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United Nations Secretariat Intended to Investigate a Rather Serious Incident Which Happened with Regard to the Special Committee for South West Africa

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United Nations Secretariat Intended to Investigate a Rather Serious Incident Which Happened with Regard to the Special Committee for South West Africa r I CR.l3 (4-59) ROUTING SLIP I -comments for the record should not be written on this slip. REFERRAL SHEET PT.l08 should be used instead. .,. TO: II APPROVAL X YOUR INFORMATION MAY WE CONFER? AS REQUESTED YOUR SIGNA TIJRE I FOR ACTION NOTE AND Fll...E REPLY FOR MY SIGNATIJRE !NOTE AND R~TURN PREPARE DRAFT YOUR COMMENTS I ATTACH RELATED PAPERS II t 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<Jntative of South Africa to the United Nations to ·the Cbairnmn of the Special Committee for South \7est A:trioa 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 South Africa: "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 South West Africa, 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 Comments for the record should not be written on this •, slip. REFERRAL SHEET PT.l08 should be used instead. TO: The Secretary-General APPROVAL X YOUR INFORMATION MAY WE CONFER 7 AS REQUESTED YOUR SIGNATURE FOR ACTION NOTE AND Fn.E REPLY FOR MY SIGNATURE NOTE AND RETURN PREPARE DRAFT YOUR COMMENTS I ATTACH RELATED PAPERS DATE: FROM: ~I'' 13 Apr 62 ~:IC--· D. Pr6titch --------·-'-· •• I I IT y • I CR.l3 (4-59) ROUTING SLIP Comments for the record should not be _..;s.;;li;,:,;.P;.• _R_E..,.F..,.E_R_RA_L_S;.H_E_E_T_PT_.....l_O_S..;s_ho_u,_l _d _ _...;_...;,_,__,__"=' •, TO: . APPROVAL )( YOUR INFORMATION MAY WE CONFER? AS REQUES1ED YOUR SIGNA nJRE FOR ACTION N01E AND FILE REPLY FO R MY SIGNAnJRE N01E AND REruRN PREPARE DRAFT _!_ 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 apartheid, 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. , .. - 2 - 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.
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