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Economic and Social Council Approved This Resolution by Decision I98I/137

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Economic and Social Council Approved This Resolution by Decision I98I/137 UNITED NATIONS Distr. GENERAL ECONOMIC E/CF. 4/143 5 AND 8 January 1982 EÏÏGLISH SOCIAL COUNCIL Original: ENGLISH/FRENCH COMÎÎISSIOH OÎÎ HtMAH RIGHTS Thirty-eighth session 1 February - 12 March 1982 Item 6 of the provisional agendr PROGRESS REPORT PREPARED BY THE £D_HDC v/ORICTITG GROUP OP EXPERTS IS ACC0RDA1ÏCE UITH RESOLUTION •J \J\JUV\(VII ) OP THE COMMISSION Oil ÏIU1ÏAÏÏ RIGHTS AIÎD RESOLUTION 1901/41 OP THE ECONOMIC A1ID SOCIAL COUITCIL GE.82-15089 E/ Cil. 4/148 5 page ii GEÏÏERAL JEHTEODUCTIOl) CHAPTER I SOUTH ilFEICA „ A. Capital Punishmont .. ,. , . 1. Reference to some relevant lavs . 2. Summary of information and evidence received by the Ad Hoc v.'orking Group of experts 3. The case of the Pretoria, Three B. Violations of the Right to Life, including large-scale ..killings C. Treatment of Political Prisoners, Detainees and captured freedom fighters 1. Reference to some relevant lavs 2. Summary of information and evidence received (a) Treatment of detainees (b) Treatment of political prisoners (c) Some recent political trials (d) Trials of trade unionists (e) "Treason" trials D. Deaths of Detainees E. Alleged Responsibility of Security Police Forces; List of persons implicated in cases of torture .......... F. Forced removals of population 1. Reference to some relevant lavs 2. Conditions in resettlement areas 3. Example s of removals G. The "Bantu Homelands" I^3li_cy_ 1. Summary of relevant legislation 2, Violation of the right of all people to the exercise of sovereignty . E/CiT. 4/1405 page iii CHAPTER Paragraphs 5 . Exploitation of black workers . 107 - HO A, Obstacles to the right freely to pursue economic development Ill - 110 5. Obstacles to the right freely to determine political status H9 - 127 6. Abuse of police powers by the "homeland" authorities 128 - 155 7. Attempts to disrupt national unity and destroy the identity of the blacks 154 II. Conditions of Black, workers 155- 1^0 1. Conditions of workers in the agricultural sector .. 153 ~ 146 uo 2. Conditions of workers in the urban (industrial and I. Infringemenother) tsecto of Tradr e Union rights 14I697 - 119( 0 1. The suppression of the right to organise trade venions 172 - 108 (a) Uiehahn Commission and implications of industrial relations "reforms" l'(2 - 102 (b) Struggle for the acquisition of trade union rights 105 •- 188 2. The persecution of workers because of their activities, particularly as a conséquence of strike action .... 189 - 190 J. Student Movement s 199 - 250 1. Relevant legislation 201 -• 205 2. Student campaigns against the Government's policy of black education 206 - 210 5. Student movements in black universities and schools 219 - 225 A. Student movements in white universities 226 - 250 IC. Other serious violations of human rights resulting from the policy of Apartheid and racial discrimination 251 -- 251 1. Censorship and restrictions on the journalistic profc ssion 251 -- 255 2. Braining s 256 - O/lO 5. Denials of passports and visas , 245 4. Violations of transit rights and of the integrity of neighbouring States 244 O /TO J • Pass laws 245 - 24 E/CÏÏ.4/1485 pagre iv CHAPTER II ITAMIBIA .. Introduction , Â. ^Capital Punishment , 1. Reference to some relevant lairs 2. Summary of evidence and information received B. Violations of the right to__life C. Forced removals of population P. Other forms of collective prosecution of the population E. Treatment of political prisoners__and captured freedom fighters 1. Summary of some relevant laT..'s ...................... 2. The police forces; present structure and United hâtions proposals 3. Summary of evidence and information received F. Situation of the African "bLack xrorkers 1. Background information 2 . Summary of information received G. Conditions of Africans in the •Homelands" 1. Background information 2. Summary of recent developments 3. Summary of evidence and information received H. Impediments to student movements 1. Relevant legislation • 2. Summary of evidence received I. Information concerning persons uho have been suspected to be guilty of the crime of apartheid or of a serious violation of human rights III THE COEDITIONS OP IMPRISONMENT iffl) THE STATE OP HEALTH OP PERSONS CAPTURED AT KASS1NGA AND IMPRISONED AT THE HARDAP DAM CAMP, NEAR MRIENTAL, IN THE SOUTH OF NAMIBIA E/CIT. 4/148 pa,g e v CHAPTER Pa.ragra.ph s IV CONFERENCES, SYMPOSIA ALID SEMINARS 427 - 451 A. U1TITAR Colloquium on the prohibition of a.pa.rtheid, racism and raciaJ discrimination and the achievement of self- de terminal ion in International Law (Geneva, Switzerland, 20-24 October 1930) 429 - 452 B. International Seminar on the "Draft internationl criminal code and draft statute for the creation of an international criminal court", (Syracuse, Italy, 17-23 Hay 1931) 453 - 439 C. International Conference on Sanctions against South Africa. (Paris, France, 20-27 May 1981) 44-0 - 444 D. International Seminar on Publicity and Role of Mass Media, in International Mobilization against Apartheid (Berlin, German Democratic Republic, 31 August - 2 September 1931) 445 - 450 E. Day of Solidarity with Prisoners of South Africa and Namibia 451 V ADOPTION OP THE REPORT 452 Anne:; I Report on the Seminar on "The draft international criminal code and the draft statute for the creation of an international criminal court" held from 17 to 25 May 1981 in Syracuse (Italy) Annex II Report presented by Mr. Annan A. Cato (Ghana), Representative of the Ad Hoc Working Group of Experts on Southern Africa to the International Conference on Sanctions a.ga.inst South ^frica., held in Paris from 20 to 27 May 1981 -jmex III Report on the International Seminar on "Riblicity and Role of Mass Media, in the International Mobilization against Apartheid", held from 31 August to 2 September 1981 in Berlin (German Democratic Republic) Annex IV Statement made by Mr. ICeba M'Ba.ye, First President of the Supreme Court of Senegal, on the day of solidarity with South African and ITamibian political prisoners, on 12 October 1931? in New York ABBREVIATIONS E/CT.4/1485 page 1 GENERAL INTRODUCTION 1. The mandate of the Ad Hoc Working Group of Experts set up in I967 in accordance •with resolution 2 (XXIIl) of the Commission on Human Rights, which was extended and broadened by several subsequent resolutions of the Commission and of the Hconomic and Social Council, was renewed by the Commission in resolution 5 (XXXVIl) of 23 February 1981. The Economic and Social Council approved this resolution by decision I98I/137. 2. At its 1611th meeting on 23 February 1981, the Commission on Human Rights decided by its resolution 5 (XXXVIl) that the Ad Hoc Working Group of Experts would be composed of the following experts, acting in their personal capacity; Mr. Kéba M'Baye (Senegal), Chairman/Rapporteur; Mt-, Branimir Jankovfc (Yugoslavia); Mr, Annan Arkyn Cato (Ghana); Mr. Humberto Dlaz-Cesanueva (Chile), Mr, Mùk.r Govindr Beàdjr (India); ^d Mr, Felix Frmpcor? (ivstxlr), 3. By the seme resolution, the Commission decided that the Ad Hoc Working Group of Experts should continue to examine policies and practices which violate human rights I in South Africa and in Namibia. In that connection, the Commission requested the Ad Hoc Working Group of Experts to submit a report on its findings to it at its thirty-ninth session at the latest end to submit a progress report to it at its thirty-eighth session. 4. In addition, the Commission decided that the Ad Hoc Working Group of Experts should examine, in particular, th<& report of the Secretary-General on apartheid as a collective form of slavery (document E/CN.4/Sub.2/449) and the report on child labour in South Africa (document E/CN.4/Sub.2/447, paragraphs 28 to 30) submitted to the Working Group on Slavery at its sixth session by the Anti-Slavery Society and to propose in due course such measures as it deems appropriate. In that connection, the Group decided to give effect to this decision in the final report, which will contain other recommendations. 5. The Commission further requested the Ad Hoc Working Group of Experts in co--operation with the Special Committee against Apartheid % (a) to investigate the conditions of imprisonment and the state of health of^persons captured at Kassinga and imprisoned at the Hardap Dam Camp, near Marientbal, in the south of Namibia; (b) to study the effects of the policy of eparthei^ 0n black women and children in South Africa, in mformity with General Assembly resolution 35/206 N of 16 December 1980. l/ 6. VJith a view to giving effect to that decision, the Ad Hoc Working Group of Experts carried out a mission of inquiry in London from 29 June to 3 July 1981, as a result of which it gathered certain information. In the light of this information, the Ad Hoc Working Group of Experts dealt with those matters in accordance with the mandate conferred upon it by the Commission on Human Rights. Consequently, this report also contains a study of the situation 0f persons captured at Kassinga and imprisoned at the Hardap Dam Camp, near Marienthal, l/ This study is contained in document E/CN.4/1497 E/CN. 4/1485 page 2 7- Furthermorej the Commission requested the Ad Hoc Working Group of Experts to continue to institute inquiries in respect of any persons suspected of having been guilty in Namibia of the crime of apartheid or any other serious violation of human rights and to bring the results of those inquiries to the attention of the Commission on Human Rights, In that connection? the Ad Hoc Working Group of Experts has drawn up a list of the names of persons suspected to be guilty of crimes of apartheid by virtue of their participation in acts of torture.
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