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SPE.CIAL COI.liTTEm l''OR SOUTH WZST AFHICA Conf.eranoe Room Paper No.I/48 First session 12 April 1962

CONFIDElfl'IAL

~of letter dated 11 April 19§2 from the Permanent ~re s

With reference to your letter !R 212 of the 5th April, 1962, I hnve been directed to convey to you tho following mesaage from the Poreign Uinister of the Republic of : "1. The Government of the Rept1blio of South Africa haa carefully considered your letter of April 5th to Ambassador Fouria. In doing so it has taken into fUll aooount Ambassador Fourie's report on the informal dieousaion which you had with him on the third idem and espsoial17 the spirit of co-operation which appears to have animated your Committee c s approach in the matter.

2. V~le South Africa has never reoo8Dieed UDited •ations juris41otian over its administration of , the.Scutb African Gover.a­ mant has equally oonsistentls maintained its prepareclfteaa - and illdeed ito koen deeir& - to find a way our of the difference ot opiaion that has arisen botwoon the Unitod Nations and South Atrica since the first · session of tho U.ni ted Nations iD 1946 in regard to the status and admirt­ istration of South \"Jest Africa. 'l'he lcmc hiatoq ot past diaC~~ssions as well as the mn.Jl7 propooals put fol"WU'd 'b7 South Africa again at two pre­ vious sessions of the United Na.tions will show that it waa al'W&78 the South African Goverment whiob offered to make and to considv realistic proposals in order to remove this constant source ot friction whioh had tor ma~ years had a disturbing affect on conditions ot harmony and stabilit7 1.11 the territory so neoessar7 for promotion of interests ot a~l those who live in it. 3. The record will also Show that where the South Atrioan GoverDm&nt waa not pt"epared to adopt meaaures required b7 the Ullited. lJationa, ita attitude was dictated by its juridical poo1 tion. '!he OovermD8nt of South Atrioa cannot now be a part7 to a.QT proposal or aotion which could ~ly a departure therefrom. 4o In this connection JOUr-attention is invited to the terms of rater- enos of the Comittoe u.s set out 111 su'b-parasrapha (b) to (h) of para­ g.Mph 2 of resolution 1102 which in effect requires South Atriaa to acquiesce 111 a torm of United Nations F!sdiction which lftT Ooverr:aont has co.nsistentls denied and still deldea. Purthe1'110!'8, this is a 1111.ttv which· i s at :proesant the subject of judioial action before the IDternatioD&l Court. Tho steps anviaapclin au~aarapha (:a;) to (h) of parasraph 2- axoeed even tho juriecliotion prev1ou.s}7 vested 1n the LeQ8\le ct .lations. r •

5o If, howover, t he Governmcntof South Africa ia correct in ita tmpreasion t h&t it is tbG desire of your Committa5 to ostabl1Sh contact with the Govarn.rsont l'or tha purpose ot conducting diaousaions aimed at finding a way out of t!le present impaase w1 thou·~ requiring the .B e~blio to coi"Jpro 1se its ju:ticlioiliPoeition or to discuss wb-,paragrnphs l b) to (h) of psragx-eph 2 o:f r solution 1702, sq Govsri'J2ent would gladly Uftd~ t~e to coaoperate to t he extent possible for it to do eoo 6. In the oircumstahoea it has bean deoideci o extend :to ou as Chair­ man and, if it is so d&aired, Bl so to your Vice Chairman, an ~itatio 0 V1s1 tlia - ep~bl 1 c as auesta ot t ho Oove.rnmant wi t h the 8.81!Urall08 that . $ ver.nment woul d t hon be prepared tbout e udioe to ita Errioual..Y tatad poeit ion, to enter 1nformall1 into a r9View or the matter nt Issue bel woen e lJnited :Nations and the South African Governmont. Unfortwmtal.7 it would not be possible to invito 7our whole Committee as this could be open to an interpretation prejudicial to South Africa's position in tho ~ . case. . a·~ present pending bef'oro the International Court ot Justice. 1 o · !:l as a rosul t of d1scuoa1ona at Pretoria it ahould appe~ advisable that you and your Vio&oebairmaD ahould also visit South Ylest Africa far 1tha purpose of acque.1nting 1Quree-lves with the territo17 nnd its peoplee then such ~visit can be arrangedo" I ~ CR.l3 (4-59) ROUTING SLIP

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I

IT y

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_!_ YOUR COMMENTS ATTACH RELATED PAPERS Union Hotel, Pretoria. 25 May 1962

Dear Dr. Protitch,

I have received and answered a cablegraa from you yesterday, which presumably reflects increased bewilderment in New York as 110re and more striking statements attributed to our Chairman are reported there.

M:Lss Yarrow and myself', as well as the Vice-Chairman, have repeate4ly advised him against the propriety of statements to the Preas at ~ stase, but he has relished the bask of publicity. We have lived :mc.ent s of uguish through public speeches and interviews, never knowing what indiscretion will come next.

Miss Yarrow and I also repeatedly warned the members that it was desirable to request the South African authorities to extend the tour of SWA by two or three days, since the latter had stated that the party could see additional places if they wished. 'l!lere was no reaction, however.

We have, therefore, passed five days touring South Africa proper. 'l!le weekend in the Kruger Park was a justifiable period of relaxation after a very strenuous tour, which taxed the physical capacities of the Chairman and Vice-Chairman to the utter110st. 'lhe tour of the Transkei was a somewhat more questionable a:f':f'air , but a useful. background. M:Lss Yarrow and I warned the 11eJibers that they should avoid co.uenting on devel~nts there. Neverthe~ess, Carpio at a meeting with Chief Botha Sicgan and his couucillors in East Pondoland made a ringing speech of support for the Transkeian experiment (which of course is not without its good features:~ but about which he had not even heard before arriving in South Africa) w1 th PresSIIen listening outside through the windows. We were able to get that speech o:f':f' the Press. However during the past few days Carpio had been mald.ng litt~e statements to the Press, in which without explicitly approvi.Dg , he suggested that he had ~earnt m11ch that was more favourable about it since his arrival in South Africa and that it w~d be interesting to see if it :.at with success. I explicit;l:y warned him against such statements, as did I believe the Vice-Chairman, stating that in partie~ they were sure to have repercussions overseas. He to~d me in reply that the statellents were deliberate "dipl.olllatic" maaou.vres designed to make the South African representatives more uenab~e in the discussions at Pretoria and declining to change his line.

We have had one day of such discussions alrea~, which have been not very productive. 'l!le South Afri can authorities sought from us assurances that we had seen no threat to internationa~ security from within the Territory, mi~itary preparations or signs of extermination i n our visit to the Territory. Carpio was re~uctant to concede any of these points, which in fact correspond with our observations in the Territon and particularly angered the South Africans by not giving up the possibility of the charge of extermination, al~eging that our tour had been insutt:l.cient. , ..

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Mr. Verwoerd at one stage cut him short when carpio repeated this possibility, and stated that another and longer visit by the whole Comaittee was necessary in the immediate future in order to dispel this and other charges.

'lhe South African representatives declined to envisage any possibility of i.mmediate requests for U.N. Technical assistance or other sillilar JDaDifestations of U.N. help to the Territory, though they held open the possibility of further visits such as ours if in fact the present visit resulted in an improvement in relations between the U.N. and South Africa.

'lhe one somewhat positive feature of the day's proceedings was an account by Dr. Verwoerd of some steps contemplated in a five-year Plan now being drawn up for the econanic and social developaent of the Dative population of South West Africa. At that 1 t is sJIIBJ..l Crullbs.

1 We go to Nairobi, where we shall stay not more than one week. Personal.ly I regret even so short a stay, when members are obviously desirous of knowing what we have done in New York. I regret it even /-k /U~ more so on personal ,;rounds, because Ill¥ wife has been having heavy f8111l.y anxieties at home. I would like saaeolle from the office to ~"(..1 1'1-- ..-Hz, contact her and assure hi.maelf and inform me that all is well. uw,rr 4~~ We plan to stay at the New Stanley Hotel in Nairobi, though .uul /fl"'~- &, bookings are not yet confirmed. ~.(~)~~ .PU ,:i-'Vl,.I.Y~ ,tr Yours sincerely, ~~ · Ian Berendsen...... CR.l3 (4-59) RpUTING SLIP

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5 28 llay 1962

The following cablegram containing the toxt of a joint statement issued by tho South African Prime Mla1ater and the Uiniater of Poreign Affaire and by the Chairman and Vice-Chairman of the United Nations Special Committee for South West Africa has been received by the Seoretariata PRETORIA "DISCUSSIONS BET\'iEF.N AMBASSADORS CARPIO AND ~lARTIN'EZ DE ALVA AND THE PRIME IIDIMEJt JUID '1'BI: LtJtJmrell r. J'OIEmJ Aft'ADS tiEIIt MBJUED · Ill '1'BE SAtm ftJElD)LY Arm ftAK ATU:OSPHFEE THAT CHARACTERISED TH3 FORMER J&El:."l'IN'GS. AMBASSADOR CARPIO EXPRESSED THE APPRECIATION OF THE VISITCitS FOR ALL THE ARRJ~ UADE Am> 1'00 'l'BE PREE AND UlfiNBIDITED OPPORTtml'l'IES GIVEI TO THE VICE-CHAIRKAN ABD HDISEIF TO liEE'1' \11TH ALL SECTIONS OF THE POPULATION OF Sotml \lEST AFRICA DESmiNG TO CONTACT '.l'Bm AND HOPED THAT FURTHER VISITS GOOLD II THE FUTURE BE ARRANGED. ''Ill REPLY TO A PHOPOSAL THAT rtnrrlllm VISE'S BY PERSONS CONBECTED \'11Tll THE U:Rtl'ED :R'A'l'IOl'r.J COOLD USEFULLY BE .ARRANGED PARTICULARLY OlE BY THE tlHOLE SPECIAL COIII.UTTEE FOR SOlJ'l'E \'lEGT AFRICA THE PRDIE llllUS'l'ER STATED 'l'HAT IT 'i:OOLD BE BEST TO A'riAIT THE ISSUE OF THZ REPORT OF THE CHAIBW\lf AND VICE-CHAIRUAB AND ITS lrnCEPl'IOli BY THE COtff.f.rlWI'E:C AND THE GENERAL A&l:E:JBLY BEFORE CONSIDERING THIS MATTER FURTHER. HE ADDED BO\':EVER AS f.:AO DlDICATED D THE INVITATIOlf EXTENDED TO Tit:: CHAimlAN A.l'ID VICE-CHAIRlWf THAT SOOTH AFRICA COOLD 1101' BE EXPIOOTED TO RB;EIVE A Cor.u.D.TTEE r:ITH IRSTRUCTIONS TO ACT COJTRARY TO THE JUB.IDICAL POSITIOlf OF THE R::RmLIC OF SOt1rH AFRICA • "REQUEST OF THE PR:n.IE l4INI3TliJl BOl'H THE CHAIRIWJ Am> THE VIOE-CHAilUWf GAVE THEIR II4PBESSIOWS GAINED DURDlG TREm TEN DAYSVISIT TO THE TERRl'l'ORY. THEY STATED THAT IN THE PLAC3S VISITED THEY HAD FOOID 10 EVIDntCE Am> JIEABD NO ALLEGATIOE THAT THERE \1AS A THRE.I'T TO Dl'ERlfATIOlfAL PEACE .AliD m!X:URI'l'T t'ITBD SOOTH m:gr .AFRICA 1 THAT THERE \'JERE SIGBS OF IIILl'l'ARISA'l'ICII D THE TEBRI'l'ORT t~ OR 'l'BA'l' 'l'BE IIDIGENOOS POPULATIOB WAS BEllO EX'l'EJUIIliATED. '\'lJIILE BATURALLY A DEn-AILED DVESTIGATIOB AS TO THE ~S'l'IOlf OP '1'BE Dl!1l'Elfl'IOI' OF POLITICAL PRISOBERS COULD 1101' BE UADE THE CHAimlAB AID VICE-CHA:mJIAB BarED THAT NO CASE OF D:En'ElfriOJ' OF POLITICAL PRISONERS liAD BEEI nROOOlll' TO 'l'BElB ATTElfl'IOll' DURDG 'l'BEm VISIT o 'l'HE'f HAVE BOOEVER RECEIVED ALLEGATIOJ'S 'l'HA'l' A n::·: PlmSOBS HAVE BEElf REPATRIATED TO OVAmSOLAJD

j} '"l'lm CHAimlAN MID VICE-CHAIRMAN \".'ERE IBFOmtED BY THE SWl'R AFRICAN At11'HORI'l'IES Al1D 11<7l'ED THE :CXISTER:;E OF A BillE lWl UILITARY ADUIIIS­ ftATIYE JIEA]XJJAR'l'ERS D \'JIJmBOEL THmE IS ALSO A UB1'l' OF T1B Cl'l'IZEIS FORCE ¢1HICii UBDERifOES TRADING FCE T\':0 \!EEKS PER ANHUJI) r:rru 17 orJICERS AND 206 Ol'HER RAJIKS o" = 2 ·-

"IN THIS CONNECT ION THE QUESTION ilAS RAISED \JHE."rlmR THZ SOt1l'H .AFBICAB GOVBH!I'tSNT UI<.mr NO!' \'!ISH TO ASSOCIATE Ol'C OR T"~:o EXPmTS FROK BODIES SUCH AS FAO Am> \','HO \'.'l'l'H 'l'HE PREPA:i.ATIOII OF THE DL"VELOPMENl' PLAN i'JBICH THE GOVEBltJEliT HAS m mND. THE PRDJE IIIBISTER INDICATED THAT IP THIS DEA SHOULD BE FAVOURABLY RZC:IVED THE SOUTH AFHICAif GOVERJr.JE:m' iiOO'LD BE PREPARED TO EXPLORE THE POSSIBILITIES OF mviTmG ONE at T\VO EXPERTS t'ORKING IN PARTICULAR FIELDS \11TH r;uo AIID/ OR FAO UHO COULD BE CONSULTED OB MA'l'rERS IN REGARD TO WHICH THEY ARE PARTICULARLY QUALIFIED. "II REPLY TO A PROPOSAL THAT FUNDS AND OTHER TEX:HNICAL ASSISTAJCE COULD BE PROVIDED THROOGH THE SPmiALISl!."'D AGENCD:S T1IE PRIUE JIDISTER STATED THAT SOt1l'H AFRICA HAS BEEN HAPPY IN PAST TF..ARS TO GIVE TECHNICAL ASSISTAICE TO Ol'HER CotmrRIES. PURTHERJlOOE THE !lEEDS OF oriDR STATES i'JERE SO GREAT AND COULD SO STRAIN UHITED BATIOlrn RBSOURCn8 THAT Sotrl'H .AFRICA FEI/1' IT TO BE ITS DUTY TO PROVIDE THE FtmDS AND TmHlflUAL SFBVIC~ ll' SOlJI'H \'IES'l' AFRICAN RESOURCES. JKBlEVER SHOOLD LOAlf FUlfDS FR FOR THE DCBEASING liOIIEUROPEAlf POPULATION IN THE SOUl'HERlf PORTION OF SOt1l'H \lEST AFRICA TJG PRIME IIINISTER OO!'LIN'ED THE lmrHODS BY JIE/11:) OF WHICH ADDl'riOlfAL LAJD COULD BE liADE AVAIL­ AB!aE. "A SUBGE&l'IOB i:AS ALSO PUT FC!li':ARD THAT USE SHOULD BE KA'ro OR BURSARIES OFF:EIU:.""'D BY orHER STATES OR THE Ulll'l'ED NATIONS FOR PERSON'S FRW SWl'B VIES! AFRICA TO S'l'UDY AH!OAD. IRFORMATIOlf WAS GIVElf OB THE mENSIOlf AIBEADY UBDER \'lAY AND PLAXIlED OF THE :rDUCATIONAL SYSTDI A1'm THE HOPE ViAS EXPRESSED THAT BE'l'I'~ USE \';'QULD BE IIADE BY THE ImiABl'l'A!II'G OF· SUCH J'ACILITIES. Jma'Bl!}(­ ll VICE-CHAIRJ.IAB' INFORIJED TilE PRmE UDIS'l'ER TJIAT C!!M'AD PER­ SOBS \'lBO BAD UAD!l: REFRESEltrATIODS TO 'l'HBII HAD EXPIIESSED r:'~S THAT 'l'HEt IIIOill' SOFF3R FOR HAVING EXPRESSED OPDIOBS COlft'RAR'f TO THE VIBr.S or 'l'Ht GOVI!RE!EI'.L' o THE PRIJJE IOlfiSTJ!Jl ASSURED THE A!IBASSADORS THAT IN ACCORDAIICE ~.l'l'B ICJUIAL PRACTICE EXPRESSIONS OF OPniiOBS TO '1'Bal WOULD lfC71' LEAD TO ACTIOB BY THE AtmiORITIES AGAIBS'l' THE PERSONS COlfCEJUmD. THE PR::E ACCESS TO TmJl Ill PRIVATE WHERE THIS \"lAS DESDlED PROVED THE BOrfA J'ID.I!S C. TUE OOvmtii.Dlfl' D THIS UA'rrm. "D REPLY TO AB EIQUDlY \VHm'IOOt SwrH \'1ES'l' AFRICAlf POLITICAL EXILES 'i:OOLD BE ALLO\'lED TO JU:.""'TURll TO TlC TffiRrroRY THE PRDIE IIDI$TE& S'rATJID TBA'1' 10 PERSOlf BAD BEE1 EXILED BY THE ~. IlmABl'l'Alfl'S W SotJrH fi'ES'l' AFRICA r:so Lm THE TERRrl'ORY WOOLD BE AT Limm'Y TO RmURll. D' HO:IEVBll ARt CF 'l'Jml SHOULD HAVE COM'RAV1!lfED TliE LAW THE APPROPRIATE JUDICIAL AtmlORl'l'IES :·;OULD HAVE TO COISIDER ON THEIR RE"l'lJRN THE RELEVAM' CIRCUW11'ABCES II EACH CJWE. "C71'11m IIA'!'r!"ltS \':ERE RAISED AND .AJ'l'Ea DISCUSSIOB WERE Bai'ED FOR :rtJilTlJm COli­ SID'ZRATIOB •" SPECIAL CW .:rrTES FOR SOt11'H -::ES'.l' AJ'BICA / 29llq 1962

The Secretariat was inf'ormad b7 cablegram received on 28 Ua.7 1962 from Pretoria that the Chairman of the Special Comittee had been trana­ ferred to hospital on 27 U8y tor a week to ten d~s. It was fUrther atatod that the illness was not serious and that the Vice-Chairman, Ur. Martines de Alva and the Secretary of the adss1on, Ur. Jerendaen, would be proceeding directly :to lfe•·' York. The other member of the Secretariat,

JU.ss Yarrow, oould sta.r until Yr. Carpio had iaproved. CR.l3 (4-59) •ROUTING SLIP

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PHILIPPINE MISSION TO THE UNITED NATIONS

27 June 1962

Excellency: I have the honor to inform you that I have been designated by my Government as its Representative on the SJ~ecial

Philippine Ambassador to the United Arab Republic.

Minister Privado Q. Jimenez, Deputy Permanent Representative of this Mission, is the Alternate Representative. Accept, Excellency, the renewed assurances of my highest consideration.

(Signed)

JACINTO C. BORJA Per.manent Representative

His Excellency The Acting Secretary-General United Nations, New York .. "'

SPECIAL COMM:PP11EE l<"UR SOUTH WEST AFRICA Conference Ro()ID Paper No. I/75 fuiJ't session 2 Jul7 1962

.~tter dated 27 June 1962 from Mr. Victorio D. Carpio, Ambassador of the P}:dlippinea in the United Arab Republic, addressed to the Under-Secreta;r for Trusteeship and Intol"'IB tion from Non-Self-Governing Territoriea

June Z1, 1962

Dear D. Protitcha

Due to 11\1 inability to attend future meetings o'f the Special Comnittee for South West Africa in !few York because of rJ13 duties as Philippine Ambassador here in Cairo, I hereby tender ley' resig­ nation as Chairman of said Special ColliDi.ttee.

I should, therefore, request you to please have this letter of resignation brought to the Committee's attention.

Very truly ;yours,

(Signed) Victorto D. CBrpio VICTORIO D. CARPIO Ambuaador

Dr. D. Protitoh 'Uildereeoret&J:7 for the Department of Trusteeship and •on-Self'....cJcmtrning Territoriea UDited •ationa lin York C1 "t7, lf.Y. · U. S. Ao SPECIAL CO!·'m.:I':rl'SE FOR ~U?B tf2ST AFRICA Conference Room Paper No. 1/84 First session 23 July 1962

Hew Yol'k, 16 Jull' 1962

Sir, I have the honour to ad.dress you w1 th raf'erenoe to the O()llll!11mi~uA iaaued on 26 l:lq by the Prime ra.nister and Minister ot Estarbal. Af'tairs . . of' the Rept.tblio ~· South Africa, on the one hand, and the Chairm3n aDd Vice-Chairman at the United· ;Natic;>na. :;pecial Committee f'or :Jouth West Atrica, on the other hand. In this comiei:lon t ·Wish· to make pl~, on the expr•ss instructions of' the ranis try of' Foreign Af'f'airs of' Mexico, the position ot my Government with respect to the aforementioned oonmmique, this being necessary both on aooount of' the Pf;Lrt played in the dra.t'ting of' the communiqu' by Ambassador Salvador Martines de Alva in his oapacity as Vice- Chairman at the Committee and on account ot the subsequent reperousaicms of' the said document. In the f'irat place, the Government of' Ilexico ·Jia& no prior lal01rledp that the oommuniqu6 was to be issued, or, muoh leas, of' 1 ta contents. Indeed, it was only throuah the internatioJUI~ presa services that my aovunment first ·learned of' the C()DIIlDJDiqul in question. It should be pointed out 1n this oonn&rlon that the customary prooedllre in suoh ca.aes would have been tor the Chairmrm and Vioe-Ch4irmaz1 ot the Commit­ tee to have reported to the latter before taking upon themselves the responsibility of' making a joint declaration with the S011th AfrioaD Government. y Letter received on 23 Juq 1962. -2-

On the other hand, I would point out that in my opinion due consideration should be given the explanation offered by Ambaaaador l!art:!nez de Alva in this oormaxion, name!7, that when a repreoontatiw in a United Nations organ or committee, acting in an elective oapaoit;y, assumes the role of an official or repreoentative of that organ or oommittoa, he need not, genera.l}3' apeald.ng, receive instructions in that oap:wi ty from his Government, since he must be guided in his con­ duct exclusively by the mandate conferred on him for that purpose by the body which elected him or authorized him to aot as its representa­ tive. This statement is the more applicable to the pre3ent oase seeing that under the terms of tho repl7 given by the Chairman of the Speoia.l Committee for douth ;teot Af'rioa to the letter dated 11 April 1962 ot the Permanent Representatiw of the aepublio at South Africa, the Chairman and Viae-Chairman were to enter inf'ormal.l7 into a review of the matter at isb-ue between the United Nationa and the :.3outh African Government. It is clear from the foregoing that Ambassador Martinez de Alva never thought that the oommuniqu6 should express the views of the

Oovernr:lent of r.:onco, a&$ indeed it does not. Turning now to the actual content of the document under discussion, I 1dsh to state that neither m7 Government's tra.ditionalJT anti­ colordalist poai tion nor its position on the speoif'io case of &:iouth Wast Africa, have varied by one iota. 'l'his being so, it ia obvious that if it had been consulted on tho oontenw of the O

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reaffirm my Oovarnment's deop faith in the ulticate objaotivee of General Assembly rooolution 1514 (XV) and its oinoere desire that the new States attaining independence in exercise of the right of peoples to self-deterraination should do so in conditions ensuring the political,

economic and social advancement of their inhabitants. It~ be per­ tinent to recall that in lUI'SUi t of this policy the t1e:rlcan delegation in the Fourth Committee went so fa.r a.s to wggeat, during the sixteenth regular aeeaion of the General Assembly, tha.t the United NatioDS, in its oapaoity as successor to the League of Nations, might if necessary revoke tho mandate conferred by the latter on the Union of South Africa on the ground that the Government of South Africa had not complied nth the obligations it had freely assumed in o.ooepting the mandate, and that the administration of South Wect Africa. might in that event be

assumed direotl7 b~ the United Nations for the period required to prepare the Territory for independence, the objectiw contemplated in General Assembly resolution 1702 (XVI). Having made that clear, I should now like to inform ;you that rq Government, in responae to the request made to it by the Jpoial Oommi t­ tee for South Vest Africa, has instructed Ambassador Martinez de Alva to 00111e to !Tow York in order to report to the CODllllittee, in his oapaoit7

as its envo7, on wh~ t he saw and heari during the visit he made in accordance with the Mission the Committee had entl.usted to him. I

believe it fittinG to point out tha.t rq Goverment mo.intaina it~ con­ fidence in. t~ integrity, good fa.i th and oerlousness ot purpose 1dliah Ambaasador Salvador J.Iartines de AlV".J. has oonoistently de1:1onotra.ted throushou t the long Jears ot his service. Yi th reference to the letter sent to 70'1. on 16 June by Ambassador Victorio Carpio, I cUU enclosing herewith a cOI!III!mioa.tion from AmbQSsador l·Iariines de Alva which he haG a.o~ed to have oircula.ted in the aame 1rq as Ambassador Carpio• s letter. In this communication, Ambassador ~-iart!nez de Alva explaiM the oiroumstances in which the oommuniqul :referred to in the first para.gt'a.ph of' this letter waa drafted and ismecl. .. •

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I would r~queat you to have this letter circulated to all l-lembera of. tha United lla.tiona. I have the honour to be, etc.

Luis Padilla. Nsrvo Permanent R~preaentative ot Mezioo to the United Nations

lfr. Dragoslav Protitoh United Nations Under-Secretary for Trusteeship and Intormation from Non-Self-Governing Tarritoriea Bew York, B. Y. SPECIAL COI·OCI'l"l'.EE FOB OOU'l"H liE3T AFBICA Conference Room Paper No. 1/85 First session 23 Juq 1962

Lett~ dated 16 JulY 1962 from the Permanent Representative of ~axioo to the United Nations .~dressed to the Undar-daoretary 11 for T~steeahip and Information trom Non-Self-Gov~nine Territories~

Mexico City, 16 July 1962

Sir, I have just received a copy of the letter of 26 June (Conf~renoe Room Paper No., 1/72) sent by I·~. Victorio D. Carpio, Chairman of: the

~pecial Committee for ~outh Waut Africa, in roply to a cable from the Commi ttaa amtill8 him to state when he intended to return to Neu York, inasmuch as it wa;; urBQnt that a report should be oubmi tted. 'l'he Chairman of the Special Commi tteo said in his reply that he had been and continued to be :;iok and that hio return to Net., York would depend on when the report waa ready for b~bmiaaion. He Gt~ted that he had intended to write the report at Ua:lrobi before presenting his credentials as Ambassador at Cairo but thd.. t it bad not been possible for him to do so bacua.ee z,1r.. Berendaen and I had clocidad to return to New York, laa.vill8 him in a hospital., Accordingly~ lh-. Carpio aaid, the report would nw. have to ·be drafted by means of coruJ!.ll ta.tions carried

on between Ne\i' ·rork ··ad ~kdr" and, ::lC a result, would not be read;r tor submission un-til mid-Julyo If his prel:lenoe in Jil'ew Yor k .ao desired a t tP,a. t time' he '\oTOUll 'be alad to go there it' his Government gtta.nted him permission to do S(J u.nd if' the United Nat .ona p.::dd h.i.o expanoeo there and ba.oko At the sume til:1e, X.Iro Carpio s a.id, lt was his ·iJ:lp:rea~ion tba.t th6

Special Cl)lllllli ttae w.:.o a.n:rlo'. .ta to heu.r all the f

bad becm issued by tho Prime r.linister of South Africa and myselt.

He oaid that he had not o~ his position on ~parthe~~ in the slightest degree. Havins been a bitter enemy of that reprehensible s13tem for many yearo, he certainly cwld not have changed his vie.wa overnight. Above all, he had seen nothing .:luring hiu visit which · owld have CijU,oed him to alter those views in a.ey way. llith regard to the joint conmttlique "issued by the Prime I•linister",

which s ·ta.ted that we had found no evidence th~t the situation in South Ueot Africa. was a threat to international peaoa :.!l1d seourity, that the Territory wns being militarized or that the population was being gt"aduel.ly extormi.na.ted, l.ao. Carpio aaid that he felt obliged to dis­ aooio.ta -·· s elf canpletely from a:n'3 participation in the isauance of' that document and, of' course, tram any responsibility for its drafting and issuance. I see no need to repeat here any of' tho other statements which Mr. Carpio makes in !lis letter, both bec::.:.uee the letter hau been circulated to the member::J of the .3peoia.l COiilllli ttee at hio reque.:;t and because my oole purpose in writing thio letter is to c011111ent on l-fr. Carpio's unequivocal st;..t.tement that he wishes to "dissociate rnJ3elf' completelJ from any participation in, or reoponaibility tor, said communique" and his further assertion that he never gave me his con­ sent for the issuance of tho communiqu6.

Since the aooeptanoe of r.~. Curpio'a utatements in this rGp.rd might reflect on m"'l' V

ments, we should not make :my separate at-.~.tementa but rather issue a joint communique at the end of our tal.lo> whioh would in-lic:.:.te all the -3-

resultu achieved. Thus, the Cha1l:man and Vice-Chairman of the Jpecial CCliiiiDittee vere in agreement with the Prime Z-11nister from the outset with rega.rd. to the issuance of a joint communiqui.

I ohall not giw an a.ooount h•re of our viait to ~outh West Africa, sinoe the place for that will be in my report to the Special Committee {whioh I uhall submit either jointly or separately, depending on the ciroumtanoes). I merely wish to point out that at our meeting with the

Prime I-iiDiuter on the morning of 25 ~, following our return to

Pretoria, l-!r. Carpio and I once ag~in g".J.W our approval for the issuanoe of & joint communiqul. It was therefore a.sreed at that meuting tbat two members of the Prime. I•linioter' a stof'f and the members of our own staff should be asoianed to prepare a d.ratt, which we were to examine at the meeting scheduled for 4 o'olook that afternoon.

The per~ons assigned to prepare the first dra:tt ot the cODIIII.Uliqu6 held an immediate meeting, and, after they had reached agreoment on a draft, J.Jr. Carpio, our seoreta.riea and 'E apent the hour between 3 and 4 o'clock ::rtudying it. l.Jr. Carpio auggasted aevara.l dra.f'ting cb.a.nps, which I immediately a.ocepted and l1hich were promptly noted down in the drJ.f't. r.~. Carpio thereupon stated that, uinoe he i18S feeling unwell, he wouli not take part in the meeting that afternoon. As he had already oet forth hia views to me and they ware in accord with my own, I bad no objection to attending the meeting alone. At the rneoUn.~, we discussed the dra:t't comrmmiqu6, which was acceptable to a.ll of us in its bmad. outlines. However, since Mr. Carpio vas absent, I stated that I oould not give final approval to the draft on my own exclusive responsiblity. I therefore reque~ted that we .. . should meet again the following day (26 r.1a.y), J.fter I had once again consultad the Chairman of the Committee, in order to '-l.dopt a final tert. · Before adjourning, we prepared a. fair copy of the second draft, which I took to l•lr. Carpio that evenin8 for his peruflal, offering to return the nut day to consult him before going to the f:i.na.l meetingo =4=

Accordingly, I went to !l..r. Carpio aa apartment on Saturday, 26 Mal' 1 at 9 a.n:., to speak to him, as we had agreed, and accompa.ny him to Government House. Mr. Carpio stated that he .felt extremely unwell and that I should therefore ta.~e charge c>.f everything. I replied - in the presence or our secretaries, tbo had just arrived - that I would on no account do so. I added that if he was dead or dying - but only then - I would not hesitate to take the necessary steps on uq personal responsibility to bring our mission to a successful conclusion; since that was fortunately not the case, however, I was prepared to act only with h.1.e f'ull knowledge and consent and therefore requested· him to accompa.ny us to the meeting, where he could present 8fl7 views he might have with regard to the camnuni.qul ..

Since I could not induce Mr. Carpio to attend the meeting at Gov~t House with me, I prevailed upon him to examine the draft communiqu6 together with the two secretaries and uorsel.f. The result was that he approved the complete text with the exception ~ tor the time being - ot paragraphs J and 4, which he wished to present in a different manner. With regard to the two paragraphs, the secretaries and I pointed out to Mro Carpio that the ma.tt.ers dealt with in them had been discussed at the meetings and that the wording contained in the draft reflected that discussion.

We said that the paragraphs must not be distorted in any way 1 since the COIIInuni­ qu6 which we were preparing had to be a completely truthful presentation and, as a text issued jointly bY the participants in the talks, would actually be all there was to su'tlllit to the United Nations as the fruit. ot our efforts.

Since Mr~ Carpio cmtinued to press his objections and it was unthiDlcable that I should attempt. to exert. pressure on him in anr way. I took lean of him, leaving him with the secretaries assigned to us by the United Nat1oos, Before leaving Mr. Carpio 9s apartment, I earnestly requested him to send worct. to me through the secretaries of Whatever he decided• Bince otherwise it would be impossible to avoid prolonging thtf discussions and to reach agreemmt on the coDI!lUlliqu~o Fortunately, Mr. Berendsen and his assistant, Miss Yarrow, emerged .flrall Mr. Carpio ns apartment less than ten minutes later and informed me that Mr. Carpio had finally yielded to perall!.l.aion. They said that he gave me tull •

authority to accept. the joint comnmiqu6 as it had been drafted, including

paragraphs 3 and 41 but 'With the changes on lddch he had been so insistent (and on which caref'ul.notes had been made).

We therefore set out at onoef'or "Libertas11 , the PriDle Ministerss official residence, where, becawse ~, f' the events just described, we arrived somewhat late. At the Prime Minister's residence, we once again discussed in detail eveey idea and, indeed, eveey word in the communiqu6. Although we attempted to perfect the wording as 1111ch as possible, we tul.l7 respected Mr. Carpioes

wishes in eveey wq1 even as regarded the minor changes on which he had insisted. Att.er our secretaries and the South African officials had canpared the copies prepared for the Press with the dratt which had resulted from our joint efforts, includiDg those of Mr. Carpio, we had a few moments ot conversation with the Prime Minister and then took our leave of all those presmt. I do not lmow what I would have done if Mr. Carpio had not unequivo­ cal.l.T given me .tull authority to approve the joint cODII1Ulliqu6. I would probably have asked that further meetings should be held, and our entire mission would probably have ended in failure. However, since Mr. Carpio had authorized me 1n the presence of witnesses, in the manner indicated

above, to approve the cCIIIIlUZ'dqu6 on his behalf', I 'NB.S glad to give approval. to the .t"1nal draft on JIG"

accurate, that Mr~ Carpio was entirel,y satisfied with the part, he took in drafting the joint cCIIIIIUDiqu6 and that he gave his approftl. to eve17 paragraph.

Mq I sq1 with reference to the next to the last paragraph in Mr. CarpioDs letter, that I am sincerel¥ desirous of consulting with him in an effort to find a basis tor sul:ld.tting a joint report. to the CCIIIId.ttee, provided, ot course, that the CCDDd.ttee requests such. a report. -

I tdsb to state in conclusicm that I baw alwqa rejected apartheid on both political and moral groUDde. eYen in its moat llm:J.ted. torma. aince it ·repre:sents a ccmplete denial ot hUDmn d1gnit7 and is lilol.l7 at ftrl.ance with rq convictions

(Simed) Salvador Mart1nez de Alva Ambassador ot Mexico Vice-chairman ot the Special Colllllittee tor South .~est Africa

Mr. Dragoal.av Prot1tcb Under _Secretary tar _Trusteeship and Intormation from Hon-&tlt-COteniiri& Territories United Rations, Hew York SP~.D.L CO!~t.TITI!:E FOH. SOUTH WEST AF!U:CA Conference Room Paper No.I/86 First session 24 July 1962

~t,t~~t_!'d !i?Ju1L~ !rom th.!_ Pe!!!l!!lent Rttl2.r.!_sentative o! Mexico to the United Nation~ addressed to the Under-secretary for Trusteeship and Into~ ~ion tro~iqa-5elf-Govgrning Territories

Mexico City, D. F., 17 JUlY 1962

Sir, I have the honour to refer once more to the letter of 16 June last, addressed to you by the Chai:nnan of the United Nations Special Colmlittee tor South W'est Africa {issued as Conference Room Paper No. I/72 of 26 June 1962), in order to give l'lf¥ views, ae Mr. Carpio desires, on the form am content of the report which we have to subndt regarding our visit to South Africa and South West Africa, md likewise regarding our l'lark, observations, conclusions, etc. In this connaxion, I consider that the report should be drafted strictly chronologically, since the presentation of events 1n the order in which they occurred prepares the mind of the reader rationally, without infiuencing or predisposing him 1n onedirecti en or mother. Accordingly, the report would begin with a summary of what 18s decided upon by the Special Co1ur.i.ttee, during the period from its first to its last meeting, with prime emphasis upon the Coiiiilittee•s adoptioo of a discreet, calm and courteous approach with a view to establishing and developing our relations, t.irat .ttb the representative of the Government of South Africa and then with the Pretoria Governmento Thereafter the report might deal with the conditional invitation received. !rom South Africa and its acceptance, without objection, by our Committee. The report might then go on to speak o! the decision that I Jll'S•lt should be a UI£:Dlber of the Sub-Committee which was to visit South Africa and South West Africa. Subsequently, mention might be made ot the very restricted &1mB laid down for us, and finally; in all detail, or the unlimited powers givm us - first, to establish an atmosphere ot cordiality which would operate 1il favour of tb• opening and development of subsequent necotiations; secondly, to secure entey into South West Atrica; and thirdly, to make all the necessary efforts to obtain what was further possible, within the framework of resolutions 1?02 and l70S,

}/ This letter wa.s recei'Wd. on 24 July 1962 - 2-

without forgetting, however, that we were not to broach sub-paragraphs (b) and (h) of operative parar,raph 2 or resolution 1702. Thereafter the report might. mention the various staees or the joume'.f f'rom New York to Pretoria. Inmediately attel"\.. -ards, it might speak of the first four meetings with the Prime Ydnister; then, of the journe.y in all its details; and finallY, of the five final meetinp,s with the Prime ~dnister, in the course of 24, 25 and 26 ¥&SY last, up to the time of the joint statement, including that of }!.&r. Carpio's Ulness. 'l'he next chapter mieht contain our impressions and conclusions, w•ich, whatever they ma,. be, should, in accordance with the policy adopted by the Special Co~ttee from the outset, be sincere, honest and judicious in their drafting, should recognize and enu~~erate the advantages secured by the Sub-Committee for the Committee and for the United Nations, and should express regret that so much nevertheless, still remains to be done. The same should apply to what is eaid about the contention regarding the Mandate and against the system of apartheid,

which is entirely at variance with human dignity human r ~hts and the s pir.it of the times. At the end of the same part of the report mntidence should also be expressed that the Goverr.ment of South Africa will continue to c:rant, to the Special Committee and the Uni •. ed Nations, the same facilities which it granted to the Sub-Committee, and retorenco should be made to the benefits or ita co-operation with a view to the solution or all peming questions, not only tor the greater p,ood ot the inhabitants or the Territory ot South West Africa, but tor the sake ot w:>rl.d peace. At the eame time, confidence should be eJqressed that in view of the report• a objectivity the Speci~l Comiilittee will transmit it to the General Assembly, together with such comments as it may see tit to make regarding the attitude adopted in this matter both by the Committee it8elt and b.1 the Government of the Republic or South Africa. in I request, Sir, that you will be so good as to circulate this l&ter1 the same ·way 8S 1 requested circulatioo of IV' earlier COl:IIDUnication of July 1962. I have the honour to be, etc. (Sir.ned) Salvador Martinez de Alva · Ambassador of Mexico Vice Chairman or the United Nations Special CODIId.ttee tor South West Africa UNITED INAl'IONS • NATIONS UNIE~•

CONSTANTIN A. STAVROPOULOS

27 J y 196.2

TO llie Secret·tr. - '}eneral

Atta ched you •-d l ind t he r eport of s sr s :trn · o and M:l.rtinez de · va to the Unite tions 'Spe ~ia l Committee for Sou h 1·-est f r ' a on their vi s ' t to South .1\fr ' c ad uth 1·Jes t Mr' ca. It i s my :ier st andi n _h· t t he r ep r t errs both by omission and co ss ·on. Qn page 16 y ill f ind t ei conclusions and recom endations . Th e ma in one is t hat ort of t e use of fo ce or other 511res t here ems to be no way of impl emenling General As sembl y r esol ution 1702( -vi). ey theref ore recommend c nt inued f irm a cti on by the ..i9neral Assembly by g · ving t he .South African Go vernment a s ort per iod to compl y or , fa i ling tha t ~ by con · ering the easibi i t y of revoki ng the mandate and by ass ' ng t he admini t r ation of t he t erritory, if need be by i p sing sancti ons or emp eying other mea.ns to en orce compl' ance. There i not a si n 1 word in explanati of the f amous press r e ea~ . Mr. Carpio has alre dy i ~ned the r P.p rt. }~ . de Alva i ntends t o s i ~n i t t oday, awaiting au h ri a.tion from his G::lver nment. SPECIAL COir114ITI'EE FOR SOU'IH WEST AFRICA Conference Room Paper Ho.I/87 First session 21 Jul7 1962

UNITED NATIONS SPECIAL CO!n-i.ITT.EE FOR SOU'l'H WEST AFRICA R~rt ot the Chairman and Vice-Chairman on their visit - -· to South Africa and South West Africa

Io INTRODUCTION

1. By its resolution 1702 (XVI) ot 19 Decanber 1961, the General Assembl7 established a Special Comnittee tor South West Africa and assigned to it the follolfing tasks: (a) A visit to the Territo17 of South West Africa before 1 J.tq 1962; (b) The evacuation t:rom the Territo17 of all militar.r forces ot the Republic ot South Africa; (c) 'l'he release ot all political prisoners without distinction as to part7 or race; (d) The repeal ot all laws or regulations contining the indigenous inhabitants in reserves arxl deJ11ing them all freedom of movement, expression and association, and or all other law and regulations which establish ard maintain the intolerable system ot apartheid;

{e) Preparations tor general elections to the Legislative Assembl71 based on universal adult suttrage, to be held as soon as possible under the supervision and control ot the United Nations; (t) Ad'Vice and assistance to the Govemment resulting from the general elections, 'With a view to preparing the Territoey tor tul.lindepend.ence; {g) Co-ordination ot the economic and social assistance 14th ~ch the specialized agencies will provide the people in order to pfttmote their mral and material welfare; (h) The retum to the Terrltorr ot ·indigenous inhabitants ld.thout risk ot imprisonment, detention or punishment ot an;r kind because ot tbair political activities in or outside the Terr.lto17o 2o The COIII!!ittee, which is composed o! Brazil, Burma, 1-~exico, Norwq, the Philippines, Sanalia and Togo, held its first meeting on 2 April 1962 at Which time it. elected l4r. Victorio Do Carpio (Philippines) as its Chairman, Mr. Salvador 14art:fnez de Alva (Mexico) as its Vice-Chairman, anrl !~· .. Ba~aan fN!" Klmf.. (Somalia) 'Who waas succeeded IV" l&r. Ocar Arteh (:.w-al~ a), as its .deJ porte-uro J. At the request ot the Special Committee tor South West Africa, the Chairman, .. at the beginning of April, approached the South African Goftmment through its Permanent Representative in New York, Mr. B.G. Fourie, with a view to gaining the co-operation of that Government for the visit to the TerritoJ'7 ot South West Africa provided tor ill paracraph 2 (a) ot General Assembly resolution 1702 (XVI)o 4• At its second meeting on 5 April 1962, the Chaiman reported that the Pem;;nent Representative of South Africa had been impressed by the appmaah and had undertaken to contact his Government regarding a visit by the CODIIlittee to South West Atr.ica. The Committee then author.lzec1 him to send the following letter to the Permanent Representative of South Africa to the United Nations: .

"Reterring to our conversation ot 3 April 1962, I have the honour to inform you that I han reported the sense of our conversation to the CoDIIIittee.

"ln their disoussiona, the manbers ot the COIIIId.ttee placed great emphasis on the tact that the :reCOIIIID8Jded visit to South West Africa should take place b,y 1 J.Iq 1962.

nThe Comittee wishes tormalq to contirm its request that JOur Government ~perate in taoilltat1ng this visit, 'Which I am sure would be 1n the best interests of all concemedo •

5o At its third meeting on l2 April 1962, the following message was received through the Permanent Representative trom the Foreign Hinister ot the Republic ot South Atricas "lo . The Govenment ot the Republic ot South Atr.loa has oaretul.q considered your letter ot April 5th to Ambassador Fourie. In doing ao it has taken into tull account Ambassador Fourie•s report on the informal discussion which you had with JWa on the third item and especialq the spirit ot co-operation which 1p pears to have anblated your COI!Itlittee•s approach 1n the mattero -3-

n2o While South Africa has never recognised United Nations juris~ction oYer its administration of South \'Jest Africa, the South Afrlcan GovernMent has equally' consistently maintained its preparedness =- and indeed its keen desire ~ to find a w~ out or the difference ot opinion that has arisen between the United Nations ani South Africa since the first session of the United Nations in 1946 in regard to the status and administration of South West Africao The long history ot past discussions as well as the Dlai'\V' proposals put forward b.Y South Africa again at two previous sessions or the United NatiQns will show that it ~s always the South African Gowrnment which offered to make and to consider realistic proposals in order to remove this constant source of friction which had for man7 years had a disturbing effect on conditions of hal'!OOJV and stability in the territory so necessary tor promotion of interests of' all those who live in ito

11)o The record will also show that Where the South African Government was not prepared to adopt measures required by the United Nations, its attitude was dictated by its juridical positiono The Government ot South Africa cannot now be a party to any prilposal or action which could imply a departure therefromo

"4o In this connection your attention is invited to the tel'lll8 ot reference ot the CODIIlittee as set out in sub-paragraphs (b) to (h) ot paragraph 2 or resolution 1702 (XVI) which in effect requires South Atr:lca to acquiesce in a form ot United Nations jurisdiction which rq Government has consistently denied am still denieso Furthel'IILOre, this is a matter which is at present the subject of judicial action before the International Courto The steps envisaged in sub-paragraphs (a) to (h) or paragraph 2 exceed even the jurisdiction previously' vested in the League of Nationao

"5o It, however, the Gonrrunent or South Africa is correct in its impression that it is the desire ot your Coamd.ttee to establish contact with the Government tor the purpo1!8 ot corw:luct1ng discussions aimed at finding a way out of' the present impasse without requiring the Republic to compromise its juridical posi. tion or to discuss sub­ paragraphs (b) to (h) or paragraph 2 ol resolution 1702, rq Govemment would gladly unde~ke to co-operate to the extent possible tor it to do BOo

"6o In the circumstances it has been decided to extend to 1011 as Chairman and., if it is so desired, also to 70ur Vice-Chairman, an invitation to visit the Republic· as guests of the Goverment with the t~esurance that the Govemment 'WOUld then be prepared without prejudice to its previousl;r stated position11 to enter informal]¥ into a redev ot the matter at issue between the United Nations and the South African Goverrunento Unfortunately it -would not be possible to invite J'OU1" whole Colllllittee as this could be open to an interpretation prejudicial to . South Alricao s position in the case at present perw:ling before the . · Intemational Court of Justiceo "7. It as a result of discussions at Pretoria it should appear advisable t,hat you and your Vice..Chairman should also visit South West Af'riea for the purpose of acquainting yourselves with the territor;y and its peoples then such a visit can be arr~nged".

6. The South African Goverruuent0 s invitation was considered b7 the Collltlittee, which on 13 April 1962 :~uthorized the Chai:nnan to sem the following reJJ171 "In the light of' paragraph 2 (a) of' General Asseubl.y resolution 1702 (XVI) the Comnittee, in a spirit of' co--operation, welcomes as a first practical step the opportunity of having the Vice-Chairman and rcy"Self enter info~ into a review of the matter at issue between the United Nations and the South African Government and ot acquainting ourselves directly with the territor.r of' South West Africa and ita peoples.

1'\'lith the agreement of the CoJII!littee, the Vice-Chairman and I are therefore pleased to accept the invitation of your Govemment and will be ready to leave for South Africa at the earliest convenient date".

7. Immediately following the approval by the Committee ot the acceptance of the invitation, the Cha.i~ and Vice-Chairman contacted the Permanent Representative of South Africa to the United Nations with a view to settling the details of the discussions in South Africa. It was found that the most convenient date for discussions to begin was 7 l:q 1962. They according]T arrived in South Africa by air on S Uq 1962, being accor:1panied by two United Nations officials, l!ro Ian E. Berendsen (Secreta17 of the COIIIDittee) and l·Iiss Jacqueline Yarrow (Assistant Secreta17) o So In the initial discussions ot 7 and 8 MaT, the South African delegatlon was led. 'b7 .1-lr. Ho Verwoerd (Prime Minister), assisted by Mr. Eric Louw (11inister ot Foreign Affairs), Mr. J.G.Ho van der Wath (Deput7 Minister for Sa~~th West Atrica), Mr?/&oste (Secretar.r for Foreign Affairs), z.:r. B.G. Fourie (Permanent Representative to the United Nations) and other o!ticialso 9o These initial discussions took the form of an explanation 81¥1 defence b7 the South African representatives of their policies not onl.T in South West Africa but also in South Africa itself and a restatement of their v.l.ew of the juridical position of the Terr.ttoeyo From these explanations, it was clear that the South African Govemnent contemplated no significant change in its apartpeid policies in South \'4est Africa, which indeed it sought to justif'J, nor did its - 5- account of the juridical position of South West Africa differ substantial:Q' from that expom1ded on numerous occasions before other United Nations bodieso In a long historical exposition starting with the initial assignment:. of the l•iandete to South Africa in 1919, the South African representatives emphaaimed the close geographical, ethnic and economic ties between South Africa and South \'lest Africa and emphasized also the strategic importance of' the latter tor their defenceo They continued to assert that the l-Jandate had ceased to exist on the demise of' t.'le league ot Nationso They claimed to have done much to improve the conditions ot the irrligenous populationg but to have been hampered b7 United Nations criticism in careyi.ng out other improvementso lOo In the course of the discussions • the Prime I.U.nister offered to facilitate a visit by the United Nations party to the Territory, emphasizing that such a visit was without prejudice to the South African position and was not to be regarded as an admission of United Nations authorlt7 over the Territor;ro The Chairman and the Vice...Chairman accepted the invitation for the purpose of acquainting themselves with the situation in the Territor;r, of establishing a United Nations presence there an:i of' exploring the best wqa and means of' implemBnting General Assembly resolution 1702 (XVI)o The Prime }ld.nister submitted a detailed itinerar;y tor 8. nin~ visit to South west Africa, which was accepted b;y the Cbaiman am Vice-Chairman with the addition at the suggestion or the Chairman or a visit to Katima l~ulilo in the Eastern Ca.privi Zipfel.o llo On 8 Hq, after the conclusion of the preliminar,y discussions with representatiTes of the South African Gcwemment, the Chai:nnan and Vice-Chairman met prlvate]3' in Pretoria with representatives or the Liberal Part,. and with a joint deputation of the South African Indian Congress, the Coloured Coneresa, and the Congress or Democrats, which included former members of the African National Congresso 12 o The following moming, the ChainMll and Vice-Chairman left 'b7 Dakota aircraft for , a distance ot 740 statute mUeao - 6 _.;.

.. . .. no VISIT TO SOUTH WEST AFRICA y l3o The Chaizma..Tl a.."ld ViCec..Chairman arrived in Windhoek at no~h on Wedilesdq, 9 Hay 1962, and went that aftemoon by car to the town of Rehoboth, headquarters of the Baster Coloured Comrnunit)"a l4o The follo'Wing morning, they left Windhoek for a trip to the northem Native Reserves outside of the Police Zone, accompanie:·.· b7 the PeJoma.Jaeft' Representative of South Africa to the United Nations, and the Chief Native Affairs Commissioner of South West Africa and several other officialso Newspaper reporters who Sought to cover that portion of the visit to the Territory were unable to obtain the Government permits necessary to go to the northem Reserves outside of the Polj.ce Zone, with the exception ot one reporter from the South African Press Association, who . t118d reports tor his own ard other agencies. · 15o . Elsewherdt. the Chairman and Vice--Chairman ltrere denied the opport.Um ty of _aeldreeaing in' ·_... ,.l~:~liJ~!sa gatherings of Africans who greeted th• on their arrival at various places., Thq did~ howenr, have the opportunity of meetins p#vatel.7 with individuals and deputations who wished to meet thaio 16o During tbeir northem joumq, the Chai:nnan and Vice...Chai:nnan visited. waterWorks, l·;ission schools and hospitals and met wi tb Chief~ and Headmen as well as. other local residents in five Native Reserns, includins a deputation ot officers and members of the South West Africa Peoples• Orpnimation (SWAPO) in Ovambolando i 7 o Returning to t.he Police Zone on 14 1·~1 the Chainaan and Vice-Cbail'lllall visited the headquarters ot the South West African Native Labour Association in Groottontein, the Tsumeb Corporation compound ani the African location in TsWil8b• and heard deputations in bOth urban areas. They had to cancel a planned stop in the \'laterberg Ea. at Native Reserve on their wq beck to ~indhoek on lS J.Iq due to their crowded schedule, but arrangements were made to allow deputations from the Reserve to meet with the Chairman ani Vice..Cha.il'III&Jl in Windboeko

An itinerary of the visit in South ~lost Africa is reproduced in the Annex. · l.Bo In \'Tindhoek, in addition to an intenshr3 series of hearings, the Chai:nnan and Vice-Chainnan visited the old African location as well as the new African township at Ke.tutura, and a hospital tor Jlon..alropean&o A visit wae al.eo made by the Vice-Cl".airman to the Augustineum Technical and Teacher--Training School at Okahandja, one of two secondar;y schools for Africans in the Police Zone. and to the administrative milita:ey headquarters in Windhoek. On lB I·Iq, the Chairman and Vice...Chairman stopped in the southern town of , seeing the old and new Af1'1.can locations and the local hospital for Ron~ropeans and holding a final series of hearil".gs before returning to South Africa. 19o The numerous private discussions with representative grou:ps of the Atrican, Colourod and European population ot the Terrl tor;y disclosed that Hon-.Europeans, and the European opposition party, were dissatisfied with the pretsent Administration, and in particular with the e;ystem of aJ!,rtheid which pervades ever,y aspect of that Administration. It was obvious that the great major!t7 or the people were for radical changes in the Administration and tor the talc::lna over, by the United Nations, ot the Administrationo 20o The predominat'ltly African organizations - the South West Africa Peoples Organization (SWAFO), the South West Atrica National Union (SWANU), and the South West African .United National Independence Organization (SWAUNIO) - eJq>ressed strong opposition to the apartheid policies carried out b,r the South African Government, which the17 accused or having neglected the welfare, education e.M development ot Africans, ard of depriving than ot freedom ot movement, association am other human rights in the count17 ot their birtho They appealed to the United Nations 1mmadiate]3' to take aver the administration ot the Territo17 'With a view to preparing the people tor earl.T selt-aovemment ard independenceo The attitude or these organizations was shared by Herero Chief , Nama Chiet H.s. Witbooi, Damara Chief David Goraseb, their Headmen and Councillors and the people the;y represent, including the Heren:.s or the Kaokoveld, as well as by the Ovambo people other than the Ovambo Chiefs and Headmen whom the Chaiman ard Vice-Chairman met in OYamboland and in different parts of the Police Zone. It was also shared by deputations ot from the Aminuis Hative Resern led b7 Chief Albert 1-:.0tseng tmd b7 the lbnderu Hereros from the Epuld.ro Native Reserve led by Chief l.funjuku., -8-

both ot wham had been alleged to be supporters of the Adudni.strationo Damaraa, Namas and Hereros of the small Sessfontein Native Rese2've had a number ot

complaints to make C ·~nceming their living conditions but did not pronounce . . themselves on the future ot the Territoey beyond indicating their desire to retain their R-esElrveo Here!'os in the Kaokoveld complained that during the entire period ot South African administration the;r had never been. able lawful.lT · to .sell their cattle and they were therefore forced to ~olate the law b7 "stealing" their own cattle and selling across the border in order to pay their taxes and meet their basic needSCI Chiefs ao1 Headmen in Ovambol.and and in the Okavango, on the o-ther hand, expressed their general satisfaction with the 'l\dministration, but there was an admission in ()yamboland that their people ·did oot share their satist"action~ wbile the Okavango deputation eJq>ressed · dissatisfacJ.:.ion only at the low wages earned b7 their people whO went to work · in the Pollee Zoneo Ot the ma1'17 African deputations whom the Chairman and the Vice..Chairman met during their visit in South West Africa, onq one consisting ot members of .the Advisory Board ot the Katutura township, expressed complete ~t.i.staction with the South African administration.. The Katutura Adviso17 Board . . consisf:w of three members elected b7 the adult inhabitants ·or Kattitura, to wbich .over 5,000 people, or about. one-third ot the African population ot Windhoek, . . have moved, ard three members appointed b7 the all-European Z...mdcipal CouncU ot Windhoeko 21. The opinion of the Coloured population. other than that of the Rehoboth CoDIIIUIJitT, was somewhat more difficult to aaseseo Witb1n the Rehoboth Connmit,-, the. .elected Ad'rlsoey Board. unanimously supported the implementation ot General Assemb~ re~lution 1702 (XVI), and their desire tor the asiiWDption ot the administrat.ion b7 the United Nations was reiterated b7 a deiJ'ltation ot citizens of Rebobotho It was also shared b7 a deputation which stated that it represented the Coloured C olllllllDi t7 ot Windhoek and Wal 'Vis ·Bq o On the other hand three deputations which claimed to represent the Coloured population, but wtJre not recognized as representative b7 those tawuring a transfer ot acb1nietrat1on to the United Nations, supp<)rted the South Atrican Govemment and the poliq ot apartheid, including the establishment ot a separate Coloured settlement in South \lest Africa; these three deputations, the Coloured Council, whose members - 9 ""'

were ad.."1ittedl7 self""8ppointed, the South West African Coloured Organization, and the South West Africa Coloured Teachers Association, also eXpressed oppOsition to any interference by the United tJations in the Territor,yo 22o Of the various representatives of European opinion within the Territory, most expressed themselves in favour ot the Government and the maintenance of the status guo, or ware opposed to ~ chango which ~d interfere w.ith the economic life arvi development of the Territory or bring about chaos and blood­ shed; they were also generally under the impression that the African population was not dissatisfied. However, one important deputation, consisting of the leaders of the United National South West Party, which represents some 40 per cent of the European voting population -- or some 50 to 60 per cent of the South \iest African voters, it South African Government, railwq and pollee personnel and other South Africans temporarily in the Territor,y are deducted - SUpported A.S part of its political platfonn the gradual extension Of representation in the central legislature to the Non-European population. The leaders also favoured the continued exercise by the United Nations ot its supervisor.r authority over the administration ~r the Territor,yo !!,.etum to South Africa

23 o On leaTing South \1/est Africa on 18 I-:q, the Chaiman am Vice-Chaiman• after a brief rest in the Kruger National Park, visited the Transkei, at the irrdtation ot the South African Goverrment which sought to show them a predominant:cy African area which, according to the Pr.l.me l-a.niste~• s eXplanations, was to become selt-goveming ar¥1 independent umer his announced Translcti poliqo -10 ...

III. FI!W, DISCUSSIOJS WI'lll 'DIE SOUTH AFRICAN AU'MORITIES

24. On their return to Pretoria, the Chairman end Vice-Chai.!miLn resumed their discussions with the South Af'rioan au·thor1 ties begiDning on 24 ~ 1962, on ma ttars at issU9 between the United ll'a tiona and South Atrioa, the South

African delege;~ion being the same as in tha previous te.lka. 25. It had been made clear in the orig1D&l. inritation issued by the South African Government that formal discussion of paragraph 2 (b) to (b) ~ General .Assembly resolution 1702 (XVI) was excluded. Nevertheless it waa the intention of the Chairman and the Vice-Cbail.oman to find out a.a f'ar aa wu possible dur:l!Jg the disouasions what was the attitude of the South Atrioan authorities tcnrud8 the veu'ious objectives assigned to the Camittee and to aeoe:rtain to what ez­ tant the Genaral Assemb]¥ resolution oould be implemented. 26. The Vice-Chairman was requested b7 Ambassador Carpio to DIBke the openiDg statement 011 the United Nations side. He expressed thanks tor the~­ made for ~e visit in the course ot which the7 had met w1 th Jllllleroua ch1eta 8114 headmen, political leaders and other representative persona among the Mrioan, Coloured and White population. He was bound to state that there was a OOJlllide­ able degree al opposition amongat the population to the policies ot the South Af'rican Goverraent. He said that he was aware tJ."'OIl previous statements ot the Prime Jlin!ster that the South Ahioan GoverDDBnt 1'911Bined ti.zlaq a ttaahed to 1 ta apariheid policies and expressed grave ccmaern as to the aitua tion whioh would ooour when the iDIDovable objeot of' thou policies waa atruolt bT the ir.reaiatible f'oroe of' emergent Af'rioan raU.onaliiiD &D4 interm.tioD&l preasurea in gene:ral.. It was neces8817, in tt.e Vice-Cha.il'llm0s opinion, tor the South AfriO&D Gowel'D­ ment to make concessioDB to meet these ••:rg1ng toroes aDl the reaolutio• 1D whioh the United !lations had given th.a ita auppori. Be atatecl tha~ aa a~ reaenta~ive or the UD1. ted Jl'a tiona an4 ot hie own oount17 aotbii:Jg would Jake h1lll happier~ to be able 10 returD to the United lil.tiou with an 1Ddioat1on that the South African GoverDDent waa prepared to aooept all reaolutioJJB an4 no-. 11endations of the UDited Bationa. UDtortunateq, he had alrefM\r beard aa. oa tegorical eta tements b,y the Prime lliniater whioh llade 1 t clear tba t the BoRth Arrioan Government would not 1mplement, or even d1aouas tor the IJlGIII8nt, oertain reooJIIJlendations. Be felt, hORY'8r, that thq ahould endeavour to build upon the imp:ro9'ed climate arising from the trip to South W•t Africa, 'b7 acmaider111c - 11 =

lD .turn aDd accepting a.s man:- of the raoODBBenda.tioDS ot the General AesariblT as possible. The Vice-Cbai:rm&.D then emmeratad va;;."i.ous recCIIIIendations and CODIDended them to the attention at the South Africal'l authorities. He a lao asked tor and obtainad from the Pl.'ime Jlinister rene\'fed assurances that no ao.­ ~ou \WOUld ~ takGll a.gai~ -;; ·iillosEJ who haci spoun air lllinQa 'io the UD11iecl liauonD represent&ti.vo•o

~7. ':he rl-·irae ]7in:La·i;Gr in replying to tha renaarks and suggestions of the Vice-Chaimen, ackncmledged tba t changing oondi tiona :required more rapid advance in economic and social development ot the Ion-European population and. stated that a detailed f'ivCJ 7eu pla.n was alreaq being worked out aD4 that he would give his personal attention to the aaoele:raUon at the research.

and planning whioh were ·i;ai< i ng pl~a~ o ~8. 'lhe Chamuan, in his •tatementa, a1irened the U.irabUiv f4 br1llg1zlc about~ :t·=•¥&~ ret?.'een South Afrioa and. the Un,.ted. lfatlone. He expret~aed appreciation for the opportumv given to visit South Weat .Urioa, but the Yia1t had been at short duration and was o~ preltndna.ry in Datmoe. ID h18 opiDion it should be followed up b7 a loueer rtsit b7 the whole CCIIIDi ttee and 'b,y further oo.operation between South Africa and the Uni tod llationa in promotiDg the rap14 progress f4 the i,ndi.genous inhabitants ot South West Af:rioa. Be stressed 1n th1a OQrmenon the importance ot having the South African autbori. ties :request on a

large scale the tschnioal aDd tiDa.Doial aasietanoe ~ the United lfatioDB aDd the specialized agencies in the development ot South West Af'rioa, aaaietanoe whiab he was sure would be torthcom!Dg on a generous scale. lie then p:roaead.ed to cU.e­ ouss seriatim the reOODIIDellda tioas ot the General Ase•bq ~ to urge the Sou1b Mrioan authorities to oonaider their 1111pl.. n1a tion. When, however, he had 0011e to :reco.amendation (d) relatiDg to the abolition ot laWII and :regulati.o• eetablishing the &R!£theid 117Btell, the Pr1iae lliniatar deolin8d to cl1eauaa the •tte:rs further, as being emluded b,y the tftllll at the inritation aDd made it olear that his Government was not prepared io eDrisage the 1mpla.n1aUoD at recoumenda tiona which would atteot 1 ts ba.sio positi.on and polioiea in the '.l'er.ri­ to17. !he Chail'man •de a aeoond a ttampt on the tollorillg clq to oall tor IIU'b­ atantial concessions bf 1ihe South A:f'rioan au'tbori. Uea, but &pin t'ound. 110 -~ taoUon. 29.? lfewrthaleas:.- in tho diaouesions~ statctments b,y the hime Miniater and other Sou:Jl Af'l•icau :a.'Ci~XC!;Cil ·t..tivao pro-.·idGnt~ral Assambl.7.. b 1Dtcma­ t1on 1s sumarized, toge",;lw:r wf~::Sappropr:La.to, bJ' the Chairman and Via.­ Cbairmn, under thEi- reoomendation oonc•%'11ech a) Visit t4 the Committee to South Weat AfrJ.~ 30o It may be noted that the South .African Gov·Jrnment deolined to reoeift a v1a1 t Dr the whole C0011ui t·fiee on ·ihe gl'~u.ud iiiia -t w ~-J ~o would IJ,&.--ajwdicc -1 't3 'i'lhole posi­ tion in the cue pending before w In·iiermuol al Cogr'i of J'ua'iioeo

31.. It agreed, however, to a visit b.r the Cl"Eirman and Vice-Cbairma.n w South West Africa· for the purpose of acquainting ta }mselves d.irec'U7 with tbe ~i­ tol7 and its peoples, without p:rejudice to ·(;' ::> previously stated position at b South African Govornmcnt in regard to South \"!lst Af~:ica.. 'l!J.e COIIIIIlittee authariH4 ths Chairrna.n and Vioe-Cbairman to make such , visit. 32.. During the dieouseions, the Prime tin5.1 ter 4ecli;l£'d to consider an 1nri:tat1on

to the vtholo COi!!lli ttee e. t the present time 1 underlinir; ~ tha. t 1 t would be beat to awa.i t the rasults of the present visit wz, :re oonsideri ;\-~ the ma. tte:r further. Be added that South .Jl.frica l'1ould not be pre~ L' ·ad to reoeivtJ -~ COIIIDi ttoe with inatruo­ _Uons to aot con·~ to the juridical po t:i.tion ot the .Ller. l.'i,j'_io ot Sou1ib. At:rioa.

c) · 'l'he release ,s_t political pri&ODf.~~

33. In ita discussions With the Clw.h"'IDB.D and Vioe--C'Wd.rman, the •~,-uth A:trioan GovU'DIIem denied tbat there were au r political prisouerB in the Tel·- ~:~o:r,y. Peti­ tioners appearing before the Cba.i:rur.n and Vice-Cha11'man, while not apec>('jing &D7

cases of persoDS detained for politioal rea.eona at the time ot the visit, "~t~ted that there had been casea of arb! t"..'&17 aea.rohea often at dead ot Dight, tba t "'Cl'­ sons had loet their jobs because \f political aotiviv aDl that a nua'be:r f4 pa:a.--­ sons :t'rom Ovambole.nd and el1!1ewhe1·o bad been repatriated to their tribal araaa aDd I· had there been subject to illlprisoraent aDd other 111 trea1ment b7 their tribal ohiets. The Chairman and Vioe-Chail'man consider that there are sroundll tor·'belin­ ing tbat persons have been repatriated or cleporiecl because ot their pol1Uoal activities. (The record ot hea:rlnga gives deta1la ot a mabe:r ot these O&llell, notabq of Mr. I.G. llatbanie, viue-ohairman ot SIAPO, who wae at the time UJII1.er a deportation order to lean.Walvia ~' ot ll:r. Jlbiriom KaUIIaD&, who olaimed tba t he bad been handed over to the A!Jsolan authori.tiee qy a South A:t:rioan att1o1al and til& t he had been held in prison in Angola under wretohed. oonditioDB betON 'beiJJB allawed to :ret.um to South w.. t Ahioa :reoentq, at llr. 'l'oiw Ja 'l'oivo aD4 other SWAPO supporters who olaiDled tbat theJ' had been repaVia ted to OvambolaDil - 13 ...

aDd were unable to ·n-avel outside af their Resarve because of political reaaoDS and ot tour Ovambos, at least "three ot whom were natives ot Angola, who it was claimed had been deported b,y a South African official because at political aoti­ vitias, v;bile living with relatives in South West Africa. The South African authorities inf'ormad. the Cbai:rman snd Vioe-Cbairman that one of these persona, whose origin was allagOO.ly South West Af'rica, was in tact a native of Angola. They stated that the SWAPO supporters in Onmboland ware t'ree to app:q for work in t.ha Police Zone and that Mr. Ja 'l'oivo had been permitted to set up a tracl1JJg

a~ in Ovambole.nd. On the latter point, llr. Je. 'l'oivo had said that he had found it neceoeary to obtain a trading license in the name of hie brothel'. ll:r. Verwoerd prae1sed that other cases would bs investisated and tba t the OhaiJman and Vice-Chairman would be provided with inf'o:rma:U.on about them.) ('l!d.• otticial 1ntormat1on has no·& yet come to ha.nd. ) •

d) Ian aJt«! re,m.qa·aone eatablishiJB the al!!£t!leid gateD

34. 'lbe Chaiman and Vice-Chairman found tba t the South African authorlties wre not prepared to consider &%J7 t:hanges 1n the basic la.wa aDd regulatione which ea­ tablish and maintain the 878'tem ot amtheid. The Chairman and Vioe-Ch&Um&D, nevertheless, e::preseed the view that in the particular ciroulla1anoea ot South West A:f'i"ioa, the South African authorities would tiDl it 8&87 to liberal.ise tiHI Pass laws.. '1'he onl7 "liberalimat:l.on" which 'U2a South African authorttiea 'ftN prepared to consider was the replacement ot aepara'te ad hoo pe.aaea lJ¥ a pe1WUI81lt reference book, as is now the oase in South Africa. lleedless to 8&7t thill waa not a change of which it was possible for United Nations repreaentatina to ap­ prove and would not effect an improvement in the situation.

g) Oo-ordination ot economic am social auiataaoe bz tbs apeoial!.zed apnoies 35. The Chai1'man and Vioe-Chairma.n received from ll8lV pereoa whoaa th87 intel."­ viewed requests tor material and timmoial aaaiataDce to the 1nd1genou8 inhabi­ tants £'ram the UD1. ted lfationa and 1 w specialised apnoiea. Siuoe their tour til 'the •Dda ted Territ<>r7 tamed to ooDtirm the v:l.n expressed 'bT the UD1 teet l'atio• org&DS in the past that the economic aDd aooial chn'elop~~nt at 'the iDdiseno,. people ol South West Africa bad been neglected, the CbabED and Vioe-Chail'DiaD attached great importance to th8 quaati.OD ot perauacling the South AtrioaD authorities to accept teohnioal 8l1d til:luoial &881atanoe tram iDtenational qeD­ otee on the largest scale poaaible. - 14 ~'

36o The Prima l'iinioter refused to entertain &J\1 1dea ot haviDg apeoializecl agencies operata within South Wast Africa, claiming that South Africa 11ael:t had adequate means to develop the Territo~ l'lithout outside assi•tance. Ialead, South ld':rica. bed OOttended tsobnioal assistance to other statea and would be .p.a. to continue doing so. 37. The question was alao raised wbs:ther the South Atrica.n GoYerDD8D1i aish1i :not wish associatin8 one or two experts from speoialized agenoiea auoh aa FAO aml WHO with the preparation at the tiV9-J88.1' cleveloiDent plan whioh the Gonl'DIIent had in mind. The Prime tiniste:r indioatecl that if "lhis idea should be favourabq received the Sou·tb. African Gcwe:rment would be prepared to explore the poea1b1li­ Ues of inviting one or two expens wo2'ld.ng in particular fields with WHO &JJIJ./• FAO who could be consulted on matters 1n regard to which 'the7 were particulazoq qualified.. )8.. On the question of accepting funds from the tJm.ted 1\Tations and apeoialisecl agencies, the Prime Minister stated that the needs ot other states were so g:reat and could so strain United lfatioDB resouroes that South Atrioa felt it 1D be ita duty to provide the funda an4 teohnioal eernoes for South West Af'loiaa f!-08 its own and South West Ai'%i.can :resources~ Honver, should loan tunda tram the In-terna~ional Development Aeel107 (IDA) be available to the South Atrioan Goftrll­ ment for special projects in South West A.frioa theae could b8 utilised. h) '!he return to the T&nijorz, ~ iDdipDOUS inhabitants

39o iJ.he Chairman aDd Vtoe;..Obail'IDan raised the q't.Wati.on ot the :return 'to South West Africa at indigenous 1nhabitams who had let't the 'lerr1tor.r with or without; South Mrioan travel documenta. The Prima J11D1ater stated tllat inbabltallt8 ot the Territor7 who had left would be at libe:ZOV to :return. ~. hOWYer, UV' ot them should have contra.vened the law appropria1ie judicial autho:ri tiee would haw to consider, on tileir return, relevant oiroumatanoea in eaoh oue. 'lhe CJ:aa1zl­ man and Vic.. Cbai.cmaD endeavoured to obtain from the South Atr~oan autho1"'1 ties assurances that technical offences a:risiDg f1'om departure w1 tbout passports would not be proeeouted. '!he Sou'Ul Atrioan authori tiea Rid 1iba t auah persona could seek to regularitse their posi Uon 'b7 asld.ng for panporill f:rola the nearest South African conaul.a'te abroad. If passports wre 188ued, DD aoUon would be taken on the :return of the person concerned. In th1a oormuion 1ihe7 - 15 = mentioned the case of !!r, Hans Beukea, who had lo:rt South .Africa af'tel.• his paseo­

port had been wi -'~hd:re.wn e..nd bad then appeared as a. petitioner in New York and had. subsequently oosn pursuing his studies in l'forwa;y.. I·t had thare:rare been decided to ism.w him 'tii th a new passport if he should apply for one at tba

Sot.\th A:f'ric8.n legation, Stockholm. However, the Authol··i:~iea declined to give a blanket undertaking tba. t other cases of persons who had lef't South Africa ar South West Africa wi thou"G t:!:'avel dooumenta would be overlookado i) Oppor~tlgs for higher edq~tion abroa~

40.. Under ita resolution 1705 (XVI), the General Assembly provided far eduoe­ tional opportunities for South West Africans abroad whether by scholarships o:r­ fered by individual States or by a scheme financed by the Organization itself and, inter alia, requoeted all Kember States to facilitate the travel of' the stu-­ dents concerned.. Since in te!'mS of' local lawp no indigenous student could legally take up a scholarship abroad without a passport, the Chainnan and Viae-Chairman raised with the South African authorities the question at granting passports to students awarded scholarshipso Th~ found that the South Atrican authorities wsre reluctant to envi.aaga the study abroad of' South Wast Africans fearing that the students would be too )"OUJJg to benefit from such studies and might be e::r;poHd to Communist influences. The South African representatives pointed out that the South West African AdminisU'ation was read7 to grant schola.Hhipe to the :Bantu Universities of South Africa to all South West African Natives who qualified for entrance (in 1962 only two such sohola.rahips wen awarded), while Coloured stu­ dents could go to the University College ~or Coloured Students at Cape 'l'own .. 4lo When the Chairman and Vice-Chai1'man inai&ted on the advisabiliV ot granting passports to students so that they could taka up scholarships abroad, the PriJie llinister would go no further than to state that ~ea otfered for poa11- graduate stud3' overseas for the purpose of' educational adva.noement would be s,mpathetioall;r considered and that eaoh case would be dealt with on ita merits.

\ - 16 ...

Conclusions and recommendations

42. From what the;y saw and heard during their visit to the Uandated Territoey and from their discussions and exchange or views with the aut.hori ties ot South Africa, the Chairman and Vice-Chairman ot the Special Committee for South ~~est Africa fuLVe arrived at the following conclusions: (a) That the administration ot the l•:andated Territorr b7 the South African· Government has been and continues to be pervaded by the rigorous application · ot aparthei!! in all aspects or lite ot the African population, resulting not only in their being racially' segregated and discriminated against and in their being deprived ot all basic human rights and tundamental freedoms, but also in the complete subordination of their paramount interests to those ot a small minority of Europeans • (b) That the policies and methods, as well as the objectives, followed b1 the South African Government in its administration ot the J.Ianiated. Territoey has consistently bean, and continues to be, in utter contradiction w1 th the principles and purposes ot the l~ndate, the Charter ot the United Nations, the Urd versal Deela.ration ot HUill1ll Rights and the enlightened conscience ot mankindo (c) That the South African Govemment has evinced no plans to institute reto:nns or relent from its present policies and methods in its administration ot the Territory am is not developing the Territory and its people tor salt­ government or independence. (d) That becau·;e ot the foregoing, it is the overwhelmi~ desire of the African population that the United Nations assume direct administration of the Territory am thus take all preparator,y steps tor the granting ot treed.cm to the indigenous population as soon as possibleo (e) That short ot the use or force or . other compulsive measures within the purview ot the Charter, there seems to be no wq ot implementing General Assemb]Jr resolution 1702 (XVI), or even hope ot arJ7 solution to this question acceptable to the South African Government other than virtual or outright annexation of the l-tandated Territorr o - 17"'"

43. In these circumstances, the Special Committee for South riest Africa may wish to draw the attention of the General Assembly to the imperative ~ed for continued firm action on this question b7 giving the South African Government a short period of time within which to comply' with the Assembl7 resolutions, or, failing that, b;y considering the teasibllit7 of revoking the ~Iau:late and or simultaneously assuming the administration of the Territory to prepare its people tor independence, if need be, b7 imposing sanctions or employing other means to enforce compliance with its decisions or resolutionso

(Signed) victorio u. liarpio

(Signed) ~alvaaor ilartinez ue AJ.Y& Dia~ of jou~ney of the Chairman and Vice-Ch~irman of the Special Conmi.ttee in Sou"t.h \Jest Africa

9 ll::q Arrival at Windhoek, capital of South ~Jest. Afr.lca.

Joume:r by car to Rehoboth {approx. 40 miles)

At Rehoboth

I'.eeting with the Advisory Bo"rd of the Rehoboth Coamunit;ro Meeting with Hr. No Wit booi o Meeting with Mr. Jacobus Beukeso

Return. to \t'indhoek (approx. 40 Hiles)

10 Hay Joume:r by air to Okombahe {141 miles)o

At Okombahe Native Reserve

Heating With Paramount Chief' David Goraseb, Headmen of' the Damara· tribe and other residents of the Reserveo

Joume;r by' air to Sessf'ontein (190 miles)o

At Sessf'ontei.n Native Reserve

1-ieeting with Headmen and others representing Damara, Nama and Herero residents or the Reserve, including 1-lr. I-1bioriora Kausanao

.Joume)" by' air to Ohopoho (Kaokoveld) {78 miles)o

At Ohopoho, Kaokoveld Native Reserve

Meeting with Headmen and other residents or the Reserve, including Ovahimba and Ovatjimba Hereros.

Meeting with the local Minister of the Dutch Reformed Churcho

Joume;r by air to Ondangua (Owmboland) (141 miles)o

11 l'.a.y At Ondangua, Ovamboland Native Reserve

Visit to Okatana water scheme (dams and canals). Visit to Roman Catholic l!ission {school and hospital). J.feeting w1. th Professor J.P. Bruwer of Stellenbosch Universit7 o l•leeting 'hi th the Rev o Leonard Auala, Leader of the Ovam.bo­ Okavango Lutheran Churcho

l·Ieeting •dth Ovambo Chief of the Ongandjera and Headmen of the Ondonga, Ombalantu and Ukuami peoples.,

Heating with Headmen of the Ukuanyama peopleo

N.eeting with a deputation of the Ovamboland brHnch of the South ~·:est Afl"i.ea Peoples Organisationo

Visit to Finnish Lutheran l-:ission (school, hospital and printing establishment)o

Journey by air to Runtu (Okavango) (252 miles)o

1.3 l~ Flight by the Vice-Chairman to Katima. Hulilo (Eastern Caprivi Zipfel) (298 miles)o

Return by air to Runtu (298 miles) o

At Runtu, Okavango Native Reserve

1-!eeting with local Chiefs 1 a Chi eftainess and Headmeno

Flight to Grootfontein (151 rniles)o

At Grootfontein

Meeting with the Board of the South ~test Africa Native Labour Association.. l-leeting with a deputation or Hereros and a Damara from the Otjituo Native Reserve.

FJight to Tsumeb · (.36 miles) o

15 Nay At Tsumeb

Visit to the Native locat1ono Visit to the Tsumeb Corporationo l·~eeting with three local German resider-tso Meeting with local Herero, Ovambo and Damara residents, including SWAPO representatives, and a member of Chief Kutako's Councilo

Flight tt? \'lindhoek (2.35 miles)o

At \v1mihoek

Visits to the old Native location at Windhoek, the new African township at Katutura, and the Native hospitalo

Visit by the Vice-Chairman by car to Okahandja (approxo35 miles) o

At Okahandja

Visit to the Augustineum Technical and Teacher Training School for Non-Europeanso

Meeting with Damara and Herero residents of Okahandja and the Ovitoto Native Reservea

Retum to \-lindhoek (approxo 35 miles)o

At Windhoek

Visit by the Vice-Chairman to the military administrative headquarterso

Meetings with the following deputationss

South West Africa Nat.i.onal Union (S\vArm); Chief Hosea Kutako, his Councillors and a deputation of the South \o'est Africa Peoples Organization (S\"lAPO): Two deputations from the Waterberg East Native Reserve: Chief Albert. Y£Otseng and a Tswana deputation from the Aminuis Native Reserveo

17 Hay Ueetings with the following: Evangelical Lutheran Church Group, Rehoboth Community; Deputation of Rehoboth citizens; Deputation of the Coloured Community of \iindhoek aid \Jalvis Ba;y; Officers am members of the Coloured Council; Deputation of South \-iest African Coloured Organization; D~utation of South West Africa Coloured Teachers Association; Of'fieers ot the Windhoek Chamber of Commerce and Barclay's Bank:; l•:enbar of the ~Jindhoek Town Council ar..d the former mayor of Windhoek; Representatives of the Afrikaans·-~Deutsche Kultueemeinshaft (Sud~>~e st Africa); Deput ation of the United National South West Party; Vari ous i.ndi vidual EuropeaJ!Sj Vica~nera.l and l·~nister of the Roman Catholic Church in chsrge of the Doebra secondar,y school for No~uropeans; Deputations of the following African Grganizationag

Paramount Chief David Goraseb and Headaen and other members of the Damara tribe; A deputation of SWAPO~ Chief Hosea Kutako a.."ld his Chiefs° Council; Chief r-:unjuku Nguvanva and l"J>anderu Hereros frcm the Native Reserve; l·1embers of the Advisory Board of the Katutura Native To-wnshipo

Discussion ~~th Administration officialso

18 H97 Flight to Keetmanshoop (278 miles)o

At KeetmnshoQE

Visit to the Native hospital and the Native locationso

l~eetings with the following deputations:

Chi.e! Hendrik SaiiDlel Witbooi, Hero and Nama Headmen of the Tses and Native Reserves, and a deputation of Namas and Hereros; African residents of Keetmanshoop, including representatives of the South ~~est Africa National Union (SWANU) and the ~outh West African United National Independence Organization ( SriAUNIO); S\'IAPO and SHAUNIO, Luderitz Brancho

Meeting with a European officer or the South West Africa Fanners" Union (SWAW)6

Departure by air from South West Africao SmpN7 o~ 1Dtormat1on noe1"N4 t.Di'_._llz 'b;r the S8C1"8tariat COD­ oemly the YS.sit o~ 'the Cha1zmaD and Vic....mw.rmap to South A:trica ad S.th 1feat AtriCB

0a Satuz.41f', 5 :la7 1962, the UDiteclllatiODS pa1'tJ' arrived 1D South Atl"ica and wee met at the Pntorta airport 1q llr. J'ooate (Se01'et&:r7 of. l'oftign Attain), Ambassador J'ou.r1e and Jlr. Bel (Preas liaison ofttcar). 'l'h,at evening th97 went to tba Prime EDiatero a residence where the7 met Dr. VeJIWOSfd aDd •sara. Lpuw, J'ooate, Pourie, Sole (UndeJ.• Secret&r3' ot J'o:reisn Atf&ira) and ~tba. On Jlorld., 7 Xfv 1962, of~ioial .talks began. Meetings were held elm-­ iDS the ID01"Ding and afte:rnooD with Dr. Ve1'WOUd and •sara. Icuw, Jooete, J'our1e, ~le, YSD de Wa.th (DePlV JliDlater tor South 'lest Atrleazl Aft'ain) and Botha. Subeequentq, a C01NI!I•D1que was iseued ~ointq 'b7 the South Ahicaa 0oYe1'111lent aDCl the UD1ted lfat10D& ~tor release to the Presa ora 8 Jrav 1962 :nad1Dg 1D part aa tollona "'Il the light of U'Change of 'riewa which took place t~ the Pri.­ JI1D1steza 1nv1tecl Aabaasador Carpio and Ambassador Martines de Alva to '9'1s1t South West Atrloa where the7 will be gi~ eve17 facility to aee whatever thq wish and to meet whomrler the7 4eaiN. "Ia extendiDg the invit&tioa the Prime llin1ster reiterated that such a riait to South West Urioa would 1D no~ imply &fU admission by the South Atrlcan 00ftZ'DIII9n1 ot UDited •t1ons authority. "The Chai:rman rmd Vice-Cbairmarl stated that in the light of the terms of tbl 1Dvitat1oa and of its acceptance 1v the Special Cournittae tor South Weet ~- thq accepted the present invitation. 'l'hey e~ssed their appreoia­ tioD to the Prime 111Dister and the South Ahicao tlo'Vs:rnment tor :the opport;urd:'7 to beooiD8 dl:rectq acquai~tecl with the Territor.r and 1 ts peoples. "~s for the visit are being mde and the itincra.ey will be mde kDOwn later." . On·~ ewninp, the United Nations party attended a dinnel' given b7 llr. Louw. On 'l'lleaclq, 8 Jlq 1962, the p1'8liminar;y discussions were conolucled. ,. ...

-2-

The i tiDerar.r ~or South West Atrica prondecl tor 10 ~ in the 'l'err.lto~

with Y.'.sits to Windhoek, Rehol»oth (9 J~a.y), ICaokoftld (10 Jla7) 1 ODdangua (11 Ji~v),

Buntu (13 _,), 'l'aume'b (14 ..), retum to Windhoek (15 Jfa7) 1 return to betoria na JCeetmaDshoop (18 Mq), 1eav1Dg South Atrica 26 lla7o The Chairman and Vioe-Cha11"111&11 reserved their right to uak.e alteratiana

in the i tiDerar.r it neoes88Z7 with pe~haps an extension ot the tiM spent in South West Urica by two or thNe dap. The Chairman and Vi~rman were given the assurance that their itiner&rl' would be given tull p&'bl~oit,- after their arrival 1D South West Atrl.• and in the •ant1M, cabled caammications ~ sent 'tv' the South !Mean authoritiM

to the ueu which the,- were to 'ri.sit o The Un1 ted !lations part,- arrived in Winclhoek on 9 May and also 'risited

Rehoboth (~ 50 miles tro. Windhoek) where the7 met 8IIIOil8 othe1'81 Mr. Jaoobwl BeuDa ani llroJ'vreira (•mbers of the Reho'both Cnmwnjv_, the t~r alao a petitionel" to tba Special Coaaittee for South West Af'rica) .. On TbuNU,., 10 JlaT 1962, the UDitecl JlatiODS part;y .lett tor the DOrthem areaa (Iaokan1d, ODcJazwm, OkaftDBO (Runtu)) and '1's188b ..

On '1\aeadq, 15 .lfa7 1.9621 the UDlted llaticma p8.1"t,- returned from the northem 'tour to WiDdhoeko UNITED lATIONS Press Sorvices Office of P>1blic Information United l~ations ., N~ Y, ! (For use of information media -;.·not an official record) ··

Press Release GA/2592 9 August 1962

TEXT OF STATEMENT MADE BY UN LEGAL COUNSEL

BEFORE S~CIAL Cet>OO:TTEE OF 17

The follo,.,ing is the text of the statement made this morning by Constantin A. Stavropoulos, the United Nations Legai Counsel, acttng as the S~cretary-General's representative for the Department of Trusteeship and Non-Self Governing Territories, before the Special Committee of 17: ·"I wish to refer to yesterday's meeting when, in substance, several questions were asked from various sides as to whether the United Nations Secretariat intended to investigate a rather serious incident which happened with regard to the Special Committee for South West Africa. "The Secreta~J-General is absent from Headquarters; and is eA~ected to return today. I therefore have not had the privilege of discussing the matter with him. However, I shall soon discuss it with him. Nevertheless, I am ready to make the following statement. "There is not the least doubt in my mind that an investigation will be made. In making this statement, I would like to clarify one thing in the first instance. The investigation will not take place because we have any facts Which create suspicion in our minds about the behavior of our staff. Indeed, the staff concerned bave been in the Secretariat for many years, are very capable, and only words of praise have until now been heard about them. That is not what moves us to investigate the case. There have been no facts or charges until now. "It is interesting to note that the incident in question occurred on 26 May 1962. Three months have elapsed and no competent authority has submitted any complaint against the staff. No charge has been made either oral,or in writing, to the best of my knowledge. There have been rumors, allegations, insinuations and innuendos, but no charge has been made. That is a fact of life. "It is rather peculiar that if something happened in the Committee at any place, whether away from or at Headquarters, with respect to the Secretariat, the officials of the Committee, namely the Chairman and Vice-Chairman, did not feel that they should make charges. This is very serious. It may be felt that they did not do so in order to cover up for the Secretariat. If this is so, while thanking them for their kind (more) - 2 - Press Release GA/2592 9 August 1962 thought, I must say that they did a disservice to the Secretariat. nwhen a delegation has any complaints against the Secretariat, they should be reported. We cannot afford to be below the standards of the Charter. Any organ of the United Nations should expect us to live up to the Charter. We ~ust live up to the Charter. In the same way, we need to be respected in our work, which is not always easy. We cannot be accused on the basis of emotion or political allegations. We must have facts. "Unfortunately I was not present at the meeting yesterday, but in carefully reading the verbatim record, I must say that I did not f i nd any facts. I did fin4 some innuendo of a very serious character. This is what brings me to say that we are going to conduct an investigation. I am sure that the Secretary-General will went ~l investigation to take place. "I hope that the investication will bring out the truth. Of course, the truth is not allm.ys pleasant for everybody. It might be pleasant for some and 1 t might not re for others. Should the truth prove that any member of the Secretariat acted incorrectly, the Committee may be assured that (a) the Secretary-General has the power to act S.nd, (b), he will act.''

* *** * .• UNITED NATIONS - NATIONS UNIES

NEW YORK

P'IL. ND.I Ti 21.4

••••• The enclosed colllllllllication dated 10 August transmitted to the Permanent Missions of the States H-abere the United Nations at the request o! the Permanent Represent&~o! South A!rica to

the United Natione. ~

.. •

10 August 1962 PERMANENt SOUTH AFRICAN MISSION TO THE UNITED NATIONS

1ST':' F"LOOR- 8!55 MADISON AVENUE

NEW YORK 21, N.Y.

REF. 10/1/5 August lOth, 1962

Sir, I have tl e honour, by direction, to convey to you the enclosed formal protest on behalf of the South African Government. Accept, Sir, the renewed assurances of my highest consideration.

~ PERIVIANENT REPRESENTATIVE

The Acting Secretary General United Nations NEW YORK. A I D E ME MOIRE

The decision of the Special Committee on South West Africa (by a 4 - 3 vote) to deny the authenticity of the Pretoria communique implies not only that Dr. Martinez de Alva has been lying, but also that the South African Prime Minister and the Minister of Foreign Affairs were parties to, or connived at, deliberate misrepresentation in the ~atter of Mr. Carpio's responsibility for the joint communique. Furthermore, the Committee's decision implies that Mr. Berendsen and Miss Yarrow are equally guilty.

The South African Government views the decision of the Committee, which is based solely on Mr. Carpio's allegations, in a most serious light in that it impugns not only its own integrity but also that of the members of the Secretariat.

It is significant that the Special Committee on South West Africa was apparently not prepared to hear evidence from either of the two members of the Secretariat who on Mr. Carpio's own admission, were present when Dr. Martinez de Alva consulted with him regarding the joint communique. Where there is such a complete conflict of evidence as in the case of the statements of Mr. Carpio and Dr. Martinez de Alva respectively, the recognised rules and principles of justice as observed in all civilised countries, require that all available evidence should be heard.

. . . I ' .

- 2 -

The South African Government also formally

pro tests ae~ai n~3t the outrageous accusations by thP. Chairman of the Committee, and apparently accepted by the Committee, that hR had been poisoned and that while in hospital had been held a prisoner under guard and was not permitted to see visitors. In the opinion of the South African Government tne Committee should have insisted on evidence being produced in support 0f this serious charge, for instance that of

Miss Yarrow w~10 visited Mr. Carpio regularly.

The South African Government reserves the right at the coming session of the General Assembly to bring to light Mr. Carpio's joint responsibility for the communique and also to show that before there was any suggestion of issuing a joint communique and in the discussions after the return from South West Africa, Mr. Carpio expressed agreement

with the findings referred to in the joint communiqu~. •• UNITED NATIONS - NATIONS UNIES

NEW YORK

riLil ND .t Ti 214

••••• The enclosed communication dated 10 August 62 s transmitted to the Permanent Missions of the States M-.bers the United Nations at the request o! the Permanent Represent&~ ! South Africa to the United Nations.

. .•

10 August 1962 PERMANENT SOUTH AF"RICAN MISSION TO THE UNITED NATIONS laC 1!5Tt:t FLOOR- 655 MAO I SON AVENUE ~ NEW YORK 21, N. Y.

REF. 10/1/5 August lOth, 1962

Sir, I have tl e honour, by direction, to convey to you the enclosed formal protest on behalf of the South African Government. Accept, Sir, the renewed assurances of my highest consideration.

~ PERrt'lANENT REPRESENTATIVE

The Acting Secretary General United Nations NEW YORK. A I D E ME MOIRE

The decision of the Special Committee on South West Africa (by a 4 - 3 vote) to deny the authenticity of the Pretoria communique implies not only that Dr. Martinez de Alva has been lying, but also that the South African Prime Minister and the Minister of Foreign Affairs were parties to, or connived at, deliberate misrepresentation in the Il't:ttter of Mr. Carpio's responsibility for the joint conwunique. Furthermore, the Committee's decision implies that Mr. Berendsen and Miss Yarrow are equally guilty.

The South African Government views the decision of the Committee, which is based solely on Mr. Carpio's allegations, i~ a most serious light in that it impugns not only its own integrity but also that of the members of the Secretariat.

It is significant that the Special Committee on South West Africa was apparently not prepared to hear evidence from either of the two members of the Secretariat who on Mr. Carpio's own admission, were present when Dr. Martinez de Alva consulted with him regarding the joint communique. Where there is euch a complete conflict of evidence as in the case of the statements of Mr. Carpio and Dr. Martinez de Alva respectively, the recognised rules and principles of justice as observed in all civilised countries, require that all available evidence should be heard.

. . . I . , ...

- 2 -

The South African Government also formally

pro tests aE:~ai n~> t the ou t.rageous accusations by the Chairman of the Committee, and apparently accepted by the Committee,

that hR h~d been poisoned and that while in hospital had been held a prisoner under guard and was not permitted to see visitors. In the opinion of the South African Government t:ne Committee should have insisted on evidence being produced

in support ~ f thi.s serious charge, for instance that of

Miss Yarrow w~10 visited Mr. Carpio regularly.

The South African Government reserves the right at the coming session of the General Assembly to bring to light Mr. Carpio's joint responsibility for the communique and also to show that before there was any suggestion of issuing a joint communique and in the discussions after the return from South West Africa, Mr. Carpio expressed agreement

with the findings referred to in the joint communiqu~. UNITED NATIONS Press Services Office of Public Information .United l~tions. 1 N.Y. (For use of . inf~~tion . media not an official record)

Press.Release GA/2596/Rev.l · 13 August 1962 .

Lm'ER DATED 10 AUGUST 1962 FRCM M.I. llOTHA 1

PERMANENT REPRESENTATIVE OF SourH AFRICA· TO THE UN1 ADDRESSED TO ACTING SECRETARY -GENERAL U .THANT

Sir, r· ha-ve the honor, by· direction, to convey to you the enclosed

formal protest· on behalf of the South African Governn~nt.

Accept,· Sir1 the renewed assurances of my highest consideration.

AIDE - MEMOIRE* The decision of the Special Committee on South West Africa (by a 4-3 vote) to deny the authenticity cf the Pretoria communique implies not only that Dr. Martinez de Alva has been lying1 but also that the South African Prime Minister and the

Minister of Foreign Affairs were parties to1 or connived at1 deliberate misrepresen­ tation in the matter of Mr. Carpio's responsibility for the joint communique. Fur­ thermore, the Committee's decision implies that Mr. Berendsen and Miss Yarrow are equally guilty. The South African Government views the decision of the Committee, which is based sole~ on Mr. Carpio's allegations, in a most serious light in that it impugns not only its own integrity but also that of the members of the Secretariat. It is significant that the Special Committee on South West Africa was apparently not prepared to hear evidence from either of the two members of the Secretariat who1 on Mr. Carpio's own admission, were present when Dr. Martinez de Alva consulted with him regarding the joint communique. Where there is such a complete conflict of (more)

*The names given in the aide-memoire refer to Victor1o D. Carpio (Pb:llippines), Chairman of the Special Committee for South West Africa; Dr. Salvador Martinez

de Alva (Mexico) 1 Vice-Chairman; Ian Berendsen1 Principal Secretary of the South West African Mission undertaken by the Chairman and Vice-Chairman; and Miss Jacqueline. Yarrow, Assistant Secretary of the Mission • - 2 - Press Release GA/2596/Rev.l 13 August 1962 evidence as in the case of the statements qf Mr. Carpio and Dr. Martinez de Alva respectively, the recognized rules and p~inciples of justic~as observed in all civilized countries, require that all available evidence should be heard. The South African Government also formally protests against the outrageous accusations by the Chairman of the c~~ittee, and apparently accepted by the Committee, that he had been poisoned and that while in hospital had been held a prisoner under guard and was not permitted to see visitors. In the opinion of the South African Government the Committee should have insisted on evidence being produced in support of this serious charge, for instance that of Miss Yarrow who visited Mr. C~rpio regularly. The South African Government reserves the right at the coming session of the General Assembly to bring to light Mr. Carpiots joint responsibility for the communique and also to show tha~ before there was any suggestion of issuing a joint communique and in the discussions after the return from South West Africa, Mr. Carpio expresaed agreement with the findings referred to 1n the joint communique.

·ll- *** * UNITED NATIONS Press Services Office of Public Information United nations I N.y. (For use of information media not an official record)

Press Rel-ease GA/2596/Rev·.i · · 13 Augus·t 1962 . .

LErl'ER DATED 10 AUGUST 1962 FRCM M.I. BOTHA; ,·.· .

PERMANENT REPRESENTATIVE OF SOUTH ·AFRICA TO THE UN 1 ADDBESSED TO ACTING SECRETARY -GENERAL U TRANT

Sir, I have the honor, by direction, to convey to you the enclosed formal protest. on behalf of the South African Gover~ent.

Acceptj Sir1 the renewed assurances of my highest consideration.

AIDE - MEMOIREII' The decision of the Special Committee on South West Africa (by a 4-3 vote) to deny the authenticity of the Pretoria communique implies not only that Dr. Martinez de Alva has been lying, but also that the South African Prime Minister and the Minister of Foreign Affairs were parties to, or connived at, deliberate misrepresen­ tation in the matter of Mr. Carpio's responsibility for the joint communique. Fur­ thermore, the Committee's decision implies that Mr. Berendsen and Miss Yarrow are equally guilty. The South African Government views the decision of the Committee, which is based solely on Mr. Carpio's allegations, in a most serious light in that it impugns not only its own integrity but also that of the members of the Secretariat. It is significant that the Special Committee on South West Africa was apparently not prepared to hear evidence from either of the two members of the Secretariat who1 on Mr. Carpio's own admission, were present when Dr. Martinez de Alva consulted with him regarding the joint communique. Where there is such a complete conflict ot (more)

*The names given in the aide-memoire refer to Victorio D, Carpio· (Philippines), Chairman of the Special Committee for South West Africa; Dr. Balvador Martinez de Alva (Mexico), Vice-Chairman; Ian Berendsen1 Principal Secretary of the South West African Mission undertaken by the Chairman and Vice-Chairman; and M!ss Jacqueline Yarrow, Assistant Secretary ot the Mission. Press Release GA/2596/Rev.l 13 August 1962 evidence as in the case of the statenents of Mr. Carpio and Dr. Martinez de Alva respectively, the recognized rules and principles of justic~as observed in all civilized countries, require that all available evidence should be heard. The South African Government also formally protests against the outrageous accusations by the Chairman of the Con·1ittee1 and apparently accepted by the Committee, that he had been poisoned and ttat while in hospital had been held a prisoner under guard and was not ~ermitted to see visitors. In the opinion of the

South African Government the Committee should have insisted on ev~dence being produced in support of this serious charge, for instan~e that of Miss Yarrow who visited Mr. Carpio regularly. The South African Government reserves the right at the coming session of the

Genera~ Assembly to bring to light Mr. Carpiots joint responsibility for the communique and also to show tha~ befere there was any suggestion of issuing a joint communique and in the discussions after the return from South West Africa, Mr. Carpio expressed agreement with the findings referred to in the joint communique.

* *** * UNITED ·NATIONS Press Services Office of Public Intornation United llations, N.Y. . . (For use of intormation .media --not an official record)

Press Release GA/2596/ReV.l 13 A~gust 1962

LErl'ER DATED 10 AUGUST 1962 FRQ.! M.I. ~~ PERMANENT REPREsgNTATIVE OF SOtJl'H AFRICA TO THE UN, ADDRESSED TO ACTING SECRETARY -GENERAL U TRANT

Sir, I have the honor, by direction, to convey to you the enclosed formal protest on behalf of the South African Governn~nt. Accept, Sir, the renewed assurances of my highest consideration.

AIDE - MEMOIRE* The decision of the Special Committee on South West Africa (by a 4-3 vote) to deny the authenticity of the Pretoria communique implies not only that Dr. Martinez de Alva has been lying, but also that the South African Prime Minister and the Minister of Foreign Affairs were parties to, or connived at, deliberate misrepresen­ tation in the matter of Mr. Carpio's responsibility for the joint communique. Fur­ thermore, the Committee's decision implies that Mr. Berendsen and Miss Yarrow are equally guilty. T.be South African Government views the decision of the Committee, which is based solely on Mr. Carpio's allegations, in a most serious light in that it impugns not only its own integrity but also that of the members of the Secretariat. It is significant that the Special Committee on South West Africa was apparently not prepared to hear evidence from either of the two members of the Secretariat who, on Mr. Carpio's own admission, were present when Dr. Martinez de Alva consulted with him regarding the joint communique. Where there is such a complete conflict of (more)

*The names given in the aide-memoire refer to Victorio D. Carpio (Philippines), Chairman of the Special CoDIIlittee for South West Africa; Dr. Salvador Martinez de Alva (Mexico), Vice-Chairman; Ian Berendsen, Principal Secretary of the South West African Mission undertaken by the Chairman and Vice-Chairman; and Miss Ja·cqueline Yarrow, Assistant Secretary of the Mission. - 2 - Press Release GA/2596/Rev.l 13 August 1962

evidence as in the case of the stateme~ts of Mr . Carpio and Dr. Martinez de Alva

respectively, the recognized rules and principles of j us tic~as observed in all civil i zed countries, require that all avail able evidence should be beard. The South African Government also formally protest s against the outrageous

accusations by t he Chairman of t he C~ittee , and apparently accepted by the

Committee, that he hsd been poisoned and · ~at while in hospital had been held a prisoner under guard and was not pe!'IUtted to ~ee visitors. In t he opinion of the South African Government the Commit tee sho•.:lld have insisted on e,r;_ d.ence being produced in support of this serious charge, for i nstance that of Miss Yarrow who visit~d Mr. C ~ !'PiO regularly.

The South African Government rese~ves the right at the coming session of t he

Gener al Assem~ly to bring to light Mr. Carpiots joi nt responsibi lity for the communique and also t o show tha~ before there was any suggestion of issuing a joint communique and in the discussions after the r eturn from Sout h West Afr ica, Mr . Carpio expr e ~ded agreement with the findings ~eferred to in the joint communique .

* *** *

UNITED NATIONS Press Services Office of Public Information United Nations, N.Y. (For use of information media -- not an official record)

Press Release SG/1290 15 August 1962

U THANT APPOINTS COMMITTEE 12-f}ESTIGA~ CONWOI' OF SECREI'ARIAT RBGARDING SOUTH WEST AFRICA MISSION ~ Acting Secretary-General U Thant has decided to establish a Ccmmittee of Investigation to investigate the conduct of members of the Secretariat in relation to the issue on 26 May 1962 of the alleged Joint Statement by the Pri~e Minister and the Minister of Foreign Affairs of South Africa and by the Chairman and Vice­ Chairman of the Speci.al Curmittee for South West Africa. The Committee will be composed of the following: c. A. Stavropoulos, Legal Counsel, Chairman. G. J. K. Amachree, Under-Secretary in Charge of Congo Civilian Operations. Jiri Nosek, Under-Secretary, Office of Conference Services. Jose Rolz-Bennett, Deputy Chef de Cabinet. The Office of Legal Affairs will provide the secretariat of the Committee. All facilities necessary for the proper conduct and expeditious conclusion of the investigation will be made available to the Committee. The Committee has been requested to report to the Acting Secretary-General on the results of its investigation as soon as possible and not later than 15 September 1962.

* *** *

Note: This announcement appears in Information Circular &r/AD:4./SER.A/788. UNITED NATIONS Press Services Office of Public Information United Nations, N.Y. (For use of information media -- not an official record)

Press Release SG/1290 15 August 1962

U THANT APPOINTS COMMITTEE TO INVESTIGATE COr!:WOT OF SECRETARIAT REGARDING SOUTH WEST AFRICA MISSION

Acting Secretary-General U Thant has decide~ to establish a Ccmmittee of Investigation to investigate the conduct of members of the Secretariat in relation to the issue on 26 May 1962 of the alleged Joint Statement by the Prime Min!ster and the Minister of Foreign Affairs of South Africa and by the Chairman and Vice­ Chairman of the Special CLmmittee for South West Africa. The Committee will be composed of the following: C. A. Stavropoulos, Legal Counsel, Chairman. G. J. K. Amachree, Under-Secretary in Charge of Congo Civilian Operations. Jiri Nosek, Under-Secretary, Office of Conference Services. Jose Rolz-Bennett, Deputy Chef de Cabinet. The Office of Legal Affairs will provide the secretariat of the Committee. All facilities necessary for the proper conduct and expeditious conclusion of the investigation will be made available to the Committee. The Committee has been requested to report to the Acting Secretary-General on the results of its investigation as soon as possible and not later than . 15 September 1962.

* *** *

Note: This announcement appears in Information Circular ST/ADM/SER.A/788. UNITED NATIONS

SECRETARIAT ST/ADM/SER.A/788 15 August 1962

INFORMATION CIRCULAR

To: Members of the Staff From: Director of Personnel

Subject: COMMITTEE OF INVESTIGATION

The Acting Secretary-General has decided to establish a Committee of Investigation to investigate the conduct of members of the Secretariat in relation to the issue on 26 May 1962 of the alleged Joint Statement by the Prime Minister and the Minister of Foreign Afrairs of South Africa and by the Chairman arid Vice-Chairman of the Special Committee for South West Africa. The Committee will be composed of the following: Mr. C.A. Stavropoulos, Legal Counsel, Chairman Mr. G.J.K. Amachree, Under-Secret ary in Charge of Congo Civilian Operations

Mr. J. Nosek, Under-Secretary, Of~ice of Conference Services Mr. J. Rolz-Bennett, Deputy Chef de Cabinet The Office of Legal Affairs will provide the Secretariat of the Committee. All facilities necessary for t he proper conduct and expeditious conclusion of the investigation will be made available to the Committee. The Committee has been requested to report to the Acting Secretary-General on the results of i ts investigation as soon as possible and not later than 15 September 1962. • "

412/2 14 11&7 196.3

Sir,

I :ve the honour to t .-it ~h the text or the •olut.ioa 0. t.be q .tioD ot SOlltla V..t A.f'rica adopted by tM, Special eo-1\t.ee on tbe eit ti with rec to the ~~111- tiJ or tbe DeclaratioD on the cl"&<inl or oe to . colOili&l. o r1 • and peoplM at it. l69t.h ...t ing on 10 11&7 1963 (.A./.A.C .l09/43). lt t ...tin& t Chai1waD i.Dto d the Special ec-itt tlat t text or thie solution W'Oald tn.naait d to t.be Seeurit7 u t hro the cntary-Qefteral.. Ace pt, i r, t ranc • ot ~ hi&be•t co ideratioo.

( u -----

H•• llr. er Sqdowc sident or the S.curit.y CO\IfteU Uni d t ion• · York

cc Mr . C. V. Naras;imhan Mr. M. E. Chacko - DRAFI' -

TR 412/2 14 May 1963

Sir,

I have the honour to transnit herewith the text of the resolution

an the question of South West Africa adopted by the Special Committee

on the situation with regard to the implementation of the Declaration

on the granting of independence to colonial countries and peoples at its

169th meeting on 10M~ 1963 (A/AC.l09/43).

At the same meeting the Chairman informed the Special Committee

that the text of this resolution would be transmitted to the Security

Council through the Secretary-General.

Accept, Sir, the assurances of my highest consideration.

U Thant Secretary-General

H.E. Mr. Roger Seydoux President of the Security Council United Nations New York ---- -

UNITED NATIONS • NATIONS UNIES INTEROFFICE MEMORANDUM

TO: Tho Socrotary...{lene~ ~(' Date: 6 May 1964

THROUGH:

Godfrey K. J. Amachree, Under-Secretary FROM: Department of Trusteeship and Non-Self-Governing Territories SUBJECT: Visit of Sub-Committee of Committee of 24 to London

••••• I attach the draft Aide-Memoire for the Sub-Committee of the Committee of 24 to visit London which I mentioned to you when I last saw you. I should be most grateful if you would be good enough to have a look at it and let me know when we can discuss it.

The Aide-Memoire is intended to serve the following purposes:

(a) To make it clear to the United Kingdom and Southern Rhodesian Govermnents that the United Nations is prepared to assist them in their efforts to resolve the problems of Southern Rhodesia.

(b) To endeavour to persuade the Southern Rhodesian Govermnent to agree to talks in Southern Rhodesia at which representatives of all sections of the community will be represented. The object of the talks will be to endeavour to seek solutions to the country's problems.

(c) To offer the good offices of the United Nations, should it be necessary"' to persuade the African polltical leaders to participate in the talks referred to above.

(d) To discover how earnest the Southern Rhodesian Govermnent is to lessen tensions in Southern Rhodesia.

It may transpire that the future attitude of the United Nations to the problems of Southern Rhodesia will be detennined by Mr. Smith 1 s reaction to the proposals contained in the draft Aide-Memoire.

I would like to emphasise that the Aid-MeJ;noire is intended only as a guide and it is for the members of the Sub-Conunittee to accept or reject the proposals contained therein. • •

DRAFT

Visit of Sub-Oammittee of Committee of 24 to London Aide-H.aaoire for the SUb-Committee

1. The Sub-Committee should make it clear that they do not intend, by

their presence in London, to open a debate on the question of Southern

Rhodesia. They have debated the question often enough and would therefore

prefer to discuss with the British Govermnent possible solutions to the

problems facing that country.

2. The Sub-Committee should emphasise the fact that the situation in

Southern Rhodesia has deteriorated. to the extent of causing a lot of

concern to the member nations of the world body. This being the case

the United Nations can no longer remain indi.tferent to happenings within

Southern Rhodesia which in the opinion of the member nations may likely

disturb world peace. The Uni~ed Nations believes that Southern Rhodesia's

problems can be peacefully resolved it only Southern Rhodesians will be

willing to get together and discuss those problems.

3. One of the aims of the Sub-Committee is to assi st in making

possible a discussion of their problems by Southern Rhodesians. If

the indications are that such a discussion is feasible 1 the United Nations will, if called upon to do so, offer its good offices to all

concerned.

4. Problems to be resolved

As the Sub- Committee sees it 1 the following are same ot the causes ot t ensi on in Southern Rhodesia :

(a) The possibility ot a unilateral declaration ot indeperdence by

the present Government. .

2.

· (b) The inequitable electoral system entrenched in the Southern

Rhodesia Constitution.

(c) The arrest and incarceration of I'll". Joshua Nkomo and his

political associates.

(d) The banning of political parties, thus depriving Africans of

an opportunity to participate in the affairs of Southern Rhodesia.

(e) The existence of discrilllinatory legislation, more particularly

the lAnd Apportiomnent Act •

(f) The rigorous enforcement of the Ia.w and Order Maintenance Act.

(g) The absence of any personal contacts between Europeans and

Africans.

(h) Refusal by the Goverrment to hold a Cbnstitutional conference

with a view to amending the present Constitution.

(i) Refusal by the Government to grant an amnesty to all political

prisoners and others condemned to death under the law and Order

Maintenance Act.

(j) The lack of opportunity for Africans to participate fully in

the Government of the country, more especia.lly in senior positions

in the Civil Service.

Proposals to Southern Rhedesian Gowrnment 5. The fub-Committee is fully aware of the views of the Southern

Rhodesian Government and of the African political leaders on some of

1 the problems referred to above 1 but it is the Sub-Colmnittee s view t hat such differences of opinion as exist between the GovenDllent and the

African leaders can onlJr be resolved if both sides are wi J 1 1 ng to discuss

their differences. For there to be any compromise immediate steps should r .

3.

be taken to ~ssen the tensions which now prevail in the countey. For

the lessening of tensions the Gov.rnment can play a major role and in

the Sub-Committee's opinion, the Government may wish to consider t aking

the following steps:

(i) Consistent with the statements of members of the

Southern Rhodesian Cabinet 1 the Government should agree to the holding of a meeting of Rhodesian peoples in Salisbur,y :in

order to afford both the Fm-opean am African leaden, ae wll.

the Government, an opportunity to diecuss and seek solutions to

the problems of the countr,y.

(ii) The release, as a gesture of goodwill by the govel'DIIl8nt 1 of all political l eaders detained under the lAw aDd Order

Ma:i. ntenance Act so as to enable them to participate in such talks.

(This gesture on the part of the government will greatly ease

tensions).

(iii) An assurance by the government that it does not intend,

either now or :in the future1 to declare Southern Rhodesia independent.

Role of the United Nations

6. (i) The United Nations will, if requested to do so, offer

its good offices by seming out to Southern Rhodesia a Sub­

Committee to persuade the African leaders to participate in the

talks referred to above.

(ii) The United Nations will do its utmost to persuade the

African political leaders and their followers to co-operate with

the goverrment in the maintenance of law and order so t hat the

talks may be held in a calm atmosphere. , ' •

4.

Suggested Topics to be diacussed at the Meeting of Sout hem Rhodesian Peoples

7. (a) An eDJDination of the present Constitution with a view to

amending it in order to modify the present inequitable electoral

system.

(b) The repeal of the land Apportionment Act.

(c) Repeal of the law and Order Maintenance Act.

(d) Consideration of measures to improve relations between

Europeans and Africans.

(e) The release of political prisoners.

(f) Measures to facilitate a greater participation by Africans

in the affaire of Southem Rhodesia, especiall.y in the Ci"fil Service.

Suggested Procedure at London lfeetinSs

8. The Uoited Nations Sub-Committee is likely to be represented b7 four or five prmanent representatives. The Chairman of the Coaldttee of 24

will, it is understood, lead the delegation. It is suggeated that he should

be the g!Y:z spokesman 1 and he should present the above proposals to the

Unit~d Kingdom Government for transmission to the Southern Rhodesian

Goverrment. This should be done at the first meeting, and the Southern

Rhodesian Government should be requested to cCIIlJilUllicate its views on the

proposals as a matter of urgency. Ql the receipt of the views of the Southern

Rhodesian Government t he Sib-Committee will determine its next line of acti on.

9. Should the Southern Rhodesian Government reject the proposals of

the Sub-CODIDittee 1 it is suggested that the proposals 1 together with

the reply of the Government of Southern Rhodesia1 should be published.

It is, however 1 important to warn the members of the Sub-Cammi.t tee before

they eaib&l'k on any discussion that the Southern Rhodesian GoverD~ent is

bound to give pa1"8lii.O'Wlt consideration to possible political repercussions ~ ......

;.

if it should accede too readily even to the most reasonable demand. There

will therefore be a lot of prevarication on the part of the Southem

Rhodesian Government. The Sub-Committee should therefore endeavour to be

as \Ulderstanding as posa:l. ble. It is believed, however 1 that the Goveriiilent of Southem lhodesia is not entirely averse to such reasonable suggeationa

as may assist it in its quest for solutions to its problems; neither does

it, contrary to the pronouncements of same of its Ministers, regard t he

United Nations as its "b8te-noir". Thus, in his recent pronouncement,

Mr. Smith said that:

11With011t departing fran the principle that the Sub-Committee bas no competence to interfere - but recognizing t heir conciliatory intentions - I am prepared to present them, through our representative in IDndon,. with those facts lilich may serve to remove misunder standings created by others".

The proof of Mr. Smith • s recognitiori of the "conciliatory intentiona" of the Sub-Committee will be his reaction to the above proposals. ;) I' CR.l3 (4-59) ROUTING SLIP Comments for the record should not be written on this . slip. REFERRAL SHEET PT.l08 should be used instead. • TO: The Secret ary-General

APPROVAL I XX ,YOUR INFORMATION MAY WE CONFER 7 ' AS REQUESTED

YOUR SIGNA1URE FOR ACTION 1NOTE AND Fll..E REPLY FOR MY SIGNA 1URE

NOTE AND RETURN PREPARE DRAFT YOUR COMMEN'IS ATTACH RELATED PAPERS

DATE: FROM:

I 30/6/ 64 G. K. J. Amachree L~ ••

GKJ /am

TR 200

ir,

1 baw tJM honour to reter to pangnpha Sand 6 ot Cenenl Aae 17 reaolut1on 180.5 (MI) ot l4 Dec ber 1962 011 the ation ot uth eat Atrioa, which reada aa follower

• .5. ~·o• the Seant&J7...Qeneral to appoint. a UD1ted. lationa 'l'ec~ Aaaiatance Beaident. BapreHDtatiw tor South eet Africa to aahiew the objectiw 0\rt.l.iDed 1n Geaaral All ]J" reaol t.ion 1.566 (.D) et 18 Dec r l 96o am raph 2 (g) of reaolutiGil 1702 (XVI) 1 in couultation with the Speoial Ocllllitt.ee; •6. l!su•ft.• the cNt&l"7-QeDU'al to take all nece••ar.T •tepa to e etabliah an •ttecti ft United latiou pretence in South e.t AfricaJ •

The Genen.l Aaa.m.l71 1n ita naolution 1899 (.DIII) ot 13 lcmaber 19631 nqueeted the SecretaJ7-GeMralt

"~ ) !o ccmtinu hie ettort.e with a n ew to acbininl the objectina ~ted in opentift pangrapba .5 6 of Genen.l Aal bq Nlolution 1 .S (M I)J .

• (b) To in'ri.te the GowJ"~~Mnt ot South Atrioa to intona h1a ot ita deai aion ng r41na tbe prorlaiou of thoae p&J'II&n.ph• not later than 30 Bonaber 19631•

The cr.ta.r;r-General, b7 letter dated lJ r 1963 aaed to the Chair.man of the Delegation of uth Atrioa to t he eigbt... nth ..eaion ot the Genen.l Aea bl7, t ranait.ted the tut of naolution 1899 (IVIll) aD1 requeeted intol'll&tion conoeming the decieion of the Gowi'DMUt ot tJllth Atnu. n&&rcli.D& the pro'daion• of pa:rqrapha S and 6 ot General s bl7 re110lution 1805 (XVII).

The Cba1ftlan of the Delegation of So t h Atrioa to t he eight.Mnth Nation of t he General Aaa.abJ¥ 1n hia npl.T to the Secnta17-General dated. 20 lo.-ber 1963, et.ated •• toll.owaa •. ··/2 H. I. llr. ttbp I. Both& Aabaau.dor r&ord1Da17 and Plenipotentiar,r PelW.Ilent Bapreaent.ati Ye ot South Atr1• to t Unitecl latione 655 Madiaon Aftlllll 1 15th Floor lew Ioric, R.I. 10021 -2-

rlcan Pei'IU~etlt. • etn••ecl that until

Accept, i r • th eu.rancee ot rq hi&heet coneiderat ion•

• J. • cl'Wt.&J7, part.aent of Trua ahip and Non-Selt-Gowming '1'erritoriea NEW YORK TIMES, WednesdAv,-v 23 November 1966

,

( .... - ..- , ... ' ! • . '' ... ,·... ~ • ! ,~. 'i ' ..:· . \>:. • ' lftfl'l,Y"tnn~tt·,._ but not unex should decline to serve on the fourteen· me!llber United Nations Gel hoc Committee on South· West Africa. Apart from this setback, Abdul Rahman Pazhwak of Afghanistan, President of . the' General Assembly, has named a committee that reflects fairly. well the geographic · and power distribution among U.N; members. The refusals of Britain and France were fore· shl!odowed last month by their abstentions on the · A$8em,bly's declaration that South Africa's mandate ·over South-West Africa. was "terminated." Given President de Gaulle's distaste for the General Assembly and for U.N. interventions, France probably would not have participated under any circumstances. Britain ,DUght have been willing to do so if an American atteJllpt to broaden tlle. t:om.mittee terms .of reference and blunt any immediate U.N. responsibility for South· . W.eJ~ #rica P,ad been acc~R~4· But the British decided against joining a committee whose majority might demand an embargo on trade with South Africa that could magnify Britain's trade and payment& crisis. So ~ U • ~ ee JllUSt determine how to ~M.61~~n tli6 Aia.l! i1Y te!lolution and bring self· :, ,cfiMtimbmflon (o So t Africa without the :'~~~~;9t~!tJi~·~~ kecurity Council members a owtitt C Ina w n6t Plvited). These absences taiB doubts to whether the Council will order any -aOti0\1 ~ et~JDDiittee ~commends by its deadline iutitJ!htaJ,alnin~ ~ American pu:ticipation, Arthur J, Gold· berg ~ut such emphasiS on the committee's responsi· bifttr t9 ~lt- a •p.eate( l" solution in South-West .Afrieilil that Africlal\lr oke4- if Washington ha.d t'etrea\ed frotn its strong. s\:li.nd on the issue.· There ~·.~~n.~ r~\r~'\t• .but.obV-i9usly it wlll be extremely ..diffllill lor the . coriuidt.tee t6 fill Mr~ uo·u1oer2: for recommendations that and·within the capacity 1TEW YOR< T JMES. Stmday, 7 August 1966

Bloc Will Ask Aaaembly to

1 Revoke or Shift M!\ndJte of South·West Afr ca

s ... . a {,_, .. They also have asserted that South Africa has failed to en­ courage the political, social and. economic welfare of the people' or to assist them toward self-, determination and Independ­ ence. For these and other reasons, the Assembly wfU probably be asked to authorize the appoint­ ment of a United Nations com­ mission to Investigate condi­ tions In the territory. The Pretoria Government Is un­ likely to permit any such com- mlssion to visit South, West lAfrica. However, the commis­ sion could hear the testimony/ of refugees. . In addition, t~ strategy com­ mittee Is studying the useful­ ness of seeking an advisory opinion from the In~mational Court of Justice on the manda­ tory powers of Sol.lth Africa In her. neighboring territory. The

I : · . t I .I 'I'"~ These two countries were chosen to bring the action be­ fore the Court because they alone among the black African states had been members of the League of Nations. A request for an opinion by a majority of the members of the Assembly, it is believed, might have more weight with the World Court. : Whatever the Assembly does, there seems lfttl'! reason to be­ lieve that South Africa wlll comply With Its decisions any more than she has yielded In the past to demands for an end of her own domestic policy of apartheid, or rigid racial sepa­ ration. However, ff South Africa flouted the e:~tpressed wfU of a/ majority of the Assembly and an opinion by t.he World Court, the way wolJ)d be open for the African states to move for the application of economic sanc­ tions. This CVN/nt

l1d.jh to eaJ:Dalr~• attar 21 l9(i6 cell~ tbe -IDU'IIIU;p at

to~ ~~ DM:ee.. :r aetiarl to --...-...- v~.... tt to

cc - Mr. Narasimhan Mr. Chacko / Mr. Lemieux V UNITED NAT1;-;.0-..N_s_·___ ..., Delco AC Batteries tilt for a • tor a good start tn qood iournp:·

THE ONLY ENGLISH NEWSPAPER IN SOUTH WEST AFRICA Member of the Audit Bureau of ClrculaUons of South Africa Limited Prtnt.d and PuhHaheet try Joh" M"'""" tpty1 Lt-". wt'""'nelr Reat•tered at the General Post Olllce, Wlndhoe• No. 6121 lc South Weat Alrlca, u a newspaper Windhoek, Friday, 14th April, 1967 "SWAPO IS RED-BACKED": POLICE DEPUTY MINISTER MORE TERRORIST ACTIVITY IN OV AMBO LAND House of Assembly, Thursday. A group of trained terrorists armed with Russian semi-automatic rifles last month infil­ SWA~ trated the Western Caprivi Strip on their way to rf'ly ohjN'ted to The terrorists opened fire on testified before U.N.O.- in New this deliberate dect>ptlon by the pr>lice and In the resulting York. This step was taken to their lt>aders. skirmish two semi-automatic leave the impression that he AIUti:ST rifles had been recovered. Since represents the whole of South "They were threatened with then "very nearly the whole West Africa. The leader of this arrest if they should leave the group" had been arrested. organisation In Cape Town was camp, and a number of them

Speaking in Committee of 1 Herman Ja-Tolvo. were lnfact so arrestee! and Supply on the Police Vote, the "Herman Ja-Tolvo, who was detained until they had cooled Deputy Minister gave a review recently arrested In Ovllmbo­ down. A large number wished of terrorist activities and alms land for terrorist activities, con­ to return to S.W.A. but owing In South West Africa and po­ fessed in a statement obtained to lack of financial means and llee actions to combat them. I from him that, In addition to valid travel documents were compelled to stay and obey FOUNDER Prof. Simons and Brian Bunt­ He said that among mem­ Ing. he also made acquaitance orders. . with wAl-known South Afri<'an "From Dar t•s Salaam trai­ bers of the South West Africa nees were dispatched In groups People's Orgar.iAAtion -who t/dd 1· ,,,mm . . 'st>: such as Df'nnis Goldberg, Ben Turok. Fred varying from 10 to 30 In num­ recently been arrested, was one ber to Russia. Red China. Egypt. of the founders of the organi­ I Carneson, George Peake and others. These last-mentioned Ghana, Algeria and North Ko­ sation. This person had confes­ rea. sed to being a communist and persons are all self-confessed communists, and have or are AltMED that SW~PO was completely "During September 1965 the under communist domination. serving terms of imprisonment for participation In communist first group of six SWAPO terro­ He had also said that It was rists returned and Infiltrated SWAPO's intention to form a activities In the Republic of South Africa. Most of the exe­ Into Ovambnland. They wert> communist-based system once It armed with Russian-manufac­ had succeeded in taking over cutive members of SW APO were actually trained and in­ tured sub-machine guns. Rus­ the control of South West aian-manufatured automatic Africa - control not just of spired by these mentioned com­ munists and all of them· have pistols, and thousands or Ovamboland but the whole of rounds of ammunition for these In fact accepted the principl e~ S.W.A. He was very outspoken firearms. in his criticism of the Alne­ of communist ideology. ''The terrorists established an rican war effort in Vietnam to SAM NUJOMA underground hldt>Out In an Iso­ atem the comrrtUnlst tide. "During 1961 a prominent lated dense forest In Ovambo­ EVIL member and present Pre~ident land. Here. with assistance r>f The Deputy Minister said he . of SWAPO, Sam Nujoma, flf:'d local SWAPO politicians. they wished to give an assurance S.W.A. after instigating a riot recruited and trained local Ovambos in terrorism and gue­ that the Government woulfl do In Windhoek. ·He was subs~ ­ everything in Its power, through quently followed by other pro­ rilla warfare. minent leaders of SWAPO . In On Aupst 28 last year this the pollee, to combat this evil terrorist camp was dlseovt>red which had lnf11trated into South December 1962 a meeting of self-exiled SWAPO leader!! was and attacked by the South Af­ West Africa. The pollee were rican Police sent to arrest there in sufficient number!! and held in Dar-es Salaam. Here it was decided that Ovambo tribes­ terrorists. In the ensulnl sklr~ had been properly provided mlsh two terorlsts were klllPd. with the necessary ammunition men, all of whom had to be under the age of 30 years. were one wounded and &eVen arrest­ and vehicles. ed. A few terrorists managed An estimated 900 trainee ter­ to be sent from S.W.A. to Dar to escape. rorists had left South West Af­ es Salaam to receive training AB&ESTS rica under the auspices of in guerilla warfare, terrori!ml "Since then we have arrest­ SWAPO with promises of scho­ and sabotage, with the sole ob­ ed a number of locally trained larships to stud~· overseas, but ject of undermining and even­ terrorists, most of them havtng only about 20 actually held qua­ tually taking over the admini­ completed Initial tralninl prior lifications justifying admission stration of S.W.A. by means to the pollee raid on the camp. for advanced study. the methods and active assis­ and having returned to their tance, financially and other­ aj)odes awaiting Instructions HANDFUL wise, of RuSliia, Red China and "It is significant that SWAPO from their leaders. other communist countries such "Ten local SWAPO politicians concentrated on recruits of very iiB Ghana, Algeria, Egypt, North 1 low educational standard. Only accused of having actively as­ Korea, Tanzania and Cuba. alsted and of conspiring with a handful of Ovambos who INSTBUCI'IONS could possibly qualify for ad­ the terrorists to commit acts "Furthermore It was decided of terrorism amonpt th• vanced acedemic studies were that such recruits would be Ovambo people and White offl· am·ong these recruits. told that they -could obtain clals have 10 far been arrested. They were accommodated at scholarships in Britain and the SWAPO "foreign office" in U.S.A. and that apart from the Francistown before being taken offered scholarsttlps a salary to Dar es Salaam. would be paid t~ them during Some of these recruits were their course of training. In­ dissatisfied when they arrived structions were then sent to in Dar es Salaam and found remaining SWAPO leaders in S. that they had been attracted W.A. to recruit men for this there under false pretences, but purpose. although they had been allow­ "These trainee terrorists left ed to travel through Africa to· S.W.A. in small groups varying Dar es Salaam without valid fr.om two to five persons. They t~;avel documents, they were were instructed to ,report at the refused permission 'to return SWAPO foreign office, estab­ for this reason. lished for this purpose, in Fran­ MINISTER clstown. Here they were ac­ The Deputy Minister said: commodated for perloda up to 1 UI'W'U.. .. ~-n·1. \ll-· A, f'PtnD 'PAn- "'"' rnnnthc hlafn1"P tw.inl!' des- W .A. to recruit men for tbls there under false pretences, but purpose. although they had been allow· "These trainee terrorists left ed to travel through Africa to· S.W.A. in small groups varying Dar es Salaam without valid fr-om two to five persons. They tz;avel documents. they were were Instructed to .report at the refused permission 'to return SWAPO foreign office, estab­ tor this reason. lished for this purpose, In Fran­ MINISTER clstown. Here they were ac­ The Deputy Minister said: commodated for periods up to "The South West Africa Peo· six . months before being des­ pie Organisation was founded In patched in groups of 10 to 30 for 1957 l:1y a group of Ovambo Ia· Dar es Salaam, Tanzania. bourers In Cape Town, on ad· "On arrival at Dar es Salaam vice of well-known communists. these so-called propsectlve aca­ Orllinally the name of this or· demic student!! were rudely In­ ganlsatlon was "Ovamboland formed by their leaders that the Peoples' Organisation" NEW YORK TIMES, Sa:turday, 15 Apri11967

The contention in your March 26 editorial that the South Afri­ can Government's grant of self­ govet·nment to Ovambol~d wa.a a "maneuver" to confuse the be ~to United Nations Ad Hoc Com­ malhti.Dt --t.iJDt1 u mittee Is fat· from convincing to'I!Alty 'dlstlnct and isolated since this step toward gre&ter units too small to maintaln a autonomy tor the peoples o! viable economy in the modern South- West Africa. had been sense. On the contrary, It is foreshadowed in the Odendaal hoped and can be confidently Commission's report which Jn­ expected that the closest eco­ quit·ed Into tile needs of the ter- nomic coopera.Uon will come ritory during 1962-63. , about between them, on the Paramount In this Issue at·e basis of agreement between the wishes o! the local popula­ equals." tion-not what outsiders in theh· However, we both agree wisdom see tlt t o postulate for that the territory has bright Soutl).-West Africa. At Oshaka.ti economic prospects-a view also the South African Government shared by the local population. not only acceded to Ovaml>o­ The remarkable progress al­ land's request for self- goyem­ ready achieved by channeling ment but went. further by o!!er­ into its economy South Afl.'ican ing self- determination to all and other capital, modern sltills, other groups to enable each to technology, enterprise and l.ni­ "a.ttaln complete Independence lia.tlve, a.lded "by the expert ad­ and determine Its own future vice of more than seventy com­ freely; .•• to decide whether It missions of inquiry, has cul­ prefers to pursue lts own course minated in the present five-yea.r as an independent nation, or development program costing whether It chooses to cooperate $154 ril.llllon. · with other nations In some way or another." spects 'lfli~MiMI'·JtJie last session of the. PopuJatfon'l Decision sembly the South This quota.tion aLso answers delegation repeatedly your assertion that South A!­ pleaded for continued dialogue t·ica desires the "fragmentation" which, In the wot·ds of my For­ of South-We8t Africa. My Gov­ eign Minister, was "so neces­ ernment has no such deeiro. ~ sary for better understanding here too the fina.l w and cool_leration." Could it be with the peoples ot that your Inference that Wa.sh­ tory. tngton may. find It more diffi­ As homog·eneity (Uttfut}tl.!e, cult "even to defend the idea ethnic or religious) Is the very ot a dialogue, let alone launch foundation and raiaon d.'ttr6 of one,'' Is, perhaps, based on the the majority of the states of the content of the General Assem­ world, your ct'itlclsm that the bly's resolution ratl).er than on granting ot self- determination my Government's aim to pro­ to a homogeneous entity such mote self- determination tor all a.s Ovamboland would lead to the peoples o! South-West Af­ the estabUshment ot "another rica? . M. I. BOTH A racially segregated .state'' sim­ Ambassador ply astounds one--likewise your · ~:~.e:nrtase.ntELUve to claim that a self_ governing Ovamboland "would jeopardize the bright economic prosveots for the ten·ilory as a. whole." The Administering Power's policy is the opposite, as will be seen from page 49 of "South­ West ~ica Survi!(Y 1967":

the"Thtee~~~=~~~ va o~m~yr.~ c.~· .)' / ~:l ~. I I

o r :o \ INI I 0 1014

co Issued by: The South West Africa People's Organization 322 West 101st Street Apt. No. 7 Nevv York City, N.Y.10025 U.S.A.

This publication is filed with the Department of Jus tice, where the registration statement of the SWAPO Representative under the Foreign Agents Registration Act is available for inspection. Registration under the Act does not imply approval or disapproval of this publication by the United States Government, .. TilE SOUTU '-lEST A:fr..ICA PEOPLES ORGANISATION (SWAPO) POLICY STAT.EUENT

BEFORE THE UNITED NATIOrlS SPECIAL SESSION OF THE GENERAL ASSEI•ffiLY

NE\

For more than 21 years the case has been debated year after year in the

Unite1 nations' chambers. ~esolutions after resolutions have been passed but none

of them has been implemented. The case has been shifting from the political forums

to legal benches.

These debates culminated in the most infamous indecis~on of the International

Court of Justice of July 18, 1%6. There is no doubt in our minds that the indecision

of the Court was by and large influenced by the economic interest and white racism

of certain Po-;-Ters. On the 27 October. 1966, the General Assem~ly overw·helmingly

passed the historic resolution 2145 (XXI). He appreciate the stand taken by the

United Nations member States in terminating the long abused mandate of South Africa

over South Hest Africa. l-Ie therefore strongly believe that the same spirit that

inspired these States will be manifested in the implementation of the above resolu-

tion. It is therefore, with a deep sense of responsibility to the suffering people

of Hamibia, that SHAPO submits its most humble appeal to the ill! members. In accordance

with resolution 2145 (XXI) of 27 October, 1966, the General Assembly appointed an

Ad Hoc Committee for South Hest Africa to explore practical \-Jays by which the criminal

and racist regime of Pretoria '"ill be replaced by the United nations Administering

Authority to normalise racial antagonism deliberately created by the fascist regime

of Vorster.

However, to our greatest disappointment, the Ad Hoc Committee did not come up

l-Tith an unanimous recol!ml.endation. Instead it came up with three different proposa ls,

namely ~

(a) Afro-Asian proposal tothich calls for the United ~1ations administrative machinery with Executive and administrative powers vested in the UN Commissioner for South West ~frica and the United Nations Police force to maintain law and order.

(b) Nexico and Chile proposal which is similar to the African proposal, but lacks effectiveness in that it avoids the use of force if necessary. . . - 2 -

(c) United States, Italy and Canada proposal which merely calls for further appoint­ ment of a one-man commission which will go and observe the situation in the country and will re9ort back to the G. Assembly.

Past experiences have, however, shown that this type of one-man commission or

selected few often proved ineffective. For example, in 1958, the so-called Good

Offices' Committee was appointed by the G. Assembly to go to South West Africa and

to investigate the situation and report back to the G. Assembly; however this

committee went to Pretoria and entered South West Africa only as tourists and failed

to speak to a single representative of African people whose wishes and a~pirations

they were supposed to ascertain. Again in 1962, the Carpio Committee was sent to

South West Africa with the same task, however its mission resulted in the same fiasco

as the above. In view of these failures, SWAPO strongly believes that the proposed

one-man commission will end up in the same failure.

As far as the Mexico-Chile proposal is concerned, we appreciate its basic

similarity to the Afro-Asian proposal, save the avoidance of reference to the use

of force if necessary.

We also feel compelled to make some comment on the Socialists stand although

they did not submit a formal proposal. Socialist countries, for instance, suggest

the involvement of the Organisation of African Unity to take over the Administration

of South West Africa. On the contrary, SWAPO believes that this question of

South West Africa results from the International community and therefore should

be the sole responsibility of same international community - United Nations.

The South West Africa People's Organisation welcomes and fully supports the

proposal of the Afro-Asian members of the UN A~ Hoc committee for South West Africa

as the only effective and practical way to find a peaceful solution and to prevent

further bloodshed in that unfortunate country.

It is indeed pertinent to point out that the situation in Namibia is dilapidating

with the passage of each hour and each day. The South African racist regime has been

intensifying its vicious and oppressive policies of human degredation and economic

strangulation in the territory. Politically South Africa has taken a step in flagr ant .• - 3 -

v:.-:>lation of the recent UN General Assembly resolution 2145 (XXI) by announcing its inten··

·::.:'.c:.1 to grant bogus self-government to the Northern part of South West Africa known as

Or•.mbc:Umd. Furthermore, the South African regime extended the notorious Suppression of

C~:-::·:m:.'li:::::n Act and 180-day detention clause to Namibia.

T~.J.e extensio:a of these acts resulted in the arrest of prominent SWAPO leaders. It

~tE.:1:i~ to ::ea:::on, that if UN continues with its reluctance to take p_ositive action, the

::?1·ctoL~::-. l'Ct:;ima 1-TiJ.l ac~1ieve its desire to partition the territory into and

t0 c.nnex more than t"VTO-thirds of the territory (which is the richest part of the country)

to the minority regi:rte of South Afl~ica.

SHAPO wishes to malce it categorically clear in congruence uith many of the UN

rer.olutions that state that the partitioning of South West Africa in part or in whole is

an act of aggression and thus l?ill be opposed most vigilantly and vehemently by the

N.::unibians.

In conclusion, we would like to make it unequivocally clear that if the status quo

pa::·3ists, the inevitable result will be a race "VTS.r which would inflict untold suffering

~nd misery upon innocent human beings on both sides.

United Nations dare not, should not, cannot and must not falter in its basic task to

rc:::tore inalienable rights of the Namibians to self-determination and independence.

P/S Since the United Nations has taken over the responsibility of the Administration

of Namibia in accordance with the General Assembly resolution 2145 (XXI), the South West

Afric ~ People's Organisatj.on l·Tishes to seize this opportunity to request the UN Secretary­

General to issue passports and travelling documents to Namibians, in particular, students

uho l?ish to travel abroad in order to avail themselves of scholarships offered them by

sympathetic governments and friendly organisations. It has been painful and difficult

to obtain passp:orts or travelling documents for students who desire to pursue academic

studies abroad. STATEMENT OUBMITTED BY OAM UUJOiviA, PRESlDEIJT, SOUT"ll WEST AFRICA PEOPLES ORGAHISATIOU (3l'IAPO) TO THE UNITED NATIONS AD HOC COMMITTEE FOR SOUTH \'lEST AFil!CA - HEl'l YORK - MARCH 7, 1967

The people of N'ru.&ibia (South West Africa) view the present de­ liberations oi the Fourteen-nation Ad Hoc Committee on South West Africa with a grave sense of urgency. For the Committee's tasl~, as we understand, is to lind ways and means by which the resolution passed by the Twenty-first session of the General Assembly can find meaningful expression and practical formula of implementatioll. The South West Africa Peoples Organisation therefore wish to humbly submit the following proposals in order to implement the UN General Assembly resolution 2145 (XXl). (a) Creation of the United Nations Administrative Oouncil to re­ place that of the South African administration which has been termi­ nated resolution 2145 (2aQ) of the General Assembly.

(b) The i~ediate dispatch of a United Nations Military and Police Force to South l1est Africa with or without the co-operation of the South African Government for the purpose of maintaining law and order anc! to protect the African population against rep-risals from South Africa. (c) Arrange the icmediate evacuation of all South African para­ military and Police personnel. Disarw. al.l civilians and ensure the safety of all political leaders and that of all the inhabitants in order to create a climate of harmony and peace amo11g the races. (d) TI1e release of all political prisoners without distinction as to Party or race. (e) To ensure that the economic and administrative structure, vital to the social and educational reconstruction of the country, is not unduly disrupted. \ It is our firm conviction finally that it is only through a strong pentral Government machinery that the interest of all the people of Namibia, irrespective of colour, race, ethnic origin, religion or preed could be safe-guarded. We must stress furthermore that it is our firm belief that there is abun~ant room for all peoples, blacl~ and white, living in Namibia, and that once an atmosphere free of racial and tribal animosity, so long practice:d by South Africa, is created we are capable of forging our own destiny. Consequently, a General Election, based on Universal Adult Suffrage, should be organised under United Nations' auspices, six months from the date of the inception of the United Nations Administer­ ing Authority in Namibia. We are convinced that the results of these elections will reflect the wishes of the inhabitants towards their soal for the achievement of free~om and national independence, in accordance with the Charter of the United Nations and the declaration of human rights. BACI~GROUlDl MATERIAL

ffuile the late South African Prime Minister Verwoerd made state­ cents that his Government would not implement the notorious Odendaal Commission's Report before the decision of the International Court of Justice is handed down, on the contrary we find that in early 1965 the racist regime of South Africa has already began to build the so-called first Bantu Homeland in the north. For instance in OVamboland, a Parliament building for tbe proposed Homelands of ovamboland has been constructed at Os~~~ati in Ukuambi district as the future capital of the area. The building composed of a conference hall capable of seat­ ing about 230 people, is a part of a complex including a residence for Commissioner General for South West Africa, the diplomatic representa­ tive of South Africa to the African population of Namibia, houses for officials and other facilities. It was reported that the hall would be used for discussions between the OVambo Chiefs and officials of the South African Department of Bantu Administration and Development, the consideration of drafting Bantu laws and showing films.

By the end of September 1936, over 400 of the white farms or portions of farms recommended to form part of the proposed Homelands for Hereros, Damaras and Nacas had been sold to the territorial ad­ ministration on a voluntary basis and there were only some twenty white owned farms still to be acquired if necessary by compulsory ar­ bitration procedure. Meanwhile, in \'lindhoel,, the capital, African residents of the flindhoelt old location have been threatened with dismissal from jobs and forcibly removal from tbeir traditional residential area to IC&tutura, the hated segregated Government housine schege built on the basis of apartheid policy.

It is in this very location that on December 10 and 11, 19591 the South African militarists opened fire at unarmed Africans, killed 12 and more than 59 were wounded. The reason for shooting the Africans was simple because they have refused to move to the Government segre­ gated location of I~t~tura. I would like to draw the attention of this Committee to the con­ stant threat of the South African Government to move the residents of the old Windhoe:~ location to ICatutura against their wishes. In our view such forcibly removal of the people may result in further blood­ shed of innocent womeu and children. The South African Minister of Bantu Administration and Develop­ ment announced on rfovember 30, 196C that, "for reasons of health and sanitation, regulations would be framed for the transfer of residents of the old Native location in Windhoek to Icatutura. He indicated that the residents of the old location would be offered aid and compensa­ tion to move. After preparatory worl: had been completed, the old location would be deproclaimed and it would then be illegal to live in the old location and offense to employ anyone living there; busi­ ness rights and all services including education and health services would be withdrawn from the old location and no compensation would be paid after deproclamation." -1- However, this is clear indication that the policy of the South African Government has been and still is that of economic exploita­ tion, oppression ana the enslavement of the African people and final annexation of Namibia to the apartheid Republic of South Africa• This was shamelessly demonstrated by the South African Representative before the General Assembly, Mr. D.P. du Villiers, S.C. "Firstly, South Africa has for a lon~ time contended that the mandate is no longer legally in force, and that its right to administer the Terri­ tory is derived from military conquest together with its openly de­ clared and consistent practice of continuing to administer the Terri­ tory as a sacred trust towards the inhabitants." Since 1965, orders have been issued by the Administering Author­ ity for the indiscriminatory shooting of any African who may be found walldncr in the vicinity of the white residential areas after 11 P.M. Moreover, pistol clubs where white housewives and youth are trained in use of automatic weapons have been provided for by the Administer­ ing Authority. Government appointed Chief and Headmen were supplied with arms and ammunition by the Government officials with instruc­ tions to murder leaders and members of SWAPO who are opposed to the creation of Bantustans in Namibia.

On March 11, 1960, Mr. Leo Shopala, SWAPO Or~anising Secretary at Ukuambi district in the northern region was shot dead in cold blood by a Goverrm1ent appointed Jacltie Ashipala and another member F. Ijambo was se~iously wounded by another Headman. All these inci­ dents occurred at the instigation of the so-called Bantu Affairs Commissioner at Ondangua who was in the area• In September lSSG, Mr. Johannes Shombe, a member of SWAPO was shot dead by a Vlliite Police at Ondjondjo while he was addressing a public meeting.

C)lotations

SOUTH VIEST AFRICAN GUERILlAS FLOl1H TO TRANSVAAL PRISON Anti-infiltration force Doubled "Police forces in the northern territories of South l'lest Africa have been more than doubled, the Commissioner of Police, General Keevy, told me yesterday. The action, he said, followed the infiltration of about a dozen heavily armed African guerillas last month. From other sources I learned that at least eight of the captured infiltrators have been flown out of South l'lest Africa and are now de­ tained in a prison in the Transvaal. General Keevy disclosed that an extensive manhunt is bein~ carried out in Ovamboland and other parts of South West Africa for infiltrators who escaped during the recent gun-battle with South African Police. Officials disclosed yesterday that the captured infiltrators had been flovtn from South nest Africa to the Transvaal shortly after their capture. They were being held in a Transvaal maximum security prison undor South Africa's 130 day law, which does not apply in South West Africa. -2- The iafiltrators were airlifted to the Republic in transport planes of the South African air force. Accompanying them were heavily armed undisclosed numbers of soldiers and Policemen." SU:NDA Y EXPRESS JOHANNESBURG - SEPT. 13, 1966

HUliOREDS OF TERRORISTS DTILL EN ROUTE St'IAPO Ill LEAGUE WITH COMMUNIST

"Docwnents found by the Police after last month's clashes with terrorists in South West Africa have convincingly proved that the South West Africa Peoples Organisation (SlVAPO) is part of the Commu­ nist conspiracy against South West Africa, and that the group of terrorists with whom the police clashed were just a spearhead of a greater force. This announcement was made yesterday by the Deputy Minister of Justice, Police and Prisons, Mr. S.L. Muller, in Parliament. He said that the Police were in possession of evidence that there are more than 250 trained Ovambo terrorists out of a total of 900 trainees in transit cattps in Tanzania and Zambia. They are equipped with Commu­ nist machine guns and other automatic weapons. The Police have al­ ready succeeded in arresting 23 trainea Ovambo terrorists in South West Africa, beside two killed. In addition, police have ltnowledge of a number of trained ones who are still in the north of South West Africa. The necessary step would be taken to round them up. According to statements by those arrested, supported by documen­ tary evidence, they were on a campaign to start terrorism. In this campaign they were to spread deat11 and destruction. Mr. Muller said that with the arrest of the Communist high Command at Rivonia in 1963, police found evidence that Communists are sending Bantu youth to African States and to Communist countries for mil1tary sabotage and guerilla training. These trainees would then be divided into groups of 30 and platoons of 10 each, and be infiltrated simultaneously into the northern borders. These terrorists would be supplied with the necessary ammunition and explosives to initiate a murderous terror campaign against the in­ habitants of the Republic. According to information in possession of the police, the Communist conspiracy has, so far, sent 2,000 terrorist recruits out of the country in preparation for this campaign. This was done over a period of a couple of years." DIE SUIDWESTER (South West Africa) September 24, 1966

- 3 - 180 DAY DETENTION EXPECTED - SWAPO MAY SOON BE BANNED

"The General Law Amendment Act with its 180 day detention clause is almost certain to be applied to South West Africa within the next few weeks. All that is needed is the addition of a single paragraph to the end of the South African Law making it applicable to the terri­ tory, and once this has been done, it will be enforced in the terri­ tory by proclamation issued by the Administrator, Wentzel G. du Plessis. It is even understood that when this legislation is piloted through the South African Parliament, it will be given retrospective effect. It is almost certain there will be little, if any, opposition to this amendment to the legislation from the official opposition in the House of Assembly, because the Deputy Minister of Justice, S.L. Muller, has told Parliament on more than one occasion of late that the incidents in South West Africa have been proved to be Communist inspired. He said in Parliament this week that the police were aware of the presence of a number of trained people in the northern regions of South West Africa and that the necessary steps are being taken to round them up. He added that documents found after last month's gun­ battle with guerillas showed conclusively that the South West Africa Peoples Organisation formed part of the Communist conspiracy, and that those people with whom the police fought were only the forerunners of a large force. The General Law Amendment Act gives the Minister wide powers and allows him to detain persons for 180 days without trial. The law also provides severe penalties - including capital punishment­ for acts of sabotage. It is also expected that the Miniater will start acting under the Suppression of Communism Act, and will declare the South West Africa Peoples Organisation illegal. This act has al­ ways been applicable in the territory, but the Minister has never acted under it against people in the territory." WINDHOEK ADVERTISER (South West Africa) September 26, 1966

NO REINFORCEMENTS NEEDED IN SOUTH WEST AFRICA

"A highly mobile police unit guarding South West Africa's northern frontier would not be re-inforced following this week's terrorist incident -- the sixth in the territory in nine months -­ the Commissioner of Police, General Keevy, told me yesterday. I feel we are as strong as we need be, and do not visualise having to strengthen the unit for the present. The position is well under control! The unit consists of 40 Policemen who are trained in guerilla warfare and equipped with helicopters and powerful vehicles. The

- 4 - attack on Wednesday night was on a lonely white occupied farmstead in the Grootfountein district. He said that the gang had come south from the terrorist transit depot in Dar-es-Salaam. The attack took place about 300 miles from where there had been earlier clashes with terrorist gangs in the vicinity of the C&privi Strip. The farm is about 100 miles south of the Angola border. Police arrested one terrorist after Wednesday's attack and took possession of an automatic pistol of Communist manufacture and 500 rounds of ammunition. Heavy rain and thickly wooded country, however, were hindering the hunt. Information is also scarce because of the sparseness of the population. Previous terrorist incidents were: March: Eight of a band of 10 terrorists were caught in clash with Police in Ovamboland. August: Two terrorists were killed and six escaped after another clash with Police in Ovamboland. Quantities of arms of Russian and Chinese origin were seized. September 24: A white police officer was slashed in the arm by a Panga man in the northern Ovamboland. November 18: Two Ovambo terrorists were arrested in South West Africa after receiving training at secret guerilla camp."

September 27: A band of terrorists burnt two houses in northern Ovamboland and fired on the white occupants as they fled._ SUNDAY EXPRESS JOHANNESBURG December 18, 1966 SWA.PO - NO MORE ARRESTS PlANNED

"The Commissioner of Police, General J. M. Keevy, told me yester­ day that no more arrests of the South West Africa Peoples Organisation (SWA.PO) are likely in the immediate future. He was referring to the detention earlier this week under the Suppression of Communism Act of the three men who were described as top officials of SWAPO. They are Gottlieb Nathaniel Maxuilili, John Otto and Jasn Mutumbulua. The men are held in Windhoek. This is believed to be the first time people have been held under the Suppression of Communism Act in South West Africa. They were held on orders from General Keevy." SUNDAY EXPRESS JOHANNESBURG

December 4 1 1966 - 5- The Johannesburg Star of August 26, 1966 reported: "Guerilla will die. Two Bantu were shot dead and eight arrested in a gun-fight between a group of infiltrators and a detachment of South African Police in Ovamboland, South West Africa, at :dilwn today (Friday). Some of the Bantu were wounded in the fighting, but none of the Police were hurt. The Police confiscated a quantity of arms, including two ma­ chine guns of the type used by guerillas and saboteurs in Rhodesia. THE OBJECT: The Minister said information had been received some time ago that a group of 16 people had crossed the border into Ovamboland with the object of murdering Ovambo Chiefs, other well­ disposed Bantu and whites, and training members of certain subversive organisations with the object of instigating murder and an armed up­ rising. The Police have attempted to arrest them without bloodshed or violence, but this had proved unsuccessful. A fight in which auto­ matic weapons were used had started between the gang and a detachment of the Police at dawn today, the Minister said. As communications were not very good in that remote area, it was not possible yet to give a complete picture of what had happened. He was thankful to be able to say, however, that none of the Police had peen wounded. Two of the others had been killed and eight arrested - some of them wounded. He could not say at this stage whether these were the exact figures. A while ago some saboteurs had come from Tanzania through Zambia and Southern Angola into Ovamboland. The Police arrested some of them and found they were unarmed. Experts who examined them found they had knowledge of explosives and were competent in guerilla warfare and that some had trained in map-reading and knew how to handle a variety of arms including automatic weapons. After that, information had been received that 16 people had crossed the border in the same manner and that these were heavily armed with automatic weapons believed to be of Russian and Chinese origin. The Minister made his statement during the budget debate but said his object was to give the House information rather than participate in the debate."

TERRORIST STRIKE IN THE NORTH Building gutted at Oshikango

"Two dwellings of the Department of Bantu Affairs at Oshikango i~ Ovamboland (South West Africa) were razed by fire early yesterday morning and the Police are satisfied that it was a case of arson. Police are not prepared to say that it was the work of terrorists but it was understood that a band of terrorists was responsible. Yesterday's arson is the first serious incident after the skir­ mish between police and infiltrators. It occurred at a place situated only some 20 miles from the Angolan border. THE WINDHOEK ADVERTISER (South West Africa) September 26, 1966

- 6 - TERRORISTS FIRED ON POLICE OVambo man shot in surprise attack

"It was announced officially yesterday afternoon that shots have been exch~ed between the occupants of two burning buildings at Oshikango in Ovamboland and a group of between 12 and 20 terrorists. Oshikango was attacked in the early hours of Tuesday. A native man was shot in the stomach as the attackers fired on the surprised whites who were in their pyjamas. Meanwhile, it is understood that the man who is the brain behind the Ovamboland incidents, Jove ja Toivo of SWAPO, has been arrested by the police and removed to Pretoria under 180 day law. An official statement issued by Lieutenant-Colonel C.P. Pretorious, the Deputy Chief of Police for South West Africa, stated: "Oshikango was attacked between 2 a.m. and 2:15 a.m. on Tuesday• Two buildings were gutted by fire. As the occupants of the buildings still in their night attire ran out, shots were fired at them. In the light of the flames between 12 and 20 natives were seen." These were the attackers of Oshikango. THE WINDHOEK ADVERTISER (South West Africa)

September 29, 1966

TERROR GANG ARRESTS

"Four alleged local terrorists were arrested in Ovamboland, South West Africa, by the South African police last week, General J.M. Keevy, told SAPA (South African Press Association) today. These men, who were a1leged to have been influenced by men who have had their training in other countries, were at present being de­ tained by the Police for questioning. It was hoped that they would put the police on the track of their tutors. Attorney General would decide whether these men would appear in court. General Keevy said locally trained terrorists had been de­ tained by the Police from time to time for questioning about the in­ filtration of South West African terrorists who had been trained in other countries." EVENING POST PORT ELIZABETH November 21, 1966

- 7 - In order to crush this determined will of the people, the South African Government has mobilised a large-scale military and police force. It is carrying out so-called mopping up operations against the freedom fighters in South West Africa and the chief victt.s of this terror campaign who are innocent men, women and children in the villages. With the introduction of the SUPPRESSION OF COMMUNISM ACT and the 180 day detention law, the South African military forces are carrying out wholesale and indiscriminate arrests on leaders and mem­ bers of SWAPO, throwing them into concentration camps and prisons without trial before the courts. Reports of tortures resulting in mental derangements and physical disabilities are reaching us almost daily. In the light of above developments and the sufferings which our people now are enduring by the renewed measures of repression, we come here with only one objective. And that objective is to request the UN Ad Hoc Committee for South West Africa to recommend to the General Assembly that a military force be mounted to dislodge South Africa's evil rule from Namibia. Tb.ere is no other way to make the last General Assembly resolution on South West Africa a living reality. We have reached this conclusion because the universally accepted fact is that both legal and political alternatives to solve this problem have been thoroughly exhausted. And it is quite obvious that an economic embargo to bring South Africa to heel is foredoomed to failure. In Rhodesia, a much weaker adversary than South Africa, a trade boycott has been proved to be a dismally ineffective measure• We maintain, therefore, that a United Nations presence in Bamibia can only be achieved through UN military intervention as a first step to bring relief4to the prolonged suffering of the African people.,

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Further arrests expected today ...... : Supported by three helicopters, two Bushman trackers and five tracker dogs as well as.a large number of armed farmers, the police are closing in on the five remaining terrorists who attacked and attempted to kill a White farmer and his family in the remote north-east of South Weit~~rica. 1 The five gunmen are believed to be in the mountainous area known as OtjikaHeights, appr~inate- ! ly 25 miles north of Grootfontein. TERRORISTS · ·

• Conlilltll'U 1 rmn prr·viou.~ na~c>---- _,;;...._..;;...... ;;.....;.~...,..--., i~ On ~'riclay afternoon the po­ dio when their Alsati.n dog Bushman t rackf'rs arc a:.sist­ lu···· caught up with two o( started barking viciously.·· On ing th<' police, who would have th1. fl!'clng infiltrators. One of investigating, Mr. Bl'etldt was pr·obably caught up with the lll<'n: was caught. shot through the lep by one remaining five if It was not for T lli, man was <'Omplctely ex­ of the men who 'was standing ' the heavy rains. But this morn­ ha·"'''d and the pollee would about 15 foot from him. The ing the wcatht>r was clear. '{Terrorist-<. h .• ,,. ""''n ahlr to catch up bullets of the automatic fire- ' There is no truth in the ru- ".th Lit <' n~st if it was not for arm were deflected by a water­ mour .that the lldlfcc :'lll~t one a h<''" 'Y rain shower which re­ pipe ·against the · wall. This of the ·gunmen un tile farm is() I st• ktt'd visibility. probably saved his life. sliot 1\Iay,·lllc, of a Mr. Esterhui­ Tlw nl'med hunt. possibly t_hP He an pnlicC' ~one ln· many Vutside, "\he gu~men fired at lice said tbat the report was , .. .,,,, fcdlows 1111 attack on Mr. · the dog but mlsiied. They then unroundcd. P.J. 'DoC' I> Breedt on his farm left and the next morning the o~farm THE ARREST ; 1\: "l"ha rikroon 80 ntiies north­ police found a waterbag and What happcnPrt when (!tne ot WINDHOEK - One of three re­ <:a., t vf Grootfontein on Wed­ tin cup which on• of them had the armcrt men was apprehend­ marning terrorists being sought nbday· night. The farm Is si­ dropped while runnlnlf. l'rl, was told ro the Advertiser .by tht> police was shot and Ltt ettcd on th~ grt>at Okavango HUNT STARTS ',,i, tnornin!!. injuren on a farm In the Tsu- llua•l. Eal'ly on Thursday the man- ·: · . polic t• in a helicopter 1)1eb riiHtrict yesterday and J>OG HARKED hunt was started. The gunmen ·• ' " t "'" running men. They hancled over to the pollee, ;'vl,·. Breedt and his three did not flee towards the Oka- ltt• ·d and both mPn fell. Lane!­ according to Brigadier Theo . childn•n, aged 12, 9 and 4., as vango but instead turned in n ;,." :-;<'rJ:!eant. Cf'lllf'r>< or the Crous. Divisional Commls-1 W<•ll as his wife and mother-in- south-easterly direction. Two · :;,: · •f· IAhclnJn polke ran to one sioner of Police for ·south West Africa. law. "er<> hstenmg to the ra- 'l,h • k b J . ; · :,,. l!lt;.n . who was feigning ·. · · .\'.'! H~u rhe Sergeant was The terrorist was caught on the ·---,---.-_..,..,::--1-- I C liS 1 ,'J,..._J..tuo~t-- f!ll-t# l)t,. ~ · , ·:· ·1 · touching distance, the , farm of Mr. C, J. H. du PleR­ "l.• '". ; ' ·t·i,t J'CQC'hcrl rnr his Rus­ srs. 54 milP.s north-west of ~ · · .ua•1r· automatic pi~tol. The Tsumeb on the borcler of the ><,TERRORISTS ~ If{. hanlpz ers F.tosha 1;aml!' Reserve. .. ·ntHil gt 8(1p1Pd wit It him ~TILL AT •=·t· :.".'' qlhf·:· l'un:-; tablcs came AfT! r~ n lahourt'rs cam!' to the~ • i:-, a:-. !<>- istnucc. In the ~:o\ ~ 1 f<~_rmstt>arl and told Mr. Du " ·•·nl. and with drenching Ple~sis therl' wert' two strange LARGE '_ S. Wu~. hunt. ''ar1 ing to fall, the other Africans at their huts. girl a\\"aV. ;J~/;~}I'i'h · ~ From Our Corrt-spondent ~ · INVESTIGATE The armed terrorists, be­ !he <'Rpiured man the po­ Mr. Du Ples~is and two visitors. li t•ved to number three, are WINDHOEK.- The P•Jlice an l ." · u nd propaganda leaflets. . . They saw two proximity. to Grootfonteln, Auka~; \'anadium mine some 2( , ( :,.,.,,,1 ~ · rmt e in . stran~l' Africans running away t h~ senrch ,yesterday was miles t'ast of Grootrontt>in. HUNGRY The search is being hampere( : and ordered them to stop, but e'

A. number of unknown Af· ! _ rlcans approached the kraal of ==~!!!!!!!!!!!!!!!!!!!!ii!!!!'""""!!~~==-....,...,...... ,., · =-===~~~=-...... ,=,.,=====-=-=~ :-::::: ~=-.U:':~ ~~~ ;~!~-- · I Alv-~.Ji -~ 'd TWi~k, Thu~: 12th January, -lM7- anpla ciWtrlct of the Ukuambl - ----•- _ ana, OD the n!Pt in queMion, Colonel Pretorlus sald, and I;::..:,topped by the headman's

· IIIIOOTINO I A. llbootln!r broke out, In IIwblc:h one of the I(Uanll was · killed and two wounded. The BMaUantl thea departed. No arr8ltl have ;yet been made. This II the same kraal in wblcll a Swapo leader, Leo Staopala. was .lbot dead wben be aDd llllOther Swapo mem- I Mr enwr.ct tlle kraal wlthc)ot ! ..~ . • - ...,...~ '1'!K dead man ~-- shot by·the JMM­ man, who Is hla cousin. .By the editor) A.t an laqunt l'il tile 'humeb Mqlltrate'a Court held liJ tt.e Since the start of the terrorists activities in the north of South West late liT. Theuns Botha, It was found that no-one had been Africa during August of last year, the police have detained no fewer than crlmln&lly negligent. The head· man had gtven the Intruders 40 alleged terrorists, and about 30 of their number will appear in court repeated wamlnp, and had been threatened by them. later this year. M&LY BEI'OIIT8 Preltmlnary reports of the .,. latest shooting Incident, which While a Johannesburg· Afri· when two terrorists were kiUed I fllterecl through to Windhoek, kaans newspaJ,Oer yesterday sug- , and about 11 arrested. geated that the alleged terro­ • had It that a chief had been 1 Of the approximately 40 al· 8hot. 'l'hla appears now not to be rists would appear at a summa­ leged terrorists who have been . the case, u It was the chief's ry some time next month. it. detained so far, about 10 Is hardly likely tha,t the trial \< guard whit died. '( !OVAMBOLAND RECRU1TS> 1 Cor perhaps even trials> will will give evidence for the State. start so soon, as some of the leaving about 30 men to race men wanted In connection with trial. · X: some of the alleged incidents have still not been arested o detained. " ATTACK While It Is not advisable t< ADMINISTRATOR'S MESSAGE give full details at this stage '-) rz '1 ( vA-l"'~ as pollee Investigations are con­ tinuing, and plans are being The Administrator of South West Africa, Mr. Wentzel · lal•i to tn:~t flt" remaiDinl( ln­ C. du Plessis, has issued the following annual Christmas tlltraton. l tiaVI! ·been told that message at-iSwakopmund. the men who led the attaek on ~hlef Jacki~ A.shlpala's kraal As one year passes Into the other, we hope and walt and pray recently, . and killed a member that the message of the Prince of Peace will at last be reallud of his bodl'guard belonged to and that all the nations of the world will exult In unison: "Peace ; a small group who entered the upon eartt> and ibodwill unto men." I country Just pl"lor to the pollee 1 But this Is not yet to be. Instead of peace there Ia war In the *· sklrmlllll lp ~gust of last year.,.,_ East and even In the Holy Land troops, armed to the teeth, are "': confronting one another ~uring thl3 Christmastide. I • To each of you. irrespective of co.lour, rac·e or creed. my wife Instead of coodwlll, a feeling of hatred and envy prevails amana 1 and I extend our wishes for a Happy Christmas. May there be mankind and some are devising and carrylnc out plans directed peace In your hearts, stability In our country and may there be. towards the creation of chaos. al"'d the Introduction of abotap ] for all of us. a future full of great expet'tatlon ~ ba!IEd on the firm and terrorism In the homelands or others. ••• - - faith that, as Ions as we remain true to HIP Wtord, the Omnipo- tent Fatt>er, who has led and sustaiJied Ufi foe three centuries, will .. \ not fonake WI now, ~ .. UNITED NATIONS (/at, NATIONS UNIES

~~ INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR - __)A ·~ TO: DATE: 24 January 1968 A: The Secretary-General ~ ~~\IQ

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

!"ROM: Aleksei Nesterenko, Under-secretary General () c ~ DE: Department of Pol.itica.l and Security Council Affairs

SUBJECT: OBJET: . Trial of South West Africans

1. The Afro-Asian Group expects to submit today a request for an urgent meeting of the Seeurity Council to consider the question of the trial of South West Africans under the "Terrorism Act". A meeting on Thursday~ k-\,·~ afternoon is under consideration. 2. I enclose herewith a brief note on the latest position regarding this trial. CONFIDENTIAL 24 January 1968

It has now been confirmed by Reuters that the judgment in the trial of South West A:frieans under the Terrorism Act - original.ly scheduled for 5 February - has been advanced to Friday, 26 January. Pleadings m mitigation will begin oo 29 January, and the sentence will be pronounced after these pleadings. Persons in contact with the defence in this ease feel that several death sentences should be expected. The judge in this ease has been very hostile to the accused and may be interested in concluding the ease before international pressure build up :f'urther. The South African Government has reacted strongly against the action of the United Nations, and particularly against statements by Ambassador Goldberg and Vice-President Humphrey: it may wish to show that it is not moved by such emdemnatians. The passing and execution of death sentences will, of course, be a blow to U.N. prestige. Once the sentences are passed, it will be hard to reverse them or secure pardons. Effective international action and publicity is, therefore, required within the next few days. All the 35 accused are Ovambos - leaders and adherents of the South West A:friea People's Organization. (Of the original 37, one died and ooe was ·acquitted for lack of evidence). Sane participated in guerilla-type activities, but these aetivities led no loss of life. Many of the accused were brutally tortured:

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