this morally repugnant system to be perpetuated. As Prime Minister Rajiv Gandhi said, apartheid cannot be reformed, it has to be eliminated. The need of the hour is to impose comprehensive and mandatory sanctions against South Africa under Chapter VII of the UN Charter. There is also an urgent need to implement the UN Security Council Resolution 435 (1978) on Namibia to liberate that country from the clutches of South Africa. In the meanwhile, the comity of nations needs to extend its whole-hearted support to the AFRICA Fund to assist the Frontline States who have been the victims of South African military adventurism. India, which has played a pioneering role in combating apartheid, should continue its crusade with a missionary zeal. The Commonwealth Group of Eminent Persons, in its report entitled "Mission to South Africa". which was prepared after extensive touring of South Africa with absolute freedom of access to leaders in Government, political, religious and community organisations, including meetings with Nelson Mandela in the Pollsmoor Prison, emphasised the need for concerted action "which may offer the last opportunity to avert what could be the worst bloodbath since the Second World War" and cautioned: 109 We are convinced that the South African Government is concerned about the adoption of effective economic measures against it. If it comes to the conclusion that it would remain protected from such measures, the process of change in South Africa is unlikely to gain in momentum and the descent into violence would be accelerated. In these circumstances, the cost in lives may have to be counted in millions. Prime Minister Rajiv Gandhi, inaugurating the AFRICA Fund Committee meeting in New Delhi on January 24, 1987, said:110 Africa is a continent rich in history, rich in resources, rich in cultural achievements. But its people have been subjected to terrible punishment-enslaved, exploited and humiliated. One by one its peoples have wrested their independence. Yet, shamefully, the old order persists in the southern reaches of the continent. There the hateful phenomenon called apartheid flaunts its brazenness. 10o Mission to South Afnca (The Commonwealth Report), (Commonwealth Secretariat: 1986) pp. 140-41. 110 Foreign Affairs Record, Vol. XXXIII, No. 1, January, 1987, pp. 1-2.

Men are born free; yet Pretoria treats the Blacks as slaves. All men are born equal; still the racists practise unabashed discrimination against all those who are not white. The only gift it holds out to them is the chain of oppression. The Pretoria regime constitutes a clear threat to international peace. It must be removed-and removed now. We must continue to press for comprehensive mandatory sanctions. There is already a welcome shift in the position of some countries. Deaf ears have begun to hear. Those who support apartheid are accessories to the impending bloodshed. Let not the racists of South Africa imagine that their powerful friends can sustain them for ever. Weak though we are, we have brought down empires. We shall compel Pretoria to submit. The fight continues. Apartheid will go! Namibia will be free!

ANNEXURE I UN Security Council Resolution 181 (1963) of 7 August 1963 The Security Council. Having considered the question of race conflict in South Africa resulting from the policies of apartheid of the Government of the Republic of South Africa, as submitted by the thirty-two African Member States, Recalling Security Council resolution S/4300 of 1 April 1960, Taking into account that world public opinion has been reflected in General Assembly resolution 1761 (XVII) and particularly in its paragraphs 4 and 8, Noting with appreciation the two interim reports of the Special Committee on the Policies of Apartheid of the Govemmeht of South Africa contained in documents S/5310 of 9 May 1963 and S/5353 of 17 July 1963, Noting with concern the recent arms build-up by the Government of South Africa, some of which arms are being used in furtherance of that Government's racial policies, Regretting that some States are indirectly providing encouragement in various ways to the Government of South Africa to perpetuate, by force, its policy of apartheid, Regretting the failure of the Government of South Africa to accept the invitation of the Security Council to delegate a representative to appear before it, Being convinced that the situation in South Africa is seriously disturbing international peace and security, 1. Strongly deprecates the policies of South Africa in its perpetuation of racial discrimination as being inconrlstent with the principles contained in the Charter of the United Nations and contrary to its obligations as a Member State of the United Nations; 2. Calls upon the Government of South Africa to abandon the policies of apartheid and discrimination as called for in the previous Security Council resolution of 1 April 1960, and to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid, 3. Solemnly calls upon all States to cease forthwith the sale and shipment of arms, ammunition of all types and military vehicles to South Africa; 4. Requests the Secretary-General to keep the situation in South Africa under observation and to report to the Security Council by 30 October 1963. (Source: UN Centre against Apartheid; Department of Political and Security Council Affairs, Notes and Documents, NO. 13/76, June 19.76, pp. 3-4] International Convention on the Elimination of all Forms of Racial Discrimination Adopted by the General Assembly of the United Nations in resolution 2106 A (XX) of 21 December 1965. Opened for signature at New York on 7 March 1966. Entered into force on 4 January 1969, on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument of accession, in accordance with article 19 of the Convention. The States Parties to this Convention, Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, Consideingthat the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour, or national origin, Considering that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination, Consideringthat the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, in whatever form and wherever they exist, and that the Declaration on the Granting of Independence to Colonial Countries and People of 14 December 1960 [General Assembly resolution 1514 (XV)] has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end, Considering that the United Nations Declaration on Elimination of All Forms of Racial Discrimination of 20 November 1963 [General Assembly resolution 1904 (XVIII)] solemenly affirms the necessity of speediy eliminating racial discrimination throughout the world in all its forms and manifestations and of securing understanding of and respect for the dignity of the human person, Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere, Reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and security among peoples and the harmony of persons living side by side even within one and the same State, Con vncedthat the existence of racial bairiers is repugnant to the ideals of any human society, Alarmed by manifestations of racial discrimination still in evidence in some areas of the world and by governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation, ANNEXURE II

Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations, and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build an international community free from all forms of racial segregation and racial discrimination, Bearing in mind the Convention concerning Discrimination in respect of Employment and Occupation adopted by the International Labour Organisation in 1958, and the Convention against Discrimination in Education adopted by the United Nations Educational, Scientific and Cultural Organization in 1960, Desiring to implement the principles embodied in the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that end, Have agreed as follows: Part I Article 1 1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. 2. This Convention shall not apply to distinctions, exclusions, restrictions of preferences made by a State Party to this Convention between citizens and non- citizens. 3. Nothing in this Convention may be interpreted as affecting in any way the leagal provisions of State Parties coneming nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality. 4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms sdiall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved. ArtMcle 2 1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of elimianting racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; (b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations; (c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have effect of creating or perpetuating racial discrimination wherever it exists;

(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including lesgislation as required by circumstances, racial discrimination by any persons, group or organization; (e) Each State Party undertakes to encourage, where appropriate, integrationist multi-racial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division. 2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved. Article 3 States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction. Article 4 States Parties condemn all propaganda and all organizations which are based on ideas or theoies of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia: (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence o incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organization or activities as an offence punishable by law; (c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination. Article 5 In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (a) The right to equal treatment before the tribunals and all other organs administering justice; (b) The right to security of.person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution; (c) Political lights, in particular the rights to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Govemment as well as in the conduct of public affairs at any level and to have equal access to public service; (d) Other Civil rights in Particular: (i) The right to freedom of movement and residence within the border of the State; () The rightto leave any country, Including one's own and to return to one's country;

(iii) The right to nationality; (iv) The right to marriage and choice of spouse; (v) The right to own property alone as well as in association with others; (vi) The right to inherit; (vii) The right to freedom of thought, conscience and religion; (viii) The right to freedom of opinion and expression; (ix) The right to fretedom of peaceful assembly and association; (e) Economic, social and cultural rights, in particular: (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration; (ii) The right to form and join trade unions; (iii) The right to housing; (iv) The right to public health, medical care, social security and social services; (v) The right to education and training; (vi) The right to equal participation in cultural activities; ( The right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks. Article 6 States Parties shall assure to every one within the jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination. Article 7 States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understending, tolerance and friendship among nations and racial or eftnical groups, as well as to propagating the purpose and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention. Part 11 Article 8 1. There shall be established a Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee) consisting of eighteen experts of high moral standing and acknowledged impartiality elected by States Parties from among their.nationals, who shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as of the principal legal systems. 2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one person from among its own nationals. 3. The initial election shall be held six months after the date of the entry into force of this Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two

48 months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties. 4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Head-quarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the person elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 5. (a) The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee. (b) For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee. 6. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties. Article 9 1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of this Convention: (a) within one year after the entry into force of the Convention for the State concerned; and (b) thereafter every two years and whenever the Committee so requests. The Committee may request further information from the States Parties. 2. The Committee shall report annually, through the Secretary-General to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties. Such suggestions and general recommendations shall be reported to the General Assembly together with comments, if any, from States Parties. Article 10 1. The Committee shab adopt its own rules of procedure. 2. The Committee shall elect its officers for a term of two years. 3. The secretariat of the Committee shall be provided by the Secretary-General of the United Nations. 4. The meetings of the Committee shall normally be held at United Nations Headquarters. Article 11 1. If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may bring the matter to the attention of the Committee. The Committee shall then transmit the communication to the State Party concerned. Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that state. 2. If the matter is not adjuted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter again to the Committee by notifying the Committee and also the other State.

3. The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this article after it has ascertained that all available domestic remedies have been invoked and exhausted in the case, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged. 4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant information. 5. When any matter arising out of this article is being considered by the Committee, the State Parties concerned shall be entitled to send a representative to take part in the proceedings of the Committee, without voting rights, while the matter is under consideration. Article 12 1. (a) After the Committee has obtained and collated all the information it deems necessary, the Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission) comprising five persons who may or may not be members of the Committee. The members of the Commission shall be appointed with unanimous consent of the parties to the dispute, and its good offices shall be made available to the States concerned with a view to an amicable solution of the matter on the basis of respect for this Convention. (b) If the States parties to the dispute fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission not agreed upon by the States parties to the dispute shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its own members. 2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States parties to the dispute or of a State not Party to this Convention. 3. The Commission shall elect its own Chairman and adopt its own rules of procedure. 4. The meetings of the Commission shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Commission. 5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also service the Commission whenever a dispute among States Parties brings the Commission into being. 6. The Sates parties to the dispute shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations. 7. The Secretary-General shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph 6 of this article. 8. The information obtained and collated by the Committee shall be made available to the Commission, and the Commission may call upon the States concemedlo supply any other relevant information. Article 13 1. When the Commission has fully considered the matter, it shall prepare and submit to the Chairman of the Committee a report embodying its findings on all questions of fact relevant to the issue between the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.

2. The Chairman of the Committee shall communicate the report of the Commission to each of the States parties to the dispute. These States shall, within three months, inform the Chairman of the Committee whether or not they accept the recommendations contained in the report of the Commission. 3. After the period pt )vided for in paragraph 2 of this article the Chairman of the Committee shall communicate the report of the Commission and the declaration of the States Parties concerned to the other States Parties to this Convention. Artcle 14 1. A State Party may at any time declare that it recognizes the competence of the Committee to receive and consider communicatjons from individuals or groups of individuals within its jurisdiction claiming to be victims of a violation by that State Party of any of the rights set forth in this Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. 2. Any State Party which makes a declaration as provided for in paragraph 1 of this article may establish or indicate a body within its national legal order which shall be competent to receive and consider petitions from individual and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other avaiable local remedies. 3. A declaration made in accordance with paragraph 1 of this article and the name of any body established or indicated in accordance with paragraph 2 of this article shall be deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary- General, but such a withdrawal shall not affect communications pending before the Committee. 4. A register of petitions shall be kept by the body established or indicated in accordance with paragraph 2 of this article, and certified copies of the register shall be filed annually through appropriate channels with the Secretary-General on the" understanding that the contents shall not be publicly disclosed. 5. In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 2 of this article, the petitioner shall have the right to communicate the matter to the Committee within six months. 6. (a) The Committee shall confidentially bring any communication referred to it to the attention of the State Party alleged to be violating any provision of this Convention, but the identity of the individual or groups of individuals concerned shall not be revealed without his or their express consent. The Committee shall not receive anonymous communications. (b) Winthin three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State. 7. (a) The Committee shall consider communications in the light of all information made available to it by the State Party concerned and by the petitioner. The Committee shall not consider any communication from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic remedies. However, this shall not be the rule where the application of the remedies Is unreasonably prolonged. (b) The Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner. 8. The Committee shall include in its annual report a summary of such communications and, where appropriate, a summary of the explanations and statements of the States Parties concerned and of its own suggestions and recommendations. 9. The Committee shall be competent to exercise the functions provided for in this article only when at least ten States Parties to this Convention are bound by declarations in accordance with paragraph I of this article. Article 15 1. Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies. 2. (a) The Committee established under article 8, paragraph 1, of this Convention shall receive copies of the petitions from, and submit expressions of opinion and recommendations on these petitions to, the bodies of the United Nations which deal with matters directly related to the principles and objectives of this Convention in their consideration of petitions from the inhabitants of Trust and Non-Self-Governing Territories and all other territories to which General Assembly resolution 1514 (XV) applies, relating to matters covered by this Convention which are before these bodies. (b) The Committee shall receive from the competent bodies of the United Nations copies of the reports concerning the legislatie, judicial, administrative or other measures directly related to the principles and objectives of this Convention applied by the administering Powers within the Territories mentioned in sub- paragraph (a) of this paragraph, and shall express opinions and make recommendations to these bodies. 3. The Committee shall include in its report to the General Assembly a summary of the petitions and reports it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee relating to the said petitions and reports. 4. The Committee shall request from the Secretary-General of the United Nations all information relevant to the obejctive of this Convention and available to him regarding the Territories mentioned in paragraph 2 (a) of this article. Article 16 The provisions of this Convention concerning the settlement of disputes or complaints shall be applied without prejudice to other procedures for settling disputes or complaints in the field of discrimination laid down in the constituent instruments of, or in conventions adopted by, the United Nations and its specialized agencies, and shall not prevent the States Parties from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them. Part In Article 17 1. This Convention is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to this Convention. 2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 18 1. This Convention shall be open to accession by any State referred to in article 17, paragraph 1. of the Convention. 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary.General of the United Nations. Article 19 1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument of accession. 2. For each State ratifying this Convention or acceding to it after the deposit of the twenty-seventh instrument of ratification or instrument of accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or instrument of accession. Article 20 1. The Secretary-General of the United Nations shall receive and circulate to all States which are or may become Parties to this Convention reservations made by States at the time of ratification or accession. Any State which objects to the reservation shall, within a period of ninety days from the date of the said communication, notify the Secretary-General that it does not accept it. 2. A reservation incompatible with the object and purpose of this Convention shall not be permitted, nor shall a reservation the effect of which would inhibit the operation of any of the bodies established by this Convention be allowed. A reservation shall be considered incompatible or inhibitive if at least two thirds of the States parties to this Convention object to it. 3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General. Such notification shall take effect on the date on which it is received. Article 21 A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. Article 22 Any dispute between two or more States Parties with respect to the interpretation or application of this Convention, which is not settled by negotiation or by the procedures expressly provided for in this Convention, shall, at the request of any of the parties to the dispute, be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement. Article 23 1. A request for the revision of this Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary- General of the United Nations. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.

53 Article 24 The Secretary-General of the United Nations shall inform all States referred to in article 17, paragraph 1, of this convention of the following particulars: (a) Signatures, ratifications and accessions under articles 17 and 18; (bj The date of entry into force of this Convention under article 19; (c) Cojnmunications and declarations received under articles 14,20 and 23; (d) Denunciations under article 21. Article 25 1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States belonging to any of the categories mentioned in article 17, paragraph 1, of the Convention.

ANNEXURE !l! UN General Assembly Resolution and the International Convention on the Suppression and Punishment of the Crime of Apartheid The General Assembly, Recalling resolution 2922 (XXVII) of 15 November 1972, in which it reaffirmed its conviction that apartheid constitutes a total negation of the purposes and principles of the Charter of the United Nations and is a crime against humanity, Recognizing the urgent need to take further effective measures with a view to the suppression and punishment of apartheid, Mindful of the need to conclude, under the auspices of the United Nations, an International Convention on the Suppression and Punishment of the Crime of Apartheid, Convinced that the Convention would be an important step towards the eradication of the policies and practices of apartheid, and that it should be signed and ratified by States at the earliest possible date and its provisions implemented without delay, Considering also that the text of the Convention should be made known throughout the world, 1. Adopts and opens for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid, the text of which is annexed to the present resolution; 2. Appeals to all States to sign and ratify the Convention as soon as possible; 3. Requests all Governments and intergovernmental and non-governmental organizations to acquaint the public as widely as possible with the text of the Convention using all the information media at their disposal; 4. Requests the Secretary-General to ensure the urgent and wide dissemination of the Convention and, for that purpose, to publish and circulate its text; 5. Requests the Economic and Social Council to invite the Commission on Human Rights to undertake the functions set out under article X of the Convention. International Convention on the Suppression and Punishment of the Crime of Apartheid The States Parties to the present Convention, Recalling the provisions of the Charter of the United Nations, in which all Members pledged themselves to take joint and separate action in co-operation with the Organization for the achieve ment of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Considering the Universal Declaration of Human Rights, which states that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, such as race, colour or national origin, Considering the Declaration on the Granting of Independence to Colonial Countries and Peoples, in which the General Assembly stated that the process of liberation is irresistible and irreversible and that, in the interests of human dignity, progress and justice, an end must be put to colonialism and all practices of segregation and discrimination associated therewith,

Observing that, in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination, States particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction, Observing that, in the Convention on the Prevention and Punishment of the Crime of Geno cide, certain acts which may also be qualified as acts ofapartheid constitute a crime under intemational law, Observing that, in the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, "inhuman acts resulting from the policy of apartheid' are qualified as crimes against humanity, Observing that the General Assembly of the United Nations has adopted a number of resolutions in which the policies and practices of apartheid are condemned as a crime against humanity, Observing that the Security Council has emphasized that apartheidand its continued intensification and expansion seriously disturb and threaten international peace and security, Convinced that an International Convention on the Suppression and Punishment of the Crime of Apartheid would make it possible to take more effective measures at the international and national levels with a view to the suppression and punishment of the crime of apartheid. Have agreed as follows: Article I 1. The States Parties to the present Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article [I of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security. 2. The States Parties to the present Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid. Article II For the purpose of the present Convention, the term "the crime of apartheid', which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: (a) Denial to a member or members of a racial group or groups of the right to life and liberty of person: (i) By murder of members of a racial group or groups; (ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment; (iii) By arbitrary arrest and illegal imprisonment of the members of a racial gi'oup or groups; (b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association; (d) Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof; (e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour; (f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid. Article Il International criminal responsibility shall apply, irrespective of the motive involved, to individuals, members of organizations and institutions and representatives of the State, whether residing in the temtory of the State in which the acts are perpetrated or in some other State, whenever they: (a) Commit, participate in, directly incite or conspire in the commission of the acts mentioned in article II of the present Convention; (b) Directly abet, encourage or co-operate in the commission of the crime of apartheid. Article IV The States Parties to the present Convention undertake: (a) To adopt any legislative or other measures necessary to suppress as well as to prevent any encouragement of the crime of apartheid and similar segregationist policies or their manifestations and to punish persons guilty of that crime; (b) To adopt legislative, judicial and administrative measures to prosecute, bring to trial and punish in accordance with their jurisdiction persons responsible for, or accused of, the acts defined in article If of the present Convention, whether or not such persons reside in the territory of the State in which the acts are committed or are nationals of that State or of some other State or are stateless persons. Article V Persons charged with the acts enumerated in article II of the present Convention may be tried by a competent tribunal of any State Party to the Convention which may acquire jurisdiction over the person of the accused or by an international penal tribunal having jurisdiction with respect to those States Parties which shall have accepted its jurisdiction. Article VI The States Parties to the present Convention undertake to accept and carry out in accordance with the Charter of the United Nations the decisions taken by the Security Council aimed at the prey- ention, suppression and punishment of the crime of apartheid, and to co-operate in the implementation of decisions adopted by other competent organs of the United Nations with a view to achieving the purposes of the Convention. Article VII 1. The States Parties to the present Convention undertake to submit periodic reports to the group established under article IX on the legislative, judicial, administrative or other measures that they have adopted and that give effect to the provisions of the Convention. 2. Copies of the reports shall be transmitted through the Secretary-General of the United Nations to the Special Committee on Apartheid. Article VIII Any State Party to the present Convention may call upon any competent organ of the United Nations to take such action under the Charter of the United Nations as it considers appropriate for the prevention and suppression of the crime of apartheid. Article IX 1. The Chairman of the Commission on Human Rights shall appoint a group consisting of three members of the Commission on Human Rights, who are also representatives of States Parties to the present Convention, to consider reports submitted by States Parties in accordance with article VII. 2. If, among the members of the Commission on Human Rights, there are no representatives of States Parties to the present Convention or if there are fewer than three such representatives, the Secretary-General of the United Nations shall, after consulting all States Parties to the Convention, designate a representative of the State Party or representatives of the States Parties which are not members of the Commission on Human Rights to take part in the work of the group established in accordance with paragraph 1 of this article, until such time as representatives of the States Parties to the Convention are elected to the Commission on Human Rights. 3. The group may meet for a period of not more than five days, either before the opening or after the closing of the session of the Commission on Human Rights, to consider the reports submitted in accordance with article VII. Article X 1. The State Parties to the present Convention empower the Commission on Human Rights: (a) To request United Nations organs, when transmitting copies of petitions under article 15 of the International Convention on the Elimination of All Forms of Racial Discrimination, to draw its attention to complaints concerning acts which are enumerated in article II of the present Convention; (b) To prepare, on the basis of reports from competent organs of the United Nations and periodic reports from States Parties to the present Convention, a list of individuals, organizations, institutions and representatives of States which are alleged to be responsible for the crimes enumerated in article 11 of the Convention, as well as those against whom legal proceedings have been undertaken by States Parties to the Convention; (c) To request information from the competent United Nations organs concerning measures taken by the authorities responsible for the administration of Trust and Non-Self-Goveming Territories, and all other Territories to which General Assembiy resolution 1514 (XV) of 14 December 1960 applies, with regard to such individuals alleged to be responsible for crimes under article 11 of the Convention who are believed to be under their territorial and administrative jurisdiction.

2. Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV), the provisions of the present Convention shall in no way limit the right of petition granted to those peoples by other international instruments or by the United Nations and its specialized agencies. Article XI 1. Acts enumerated in article II of the present Convention shall not be considered political crimes for the purpose of extradition. 2. The States Parties to the present Convention undertake in such cases to grant extradition in accordance with their legislation and with the treaties in force. Article XI1 Disputes between States Parties arising out of the interpretation, application or implementation of the present Convention which have not been settled by negotiation shall, at the request of the States Parties to the dispute, be brought before the International Court of Justice, save where the parties to the dispute have agreed on some other form of settlement. Article XIll The present Convention is open for signature by all States. Any State which does not sign the Convention before its entry into force may accede to it. Article XIV 1. The oresent Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Natons. 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary General of the United Nations. Article XV 1. The present Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification or instrument of accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or instrument of accession. Article XVI A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. Article XVI! 1. A request for the revision of this Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary- General of the United Nations. 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such request.

59 Article XVIII The Secretary-General of the United Nations shall informrall States of the following particulars: (a) Signatures, ratifications and accessions under articles XII and XIV; (b) The date of entry into force of the present Convention under article XV; (c) Denunciations under article XVI; (d) Notifications under article XVII. Article XIX 1. The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Convention to all States.

ANNEXURE IV International Declaration against Apartheid in Sports (Text of General Assembly resolution 32/105 M of 14 December 1977) The General Assembly, Recalling its resolution 31/6 F of 9 November 1976 on apartheidin sports, Reaffirming the importance of effective international action to abolish apartheid In sports and in all other fields, Having considered the report of the Ad Hoc Committee on the Drafting of an International Convention against Apartheidin Sports, 1. Adopts and proclaims the International Declaration against Apartheid in Sports, recommended by the Ad Hoc Committee on the Drafting of an International Convention against Apartheid in Sports and annexed to the present resolution; 2. Requests the Ad Hoc Committee to draft an international convention against apartheid in sports for submission to the General Assembly at its thirty- third session; 3. Authorizes the Ad Hoc Committee to consult with representatives of the organizations concerned and experts on apartheid in sports; 4. Decides that summary records should be provided for meetings of the Ad Hoc Committee; 5. Requests Secretary-General to provide all necessary assistance to the Ad Hoc Committee in the discharge of its task. Annex International Declaration against Apartheidin Sports The GeneralAssembly, Recalling the provisions of the Charter of the United Nations, in which Member States pledge to take joint and separate action in co-operation with the Organization for the achievement of universal respect for, and observance ot, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion, Considering the Universal Declaration of Human Rights, which states that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the Declaration without distinction of any kind such as race, colour or national origin, Recalling that, in accordance with the principles of the International Convention on the Elimination of All Forms of Racial Discrimination, States undertake not to sponsor, defend or support racial discrimination, Recalling further that the International Convention on the Suppression and Punishment of the Crime of Apartheid declares that apartheid is a crime violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security. Recalling that the General Assembly has adopted a number of resolutions in which the policies and practices of apartheid, including the application of apartheid in the field of sport, and collaboration with the racist regime in all areas, are condemned,

Reaffirming the legitimacy of the struggle of the people of Souch Africa for the total elimination of apartheid and racial discrimination, Recognizing that the eradication of aparthied and rendering of assistance to the South African people to establish a non-racial society is one of the primary concerns of the international community, Convinced that more effective measures must be taken asa matter of priority, during the International Anti-AparthiedYear and the Decade to Combat Racism and Racial Discrimination, to eliminate aparthiedin all its manifestations, Reaffirming its unqualified support for the Olympic principle that no discrimination be allowed on the grounds of race, religion or political affiliation and its belief that merit should be the sole criterion for participation in sports activities, Considering that international representative sporting contacts based on the Olympic principle can play a positive role in promoting peace and the development of friendly relations among nations of the world, Recognizing that there can be neither adherence to the principle of merit selection nor fully integrated non-racial sport in any country practising apartheid until the apartheid system itself is eradicated, Condemning the enforcement, by the racist regime of South Africa, of racial discrimination and segregation in sports, Commending the sportsmen inside South Africa who are struggling against aparthe.J and upholding the principle of non-racialism in sport, Condemning the repressive measures taken by the racist apartheidregime against the non-racial sports bodies and their leaders in South Africa, Rejecting the policy of so-calld "multinational" sport, enunciated by the South African racist regime, as no more than a device for perpetuating apartheid in sports and an attempt by the regime to mislead international public opinion in order to gain acceptance for participation in international sport, Recognizing the importance in the international campaign against apartheid of the boycott of South African sports teams selected on the basis of apartheid, Convinced that'sn effective campaign for the total boycott of South African sports teams can be an important measure in demonstrating the abhorrence of apartheid by Governments and peoples, Commending all Governments, sportsme , sports bodies and other organization which have taken action against apartheid in sports, Nothing with concern that some national and international sports bodies have continued contacts with racist apartheid sports bodies in violation of the Olympic principle and resolutions of the United Nations, Recognizing that participation in sports exchanges with teams selected on the basis of apartheid violates the fundamental human rights of the great majority of the people of South Africa and directly abets and encourages the commission of the crime of apartheid, as defined in the International Convention on the Suppression and Punishment of the Crime of Apartheid, and encourages the racist regime in its pursuit of apartheid, Condemning sports contacts with any country practising apartheid and recognizing that participation in apartheidin sports condones and strengthens apartheid and thereby becomes the ligitimate concern of all Governmgnt,

Convincedthat an international declaration against apartheidin sports would make it possible to take more effective measures at the international and national levels with a view to completely isolating and eliminating apartheid, Proclaims this International Declaration against Apartheid in Sports: Article 1 States affirm and support tthis Declaration as an expression of international condemnation of apartheid and as a measure to contribute towards the total eradication of the system of apartheid, and to this end resolve to take strong action and to exert the greatest possible influence in order to ensure the total elimination of apartheid in sports. Article 2 States shall take all appropriate action to bring about the total cessation of sporting contacts with any country practising apartheid and shall refrain from official sponsorship, assistance or encouragement of such contacts. Article 3 States shall take all appropriate action towards the exclusion or expulsion of any country practising apartheid from international and regional sports bodies. They shall give full support to national sports bodies attempting to exclude such countries from membership of international and regional sports associations or to prevent such countries from participation in sports activities. Article 4 1. State shall publicly declare and express total opposition to apartheid in sports as well as full and active support for the total boycott of all teams and sportsmen from the racist apartheid sports bodies. 2. State shall pursue a vigorous programme of public education aimed at securing strict adherence to the Olympic principle of non-discrimination in sports and widespread national acceptance of the spirit and letter of United Nations resolutions on apartheid in sports. 3. Sport bodies shall be actively encouraged to withhold any support from sporting events organized in violation of the Olympic principle and United Nations resolutions. To this end States shall convey the United Nations resolutions on apartheid in sports to all national sports bodies, urging them: (a) To disseminate such information to all their affiliates and branches; (b) To take all necessary action to ensure strict compliance with those resolutions. Article 5 States shall take appropriate actions against their sporting teams and organizations whose members collectively or individually participate in sports activities in any country practising apartheid or with teams from a country practising apartheid, which in particular shall include: (a) Refusal to provide financial or other assistance to enable sports bodies, teams or individuals to participate in sports activities in countries practising apartheid or with teams and individual sportsmen selected on the basis of apartheid, (b) Refusal to provide financial or otherassistance for any purpose to sports bodies whose team members or affiliates participate in such sporting activities; (c) Withdrawal of access to national sporting facilities to such teams or individuals;

63 (d) Non-recognition by States of all professional sporting contracts which involve sporting activities in any country practising apartheid, or with teams or individual sportsmen selected on the basis of apartheid (e) Denial and withdrawal of national honours or awards to such teams or individuals; (1) Denial of official receptions to teams or sportsmen participating in sports activities with teams or individual sportsmen from any country practising apartheid. Article 6 States shall deny visas and/or entry to representatives of sports bodies, members of teams or individual sportsmen from any country practising apartheid. Article 7 States shall establish national regulations and guidelines against participation with apartheid in sports and shall ensure that effective means exist for bringing about compliance with such guidelines. Article 8 States shall co-operate with anti-apartheid movements and other organizations which are engaged in promoting the implementation of the principles of this Declaration. Article 9 States undertake to encourage actively and publicly all official bodies, private enterprises and other groups engaged in promoting, organizing or servicing sports activities to refrain from undertaking any action which in any way supports, assists or enables the organization of activities involving apartheid in sports. Article 10 States shall urge all their regional, provincial and other authorities to take whatever steps are necessary to ensure the strict compliance with the provisions of this Declaration. Article 11 States agree to use their best endeavours to terminate the practice of apartheid in sports, in accordance with the principles contained in this Declaration and, to this end, States agree to work towards the prompt preparation and adoption of an international convention against apartheid in sports based on the principles contained in this Declaration which would include sanctions for violation of its terms. Article 12 1. States and international, regional and national sports bodies shall actively support projects, undertaken in collaborationwith the Organization of African Unity and the South African liberation movements recognized by it, towards the formation of non-racial teams truly representative of South Africa. 2. To this end, States and all appropriate organizations shall encourage, assist and recognize genuine non-racial sports bodies in South Africa endorsed by the Special Committee against Apartheid, the Organizaion of African Unity and the South Africa liberation movements recognized by it. 3. States shall also give active support to sportsmen and sports administrators in their opposition to apartheid in sports.

64 Article 13 International, regional and national sports bodies shall uphold the Olympic principle and cease all sports contact with the racist apartheidsports bodies. Article 14 International sports bodies shall not impose financial or other penalties on affiliated bodies which, in accordance with United Nations resolutions and the spirit of the Olympic Charter, refuse to participate in spors contact with any country practising apartheid. Article 15 National sports bodies shall take appropriate action to persuade their international federation to exclude racist apartheid sports bodies from membership and from all international activities. Article 16 All national Olympic committees shall declare their opposition to apartheid in sports and to sports contact with South Africa, and shall actively encourage all affiliates and constituent members to end all sports contact with South Africa. Aricle 17 The provisions of this Declaration concerning the boycott of South African sports teams shall not apply to non-racial sports bodies endorsed by the Special Committee against Apartheid, the Organization of African Unity and the South African liberation movements recognized by it and their members. Article 18 All international, regional and national sports bodies and Olympic committees shall endorse the principles of this Declaration and support and uphold all provisions contained therein.

ANNEXURE V International Convention against Apartheid in Sports (Text of General Assembly resolution 40/64 G of 10 December 1985) The General Assembly, Recalling its resolution 32/105 M of 14 December 1977, by which it adopted the international Declaration against apartheid in Sports, Recalling also its resolution 39/72 D of 13 December 1984, by which it requested the Ad Hoc Committee on the Drafting of an International Convention against Apartheid in Sports to continue its work with a view to submitting the draft Convention to the General Assembly at its fortieth session. Recalling further that the International Convention on the Suppression and Punishment of the Crime of Apartheid declares that apartheid is a crime violating principles of international law, in particular the purposes and principles of the Charter of the United Nations, Mindful of the special responsibility of the United Nations to eliminate apartheid and racial discnmination in sports and in society, Convinced that apartheid still dominates sports and the society as a whole in South Africa and that all so-caled reforms have not led to any meaningful change in sports and the society in that country, Reaffirming its unqualified support for the Olympic principle that no discrimination be allowed on the grounds of race, religion or political affiliation and its belief that merit should be the sole criterion in sport activities, Reaffirming the necessity to ensure an international concerted action to isolate the racist regime of South Africa from the field of international sports as well as all other fields, Commending the efforts of the Special Committee against Apartheidto ensure the total isolation of apartheid in sports and, in particular, the publication of the Register of Sports Contacts with South Africa, and urging Member States, pending the entry into force of the Convention, to co-operate with the Special Committee on matters relating to the isolation of apartheid in sports, Commending All sports bodies, teams and individual sportsmen that have declared their determination not to engage in sports contracts with South Africa until the evil system of apartheid is abolished, Convinced that the Convention would be an important instrument towards the isolation of the racist regime of South Africa and the elimination of apartheid in sports and that it should be signed and ratified by States at the earliest possible date and its provisions implemented without delay, Considering that the text of the Convention should be made known throughout the world, 1. Adopts and opens for signature and ratification the International Convention against Apartheid in Sports, the text of which is annexed to the present resolution; 2. Appeals to all States to sign and ratify the Convention as wxwi as possible; 3. Requests all Governments and intergovernmental and non-governmental organizations to acquaint the public as widely as possible with the text of the Convention, using all the information media at their disposal; 4. Requests the Secretary-General toensure the urgent and wide dissemination of the Convention and, for that purpose, to publish and circulate its text; 5. Commends the efforts of the Special Committee against Apartheid and requests it to continue to publish the Register of Sports Contracts with South Africa until the establishment of the Commission against Apartheidin Sports.

Annex International Convention against Apartheidin Sports The States Parties to the present Convention, Recalling the provisions of the Charter of the United Nations, in which all Members pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as'to race, sex, language or religion, Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the Declaration without distinction of any kind, particularly in regard to race, colour or national origin, Observing that, in accordance with the International Convention on the Elimination of All Forms of Racial Discriminaion, States Parties to that Convention particularly condemn racial segregation and apartheidand undertake to prevent, prohibit and eradicate all practices of this nature in all fields, Observing that the General Assembly of the United Nations has adopted a number of resolutions condemning the practice of apartheid in sports and has affirmed its unqualified support for the Olympic principle that no discrimination be allowed on the grounds of race, religion o- political affiliation and that merit should be the sole criterion for participation in sports activities, Considering that the International Declaration against Apartheid in Sports, which was adopted by the General Assembly on 14 December 1977, solemnly affirms the necessity for the speedy elimination of apartheid in sports, Recalling the provisions of the International Convention on the Suppression and Punishment of the Crime of Apartheid and recognizing, in particular, that participation in sports exchanges with teams selected on the basis of apartheiddirectly abets and encourages the commission of the crime of apartheid, as defined in that Convention, Resolved to adopt all necessary measures to eradicate the practice of apartheid in sports and to promote international sports contacts based on the Olympic principle, Recognizing that sports contact with any country practising apartheid in sports condones and strengthens apartheid in violation of the Olympic principle and thereby becomes the legfimate concem of all Governments, Desiring to implement the principles embodied in the International Declaration against Apartheidin Sports and to secure the earliest adoption of practical measures to that end, Convinced that the adoption of an International Convention against Apartheid in Sports would reult in more effective measures at the international and national levels, with a view to eliminating apartheid in sports, Have agreed as follows: Article 1 For the purposes of the present Convention: (a) The expression "apartheid" shall mean a system of institutionalized racial segregation and discrimination for the purpose of establishing and maintaining domination by one racial group of persons over another racial group of persons aind systematically oppressing them, such as that pursued by South Africa, and "apartheid in sports "shall mean the application of the policies and practices of such a system in sports activities, whether organized on a professional or an amateur basis;

67 (b) The expression "national sports facilities" shall mean any sports facility operated within the framework of a sports programme conducted under the auspices of a national government; (c) The expression "Olympic principle" shall mean the principle that no discrimination be allowed on the grounds of race, religion or political affiliation; (d) The expression "sports contracts" shall mean any contract concluded for the organization, promotion, performance or derivative rights, including servicing, of any sports activity; (e) The expression "sports bodies" shall mean any organization constituted to organize sports activities at the national level, including national Olympic committees, national sports federations or national governing sports committees; () The expression "team" shall mean a group of sportsmen organized for the purpose of participating in sports activities in competition with other such organized groups; (g) The expression "sportsmen" shall mean men and women who participate in sports activities on-an individual or team basis, as well as managers, coaches, trainers and other officials whose functions are essential for the operation of 'i team. Article 2 States Parties strongly condemn apartheid and undertake to pursue immediately by all appropriate means the policy of eliminating the practice of apartheid in all its forms from sports. Article 3 States Parties shall not permit sports contact with a country practising apartheid and shall take appropriate action to ensure that their sports bodies, teams, and individual sportsmen do not have such contact. Article 4 States Parties shall take all possible measures to prevent sports contact with a country practising apartheid and shall ensure that effective means exist for bringing about compliance with such measures. Article 5 States Parties shall refuse to provide financial or other assistance to enable their sports bodies, teams and individual sportsmen to participate in sports activities in a country practising apartheid or with teams or individual sportsmen selected on the basis of apartheid. Article 6 Each State Party shall take appropriate action against its sports bodies, teams and individual sportsmen that participate in sports activities in a country practising apartheidor with teams representing a country practising apartheid, which in particular shall include: (a) Refusal to provide financial or other assistance for any purpose to such sports bodies, teams and individual sportsmen; (b) Restriction of access to national sports facilities by such sports bodies, teams and individual sportsmen; (c) Non-enforceability of all sports contracts which involve sports activities in a country practising apartheid or with teams or individual sportsmen selected on the basis of apartheid;

68 (d) Denial and withdrawal of national honours or awards in sports to such teams and individual sportsmen; (e) Denial of official receptions in honour of such teams or sportsmen. Article 7 States Parties shall deny visas and/or entry to representatives of sports bodies, teams and individual sportsmen representing a country practising apartheid. Article 8 States Parties shall take all appropriate action to secure the expulsion of a country practising apartheid from international and regional sports bodies. Article 9 States Parties shall take all appropriate measures to prevent international sports bodies from imposing financial or other penalties on affiliated bodies which, in accordance with United Nations resolutions, the provisions of the present Convention and the spirit of the Olympic principle, refuse to participate in sports with a country practising apartheid. Article 10 1. States Parties shall use their best endeavours to ensure universal compliance with the Olympic principle of non-discrimination and the provisions of the present Convention. 2. Towards this end, States Parties shall prohibit entry into their countries of members of teams and individual sportsmen participating or who have participated in sports competitions in South Africa and shall prohibit entry into their countries of representatives of sports bodies, members of teams and individual sportsmen who invite on their own initiative sports bodies, teams and sportsmen officially representing a country practising apartheid and participating under its flag. States Parties may also prohibit entry of representatives of sports bodies, members of teams or individual sportsmen who maintain sports contacts with sports bodies, teams or sportsmen representing a country practising apartheid and participating under its flag. Prohibition of entry should not violate the regulations of the relevant sports federations which support the elimination of apartheid in sports and shall apply only to participation in sports activities. 3. States Parties shall advise their national representatives to international sports federations to take all possible and practical steps to prevent the participation of the sports bodies, teams and sportsmen referred to in paragraph 2 above in international sports competitions and shall, through their representatives in international sports organizations, take every possible measure: (a) To ensure the expulsion of South Africa from all federations in which it still holds member ship as well as to deny South Africa reinstatement to membership in any federation from which it has been expelled; (b) In case of national federations condoning sports exchanges with a country practising apar theid, to impose sanctions against such national federations including, if necessary, expulsion from the relevant international sports organization and exclusion of their representatives from participation in international sports competitions. 4. In cases of flagrant violations of the provisions of the present Convention, States Parties shall take appropriate action as they deem fit, Including, where necessary, steps aimed at the exclusion of the responsible national sports governing bodies, national sports federations or sportsmen of the countries concerned from international sports competition.

69 5. The provisions of the present article relating specifically to South Africa shall cease to apply when the system of apartheid is abolished in that country. Article 11 1. There shall be established a Commission against Apartheid in Sports (hereinafter referred to as "The Commission") consisting of fifteen members of high moral character and committed to the struggle agairlst apartheid, particular attention being paid to participation of persons having experience in sports administration, elected by the States Parties from among their nationals, having regard to the most equitable geographical distribution and the representation of the principal legal systems. 2. The members of the Commission shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one person from among its own nationals. 3. The initial election shall be held six months after the date of the entry into force of the present Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties. 4. Elections of the members of the Commission shall be held at a meeting of States Parties con vened by the Secretary-General at United Nations Headquarters. At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Commission shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting. 5. The members of the Commission shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the Commission. 6. For the filling of casual vacancies, the State Party whose national has ceased to function as a member of the Commission shall appoint another person from among its nationals, subject to the approval of the Commission. 7. States Parties shall be responsible for the expenses of the members of the Commission while they are in performance of Commission duties. Article 12 1, States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Commission, a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention within one year of its entry into force and thereafter every two years. The Commission may request further information from the States Parties. 2. The Commission shall report annually through the Secretary-General to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties. Such suggestions and recommendations shall be reported to the General Assembly together with comments, if any, from States Parties concerned.

3. The Commission shall examine, in particular, the implementation of the provisions of article 10 of the present Convention and make recommendations on action to be undertaken. 4. A meeting of States Parties shall be convened by the Secretary-General at the request of a majority of the States Parties to consider further action with respect to the implementation of the provisions of article 10 of the present Convention. In cases of flagrant violation of the provisions of the present Convention, a meeting of States Parties shall be convened by the Secretary-General at the request of the Commission. Article 13 1. Any State Party may at any time declare that it recognizes the competence of the Commission to receive and examine complaints concerning breaches of the provisions of the present Con vention submitted by States Parties which have also made such a declaration. The Commission may decide on the appropriate measures to be taken in respect of breaches. 2. States Parties against which a complaint has been made, in accordance with paragraph I of the present article, shall be entitled to be represented and take part in the proceedings of the Commission. Article 14 1. The Commission shall meet at least once a year. 2. The Commission shall adopt its own rules of procedure. 3. The secretariat of the Commission shall be provided by the Secretary-General of the United Nations. 4. The meetings of the Commission shall normally be held at United Nations Headquarters. 5. The Secretary-General shall convene the initial meeting of the Commission. Artice 15 The Secretary-General of the United Nations shall be the depositary of the present Convention. Artcle 16 1. The present Convention shall be open for signature at United Nations Headquarters by all States until its entry into force. 2. The present Convention shall be subject to ratification, acceptance or approval by the signatory States. Artcle 17 The present Convention shall be open for accession by all States. Article 18 1. The present Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification, acceptance, approval or accession. 2. For each State ratifying, accepting, approving or acceding to the present Convention after its entry into force, the Convention shall enter into force on the thirtieth day after the date of deposit of the relevant instrument.

Article 19 Any dispute between States Parties arising out of the interpretation, application or implementation of the present Convention which is not settled by negotiation shall be brought before the Intemational Court of Justice at the request and with the mutual consent of the States Parties to the dispute, save where the Parties to the dispute have agreed on some other form of settlement. Article 20 1. Any State Party may propose an amendment or revision to the present Convention and file it with the depositary. The Secretary-General of the United Nations shall thereupon communicate the proposed amendment or revision to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering the voting upon the proposal. In the event that at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conferencce under the auspices of the United Nations. Any amendment or revision adopted by the majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments or revisions shall come into force when they have been approved by the General Assembly and accepted by a two-thirds majority of the States Parties, in accordance with their respective constitutional processes. 3. When amendments or revisions come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Convention and any earlier amendment or revision which they have accepted. Article 21 A State Party may withdraw from the present Convention by written notification to the depositary. Such withdrawal shall take effect one year after the date of receipt of the notification by the depositary. Article 22 The present Convention has been concluded in Arabic, Chinese, English, French, Ruislan and Spanish, all texts being equally authentic.

ANNEXURE VI UN General Assembly Resolution on the Policies of Apartheid of the Government of South Africa A. Situation in South Africa The General Assembly, Recalling and reaffirming its resolutions on this question, particularly resolution 36/172 of 17 December, 1981. Having Consideredthe reports of the Special Committee against Apartheid, Reaffirming that aparlheid is a crime against humanity and a threat to international peace and security, Bearing in mind that it proclaimed 1982 International year of Mobilization for Sanctions against South Africa. Conscious of the responsibility of the United Nations and the international community towards the oppressed people of South Africa and their national liberation movement, as proclaimed, in particular, in General Assembly resolution 3411 C (XXX) of 28 November, 1975, Convinced that it is incumbent on the international community to provide all necessary assistance to the oppressed people of South Africa and their national liberation movement in their legiti mate struggle for the establishment of a democratic society pursuant to their inalienable rights, in conformity with the principles contained in the Charter of the United Nations and the Universal Declaration of Human Rights, Commending the oppressed people of South Africa and their liberation movements, particularly the African National Congress, for intensifying the armed struggle against the racist rdgime, Reffirming that the apartheid regime is totally responsible for precipitating violent conflict through its policy of apartheid and inhuman repression, Gravely Concemed at the intensification of repression in South Africa, the growing number of deaths in detention and the imposition of death sentences on freedom fighters of the African National Congress, Reaffirming that freedom fighters of South Africa should be treated as prisoners of war in accordance with Additional Protocol I to the Geneva Conventions of 12 August, 1949. Commending the courageous struggle of the black workers of South Africa for their inalienable rights, Condemning the policy of "bantustanization" designed to dispossess further the African majority of its inalienable rights and to deprive it of citizenship, as well as the continuing forced removals of black people, as an international crime, Gravely concerned at the growing number of displaced and missing persons resulting from the criminal policies of the racist regime of South Africa, Reaffirming that apartheia cdnnGt be reformed but must be totally eliminated. Denouncingthe manoeuvres of the facist regime of South Africa to divide the oppressed people through so-called constitutional dispensations and other means, and commending the oppressed people of South Africa for rejecting those manoeuvers, Recognizingthat comprehensive and mandatory sanctions by the Security Council under Chapter VII of the Charter of the United Nations are essential to avert the grave threat to international peace and security resulting from the policies and actions of the apartheid regime of South Africa,

Considering that political, economic, military and any other collaboration with the apartheid regime of South Africa encourages its persistent intransigence and defiance of the international community and its escalating acts of repression --id aggression, Recognizing that the policies and actions of the apartheidregime, the strengthening of its military forces and its escalating acts of aggression, subversion and terrorism against independent African States have resulted in frequent breaches of the peace and constitute a grave threat to international peace and security. Deploringthe attiude of those Western permanent members of the Security Council that have so far prevented the Council from adopting comprehensive sanctions against that rdgime under Chapter VII of the Charter, Condemming all military, nuclear and other collaboration by certain Western States and Israel with South Africa, Gravely conscerned at the pronouncements, policies and actions of the Government of the United States of America which have provided comfort and encouragement to the racist regime of South Africa, Concerned that some Western States and Israel continue military and nuclear co- operation with South Africa, in gross violation of the provisions of Security Council resolution 418 (1977), of 4 November 1977, and have failed to prevent corporations, institutions and individuals within their jurisdiction from carrying out such co-operation, Gravely concemedthat the racist regime of South Africa has continued to obtain military equipment and ammunition, as well as technology and know-how, to develop its armaments industry and to acquire nuclear-weapon capability, Recogrizing that any nuclear-weapon capability of the racist regime of South Africa constitutes a threat to international peace and security and a grave menace to Africa and the world, Commending all States that have provided assistance to Angola and other front- line States in accordance with the relevant resolutions of the United Nations, Condemning any encouragement to the apartheid regime in its acts of aggression, direct or indirec, as hostile to the interests of peace and freedom. Strongly condemning the activities of those transnational corporations that continue to collaborate with the apartheid regime, especially in the military, nuclear, petroleum and other fields, and of those financial institutions that have continued to provde, loans and credits to South Afica, Emphasizing the conclusion of the Paris Declaration on Sanctions against South Africa that the continuing political, economic and military collaboration of certain Western States and their transnational corporations with the racist regime of South Africa encourages its persistent intransigence and defiance of the international community and constitutes a major obstacle to the elimination of the inhuman and criminal system of apartheid in South Africa and the attainment of self-determination, freedom and national independence by the people of Namibia, Recalling and reaffirming the Declaration on South Africa contained in its resolution 34/93 0 of 12 December 1979, Commending the efforts of trade unions, religious institutions, student organizations and antiapartheid movements in their campaigns against transnational corporations and financial institutions collaborating with the racist regime of South Africa. 1. Strongly condemns the apartheid of South Africa for its brutal repression and indiscriminate torture and killings of workers, schoolchildren and other opponents of apartheid, and the imposition of death sentences on freedom fighters; 2. Vehemently condemns the apartheid regime for its repeated acts of aggression, subversion and terrorism against independent African States, designed to destabilize the whole of southern African. 3. Reiterates its firm conviction that the apartheid regime has been encouraged to undertake thses criminal acts by the protection afforded by major Western Powers against international sanctions; 4. Condemns the policies of certain Western States, especially the United States of America, and of Israel, and of their transnational corporations and financial institutions that have increased political, economic and military collaboration with the racist regime of South Africa despite repeated appeals by the General Assembly; 5. Reaffirms its conviction that comprehensive and mandatory senctions imposed by the Security Council under Chapter Vllof the Charter of the United Nations, universally applied, are the most appropriate and effective means by which the international community can assist the legitimate struggle of the oppressed people of South Africa and discharges its responsibilities for the maintenance of international peace and security, 6. Again urges the Security Council to determine that the situation in South Africa and in southern Africa as a whole, resulting from the policies and actions of the apartheid regime of South Africa, constitutes a grave and growing threat to international peace and security, and to impose compre;hensive and mandatory sanctions against the regime under Chapter VII of the Charter; 7. Demands the immediate and unconditional withdrawal of all troops of the apartheid regime of South Africa from Angola and demands that South Africa respect fully the independence, sovereignty and territorial intergrity of Angola and other independent African States; 8. Further demands that the racist regime of South Africa pay full compensation to Angola and other independent African States for the damage to life and property caused by its acts of aggression; 9. Urges all States that have not yet done so to adopt separate and collective measures for comprehensive sanctions against South Africa, pending action by the Security Council; 10. Calls upon the Government of the United Kingdom of Great Britain and Northern Ireland to take the necessary measures to stop the supply of oil from Brunei to South Africa; 11. Requests all intergovernmental organizations to exclude the racist regime of South Africa and to terminate all co-operation with it; 12. Expresses serious concern over the continued granting of credits by the International Monetary Fund to the racist regime of South Africa and requests it to terminate such credits forthwith; 13. Requests the International Atomic Energy Agency to refrain from extending to South Africa any facilities which may assist it in its nuclear plans and, in particular, to exclude South Africa from all its technical working groups; 14. Again calls upon all States and organizations to refrain from any recognition of or co-operation with the so-called "independent" bantustans; 15. Appeals to all States that have not yet done so to accede to the International Convention on the Suppression and Punishment of the Crime of Apartheid; 16. Reaffirms the legitimacy of the struggle of the oppresses people of South Africa and their national liberation movement by all available means, including armed struggle, for the seizure of power by the people, the elimination of the apartheidregime and the exercise of the right of selfdetermination by the people of South Africa as a whole; 17. Demands that the apartheid regime treat captured freedom fighters as prisoners of war under the Geneva Conventions of 12 August, 1949 and Additional Protocol I thereto;

75 18. Again proclaims its full support of the national liberation movement of South Africa as the authentic representiative of the people of South Africa in their just struggle for liberation; 19. Appeals to all States to provide all necessary humanitarian, educational, financial and other necessary assistance to the oppressed people of South Africa and their national liberation movement in their legitimate struggle; 20. Urges the United Nations Development Programme and other agencies of the United Nations system to expand their assistance to the oppressed people of South Africa and to the South African liberation movements recognized by the Organization of African Unity, namely, the African Natioal Congress and the Pan Africanist Congress of Azania, in consultation with the Special Committee against Apartheid. 21. Decides to continue the authorization of adequate financial provision in the budget of the United Nations to enable those liberation movements to maintain offices in New York in order to participate effectively in the deliberations of the Special Committee and other appropriate bodies; 22. Invites all Governments and organizations to assist, in consultation with the national liberation movements of South Africa and Namibia- persons compelled to leave South Africa because of their objection, on the ground of conscience, to serving in the military or police forces of the apartheid rkgime: 23. Reaffrms the commitment of the United Nations to the total eradication of apartheidand the establishment of a democratic society in which all the people of South Africa as a whole, irrespective of race, colour, sex or creed, will enjoy equal and full human rights and fundamental freedoms and participate freely in the determination of their destiny. 97th plenary meeting 9December, 1982 B. Concerted Intermational Action for the Elimination of Apartheid The GeneralAssembly, Meetlngthrty years after it began consideration of the item entitled "Question of race conflict in South Africa resulting from the policies of apartheidof the Government of the Republic of South Arica , Gravely concerned gver the situation in South Africa, in particular the efforts of the racist regime of South Africa to perpetuate apartheid, its deportations of. African people, its deprivation of the African people of their inalienable rights through the establishment of so-called "independent" bantustans and its ruthless repression against all 6pponents of the criminal policy of apartheid; Consideringthat the policies and actions of the racist regime of South Africa, in particularits acts of aggression, terrorism and destabilization against independentfAfrican States, consitute a grave threat to international peace and security, Recognizing that the racist regime of South Africa, in its persistent defiance of the United Nations, is responsible for the growing threat to the peace in southern Africa and for the repeted breaches of the peace, Considering that the military build-up and nuclear plans of the racist regime of South Africa constitute a serious menace to international peace and security, Recognizing furtherthat the total elimination of apartheid and the establishment of a democratic State in South Africa are essential for peace, security and stability in the region, Recallingthe long struggle of the African and other people of South Africa for the elimination of racial discrimination and the establishment of a society in which ali the people of the country as a whole - irrespective of race, colour or creed - will enjoy human rights and fundamental freedoms on the basis of equality, Reaffinning its recognition of the contribution of that struggle to the purposes of the United Nations, Paying tribute to all those who have sacrificed their lives in the struggle for freedom and human dignity in South Africa, Expressing its solidarity with all those imprisoned, restricted or otherwise persecuted for participation in that legitimate struggle, Anxious that all States should co-operate in effective international action to achieve the purposes indicated in unanimous declarations and resolutions of the General Assembly and the Security Council, in particular the elimination of apartheid an end to repression in South Africa and an end to all violations of the sovereignty and territorial integrity of independent African States, Mindful of the responsibility of the United Nations and the international community to secure peace in southern Africa and to promote freedom and equality, 1. Appeals to all states and organizations to co-operate fully in effective international action to eliminate apartheidin South Africa, to promote the establishment of a democratic society in which all the people of that countiy will enjoy human and political rights and to secure peace in the region; 2. Renews its appealto the States and organizations to deny any assistance, direct or indirect to the racist regime of South Africa and provide all necessary assistance to the oppressed people of South Africa and their national liberation movements in this crucial period; 3. Appeals to the Western permanent members of the Security Council to co- operate in and facilitate effective action by the Council under Chapter VII of the Charter of the United Nations; 4. Endorses the campaign for the release of Nelson Mandela and all other South African polical prisoners as an indispensable prerequisite for a peaceful and just solution in South Africa; 5. Encourages action by trade union organizations all over the world in solidarity with the oppressed workers of South Africa; 6. Appeals to writers, artists, sportsmen and others to participate actively in the international campaign against apartheid in co-operation with the United Nations; 7. Commends the front-line States and other States neighbouring South Africa for their sacrifices in support of freedom in South Africa; 8. Appeals to all States and organizations to lend all necessary moral and material assistance to those States; 9. Warns the racist regime of South Africa against any acts of aggression, terrorism and destabilization against independent African States, and any support to mercenaries; 10, Requests the Special Committee against apartheidto continue: (a) To publicize all acts of aggression, terrorism and destablization by the racist regime of South Africa against independent African States; (b) To promote assistance to the front-line States; 11 Invites the Security Council urgently to give thorough consideration to the ever-growing threat to the peace in southern Africa and to take effective measures under the charter. 97th plenary meeting 9 December1982

77 C. Comprehensive and Mandatory Sanctions Against South Africa The General Assemoy, Recalling its resolution 36/172B of 17 December 191, the Paris Declaration on Sanctions against South Africa and the programme for the International Year of Mobilization for Sanctions against South Africa, Having considered the report of the Special Committee against Apartheid, Consideringthat the policies and actions of the racist regime of South Africa, its military build-up and its nuclear plans constitute a grave threat to international peace and security, Reaffirming its conviction that comprehensive and mandatory sanctions imposed by the Security Council under Chapter VII of the Charter of the United Nations, universally applied, are the most appropriate and effective means by which the international community can assist the legitimate struggle of the opressed people of South Africa and discharge its responsibilities for the maintenance of international peace and security, Recognizing the urgent need for the termination of military, nuclear, economic and technological collaboration with the racist regime of South Africa, as well as the cessation of sports, cultural and other relations with South Africa, Deploring the attitude of those Western permanent members of the Security Council that have so far prevented the Council from adopting comprehensive sanctions against South Africa under Chapter VII of the Charter, Deploring also the attitude of those States, in particular the United States of America and Israel, that have continued and increased their political, economic and other collaboration with South Africa, Gravely concerned over the activities of those transnational corporations that continue to collaborate with the apmrtheid regime, especially in the petroleum and other fields, and of those financial instiutions thothave continued to provide loans and credits to South Africa, and over the failure of the States concerned to take effective action to prevent such collaboration, Expressing serious concern over the greatly increased investments in and loans to South Airica frgm the United Kingdom of Great Britain and Northern Ireland, the United States of America, the Federal Republic of Germany and Switzerland, Commending alt States that have taken effective measures, in accordance with relevant resolutions, for the elimination of apartheid in South Africa, Expressing great appreciation to intergovermmental and non-governmental organizations, in pai icular anti-apartheid and solidarity movements, trade unions and religious bodies, as well as city and other local authorities, that have taken action to isolate the racist regime of South Africa and to promote support for comprehensive sanctions against that regime, Commending the decision taken by the Universal Postal Union at its eighteenth Congress, held at Rio de Janeiro from 12 September (o 26October 1979, to expel South Africa from the Union, Having learned of the current moves to reverse the foregoing decision taken at - the eighteenth Congress of the Universal Postal Union, Recognizing the important role of the mass media in promoting isolation of the racist regime of South Africa and comprehensive sanctions against South Africa, Commending the Special Committee against Apartheid for its activities, with the assistance of the Centre against Apartheid of the Secretariat and the co-operation of Governments and organizations, in promoting the widest possible support for sanctions against South Africa, 1. Requests all Governments and organizations to continue activities in implementation of the programme for the International Year of Mobilization for Sanctions aga-'nst South Africa beyond 1982: 2. Requests all States, especially Western States concerned and Israel, to cease all collaboration with the racist regime of South Africa and to implement the relevant resolutions of the United Nations; 3. Requests all States concerned to take action against corporations and other interests that violate the mandatory arms embargo against South Africa or that are involved in the illicit supply to South Africa of oil from States that have imposed an embargo against South Africa; 4. Again requests the Security Council to considerr action under Chapter VII of the Charter of the United Nations towards comprehensive and mandatory sanctions against South Africa and, in particular, to take measures: (a) To monitor effectively and to reinforce the mandatory arms embargo against South Africa; (b) To prohibit all co-operation with South Africa in the military and nuclear fields; (c) To prohibit imports of any military equipment or components from South Africa; (d) To prevent any co-operation or association with South Africa by any military alliances; (e) To impose an effective embargo on the supply of oil and oil products to South Africa; (f) To prohibit financial loans to and new Investments in South Africa, as well as all promotion of trade with South Africa; 5. Requests andauthorizesthe Special Committee against Apartheidto intensify its activities for the total isolation of the racist regime of South Africa and for promoting comprehensive and mandatory sanctions against South Africa; 6. Urges all States members of the Universal Postal Union to resist the strong campaign being launched for the purpose of reinstating South Africa's membership in the Union; 7. IMtes all Governments, parliaments, non-govemmental organizations, anti- apartheid and solidarity movements, trade unions, religious bodies and other groups to intensify and concert efforts to promote comprehensive sanctions against South Africa in co-operation with the Special Committee against Apartheid. 97th plenary meeting 9 December 1982 D. Military and Nuclear Collaboration with South Africa The General Assembly, Reaffirming its resolutions on military and nuclear collaboration with South Africa, in particular its r~solution 36/172 E of 17 December 1981, Recalling its resolutions concerning the denuclearization of the continent of Africa, Recalling also Security Council resolutions 418 (1977) of 4 November 1977, 421 (1977) of 9 December 1977 and 473 (1980) of 13 June 1980, Having considered the reports of the Special Committee against Apartheidand of the International Conference on Sanctions against South Africa, held in Paris from 20 to 27 May 1981, Gravely concernedthat the racist regime of South Africa has continued to obtain military equipment and ammunition, as v -II as technology and know-how, to develop its armaments industry and to acquire nuclear-weapon capability, Recognizing that any nuclear-weapon capability of the racist rgime of South Africa constitutes a threat to International peace and security, Epressing deep concern over the stepped-up arms build-up and war preparations by the racist regime of South Africa and strongly condeming the growing violation of the arms embargo as well as the continued nuclear collaboration by the United States of America and some other Western States and Israel with the apartheid regime, Condemning the actions of those transnatioanal corporations that continue, through their collaboration with the racist rdgime of South Africa, to enhance its military and nuclear capabilitis, Recalling that the Security Council had determined in resolution 418 (1977), under Chapter VII of the Charter of the United Nations, that the acquisition by South Africa of arms and related material constituted a threat to the maintenance of international peace and security, Considering the urgent need for mandatory decisions by the Security Council, under Chapter VII of the Charter, to prohibit any military and nuclear collaboration with the racist rdgime of South Africa, 1. Urges the Security Council to take mandatory decisions, under Chapter VII of the Charter of the United Nations, to ensure the total cessation of all co-operation with the racist regime of South Africa in military and nuclear fields by Governments, corporations, institutions and individuals; 2. Deplores the action of several Western States and Israel which have provided the racist regime of South Africa with an enormous arsenal of military equipment and technology,as well as assis tance in its nuclear plans, and which have allowed corporations under their jurisdiction to invest in the armaments industry in South Africa; 3. Condemns any rnanoeuvres to create military pacts or arrangements with the participation of: the racist rdgime of South Africa; 4. Invites alL Governments and organizations to assist, in consultation with the national liberation movements of South Africa and Namibla, persons compelled to leave South Africa because of thier objection, on the ground of conscience, to serving in the military or police force of the apartheid regime. 97th plenary meeting 9 December 1982 E. Pi, ..i . . of Work of the Special Commitee Against Apartheid The General Assembl, Having considered the reports of the Special Committee against Apartheid, Reaffinning its resolution 36/172 N of 17 December 1981, Comneding the Special Committee for its activities in the discharge of the mandate given to it by the General Assembly, Noting with appreciation the work of the Centre aginst Apartheid of the Secretariat in assisting the Special Committee, Recognizing the urgent need for greater international efforts to eliminate apartheid and enable the South African people to establish a democratic society, Considering that the implementaion of the programme of the International Year of Mobilization for Sanctions against South Africa should be continued beyond the end of the year 1982, 1. Endores the report of the Special Committee against Apartheid, in particular the recommendations contained in paragraphs 466 to 489 on the programme of work of the Special Committee and of the services of the Centre against Apartheidand other units of the Secretariat; 2. Authorizes the Special Committee to organize in 1983 an International Conference of Trade Unions on Sanctions and other Actions against apartheid Rdgime of South Africa, in accordance with the recommendation in its second special report, 3. Encourages the Special Committee, with the assistance of the Centre against Aparthei4 to promote the widest possible international mobilization against apartheid in pursuance of the resolutions of the General Assembly and the programme of work of the Special Committee for 1983; 4. Commends the Special Committee for giving special attention to the following: (a) Comprehensive and mandatory sanctions against South Africa; (b) Campaign for the release of Nelson Mandela and all other South African political prisoners; (c) Women and children under apartheid, (d) Action by the trade union movement for the elimination of apartheid, (e) Sports and cultural boycott against South Africa; () Participation by writers, artists, sportsmen, religious ;eaders and others in the international campaign against apartheid' (g) Implementation of United Nations resolutions for the elimination of apartheid, (h) Publicizing of thestruggle for liberation in South Africa; 5. Requests the Special Committee to participat effectively in the Second World Conference to Combat Racism and Racial Discrimination; 6. Requests the Secretary-General to strengthen the Centre against Apartheid, in consultation with the Special Committee, and to take measures to ensure effective co-operation by all relevant units of the Secretariat in the international campaign against apartheid, as indicated in paragraphs 484 to 489 of the report of the Committee; 7. Decides to make a special allocation of $400,000 to the Special Committee for 1983 from the regular budget of the United Nations for the cost of special projects to be decided on by the Committee in order to promote the international campaign against apartheid, 8. Requests Governments and organizations to make volutary contributions or provide other assistafe for the special projects of the Special Committee; 9. Requests Secretary-General to establish a trust fund for such voluntary contribution to be used in accordance with the decisions of the Special Committee; 10. Authorizes the Special Committee, in view of its mandate to follow the situation witregard to South Africa constantly and to promote international mobilization against apartheid, to meet during sessions of the Gendral Assembly as necessary; 11. Requests all States, specialized agencies and other intergovernmental and non- governmental organizations to co-operate with the Special Committee in the international campaign against apartheid. 97th plenary meeting 9 December 1982

81 F. Relations between Israel and South Africa The General Assembly, Reaffirming its resolutions on relations between Israel and South Africa, Havng considered the special report of the Special Committee against Apartheid on recent developments concerning relations between Israel and South Africa, Alarmedat the increasing collaboration by Israel with the racist rdglme of South Africa,especially in the military and nuclear fields, in defiance of resolutions of the General Assembly and the Security Council, Considening that such collaboration is a serious hindrance to international action for the eradication of apartheid, an encouragement to the racist rdgime of South Africa to persist in its criminal policy of apartheid and a hostile act against the oppressed people of South Africa and the entire African contiment, and constitutes a threat to international peace and security, 1. Again strongly condemns the continuing and increasing collaboration of Israel with the racist regime of South Africa, especially in the military and nuclear fields; 2. Demands that Israel desist from and terminate all forms of collaboration with South Africa forthwith, particularly in the military and nuclear fields, and abide scrupulously by the relevant resolutions of the General Assembly and the Security Council; 3. Calls upon all Governments and organizations to exert their influence to persuade Israel to desist from such collaboration and abide by the resolutions of the General .Assembly; 4. Requests the Special Committee against Apartheid to publicize, as widely as possible, information on the relations between Israel and South Africa; 5. Further requests the Special Committee to keep the matter under constant review and to report to the General Assembly and the Security Council as appropriate. 97th plenary meeting 9 December 1982 G. Aparddin Sports The General Assembly Having considerd the report of the Ad Hoc Committee on the Drafting of an International Convention against Apartheid in Sports, 1. Requests the Ad Hoc Committee on the Drafting of an International Convention against Apartheid in Sports to continue its work with a view to submitting a draft convention as soon as possible; 2. Authorizes the Ad Hoc Committee to continue consultations, as required, with representatives of Governments and organizations concerned and experts on apartheid in sports. 97th plenary meeting 9 December 1982 H. Investments in South Africa The General Assembly, Recalling its resolution 36/172 0 of 17 December 1981, Taking note of the report of the Special Committee against Apartheid,

Convincedthat a cessation of all new foreign investments in, and financial loans to, South Africa would constitute an important step in international action for the elimination of apartheid, as such investments and loans abet and encourage the apartheid policies of that country, Welcoming the actions of those Governments that have taken legislative and other mesures towards that end, Noting with regretthat the Security Council has not yet taken steps towrds that end, as requested by the General Assembly in its resolutions 31/6 K of 9 November 1976, 32/105 0 of 16 December 1977, 33/183 Oof 24 January 1979, 34/93 Q of 12 December 1979, 35/206 Q of 16 December 1980 and 36/172 0 of 17 December 1981, Again urges the Security Council to consider the matter at an early date with a view to taking effective step- to achieve the cessation of further foreign investments in, and financial loans to, South Africa. 97th plenary metting 9 December1982 !. United Nations Trust Fund for South Airica The GeneralAssembly Having considered the report of the Secreatary-General on the United Nations Trust Fund for South Africa, to which is annexed the report of the Committee of Trustees of the United Nations Trust Fund for South Africa, Gravely concerned at the continued and increased repression against opponents of apartheid and racial discrimination in Sout Africa, and the institution of numerous trials under arbitrary security legislation, as well as continued repression ir Nabmibia, Reaffirmingthat increased humanitarian assistance by the international community to those persecuted under repressive and discriminatory legislation in South Africa and Namibia is appropriate and essential, Recognizingthat increased contributions to the Trust Fund and to the voluntary agencies concemed are necessary to enable them to meet the increased needs for humanitarian and leagl assistance, 1. Commends the Secretary-General and the Committee of Trustees of the United Nations Trust Fund for South Africa for their efforts to promote humanitrarian and legal assistance to persons persecuted under repressive and discniminatory legislation in South Africa and Namibla, as well as assistanceMto their families and to refugees from South Africa; 2. Expresses its appreciation to the Governments, organizations and individuals that have contributed to the Trust Fund and to the voluntary agencies engaged in rendering humanitarian and legal assistance to the victims of apartheid and racial discrimination; 3. Appeals for generous and increased contributions to the TrustrFund; 4. Also appeals for direct contributions to the voluntary agencies engaged in assistance to the victims of apartheid and racial discrimination in South Africa and Namibia. 97th plenary meeting 9 December 1982

J. Oil Embargo Againat South Africa The General Assembly, Recalling its resolution 36/172 G of 17 Decembn, ±981, Recalling futherthe Paris Declaration on Sanctions agairL t South Africa, Taking note of the report of the Special Committee against Apartheid, Convnced of the need to ensure the effective implementation of embargoes imposed or policies declared by most oil-producing and oil-exporting counthies with regard to the supply of oil and oil products to South Africa, and to promote a mandatory oil embargo against South Africa under Chapter VII of the Charter of the United Nations, Reiterating its requests to the Security Council to consider a mandatory embargo on the supply of petroleum and petroleum products to South Africa under Chapter VII of the Charter, 1. Authorizes the Special Committee against Apartheid to appoint a Group of Experts on the Supply of Oil and Oil Products to South Africa, nominated by Governments, to prepare a thorough study and report as soon as possible on all aspects of the question as a basis for the consideration of national and international measures to ensure the effective implementation of the embargoes imposed or policies declared by oil-producing and oil-exporting countries with regard to the supply of oil and oil products to South Africa; 2. Requests the Secretary-General to organize, in consultation with the Special Committee, meetings of permanent representatives to the United Nations of the oil-producing and oil-exporting countries committed to the oil embargo against South Africa; (a) To consider the report of the Group of Experts on the Supply-of Oil and Oil Products to South Africa; (b) To consult on national and international arrangements to ensure the effective implementation of the embargoes in the light of the report; (c) To decide on all arrangements for an international conference; (d) To consider, on the basis of the report of the Group of Experts, participation of countries concerned in addition to oil-producing and oil-exporting countries committed to the oil embargo against South Africa; 3. Requests and authorizes the Secretary-General in consultation with the Special Committe and in the light of the recomendations made at the meetings of permanent representatives of the countries concerned, to organize the International Conference on an Oil Embargo against South Africa for the purpose of considering national and international arrangements to ensure the implementation of embargoes imposed or policies declared by oil-producing and oil-exporting countries with regard to the supply of oil and oil products to South Africa. 97th plenary meeting 9 Decemebr 192 [Source: Oflicial Records of the UN General Assembly, Thirty-seventh Session, Supplement No. 51(A/37/51), pp. 28-34.]

ANNEXUREVII The Dcleedation of Commonwealth Principles The Cnrimnwealth of Nations is a voiuntary association of independent sovereign states, each tesponsicie for its c wn policies, consulting and co-operating in the common interests of their peoples and in the promotion of international understanding and world peace. Members of the Commonwealth come from territories in the six continents and five oceans, include peoples of different races, languages and religions, and display everystage of economic development from poor developing nations to wealthy industrialised nations. They encompass a rich variety of cultures, traditions and institutions. Membership of the Commonwealth is compatible with the freedom of member governments to be non-aligned or to belong to any other grouping, association or alliance. Within this diversity all members of the Commonwealth hold certain principles in common. It is by pursuing these principles that the Commonwealth can continue to influence international society for the benefit of mankind. We belive that international peace and order are essential to the security and prosperity of maskind; we therefore support the United Nations and seek to strengthen its influence for peace in the world, and its efforts to remove the causes of tension between nations. We beleive in the liberty of the individual, in equal rights for all citizens regardless of race, colour, creed or political belief, and in their inalienable right to participate by means of free and democratic political processes in framing the society in which they live. We therefore strive to promote in each of our countries those representative institutions and guarantees for personal freedom under the law that are our common heritage. We recognize racial prejudice as a dangerous sickness threatening the helathy development of the human race and racial discrimination as an unmitigated evil of society. Each of us will vigorously comabt this evil within our own nation. No country will afford to regimes which practise racial discrimination assistance which in its own judgement directly contributes to the pursuit or consolidation of this evil policy We oppose all forms of colonial domination and racial oppression and are commited to the principles of human dignity and equality. We will therefore use all our efforts to foster human equality and dignity everywhere, and to further the principles of self-determination and non-racialism. We beleivi thai the wide dsparites in wealth now existing between different sections of mankind are too great to be tolerated. They also create world tension . Our aim is their progressive removal. We therefore seek to use our efforts to overcome poverty, ignorance and disease, in raising standards of life and achieving a more equitable international society. To this end our aim is to achieve the freest possible flow of international trade on terms fair and equitable to all, taking into account the special requirements of the developing countries, and to encourage the flow of adequate resources, including governmental and private resources, to the developing countries, bearing in mind the importance of doing this in a true spirit of partnership and of establishing for this purpose in the developing countries conditions which are conducive to sustained investment and growth. We believe that international co-operation is essential to remove the causes of war, promote tolerance, combat injustice, and secure development among the peoples of the world. We are convinced that the Commonwealth is one of the most fruitful associations for these purposes. In pursuing these principles the members of the Commonwealth believe that they can provide a construIve example of the mula-natuonal approach which is vital to peace and progress in the modem world. The association is based on consultation, discussion and co-operation.

85 In rejecting coercion as an instrument of policy they recognise that the sec irty of each member state from external agression is a matter of concern to all members. It provides many channels for continuing exchanges of knowledge and views on professional, cultural, economic, legal and political issues among member states. These relationships we intend to foster and extend, for'we belive that our mulit- national association can epand human understanding and understanding among nations, assist in the elimination of discrimination based on differences of race, colour or creed, maintain and strengthen personal liberty, contribute to the enrichment of life for all, and provide a powerful influence for peace among nations. [Source: Groom A.J.R. and Paul Taylor (ed.) The Commonwealth in the 1980s: Challenges and Opportunities, (London: The Macmillan Press Ltd.), 1984, pp. 346-47.]

ANNEXURE VJi Co. .ikuiweali Statement orn, t e.: cid in Sport (The Gleneagles Agreement) The ,-,ember counties of tf, Commonwealth, embracing peoples of diverse races, colours, languages and faiths, have long recognised racial prejudice and discriminabon es a dangerous sickness and an unmitigated evil and are pledged to use all their efforts to foster human dignity everywhere. At their London Meeting, Heads of Government reaffirmed that apartheidin sport, as in other fields, is an abomination and runs directly counter to the Declaration of Commonwealth Principles which they made at Singapore on 22 January 1971. They were conscious that sport is an important means of developing and fostering understanding between the people, and especially between the young people, of all countries. But they were also aware that, quite apart from other factors, sporting contacts between their nationals and the nationals of countries practising apartheid in sport tend to encourage the belief (however unwarranted) that they are prepared to condone this abhorrent policy or are less than totally committed to the Principles embodied in their Singapore Declaration. Regretting past misunderstandings and difficulties and recognising that these were partly the result of inadequate inter-governmental consultations, they agreed that they would seek to remedy this situation in the context of the increased level of understanding now achieved. They reaffirmed their full support for the international campaign against apartheid apd welcomed the efforts of the United Nations to reach universally accepted- approaches to the question Of sporting contacts within the framework of that campaign. Mindful of these and oiehr considerations, they accepted it as tho urqent duty of each of their Governments vigorously to combat the evil of apartheid by withholding any form of support ior, and by taking every practical step to discourage contact or competition by their nationals with sporting organ" 'ions, teams or sportsmen frorin South Africa or from any otefir country wheie sports are organised on the basis of race, colour or ethnic origin. They-fully acknowledged that it was for each Government to determine in accrda- .c with its law the methods by which it might best discharge these commitments. But they recognised that the effective fulfilment of their commitnents was essential to the harmonious development of Commonwealth sport hereafter. They acknowledged also that the full realisation of their objectives involved ze understanding, support and active participation of the nationals of thier countries and of their national sporting organisations and authorities. As they drew a curtain across the past they issued a collective call for that understnding, support and participation with a view to ensuring that in this matter tte peoples and Governments of the Commonwealth might help to give a lead to the world. Heads of Government specially welcomed the belief, unanimously expressed at their Meeting, that in the light of their consultations and accord there were unlikely to be future sporting contacts of any significance between commonwealth countries or their nationals and South Africa while that country continues to pursue the detestable policy of apartheid. On that basis, and having regard to their comnitments, they looked forward with satisfaction to the holding of the Commonwealth Games in Edmonton and to the continued strengthening of Commonwealth sport generally. London, 15 June 1977 [Source: Groom A.J.R. and Paul Taylor (ed.) The Commonwealth in the 1980s: Challenges and Opportunities, (London: The Macmillion Press Ltd.), 1984, pp. 348-49.]

ANNEXURE IX The Lusaka Dedaration of the Commonwealth on Racism and Racial Prejudice We, the Commonweath Heads of Government, recalling the Declaration of Commonewalth Principles made at Singapore on 22 January 1971 and the statement on Apartheid in Sport, Issued in London on 15 June 1977, have decided to proclaim our desire to work jointly as well as severally for the eradication of all forms of racism and racial prejudice. The Commonwealth is an institution devoted to the promotion of international understanding and world peace, and to the achievement of equal rights for all citizens regardless of race, colour, sex, creed or political belief, and is committed to the eradication of the dangerous evils of racism and racial prejudice. We now, therefore, proclaim this Lusaka Declaration of the Commonwealth on Racism and Racial Prejudice. United in our desire to rid the world of the evils of racism and racial prejudice, we proclaim our faith in the inherent diqnity and worth of the human person and declare that: (1) the peoples of the Commonwealth have the right to live freely in dignity and equality, without any distinction or exclusion based on race, colour, sex, descent, or national or ethnic origin. (2)while everyone is free to retain diversity In his or her culture and lifestyle, this diversity does not justify the perpetuation of racial prejudice or racially discriminatory practices: (3) everyone has the right to equality before the law and equal justice under the law: (4) everyone has the right to effective remedeis and protection against any form of discrimination based on the grounds of race, colour, sex, descent or national or ethnic origin. We reject as inhuman and intolerable all policies designed to perpetuate apartheid, racial segregation or other policies based on theories that racial groups are or may be inherently superior or inferior. We reaffirm that it is the duty of all the peoples of the Commonwealth to work together for the total eradication of the infamous policy of apartheid which is internationally recognised as a crime against the concrience and dignity of mankind and the very existence of which is -an affront to humanity. We agree that everyone has the right to protection against acts of incitement to racial hatred and discrimination, whether committed by individuals, groups or other orgarisations. We affirm that there should be no discrimination based on race, colour, sex, descent or national or ethnic origin in the acquisition or exercise of the right to vote; in the field of civil rights or access to citizenship; or in the economic, social or cultural fields, particularly edu;.'tior, health, employmer.t, occupation, housing, social security and cultural life. We attach particular importance to ensuring that children shall be protected from practices which may foster racism or racial prejudice. Children have the right to be brought up and educated in a spirit of tolerance and understanding so as to be able to contribute fully to the building of future societies based on justice and friendship. We believe that those groups in societies who may be especially disadvantaged because of residual racist attitudes are entitled to the fullest protection of the law We recognise that the history of the Commonwealth and its diversity require that special atten-

88 tion should be paid to the problems of indigenous minorities. We recognise that the same special attention should be paid to the problems of immigrants, immigrant workers and refugees. We agree that special measures may in paricular circumstances be required to advance the development of disadvantaged groups in society. We recognise that the effects of colonialism or racism in the past may make desirable special provisions for the social and economic enhancement of indigenous populations. Inspired by the principles of freeedom and equality which characterise our association, we accept the solemn duty of working together to eliminate racism and racial prejudice. This duty involves the acceptance of the principle that positive measures may be required to advance the elimination of racism, including assistance to those struggling to rid themselves and their environment of the practice. Being aware that legislation alone cannot eliminate racism and racial prejudice, we endorse the need to initiate public information and education policies designed to promote understanding, tolerance, respect and friendship among peoples and racial groups. We are particularly conscious of the Importance of the contribution the media can make to humann rights and the eradication of racism and racial prejudice by helping to eliminate ignorance and misunderstanding between people and by drawing attention to the evils which afflict humanity. We affirm the importance of truthful presentation of facts in order to ensure that the public are fully informed of the dangers presented by racism and racial prejudice. In accordance with established prirciples of International Law and, in particular, the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination, we affirm that everyone is, at all times and in all places, entitled to be protected in the enjoyment of the right to be free of racism and racial prejudice. We believe that the existence in the world of apartheid and racial discrimination is a matter of concern to all human beings. We recognise that we share an international responsiblty to work toget. her for the total erdication of apartheldand racl discrimination. We note that racism and racial prejucdice, wherever they occur, are significant factors contributing to tension between nations and thus inhibit peaceful progress and development. We believe that the goal of the eradication of racism stands as a critical priority for governments of the Commonweakh, committed as they are to the promotion of the ideals of peaceful and happy lives for their people. We intend that the Commonwealth, as an international organisation with a fundamental and deep-rooted attachment to principles of freedom and equality, should co-operate with other organisations in the fulfilment of these principles. In particular the Commonwealth should seek to enhance the co-ordination of its activities with those of other organisations similarly commited to the promotion and protection of human rights and fundamental freedoms. Lusaka, August 1979 [Source: Groom A.J.R. and Paul Taylor (ed.) The Commonwealth in the 1980s: Challenges and Opportunites, (London: The Macmillan Press Ltd.), 1984, pp. 350-52.]

ANNEXURE X Southern Africa: The Commonwealth Accord (Nassau) We counsider that South Africa's continuing refusal to dismantle apartheid, its illegal occupation of Namibia, and its aggression against its neighbours constitute a serious challenge to the values and principles of the Commonwealth, a challenge which Commonwealth countries cannot iganore. At New Delhi we expressed the view that "only the eradication of apartheid and the establishment of majority rule on the basis of free and fair exercise of universal adult suffrage by all the people in a united and non-fragmented South Africa can lead to a just and lasting solution of the explosive situtation prevailing in Southern Africa." We are united in the belief that reliance on the range of pressures adopted so far has not resulted in the fundamental changes we have sought over many years. The growing crisis and intensified repression in South Africa mean that apartheidmust be dismantled now if a greater tragedy is to be averted and that concerted pressure must be brought to bear to achieve that end. We consider that the situation calls for urgent practical steps. 2. We, therefore, call on the authorities in Pretoria for the following steps to be taken in a genuine manner and as a matter of urgency: a. Declare that the system of apartheid will be dismantled and specific and meaningful action taken in fulfilment of that intent. b. Terminate the existing state of emergency. c. Release immediately and unconditionally Nelson Mandela and all others imprisoned and detained for their opposition to apartheid. d. Establish political freedom and specifically lift the existing ban on the African National Congress and other political parties. e. Initiate, in the context of a suspension of violence on all sides, a process of dialogue across lines of colour, politics and religion, with a view to establishing a non-racial and representative government. 3. We have agreed on a number of measures which have as their rationale impressing on the authorities in Pretoria the compelling urgency of dismantling apartheid and erecting the structures of democracy in South Africa. The latter, in particular, demands a process of dialogue involving the true representatives of the majority black population of South Africa. We believe that we must do all we can to assist that process, while recognising that the forms of political settlement in South Africa are for the peopie of that country-all the people-to determine. 4. To this end, we have decided to establish a small group of eminent Commonwealth persons to encourage through all practicable ways the evolution of that necessary process of political dialogue. We are not unmindful of the difficulties such an effort will ercounter, including the possibility of initial rejection by the South African authorities, but, we believe it to be our duty to leave nothing undone that might contribute to peaceful change in South Africa and avoid the dreadful prospect of violent conflict that looms over South Africa, threatening people of all races in the country, and the peace and stability of the entire Southern Africa region. 5. We are asking the President of Zambia and the Prime Ministers of Australia, Bahamas, Canada, India, the United Kingdom and Zimbabwe to develop with the Secretary-General the modalities of this effort to assist the process of political dialogue in South Africa. We would look to the group of eminent persons to seek to facilitate the processes of dialogue referred to in paragraph 2(e) above and by all practicable means to advance the fulfilment of the objectives of this Accord. 6. For our part, we have as an earnest of our opposition to apartheid reached accord on a programme of common action as follows: i) we declare tie Commonwealth's support for the strictest enforcement of the mandatory arms embargo against South Africa, in accordance with UN Security Council Resolutions 418 and 558 and commit ourselves to prosecute violators to the fullest extent of the law; ii) we reaffirm the Gleneagles Declaration of 1977, which called upon Commonwealth members to take every, practical step to discourage sporting contacts with South Africa; iii) we agree upon, and commend to other Governments, the adoption of the following further economic measures against South Africa, which have already been adopted by a number of membei co'-intries: (a) a ban on all new Government loans to the Government of South Africa and its agencies; (b) ' readiness to t.ke unilaterally what action may be possible to preclude the import of Krugerrands; (c) no Government funding for trade missions to South Africa or for participation in exhibitions and trade fairs in South Africa; (d) a ban on the sale and export of computer equipment capable of use by South African military forces, police or security forces; (e) a ban on new contracts for the sale and export of nuclear goods. materials and technology, to South Africa; (f) a ban on the sale and export of oil to South Africa; (g) a strict and rigorously controlled embargo on imports of arms, ammunition, military vehicles and para-military equipment from South Africa; (h) an embargo on all rnlitary co-operation with South Africa; and (i) discouragement of all cultural and scientific events except where these contribute towards the ending of apariheidor have no possible role in promoting it.7 7. It is our hope mat the process and measwes we have agreed upon will help to bring about concrete progress forwards the objectives stated above in six months. The Heads of Government menioned in paragraph 5 above, or their representatives, will then meet to review the situation. if in their opinion adeqtfate progress has not been made within this period, we agree to consider the adoption of further measures. Some of us would, in that event, consider the following steps among others: a. a ban on air links with South Africa; b. a ban on new investment or reinvestment of profits earned in South Africa; c. a ban on the import of agricultural products from South Africa; d. the termination of double taxation agreements with South Africa; e. the termination of all government assistance to investment in, and trade with, South Africa; f. a ban on all government procurement in South Africa; g. a ban on government contracts with majority owned South African companies; h. a ban on the promotion of tourism to South Africa. 8. Finally, we agree that should all of the above measures fail to produce the desired results within a reasonable period, further effective measures will have to be considered. Many of us have either taken or are prepared to take measures which go beyond those listed above, and each of us will pursue the objeectives of this Accord in all the ways and through all appropriate fore open to us. We believe, however, that in pursuing this Programme jointly, we enlargo the prospects of an orderly transition to social, economic and political justice in South Africa and peace and stability in the Southern Africa region as a whole. Adopted at Lyford Cay 20 October, 1985 9.00p.m.

ANNEXURE XI Commonwealth Heads of Government Review Meeting London, 3-5 August, 1986 Communique As agreed at Nassau last October, our Meeting was held in the special context of the crisis in Southern Africa, At the outset of our discussions we specifically reaffirmed our commitment to the Commonwealth Accord on Southern Africa which, with our other colleagues, we had concluded at Nassau. We reaffirmed, in particular, the united belief we expressed in the Accord that "apartheid must be dismantled now if a greater tragedy is to be averted, and that concerned pressure must b'k brought to bear to achieve that end" 2. At our request the Co-Chairmen of the Commonwealth Group of Eminent Persons (EPG), General Olusegun Obasanjo and Mr. Malcoim Fraser, introduced the report of the EPG and answered the many questions we put to them. Sir Geoffrey Howe, the British Foreign Secretary, who undertook a mission to Southern Africa in his capacity as President of the Council of Ministers of the EEC, also briefed us on the results of his mission. 3. The Report of the EPG, Mission to south Africa, was the central document at our discussions. That unanimous Report has commended attention worldwide as pointing the way forward for South Africa and for the world in relation to South Africa. We warmly commend the Group's work which has made a positive and enduring contribution to the efforts to end apartheid and establish a non-racial and representative Government in South Africa. We particularly commend the EPG's 'negotiating concept' and deeply regret its rejection by the South African Government. 4. At Nassau, the Commonwealth unanimously adopted a common programme of action which included a number of economic measures against South Africa. It was our collective hope t those measures and the efforts of the EPG to promote a process of dialogue in South Africa would, within six months, bnng about concrete progress towards our objectives of seeing apartheiddismantled and the structures of democracy erected in South Africa. 5. As envisaged in the Accord, we have reviewed the situation. We are profoundly disappointed that the authorities in Pretoria have taken none of the five steps which at Nassau we called on them to take "in a genuine manner as a matter of urgency". Nelson Mandela and other political leaders remain in prison. A new and more widely repressive emergency has been imposed and political freedom more rigorously curtailed; the ANC and other political parties are still banned Beyond these, however, it has been a matter of deep concern to us that the EPG after its most patient efforts has been forced to conclude that "at present there is no genuine intention on the part of the South African Government to dismantle apartheidand no present prospect of a process of dialogue leading to the establishment of a non-racial and representative government" We had looked at Nassau for the initiation by Pretoria of a process of dialogue in the context of a suspension of violence on all sides. Instead, as the EPG fckind, the cycle of violence and counter-violence has spiralled 6. We receive the Group's findings with disppointment, and deplore the conduct of the South African Government whose actions, including the raid on neighbouring countries at crucial moment of the EPG's work, terminated its efforts for peaceful change. We continue to believe with the EPG that the cycle of violence in South Africa must end. It is clearly established that the situation in South Africa constitutes a serious threat to regional peace and security. 7. It is thus clear to us that since our meeting in Nassau there has not been the adequate concrete progress that we looked for there. Indeed, the situation has deteriorate3. 8. Accordingly, in the light of our review and of our agreement at Nassau, we have considercd the adoption of further measures against the background of the EPG's conclusion that the absence of effective economic pressure on South Africa and the belief of the South African authorities that it need not be feared are actually deferring change. We acknowledge that the Commonwealth cannot stand by and allow the cycle of violence to spiral, but must take effective concerted action. 9. We are agreed that one element of such action must be the adoption of further measures designed to impress on the authorities in Pretoria the compelling urgency of dismantling apartheid ._nd erecting the structures of democracy in South Africa. 10. In doing so, we have looked particularly at the measures listed in para. 7 of the Accord ,,hich some of us at Nassau had already indicated a willingness to include in any consideration of w-ther measures. But we have looked as well to other measures under consideration elsewhere. In * i~cic1q on the adoption of further measures, we recognise that if they are to have maximum effect they should be part of a wider programme of international action. 11. The British Government's position is set out in paragraph 12. The rest of us have agreed as foliows: (a) .i;e adoption of turther substantial economic measures against South Africa is a moral and political nperative to which a positive response can no longer be deferred. (b) We ourselves will thertore adopt the following measures and commend them to the rest of the Commonwealth and the wider international community for urgent adoption and implementation: 0) all the measures listed in paragraph 7 of the Nassau Accord, namely: .) a ban on air links with South Africa, b) a ban on new investment or reinvestment of profits earned in South Africa, c) a ban on the import of agncultural products from South Africa, d) the termination of double taxation agreements with South Africa, e) the termination of all government assistance to investment in, and trade with, South Africa, f) a ban on all government procurement in South Africa, g) a ban on government contracts with majority-owned South African companies, and h) a ban on the promotion of tourism to South Af~ca, and (ii) the following additional measures: i) a ban on all new bank loans to South Africa, whether to the public or private sectors, j) a ban on the import of uranium, coal, iron and steel from South Africa, and k) the withdrawal of all consular facilities in South Africa except for our own nationals and nationals of third countries to whom we render consular services. (c) While expressing both concern and regret that the British Government does not join in our agreement, we note its intention to proceed with ihe measures mentioned in paragraph 12 below. (d) We feel, however, that we must do more. We look beyond the Commonwealth to the wider international community. We will, therefore, immediately embark on intensive consultations within the international community with a view to secunng concerted international action in the coming months, our emphasis being on those countries that presently sustain a significant level of economic relations with South Africa.

12. The British Government, while taking a different view on the likely impact of economic sanctions, declares that it will: (,) put a voluntary ban on new investment in South Africa, (ii) put a voluntary ban on the promotion of tourism to South Atrica, and (ill) accept and implement any EEC decision to ban the import of coal iron, ar I steel and ot gold coins from South krnca. "I As a further element of our collective commitment to effective action, we have requested the Secretarv-General, with assistance from our Governments, to co- ordinate the implementation of the __-reed measures and to indentifv such adjustment as may be necessary in Commonwealth countries -'iected b. them. 1' We -e ," the call we made at Nassau on the authorities in Pretoria to initiate, in the context of a sspension of violence on ali sives, a process of dialogue across lires of colour, politics .no reiigion .' a ;.ieA to across lines of colour, polics and religion with a view to establishing a non-racial and r! : atve government in a united and rtor-fragrf cJe.i South Africa. It Pretoria responds posit.:,ely to nis call and takes the other steps for which we calied in paragraph 2 of the Nassau Accord, we standl ready to review the situation and so iescind the measures we have adopted :f appropriate; arid tc contribute, in all ways open to us, to an orderly transition to social economic and political , in South Africa and to peace and stability in Southern Africa as a whole. 1I On the other hand, we are equally mindful of our further commitment at Nassau that ,f in a r 'asonabie time even these further measures have not had the desired effect, stlul further effective measures will have to be considered. We !rust that the authorities in Pretoria ,fnli recognise the . .nousness of our resolve. Acts of economic or other aggression.against neighbouring states by way of retaliation or otherwise will activate that resolve. 1',. Regretting the absence of full agreement but recognising that the potential for united Commonwealth action still exists, we agree that the seven Governments will keep the situation under review wi~th the view to advising whether any further collective Commonwealth action, including a full Heads of Government Meeting, is desirable. We are conscious that the situation in South Africa may evolve rapidly and dangerously. We believe the Commonwealth must retain its capacity to help to advance the objectives to the Nassau Accord and be ready to use all the means at its disposal to do so. 17. Meeting in London at a time of heightened strains within our association, we take the opportunity to renew our own firm commitment to the future of the Commonwealth and to the aims and objectives which have guided it over the years. We are fortified in this renewal by the spirit of frankpess in friendship which characterised our discussions and our belief that they have helped to light a common path towards fulfilment of our common purpose, namely, the dismantling of apartheid and the establishment of a non-racial and representative government in South Africa as a matter of compelling urgency. Marlborough House London 4 August 1986

ANNEXURE XI Resolution adopted by the Central Legislative Assembly on 6.11.1944 That the position of Indians in South Africa and the East Africa be taken into consideration : and having considered the matter, this House is of opinion that the Government of India should forthwith exercise the powers under the Reciprocity Act (Viz., Act IX of 1943 as amended by Act XXII of 1943) against the Nationals of South Africa's union not being of Indian origin and should immediately recall the High Commissionr, 'or india in South Africa: and because of the continuous racial discrimination policy against Indians adopted by the Union of South Africa and by the east African Governments of Kenya, Uganda and Tanganyika, this House is of opinion that the Government of India should forthwith enforce Economic Sanctions against those countries and exercise the power under the Reciprocity Act OJiz., Act IX of 194.3 as amended by Act XXII of 1943), against the Nationals, not being of Indian origin of those courfl . [Source: CentialLegislative Asembly Debates, Vol. IV, 1944, dated 6.11.1944 p. 308

Resolution adopted by the Council of State on March 22, 1945 This Council recommends to the Govemor-General-in-Council that in view of the attitudes of the South African Government he may be pleased to apply (a) economic sanction against South Africa and (b) recall the High Commissioner from South Africa. [Source: Council of State Debates, 1945, Vol. 1, dated 22.3.1945, p. 4021 ANNEXUIE XIII

ANNEXURE XIV Text of theGazette of India Extraordinary dated July 17, 1946, on trade relations with South Africa. The Gazette of India Extraordinary PUBLISHED by AUTHORIy NEW DELHI, WEDNESDAY, JULY 17 1946 GOVERNMENT OF INDIA DEPARTMENT OF COMMERCE COMMERCE New Delhi, the 17th July, 1946 No. 2-C (6)/46 (2). - In exercise of the powers conferred by section 134 of the Sea Customs Act, 1878 (VIII of 1878), the Central Government is pleased(a) to prohibit thehbringing by sea or by land into British India of goods from whatever place arriving which have been consigned from, or grown, pro4uced or manufactured in, the Union of South Africa: Provided that the foregoing prohibition shall not apply(i) to goods which are the personal effects of passengers, or (ii) to goods brought into British India before the 1st August 1946, or (iii) to goods the price of which has been wholly paid on or before the 17th July 1946 and the importation of which has been specially authorised by the Central Government; (b) to prohibit the taking by sea or by land out of British India of goods from whatever place arriving which are destined for any port or place in the Union of South Africa or in respect of which the Chief Customs Officer is satisfied that the goods although destined for a port or place outside the Union of South Africa are intended to be taken to the Unioij of South Africa. Explanation. -Goods grown or Produced in the Union of South Africa which havebeen subjected to any process in another country and goods manufactured partly in the Union of South Africa and partly in mother country shall be deemed to fall within the scope of the prohibition in clause (a) above unless 25 per cent. or more of the value of the goods at the time when they left the place from which they were last consigned is attributable to processes undergone since the goods left the Union of South Africa. No. 2-C (6)/46 (2) - In exercise of the powers conterred by secion 134 of the Sea Customs Act, 1878 (VII 6f'T878), the Central Government is pleased(a) to prohibit the transhipment at any port in British India of goods when destined for any port in the Union of South Africa, and (b) to prohibit the transhipment at any port in British India of goods when destined for any port other than a port of the Union of South Africa, save with the permission of the Chief Customs Officer who shall not grant such permission unless he is satisfied that it is not intended that such goods shall be taken to the Union of South Africa. K.K. CHETIUR, Joint Secretary [Source: Gazette of India (Ext.) Part IV-V. Supplenent 1946, dated July 17, 1946]. 9';.

ANNEXURE XV Resolution adopted by the Lok Sabha on 28.3.1960 This House deplores and records its deep sorrow at the tragic incidents which occurred at Sharpeville and Langa township near Capetown in south Africa on March 21, 1960, resulting in the death of a large number of Africans from police firing. It sends its deep sympathy to the Africans who have suffered from this firing and from the policy of racial discrimination and the suppression of the African people in their own homeland. [Source: L.S. Deb., Second Series, Vol. XLi, 1960, dated 28.3.1960, Col. 8402]

ANNEXURE XVI THE ANTI-APARTHEID (UNITED NATIONS CONVENTION) ACT, 1981 No. 48 of 1981 [18th December, 1981.) An Act to give effect to the International Convention on the Suppression and Punishment of the Crime of Apartheid. WHEREAS an International Convention on the Suppression and Punishment of the Crime of Apartheid was adopted by the General Assembly of the United Nations on the Thirtieth day of November, 1973; AND Wi-iAs India, acceded to the said Convention, should make provisions for giving effect to it; BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:Short title and extent 1. (1)This Act may be called the Anti-Apartheid (United Nations Convention) Act, 1981. (2) It extends to the whole of India. Application of the International Convention on the Suppression and Punishment of the Crime of Apartheid 2. (1) Notwithstanding anything to the contrary contained in any other law, such of the provisions of the International Convention on the Suppression and Punishment of the Crime of Apartheidas are set out in the Schedule shall have the force of law in India. (2) The Central Government may, from time to time, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said Convention set out therein. (3) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before each House of Parliament. Punishment for international criminal responsibility. 3. Every person to whom international criminal responsibility applies under article III of the said Convention, as set out in the Schedule, shall be punished with death. or imprisonment for life, or imprisonment for a term which may extend to ten years, and shall also be liable to fine. Explanation. - For the purposes of this section, the reference in clause (a) of article IN of the said Convention to "article II" shall be construed as a reference to the provisions of article II of that Convention as set out in the Schedule. Offences by companies, organisations or institutions. 4. Where an offence under this Act has been committed by a company or an organisation or an institution, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company, organisation or institution, as the case may be, for the conduct of its busi- ness or affairs, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Explanation. -For the purposes of this section, "company" means ary body corporate and includes a firm or other association of individuals. Place of trial. 5. Any person committing an offence under section 3 may be tried for the offence in any place in which he may be found or in such other place as the Central Government may, by general or special order, published in the Official Gazette, direct in this behalf. Previous sanction of the Central Government for arrest or prosecution. 6. No person shall be arrested or prosecuted in respect of any offence under section 3 except with the previous sanction of the Central Government or such officer or authority as may be authorised by that Government by order in writing in this behalf. Provision as to Extradition Act. 7. For the purposes of the Extradition Act, 1962, the offence under 34 of 1962, section 3 shall not be considered to be an offence of a political character. THE SCHEDULE (See sections 2 and 3) PROViSIONS OF THE INTERNATIONAL C ONVENTON ON THE SUPPRESSION AND PUNISHMENT OF THE CRIME OF APARTnisi WHICH SHALL HAVE FORCE OF LAW Article II For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: (a) Denial to a member or members of a racial group or groups of the right to life and liberty of person: (i) by murder of members of a racial group or groups; (ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment; (iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;

100 (b) Deliberate imposition on a racial group or groups of living conditions calcuated to cause its or their physical destruction in whole or in part; (e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour; (f) Persecution of organisations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid. Article HI International criminal responsibility shall apply, irrespective of the motive involved, to individuals, members of organizations and institutions and representatives of the State, whether residing in the territory of the State in which the acts are perpetrated or in some other State, whenever they; (a) Commit, participate in, directly incite or conspire in the commission of the acts mentioned in article I! of the present Convention; (b) Directly abet, encourage or co-operate in the commission of the crime of apartheid. [Source: Acts of Parliament, 1981 (Government of India, Ministry of Law, Justice and Company Affairs), pp. 264--66.1

ANNEXURE XVII Resolution adopted by the Lok Sabha on 19.8.85 and Rajya Sabha on 20.8.85 This House unanimously resolves 1. To condemn the inhuman policy of apartheid of the racist regime of South Africa; 2. To denounce the attempts of the South African authorities to divide the African, Asian and other peoples of South Africa, struggling for their fundamental rights; 3. To appeal to all the freedom loving forces of the world to remain united in the struggle against apartheid. 4. To call upon governments to impose effective and comprehensive mandatory sanctions against South Africa; 5. To call for the unconditional release of the brave patriot Nelson Mandela and other freedom fighters; 6. To continue to extend all support to the freedom struggle of the people of South Africa and to espouse theLfcause in all relevant international forums; 7. To call upon the forthcoming NAM Ministerial meeting at Luanda and the fortieth commemorative session of the UN to redouble efforts to secure the liberation of the people of South Africa from the unmitigated crimes of apartheid; and 8. To call upon the people of the Indian origin in South Africa to continue their struggle in solidarity with their African brethren in their common cause against the apartheid. [Source: L.S. Deb. Vol. 8. Nos. 16-20, dt. 19.8.85 cols. 542-43 and RS. Deb. Vol. 135, Nos. 16-20, dt. 20.8.85 Col. 360.1 IAl

ANNEXURE XVIII Resolution adopted by the Lok Sabha on 7.8.1986 This House unanimously 1. Condemns the inhuman policy of apartheid of the racist regime of South Africa; 2. expresses the solidarity of the Indian people with the brave freedom fighters of South Africa and supports their just struggle for human rights; 3. denounces the obstinate refusal of the South African authorities to enter into meaningful negotiations with the African National Congress and other political organisations to dismantle apartheid; 4. condemns the action of governments which provide moral encouragement and material assistance to the racist government of South Africa; 5. welcomes the efforts made by the Prime Minister, Shri Rajiv Gandhi, to mobilise world opinion in support of the heroic battle of the South African people for freedom and human dignity and the courageous stand taken by India and five other countries at the seven-nation Commonwealth Summit to impose mandatory economic sanctions against South Africa; 6. regrets that Britain has not adopted the full range of measures agreed upon at Nassau; 7. appeals to all the freedom loving forces of the world to remain united in the historic movement against apartheid; 8. calls upon all governments to impose compreshensivt, effective and mandatory sanctions against South Africa; 9. calls for the unconditional release of Nelson Mandela and other freedom fighters of South Africa and for the removal of the ban on the activities of the African National Congress and other political organisations; 10. appeals to parliamentarians of the world to use all moral and constitutional means at their disposal to persuade governments and other authorities all over the world to take effective action against the South African authorities; and finally, 11. calls upon the forthcoming meeting of the Heads of Government and States of the Non-Aligned Movement to redouble efforts to secure the liberation of the peoples of South Africa and Namibia from the unmitigated cnrmes and tyranny of the racist Pretoria regime. [Source: L.S. Deb., Eighth Series, Vol. XIX No. 16, dated 7.8.1986, Cols. 410- 11.]

ANNEXURE XIX Resolution adopted by the Rajya Sabha on 8.8.1986 This House unanimously resolves to: 1. Condemn the inhuman policy of apaitheidof the racist regime of South Africa; 2. Express the solidarity of the Indian people with the brave freedom fighters of South Africa and to support their just struggle for human rights; 3. Denounce the obstinate refusal of the South African authorities to enter into meaningful negotiations with the African National Congress and other political organisations to dismantle apartheid; 4. Deplore the action of governments which provide moral and material encouragement to the racist government of South Africa; 5. Strengthen the efforts made by the Prime Minister, Shri Rajiv Gandhi, to mobilising world opinion in support of the heroic battle of South African people for freedom and human dignity; 6. Welcome the forthright stand taken by India and five other countries at the seven-nation Commonwealth Summit to impose mandatory economic sanctions against South Africa; 7. Express its deep regret that Britain has not adopted the full range of measures agreed upon at Nassau; 8. Appeal to all the freedom-loving forces of the world to remain steadfast in the historic movement against apartheid; 9. Call upon all governments to impose comprehensive, effective and mandatory sanctions against South Africa; 10. Call for the unconditional release of Nelson Mandela and other freedom fighters of South Africa and for the removal of the ban on the activities of the African National Congress and other political organisations; 11. Appeal to parliaments of the world to use all moral and constitutional means at their disposal to persuade governments and other authorities all over the world to take effective action against the South African authorities; and 12. Call upon the forthcoming meeting of the Heads of Governments and States of the non-aligned movement to redouble efforts to secure the liberation of the people of South Africa from the unmitigated crimes and tyranny of apartheid. [Source: R.S. Deb. Vol. CXXXIX, No. 17, dated 8.8.1986, Cols. 218-20.1

SELECT BIBUOGRAPHY A. Books 1. Commonwealth Secretariat, Mission to South Afica: The Commonwealth Report (Middlesex: Penguin Books), 1986. 2. Doke, Joseph J., MK Gandhi. An Indian Patriotin South Aftica, (New Delhi: Publications Division), 1967. 3. Dumncan, Patrick, South Africa's Rule of Violence, (London: Methuen and Co. Limited), 1964. 4. Gandhi, N.K., Gokhale: My Political Guru, (Ahmedabad: Navajivan Publishing House), 1955. 5. Herbstein, Denis, White Man, We Want to Talk to You, (London: Andre Deutsch Limited), 1978. 6. Huttenback, Robert A., Gandhi in South Africa, (Ithaca: Cornell University Press), 1971. 7. Lipton, Merle, Capitalism and Apartheid: South Afica, 1910-1986 (Aldershot: Wildwood House), 1985. 8. Magubane, B.M., The Political Economy of Race and Class in South Africa, (New York: Monthly Review Press), 1979 9. Mandela, Nelson, No Easy Walk to Freedom (London: Heinemann Educational Books Ltd.), 1965. 10. - , Freedom, Justice andDignityforAulin South A/ica, (Ministry of External Affairs, India and UN Centre Against Apartheid), 1978. 11. Mathur, D.B. Gokhale: A Political Biography, (Bombay: Manaktalas), 1966. 12. Ramamurthy, T.G., FightAgainst Apartheid, (New Delhi: ABC Publishing House), 1984. 13. Reddy, E.S. Apartheid: The United Nations and the International Community, (New Delhi: Vikas Publishing House), 1986. 14. Roskam, K.L., Apartheid and Discnrimnation, (Leyden: A.W. Sythoff), 1960. 15. Sachs, E.S., The Anatomy ofAparfheid., [London: Collet's (Publishers) Ltd.)., 1965. 16. Thompson, Leonard, The Political Mythology ofApartheid, (New Haven: Yale University Press), 1985. 17. United Nations, Apartheid in Practice, (UN: Office of Public Information), 1971. 18. , Basic Facts on the Republic of South Africa and the Policy of Apartheid. 1972 19. Apartheid in Practice, (UN: Office of Public Information), 1974. 20. , A Crime against Humanity, 1976. 21. ,Radal Danaton (A Study by Heman Santa Cruz), 1977. 22. UNEStO, Racism andApartheid in Southern Africa, (Paris: UNESCO Press) 1974. 23. - , Round Table on Aprtheid, (Paris: UNESCO), 1979. 104

105 B. Ardks 1. Bert, H.M.L., "Racial Unrest in South Africa", Strategic Analysis (New Delhi), Vol. 9, No. 7, October 1985, pp. 683-88. 2. Chandhoke, Neera, "Frontline States: The Politics of Destabilization," World Focus (New Delhi), Vol.7, No.4, April 1986, pp. 7-10. 3. Chhabra, Hai Sharan, "Nonaligned and Struggle Against Apartheid, Mainstream, (New Delhi), VoL.XXIV, No.52, August 30, 1986, pp.38-46. 4. Child, Chris, "Role of Foreign Collaboration in Apartheid", Mainstream, Vol. XXIV, No. 52, August 30, 1986, pp. 27-37. 5. Davidson, Basil, "A Modem Slavery", Mainstream, Vol. XXII, No. 33, April 13,1985, pp.27-28. 6. Desmond, Cosmas, "Sanctions and South Africa", Third World Quarterly, Vol. 8, No.1, January 1986, pp. 78-99. 7. Gupta, Anirudha, "The Gathering Storm", World Focus Vol.7, No. 4, April 1986, pp.3-7. 8. - , "Sanctions Against South Africa: Some Issues-and implications", India Quarterly (New Delhi), Vol.42, No.3, July-September 1986, pp. 274-83. 9. Khan, Rasheeduddin, "Nambia: A Symbol of NAM's Struggle against Colonialism", Mainstream, Vol. XXIV, No.52, August 30, 1986, pp. 24-26. 10. Kinnock, Neil, "South Africa: Measures that Matter", Mainstream, Vol. XXIV, No.52, August 30, 1986, pp. 15-20. 11. , "South Africa: Measures that Matter", Round Table, No. 301, January 1987, pp. 22-32. 12. Mangwende, Witness M., "South Africa: Region in Crisis", Secular Democracy, Vol. 19, Nos. 1-2, January-February, 1986, pp.55-62. 13. Moolla, Moosa, "Apartheid: A Beleagured System", World Focus, Vol. 7, No.4, April 1986, pp. 11-14. 14. - , "Namibia: Time for New Initiatives", Mainstream, Vol. XXIII, No. 33, April 13, 1985, pp. 29-30. 15. - , "Significance of the Contribution of India to the Struggle against Apartheid', IN Centre Against Apartheid., Notes and Documents, No. 17/76, July, 1976. 16. O'meara, Dan, "Destabilisation in Southern Africa", Mainstream, Vol. XXIV, No. 52, August 30, 1986, pp. 51-57. 17. Pame Olof, "Crusade aganist Apartheid', Mainstream, Vol. XXIV, No. 52, August 30, 1986, pp. 10-14. 18. Panilkkar, K.M., "Namibia: South Africa's Vietnam", World Focus, Vol. 7, No.4, April 1986, pp.15-17. 19. Rajagopal, D.R., "The Count Down on Apartheid", Indian and Foreign Review (New Delhi), Vol. 23, No.22, September 15,1986, pp.5-6.

106 20. Raja Mohan., C., "Nuclear Face of Apartheid", Mainstream, Vol. XXI!, No. 33, April 13, 1985, pp. 43-44, 50. 21. Reddy, E.S., "One Hundred Years-No More", Mainstream, Vol. XXIII, No. 33, April 13, 1985, pp.18-20. 22. - , "India and the Struggle against Apartheid", Mainstream, Vol. 24, Nos. 11-12, November 16, 1985, pp.23-28. 23. Tambo, Oliver, "Significance of South African Struggle", Mainstream, Vol. XXIV, No .52, August30, 1986, pp.5-9.

PARLIAMENTARY PUBLICATIONS AVAILABLE ON SALE i. Books and Brochures 1. Nehru and Parliament, 1986 2. Parliaments of the Commonwealth, 1986 3. Parliament of India, The Seventh Lok Sabha, 1980-84 4. Parliament of India, 1983 5. Constituent Assembly Debates (6 volumes) Reprint, 1985 6. Selected Mural Paintings in Parliament House, 1984: (i) Folder containing 12 prints of panels with write ups. (per set) (ii) Folder containing 6 prints of panels with write ups. (per sft) (iii) Loose photographs of panels (per copy) 7. Rules of Procedure and Conduct of Business in Lok Sabha, 6th Ed., 1985 8. Directions by the Speaker, Lok Sabha, 3rd ed. 1985 9. Handbook for Members of Lok Sabha, 8th ed. 1985 10. Lok Sabha Members, the Eighth Lok Sabha- Permanent and Delhi Addresses and Telephone Numbers, 1986 11. Reports of Price varies from report to report: List Estimates Committee can be obtained on request Public Undertakings Committee I Public Accounts Committee Railway Convention Committee, etc. 12. Eighth Lok Sabha: Who's Who 1985 13. Lok Sabha Debates (For each sitting) 14. Parliamentary Procedure-Abstracts Series (Nos. 1-26)(per set) 1-85. Each Abstract 15. Broadcasting and Telecasting of Parliamentary Proceedings 16. Expunctions from Parliamentary Proceedings 17. Pensionary Benefits to Members of Parliament 18. Motions and Resolutions in Parliament 19. Question Hour in Lok Sabha 20. Simultaneous Interpretation in Lok Sabha 21. Members of Lok Sabha 1952-84: A Study in their Socio-economic Background 22. Legislators in India- Salaries and other Facilities 5th ed., 1984 Price Rs. P. 150.00 80.00 65.00 25.00 475.00 50.00 25.00 5.00 10.00 7.50 10.00 6.00 65.00 4.00 35.00 1.25 5.00 12.00 10.00 5.00 8.00 8.00 10.00 10.00

Re. 23. Government of India-Subjects for which different Ministries are responsible 10.00 24. Parliamentary Debates, 1985. 12.00 25. Model Parliament: An Introductory Guide, 1985 10.00 26. National Education Policy 12.00 27. National Industrial Policy 8.00 28. National Health Policy 10.00 29. Labour and Labour Welfare 20.00 30. Background to Evolving a National Information Policy 10.00 31. World Environment 12.00 32. National Electronics Policy 12.00 33. National Forest Policy 17-00 34. Tourism Policy of the Government of India 10.00 35. National Nuclear Energy Programme 8.00 36. National Textile Policy 12.00 37. National Agriculture Policy 15.00 38. National Science and Technology Policy, 1985 12.00 39. Welfare of Scheduled Castes and Scheduled Tribes 20.00 40. President's Rule in States 10.00 41. Presidential Ordinances (1950-84), 1985 10.00 42. Legislative Councils in States-Their Creation and Abolition, 1985 5.00 43. CQuncil of Mnisters, 1947-1984: Names and Portfoligs of the Members of the Union Council of Ministers (From August 15, 1957 to December 30, 1984). 12.00 44. Lok Pal 15.00 45. Documentation Series-Agriculture (1975-83),1985 75.00 46. Index to Privileges Digest, Vols. I to XXX (From 1957 to 1985) 20.00 47. Table Mat (Depicting Picture of Parliament House) 25.00 48. Nov Aligned Movement 15.00 49. Nehru-A True Democrat 12.00 50, The Parliament and the Executive in India 10.00

51. Parliamentary Muselum and Archives 52. Vice-Presidential Election in India, 1984. 53. Parliaments and Information Dissemination 54. The Parliament of India 55. The Parliament and Humour 56. Eighth Conference of Commonwealth Speakers 57. Parliament in the Indian Polity 58, Documentation Series-Population and Family Planilng (1975-83), 1986 59. Documentation Series-Biographies 60. Disarmament and Development 61. National Energy Policy 62. Transport in India 63. Constitution Amendment in India 64. Glossary of Idioms 65. Unparliamentary Expressions 66. Foreign Policy of India 67. Indian Ocean as a Zone of Peace 68. Electing the President i Periodicals 1. Journal of Parliamentary Information (Quarterly) 2. Digest of Legislative and Constitutional Cases (Qrtly) 3. Digest of Central Acts (Qrty) 4. Abstracts of Books, Reports and Articles (Qrtly) 5. Public Undertakings: Digest of News & Views (Monthly) 6. Diary of Political Events(Monthly) 7. Documentation Fortnightly (Fortrlightly) 8. Privileges Digest (Half-Yearly) Rs. (percopy) 16.00 2.00 2.00 6.00 5.00 5.00 2.00 5.00 Rs. 10.00 10.00 10.00 10.00 10.00 10.00 15.00 12.00 45.00 20.00 20.00 15.00 125.00 80.00 100.00 20.00 15.00 15.00 Price/Annual Rs. (Subs.) 60.00 8.00 8.00 20.00 50.50 50.00 40.00 10.00