Security Council Working Papers, Statements and Reports on the Implementation of Security Council Resolution 385

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|tems-in-Africa - Question of Namibia - Security Council working papers, statements and reports on the implementation of Security Council Resolution 385

Date Created 02/11/1972

Record Type Archival Item

Container S-0902-0001: Peacekeeping - Africa 1963-1981

Print Name of Person Submit Image Signature of Person Submit 19 March 1979

WORKING PAPER

The Security Council,

Having considered the request by the Permanent Representative of Angola to the United Nations contained in document S/13176, as well as his letter dated 16 March 1979 transmitting the text of a communique issued by the Ministry of Defence of the People's

Republic of Angola (S/13177), Having heard the statements of the Permanent Representatives of the People's Republic of Angola and the Republic of Zambia,

Having heard the statement of the Vice-President of the South

West Africa People's Organization (SWAPO),

Recalling its resolution 387 (1976) of 31 March 1976 which, inter alia, condemned South Africa's aggression against the People's

Republic of Angola and demanded that South Africa scrupulously respect the independence, sovereignty and territorial integrity of the

People's Republic of Angola, Recalling also resolution 393 (1976) of 3O July 1976 which, inter alia, strongly condemned the armed attack of South Africa against the Republic of Zambia, which constituted a flagrant violation of the sovereignty and territorial integrity of Zambia,

Bearing in mind its resolution 428 (1978) of 6 May 1978 which, inter alia, solemnly warned that in the event of further acts of violation of the sovereignty and territorial integrity of Angola, the Council would meet again in order to consider more effective - 2 -

measures in accordance with the appropriate provisions of the Charter of the United Nations, including Chapter VII thereof,

Gravely concerned at the premeditated, persistent and sustained armed invasions committed by South Africa in violation of the sovereignty, air space and territorial integrity of the People's

Republic of Angola and the Republic of Zambia, Convinced that the intensity and timing of these acts of armed invasion are intended to frustrate efforts at negotiated settlements in southern Africa, particularly in regard to the implementation of

Security Council resolution 435 (1978) ,

Grieved at the tragic and mounting loss of human life, including that of civilians and Namibian refugees in Angola and Zambia, and concerned about the damage and wanton destruction of property caused by the South African armed invasions of Angola and Zambia launched from Namibia, a territory which South Africa illegally occupies, Reaffirming the inalienable right of the people of Namibia to self-determination and independence in accordance with the Charter of the United Nations and relevant resolutions, including General

Assembly resolution 1514 (XV) of 14 December 1960, and the legitimacy of their struggle to secure the enjoyment of such rights as set forth in the Charter of the United Nations,

Reaffirming also its condemnation of South Africa's continued illegal occupation of Namibia, its apartheid policies and practices and the militarization of the territory, through which it persists in its suppression of the legitimate aspirations of the Namibian people to self-determination and independence, as well as in its armed invasions against neighbouring African States, ; I. 4

- 3 -

1. Condemns strongIv the racist regime of South Africa for its premeditated, persistent and sustained armed invasions of the

People's Republic of Angola and the Republic of Zambia, which constitute a flagrant violation of the sovereignty and territorial integrity of these countries;

2. Condemns strongly also South Africa's utilization of the

international territory of Namibia as a springboard for armed

invasions and destabilization of the People's Republic of Angola

and the Republic of Zambia;

3. Demands that South Africa cease immediately its provocative armed invasions against the People's Republic of Angola and the

Republic of Zambia and that it respect forthwith the independence, sovereignty and territorial integrity of these countries; 4. Commends the People's Republic of Angola and the Republic

of Zambia for their steadfast support for the people of Namibia in their just and legitimate struggle against the illegal occupation

of their territory by South Africa and for the enjoyment of their

inalienable rights to self-determination and national independence; 5. Requests Member States urgently to extend all necessary the Republic of Zambia assistance to the People's Republic of Angola,/and other Frontline States, in order to strengthen their defence capacities;

6. Decides to set up in accordance with Article 29 of the

Charter of the United Nations a committee consisting of five members of the Council; - 4 -

7. Mandates the aforementioned Committee to: i) Catalogue all raids, incursions and acts of armed invasion carried out by the racist regime of South Africa or in collusion with the illegal regime in Southern Rhodesia against independent African States;

ii) Collect and assess all relevant information relating to the loss in human and material resources; iii) Consult with neighbouring African States exposed to these raids and with the Organization of African

Unity; iv) Report its findings and recommendations to the Security Council not later than the end of June 1979 so as to enable the Council to take appropriate action to

prevent the recurrence of such acts of armed invasion and thereby eliminate the threat to international peace and security in that region; 8. Requests the Secretary-General to provide all necessary assistance and facilities to the Committee. Working Paper on Angola's Case against South Africa

The Security Council,

Having considered the request by the Permanent Representative of Angola to the United Nations contained in document S/14022, in which he requested the convening of an urgent meeting of the Security Council,

Having heard the statement of the Permanent Representative of the People's Republic of Angola to the United Nations, Recalling its resolutions 387 (1976) of 31 March 1976, 428 (1978) of 6 May 1978, 447 (1979) of 28 March 1979 and 454 (1979) of 2 November 1979, which inter alia, condemned South Africa's aggression against the People's Republic of Angola and demanded that South Africa scrupulously respect the independence, sovereignty and territorial integrity of the People's Republic of Angola,

Gravely concerned at the escalation of hostile, unprovoked and persistent acts of aggression and sustained armed invasions committed by the racist regime of South Africa, in violation of the sovereignty, air space and territorial integrity of the People's Republic of Angola,

Convinced that the intensity and timing of these acts of armed invasion are intended to frustrate efforts at negotiated settlements in southern Africa, particularly in regard to the implementation of Security Council resolutions 385 (1976) and 435 (1978) of 29 September 1978.

Grieved at the tragic loss of human life, mainly that of civilians, and concerned about the damage and destruction of property, including bridges and livestock, resulting from the escalated acts and armed incursions by the racist regime of South Africa against the People's Republic of Angola,

Gravely concerned that these wanton acts of aggression by South Africa form a consistent and sustained pattern of violations aimed at weakening the unrelenting support of the front-line States for the movements for freedom and national liberation of the peoples of Namibia and South Africa,

Conscious of the need to take effective measures to maintain international peace and security, - 2 -

1. Condemns strongly the racist regime of South Africa for its premeditated, persistent and sustained armed invasions of the People's Republic of Angola, which constitute a flagrant violation of the sovereignty and territorial integrity of this country, as well as a serious threat to international peace and security; 2. Condemns strongly also South Africa's utilization of the international territory of Namibia as a springboard for armed invasions and destabilization of the People's Republic of Angola;

3. Demands that South Africa withdraw forthwith all its military forces from the territory of the People's Republic of

Angola, cease all violations of Angola's air space and, henceforth, scrupulously respect the sovereignty and territorial integrity of the People's Republic of Angola; 4. Calls upon all States not to sell arms, military technology and oil to South Africa; 5. Requests Member States urgently to extend all necessary assistance to the People's Republic of Angola and the other frontline States, in order to strengthen their defence capacities in the face of South Africa's acts of aggression against these countries;

6. Calls for the payment of full and adequate compensation to the People's Republic of Angola by South Africa for the damage to life and property resulting from these 'acts of aggression; 7. Decides to meet again in the event of further acts

of violation of the sovereignty and territorial integrity of the

People's Republic of Angola by the South African racist regime in order to consider the adoption of more effective measures, in accordance with the appropriate provisions of the Charter of the United Nations, including Chapter VII thereof;

8. Decides to remain seized of the matter. Working Paper

The Security Council,

Gravely concerned over the aggravation of the situation in South Africa, in particular the repression against and the killings of schoolchildren /protesting against apartheid, as well as the repression against churchmen and workers,

Noting also with grave concern that the minority racist regime has intensified further a series of arbitrary trials under its racist and repressive laws providing for death sentences,

Convinced that this situation has been brought about by the continued imposition by the South African racist regime of apartheid in defiance of resolutions of the Security Council and the General Assembly,

Recalling its resolutions on the question of South Africa, in particular resolutions 392 (1976) of 19 June 1976, 417 (1977) of 31 October 1977 and 418 (1977) of 4 November 1977, Recalling further resolutions 454 (1979) and 466 (1980), in which South Africa was condemned for the flagrant violation of the sovereignty and territorial integrity of neighbouring

African States, Reaffirming its recognition of the legitimacy of the struggle of the South African people for the elimination 'of the apartheid and /establishment of a democratic state in accordance with their inalienable human and political rights as set forth in the Charter of the United Nations and the Universal Declaration of Human Rights, _ 2 -

Again affirming the right to self-determination of all the people of South Africa as a whole, irrespective of race, colour or creed. Taking note of the extensive demands within and outside South

Africa for -£he release of Nelson Mandela and other political prisoners,

Gravely concerned over reports of supply of arms and military equipment to South Africa in contravention of resolution 418 (1977).,

Taking note of the letter dated 27 March 1980 by the Chairman of the Special Committee against Apartheid concerning the need for an oil embargo against South Africa (S/13869),

Mindful of its responsibilities under the Charter of the United Nations for the maintenance of international peace and security,

1. Strongly condemns the minority racist regime of South Africa for its further aggravation of the situation by the escalating and massive repression against all opponents of apartheid, killings and of peaceful demonstrators /political / detainees, and for its defiance of General Assembly and Security Council resolutions, in particular resolution 417 (1977);

2. Expresses its profound sympathy to the victims of this violence; 3. Reaffirms that the policy of apartheid is a crime against the conscience and dignity of mankind and seriously disturbs international peace and security; - 3 -

4. Recognizes the legitimacy of the struggle of the South African people for the elimination of apartheid and for the establishment of a democratic State in exercise of the right to self- determination by all the peoples of South Africa as a whole irrespective of race, colour or creedj - 4 -

5. Calls upon the South African Government urgently to end violence against the African people and to take urgent measures to eliminate apartheid; 6. Declares that the violence and repression by the South African racist regime which result from the continuing denial of equal human and political rights to the great majority of its people greatly aggravated the situation in South Africa and will certainly lead to violent conflict and racial conflagration with serious international repercussions; 7. Again demands that the racist regime of South Africa immed i at ely: (a) Take urgent measures to eliminate the policy and practice of apartheid and grant to all its citizens equal rights including equal political rights and a full and free voice in the determination of their destiny; (b) Grant an unconditional amnesty to all persons imprisoned, restricted or exiled for their opposition to apartheid; (c) Cease forthwith its indiscriminate violence against peaceful demonstrators against apartheid, murders in detention and torture of political prisoners; (d) Abrogate the bans on political parties and organizations and the news media opposed to apartheid; (e) Terminate all policies and programmes under whatever guise which forcibly separate the population on the basis of race; (f) Terminate all political trials; - 5 - 8. Strongly supports the campaign for the release of Nelson Mandela and all other political prisoners; 9. Demands that the South African racist regime refrain from committing further acts of aggression and subversion against neighbouring African independent States; 10. Calls on all States strictly and scrupulously to implement resolution 418 (1977) and enact effective national legislation for that purpose; 11. Requests the Security Council Committee established under resolution 421 (1977) in pursuance of resolution 418 (1977) on the question of South Africa to redouble its efforts to secure full implementation of the arms embargo and to reinforce it through, inter alia, inclusion of banning of all arms exports from South Africa, terminating all licences for the manufacture of arms in South Africa, prohibition of all sales of equipment of the South African police and armed forces and the prohibition of the export of all multiple purpose equipment , capable of being utilized for military purposes, to South Africa; 12. Calls upon all States to respect the oil embargo imposed by the OPEC countries and other major oil producers against South Africa and further appeals to them to prevent their nationals or companies registered in or operating within their national juris- dictions from engaging in any traffic that breaches the oil embargo; 13. Decides to remain seized of the question and to consider the situation again not later than 3O September 198O; 14. Requests the Secretary-General to use his good offices and to report by 15 September 198O on the progress of implementation of the present resolution. * ) ) ;

Mr. President/ Distinguished Members of the Security Council,

I should like to take this opportunity to introduce my report contained in document S/12827 concerning the implementation of Security Council resolution 431 (1978) . The report contains my recommendations for the implementation of the proposal for a settlement of the Namibia situation in accordance with Security Council resolution 385 (1976). It is based on the survey conducted by my Special Representative, Mr. Martti Ahtisaari, who returned to New York on 23 August, after a 17-day mission to Namibia.

as to the fairness and appropriateness of all the measures affecting the political process at all levels of administration before such measures take effect. - 2 -

In this connexion, I wish to draw your attention again to the fact that, according to the proposal contained in document S/12636, the transitional period will begin only when the Security Council has approved my report. After the Council's decision,it is our intention to proceed in accordance with the steps outlined in document S/12636. The recommendation contained in paragraph 17 of my report also takes into account the views of the political parties, a majority of which was of the opinion that it was essential to maintain the time-table set out in document S/12636 in order to ensure the freedom and fairness of the elections.

As regards the electoral process itself, and any issues related thereto, I should like to draw your attention to paragraph 5 of document S/12636 by which, inter alia, the Special Representative will report to the Secretary-General of the United Nations, keeping him informed and making such recommendations as he considers necessary with respect to the discharge of his responsibilities. Subsequent to the above, the Secretary-General, in accordance with the mandate entrusted to him by the Security Council, will keep the Council informed.

There is therefore provision for supplementary action in respect of this report if necessary. As regards the procedure of this meeting, we will of course do our best to respond to questions which members of the Council wish to raise. - 3 -

At this early stage, however, when private consultations are going on, it might perhaps be more productive to continue with informal exchanges for the purpose of clarifying any issues and with a view to facilitating the Council's proceedings next week. My Special Representative will, of course, be available to members of the Council should they wish to discuss with him informally matters arising from my report.

Thank you.

** ** ** Mr. President/

Distinguished Members of the Security Council,

It is based on the survey conducted by my Special Representative,

Mr. Martti Ahtisaari, who returned to New York on 23 August, after a 17-day mission to Namibia. TT"*"

The recommendations contained in my report outline detailed plans for the establishment of a United Nations Transition Assistance Group (UNTAG) to assist the Special Representative in the performance of his duties as called for in document S/12636. Estimates of the resources and manpower requirements which I have made in my report should be viewed within the context of the magnitude of the task of the Special Representative who will have to satisfy himself at each stage of the electoral process as to the fairness and appropriateness of all the measures affecting the political process at all levels of administration before such measures take effect. In this connexion, I wish to draw your attention again to the fact that, according to the proposal contained in document S/12636, the transitional period will begin only when the Security Council has approved my report. After the Council's decision,it is our intention to proceed in accordance with the steps outlined in document S/12636.

The recommendation contained in paragraph 17 of my report also takes into account the views of the political parties, a majority of which was of the opinion that it was essential to maintain the time-table set out in document S/12636 in order to ensure the freedom and fairness of the elections.

^_^|_wtm^^j»-<«™<*«««s«™™^1>llmi^ 0

There is therefore provision for supplementary action in respect of this report if necessary. As regards the procedure af this meeting, we will of course do our best to respond to questions which members of the Council wish to raise. - 3 -

At this early stage/ however, when private consultations are going on, it might perhaps be more productive to continue with informal exchanges for the purpose of clarifying any issues and with a view to facilitating the Council's proceedings '' next week. My Special Representat3>e^will, of course, be available to ^tvmemberi s of the Council should they wish to discuss with kam informally matters arising from my report. '"v o/*w# f C Thank you.

- e,. ** ** ** v STATEMENT BY SECRETARY-GENERAL AT INFORMAT^ MEETING OF SECURITY COUNCIL ON 1 SEPTEMBER 1978

Mr. President, Distinguished Members of the Security Council,

I should like to take this opportunity to introduce my report contained in document S/12827 concerning the implementation of Security Council resolution

431 (1978) . The report contains my recommendations for the implementation of the proposal for a settlement of the Namibia situation in accordance with Security

Council resolution 385 (1976). It is based on the survey conducted by my

Special Representative, Mr. Martti Ahtisaari, who returned to New York on 23 August, after a 17-day mission to Namibia.

The recommendations contained in my report outline detailed plans for the establishment of a United Nations Transition Assistance Group (UNTAG) to assist the Special Representative in the performance of his duties as called for in document S/12'636. Estimates of the resources and manpower requirements which I have made in my report should be viewed within the context of the magnitude of , the task of the Special Representative who will have to satisfy himself at each stage of the electoral process as to the fairness and appropriateness of all the measures affecting the political process at all levels of administration before such measures take effect. Tn ..this o-nppnvtnr^j—4m?—cefpri \ ,flhniLJj lfl lfi°..!"? .S^VS U to fehe snocjal .circums.tancoc"'O£ ""Kaaibla'ai\J the- i?ciHpu>t»4J*t4J^leja-^qajpnLed by the

9 0 B In p rrfcvr, to en nsnTfAitf e^f^h.P l-r pqsi t/"TL jQJL-IOy—fip -** 1.-fl ^ - - P-pT ° p*»Rfc»fe-i-m*-J-r^. Jj g^r^

n a ...ijTvLpK-jjl \ .1J .hc..-nn A c. r t \\ o.,

N*t&as, Labavoi.il r coommcn«dffd Ofefct the transitional period. begin . "2 "

"f my the Security Council and proceed in accordance with the steps outlined in document S/12636. Thfe also takes into accoun the views of the political parties, a majority of which was of the opinion that it was essential to maintain the time table set out in document S/12636 in order to ensure the freedom and fairness of the elections.

Subsequent to the above, the Secretary-General, in accordance with the mandate entrusted to him by the Security Council, will keep the Council informed.

There is therefore provision for supplementary action in respectcof this report if necessary. ** ft U lM,\*.^si ^J ? 22 November 1978

This paper, which might form a basis for your statement tomorrow to the representatives of the South African Government, has been discussed this afternoon with Mr. Urquhart and Mr. Jonah.

Martti Ahtisaari I should like to welcome you to our meeting here today on the question of Namibia. In so doing, I would draw to your attention the deepening anxiety of the international community regarding recent developments in the Territory. Within the limited time left to us, the urgent response of your Government to relevant decisions of the Security Council contained in resolutions 585 (1976), 431 (1978), 435 (1978) and 439 (1978) would greatly facilitate my work in submitting my report to the Security Council tomorrow as requested by resolution 439* I would refer you in particular to resolution 439 which, inter alia, called on your Government immediately to cancel the elections it had planned in Namibia in December 1978, and once again demanded its co-operation with the Security Council and the Secretary-General in the implementation of Security Council resolutions 385, 4-31 and 435. Ify intention in initiating this meeting is, in the first place, to know your Government's reaction on these basic issues, and to seek its co-operation in the implementation of the Security Council's decisions on the question of Namibia. In making this request, I am aware also of the concerns expressed by the Government of South Africa, among others, in regard to my report (document S/12827) on the implementation of the proposal for a settlement (document S/12636") in accordance with Security Council resolution 431. Permit me here to emphasize that the report is in conformity with the proposal for a settlement of the Namibian situation which your Government accepted on 25 April 1978. I have also been assured by the five Western Governments that it is in line with their proposal. On 28 September I issued an explanatory statement to this report (document S/12869) which took into account the concerns expressed by parties concerned, including the Government of South Africa. Security Council resolution 435, which inter alia approved my report and explanatory statement, provides all concerned with a unique opportunity for a peaceful settlement of the Namibian situation. To this end I hope that my explanatory statement has cleared the way for us to proceed to finalise arrangements for the implementation of my report. In this connexion, as you are aware, my report maintains the successive stages and spacing of the various phases of the electoral process laid down in the steps outlined in the proposal for a settlement and the annex to that document. The length of time specified for these stages is directly related to the complexity of the tasks to be performed and to the overriding consideration that certain steps are necessary "before it can "be said that elections have "been held under free and fair conditions under the supervision and control of the United Nations. Furthermore, the timetable envisaged in the proposal is linked to the date of emplacement of UNTAG in Namibia; based on the same time- table, an appropriate date for the elections vould be approximately seven months after that date, My report established the duration of UNTAG for a period of one year, depending on the date of independence to be decided by the constituent assembly. The establishment of a cease-fire is an essential prerequisite to the implementation of my report as adopted by the Security Council in resolution lj-35. As you are aware, I noted in my explanatory statement to the Security Council on 28 September that your Government and SWAPO had each indicated its willingness to observe a cease-fire provided the other does the same. This would be brought about following notification to the Secretary-General of an agreed cease-fire. In this connexion, Security Council document S/12636, on which my report is based, calls for a comprehensive cessation of all hostile acts in order to ensure that the electoral process will be free from interference and intimidation. The annex to that document describes provisions for the implementation of the cessation of all hostile acts, military arrangements concerning UHTAG, the withdrawal of South African forces, and arrangements with respect to other organized forces in Namibia and with respect to the forces of SWAPO. All these provisions were reflected in my report which was approved by the Security Council. Within the context of relevant Security Council decisions which I have outlined above, I would now like you to clarify the position of your Government on the following additional specific matters. <

Question of co-operation "by South African Government Paragraph 5 of resolution lj-35 called on South Africa to co-operate with the Secretary-General in its implementation. I hope that the Government of South Africa will now be in a position to confirm that it will co-operate in the implementation of my report as adopted by Security Council resolution lj-55*

Question of emplacement of UNTAG In this regard, I would invite the Government of South Africa to consult and reach agreement with me as to a date for the introduction and emplacement of UNTAG into Namibia, and would myself propose that this commence on 1 January 1979.

Question of the provisional target date for elections under the supervision and control of the United Nations It is now desirable that South Africa should, having regard to the various stages and steps projected in the timetable annexed to document 3/12636, and to an agreed date for the emplacement of UNTAG, establish with the United Nations a provisional target date for the elections to be held within the framework of that document.

Question of UN police monitors As to the United Nations civil police component, I take it that South Africa's concern with this aspect of UNTAG has now been removed consequent upon my explanatory statement in the Security Council.

Question of agreement on the status of UNTAG N(y report notes (in paragraph 15) that UNTAG will have to enjoy the freedom of movement and communication and other facilities that are necessary for the performance of its tasks. For this purpose UNTAG and its personnel must necessarily have all the relevant privileges and immunities provided for "by the Convention on the Privileges and Immunities of the United Nations, as veil as those especially required for the proposed operation. Preliminary discussions between officials of the South African Government and of the Secretary-General took place during the presence of the Survey Mission in Namibia in August 1978, in regard to this matter. It is important that an agreement on this matter "be concluded prior to the introduction of UNTAG in Namibia. I would therefore wish to be informed whether the proposed draft agreement is acceptable to the Govern- ment of South Africa,

Question of cease-fire I would advance for the consideration of the Government of South Africa the following practical arrangement for a cease-fire. South Africa and SWAPO • should each address to me a written undertaking to discontinue all hostile acts in accordance with the proposal for a settlement, and that each further agrees to observe such cessation with the commencement of the emplacement of UNTAG. Such procedure would be finalised after acceptance by the South African Govern- ment of the implementation of resolution

KXXX-XKXXXXXXX-XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX-XXXXXXXXXXXXXXXXXXXXXXXK RESOLUTION ON NAMIBIA ADOPTED AT THE 14TH SESSION OF THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT OF OAU, LIBREVILLE. 2-5 JULY 1977

The Council of Ministers of the Organization of African Unity, meeting in its Twenty-Ninth Ordinary Session in Libreville, Gabon from 23 June - 3rd July, 1977,

Having re-examined the grave political and military situation in Namibia resulting from the continued illegal South African Administration of the territory,

Recalling the pertinent numerous resolutions of both the UN and the OAU and the other International Organizations on Namibia,

i Reaffirming Africa's unequivocal support for the just armed liberation struggle waged by the Namibian people under the leadership of SWAPO for their freedom and national independence,

Further reaffirming that SWAPO is the sole and authentic representative of the Namibian People,

Commending SWAPO for its political mobilization of the Namibian People, and the intensification of the armed struggle against the South African armed roces of occupation in Namibia, - 2 -

1. DECIDES to increase diplomatic, material and financial assistance to SWAPO to enable it to further intensify the armed struggle for the early Liberation of Namibia from the illegal South African colonial occupation;

2. RECOMMENDS the convocation ojf a Special Session of the UN General Assembly as soon as possible to discuss the explosive situation in Namibia which constitutes a threat to peace and security on the African Continent as a result of South Africa's continued illegal occupation of Namibia in violation of the international status of the territory. In this regard it invites the OAU Secretary-General to study together with the competent authorities the possibilities of convening this Session;

3. REAFFIRMS in accordance with earliest decisions of the United Nations, the Non-Aligned Movement and the OAU that the only legal authority over the territory^ofNamiBIais the United Nations - •~~-"Counci^Tr-^^~-«-~^^^-»^^l for Namibia an^d denounces vehemently any possible attempt to establish any other autnoritywhic. ^ n'lMifci jHHy-wa-'lT . ----•"JTP f — » h-"WBMM-P is - -no ~™*,»~t —constitute — ™— ^ - - d ™—,,™by -th ----- e •m/l'^1''11"*''^"'''™"'1'"'^^ n- United Nations Council for Namibia;

REAFFIRMS that any agreement negotiated to lead Namibia to genuine independence must be based on the following preconditions :

(a) Withdrawal of all the military and paramilitary forces of South Africa from Namibia to allow for the creation of normal political atmosphere; -a - 3 -

(b) Unconditional release of all political prisoners, and the return to the territory of all Namibians in exile;

(c) That any interimAuthority to be formed in the territory before the attainment of its full independence be of the UN Council for Namibia;

(d) Accession of the territory to independence in its present limits including Walvis^JSay^^ . r\ \l

SUMMARY OP POINTS MADE BJTfiR. SAM NEWOMA AT THE MEETING HELD ON IstfuiX 1977 tM LIBREVILLE

1. Implementation of Security Council Resolution Would go along with the initiative of the Five jlf it results in the full implementation of Resolution 385 Emphasis should be placed on the implementation of all the provisions of the resolution and not only on the question of elections. The elections should be the last stage of a well-prepared process.

2. Withdrawal of South African armed forces Withdrawal of all the military and paramilitary forces of South Africa from Namibia before the elections and their reu^cjement by tIN units. LS is necessary for the creation of an atmosphere of peace, a precondition for the holding of the elections.

Withdrawal to border areas and "mixed presence" Rejected the idea of withdrawal to the border areas. Would insist that any "mixed presence" should involve SWAPO armed forces. ft/, i-i*-iSrt«aAVt * '

Administrator-General Rejected the appointment of an Administrator General for Namibia as the continuation of the colonial set-up in Namibia. The UN Council for Namibia should be involved in any interim Authority.

5. Special Representative of the Secretary-General Any representative of the Secretary-General should not be an observer. He should have enough staff and trjDops. ____ ~ ' T "- ' M~M*%!5l The appointment of the Special Representative should be made taking into account the role which the Council for Namibia should play in any political process. - 2 -

6. Special session of the General Assembly

SWAPO would insist on the convening of a special session of the General Assembly in order that the UN may redefine its position regarding Namibia. IMPLEMENTATION OF SECURITY COUNCIL RESOLUTION 385 '(1976) BY THE UNITED NATIONS

This paper discusses the implementation of Security' Council resolution

385 (1976) by United Nations personnel.

United Nations involvement is required by resolution 385 in matters bearing • directly on assuring free elections and an orderly transition. Therefore the

United Nations involvement has to be geared to supervision and control of elections for the constituent assembly, including all pre-election processes.

fl.ts monitoring of the different activities should be as good as possible.

The United Nations personnel mus;t-ensure the full co-operation of the local $~ LUse^JL<4>£fi*srfy'\ administration. /Clear wr-jrfcten agreement hasyto be reached with the South African

Government to guarantee the solving of day-to—day problems and ensuring orderly and fair electoral process.

Priorities

Peace and public order. It will be the responsibility of the peace-keeping forces to preserve peace and assist in eventual emergency situations in maintaining public order. TMs~g±3>1.4>e-Tlel:e>sary-r--Tiite^^ Uitited

Naiîoas>îylli^Lnê^ôjinfi^to_jse!^Qrm theio:_functions ^

Preparing for free ejections. This is such an important and special function x. that it is considered in a separate study annexed to this study.

Abolishing discriminatory and repressive laws and practices. Abolition of these laws is the subject of an annexed memorandum. Abolition of such practices, insofar as this is possible, is considered under the following heading: Applying the Universal Declaration of Human Rights to Namibia; While- thore 7jj ^fUr^^i ^ o vay to -ripply tho-Jtecj-aratiQjx-fey fJB&AM start JJja be made by the SuuLli^1 - 2 -

African Government by abolishing discriminatory and repressive laws and by

taking certain other concrete steps, viz:

(i) Prevent the victimization of Namibians.by public oofficials.

One of the most important functions- of the United Nations

Personnel is going to be that of an Ombudsman. They should be • authorized to receive complaints about the denial of political

rights or intimidation and to see that complaints are dealt with

satisfactorily at local level;

(ii) Freedom of movement.

The repeal of the pass laws will enable Africans to travel

freely throughout Namibia insofar as their finances and available

transportation permit.

Release of political prisoners. As far as is known, there has not yet been

any agreement on a definition of political prisoners. Nor has a satisfactory

formula been devised for settling the issue through a third party or otherwise.

If it will not be possible to arrange a blanket release of all political prisoners, necessary machinery will have to be established to "deal with indivi- dual cases. According to some estimates there might be up to UOO Namibians serving long-term prison sentences. Necessary legal experts have to be attached to the Special Representative's Office. The ICRC might be asked to-assist in trying to track down and account for missing Namibians.

Returned political prisoners may require social and medical services. They may also require transportation and/or funds to reach their homes.

Return of exiles. United Nations personnel may have to provide temporary reception centres for political exiles (10,000-15,000) near the main border - 3 -

*• crossing points and at transportation Junctions or termini. They may have to provide identity documents for some exiles, as veil as transportation,

• -» funds, ,and social and medical services. These activities could "be carried out "by personnel seconded from UNHCR and working under the direct supervision of the Special Representative. i End policy of bantustans (homelands). The problems involved in abolishing the legislation vhich created the homelands (including the "white area") without an alternative government structure to substitute for them are discussed in an annexed memorandum on the abolition of discriminatory and repressive laws generally. Given the short period of time envisioned for the United, Rations mission in Namibia, the attention of the United Nations mission should be directed toward the following questions (not listed in order of importance): (i) Devising a voting system which will maximize the political advantages of national, rather than local, interests and loyalties (a special study required); (ii) Protection of the right of air Namibians to enter and reside (at least on a;.transient bais) in any area; (iii) Tribal police; (iv) Termination of all mandatory tribal segregation in.urban locations, private workers' housing and dormitory projects, and anywhere else where blacks are housed. Other problems that need to be dealt with; (i) Preservation of territorial integrity, particularly in northern

Namibia; (ii) Effective border control; - U -

-V.

V (iii) Immigration;

(iv) Control of airfields;

(v) Radio transmissions;

(vi) Protection of the economy. • United Nations, organization, staffing

Inadequate time for necessary preparations in the pre-electoral period seems to have been a major constraint on effective functioning of electoral missions in the past. An advance party should go to Namibia as soon as possible after a mandate has been given to finalize the exact plan of operation.

Population estimates in this country of 320,000 square miles range from

900,000 to 1,25 million. Adult population (over 18) has been estimated to be close to 500,000.

There are 26 census districts in Namibia. It is not clear whether they could form a basis for eventual election. However they are used in this study to estimate the requirements of United Nations personnel. Depending on the size and population of the districts, sub-stations will be required. The number of them will vary from district to district. It is assumed here that up to 30 sub-district stations will be required. District activities will be led by

District Representatives and assisted by a team of supervisors. On the sub- district level a team approach should also be applied. The mr-ber of polling stations may come up to 800-1,000. A list of census districts, with 1970 population figures, is attached as an annex.

The operational requirements for United Nations manpower fall into the following categories: Windhoek 1. Legal - Election law - Human rights .

Legal (cont'd)

- Criminal lav - Constitutional law

22. Superivsion and control of elections

33. iPublic safety and internal security kk. Repatriation of Namibian refugees

55. Communication and transport

6£>. Administration and finance

17. Medical

3$. General services

- Radio operators

- Security men

- Translators

- Interpreters

- Secretaries .and other office personnel

- Others

The Special Representative vill moreover require a number of Special

Assistants. Total needs in Headquarters in Windhoek will come up to 150-200. The tasks of United Nations personnel in districts vould be to:

- monitor the activities of the district adaf- ) 26 district stations nistration; ) 30 sub-district stations - supervise and control the preparations for | 5 UN supervisors attached elections; to each station: - supervise and control of the actual elections \ (56 x 5 = 280 + 10$ re- (800-1,000). ; serve = 308)

An independent communications system from Windhoek to districts and from

districts to sub-district stations has to be established. Adequate transpor- - 6 - tation has to "be made available for the Mission.

To overcome the recrritment problems it may be possible to recruit a major part of the personnel who would actually be supervising and controlling the elections for a short period of time (2-3 weeks). Through this arrangement'it will be possible to have complete coverage of all polling stations during election day/days, which for political reasons is necessary. This arrangement would also be more advantageous financially.

31 August 1977. ANNEX I

Supervision and Control of Elections

Paragraph 7 of resolution 385 requires the United Nations to supervise and control free elections in Namibia to the end that the people of i the Territory may freely determine their own future. • Paragraph 8 explicitly requires supervision and control of the whole electoral process.

Scope of electoral process i

The electoral process involves a substantial number of steps. The major ones are the following, listed in rough chronological order:

(1) deciding the form and modalities of the election, including, if appropriate, the delimitation of con- ". stituencies, and drafting regulations to be applied;

(2) public information concerning all'aspects of the electoral process;

(3) registration, including deciding challenges and complaints and establishing a definitive voters' roll;

(4) selecting and qualifying .candidates and campaigning; and

(5) balloting, including settling of challenges and complaints and certification of results,

General comments

The actual balloting will probably take place throughout the entire Territory at the same time. "

Both the' Special Representative and the political parties will be involved in all steps o£ the process. -

. A tentative time-table for steps (1) - (5) might be as follows:

step (1) 1 month step (2) ' 1 month step (3) enrollment ... 1 month ) ) 3 months processing ... 2 months ) - 2 -

step (4) 2-2*3 months step (5) „ 1 day (followed by 3-4 weeks to process complaints and x. challenges)

This time-table is based on experience in the Togoland and Cameroon plebiscites, which were supervised by the United Nations, it should be noted that in these plebiscites the voters had only two choices, whereas the election in Namibia will be multi-party and multi-issued. The number of potential voters is larger in Namibia than the number of voters in either Togo or Cameroon, and the area is much greater.

An important consideration in establishing a specific time-table will be to make sure that neither the registration period nor election day falls during the rainy season.

Forms and modalities

One of the first decisions that will have to be made, in consultation with the political parties, will relate -to the election system.

Other decisions will involve, inter alia: colors and symbols for the political parties; registration methods and schedules; the date for the election; role of the parties as observers, poll-^watchers, etc.; qualifica- tions for candidates; regulations for fair campaigning; establishment of special courts or administrative bodies to hear complaints connected with electioneering; location and number of registration centers and polling places (not necessarily identical) and hours for registration and voting; protection.of- the ballot; challenges and petitions; counting and certification of count, etc.

Most of these decisions must be made before the public information programme can begin since the public will have to be given the specific information involved. .

Public information programme

Many Namibians have never voted. Consequently, the public information function will involve both explaining how, when, and where to register and ail

- 3 -

to vote and also why all qualified Namibians should participate in the electoral process.

In the Togoland and Cameroon plebiscites public information was j •• provided by public officials through lectures, posters» radio, special comics, pamphlets, and cinema-vans, which visited all areas accessible i by road'. It can be expected that the political parties will also try to provide information about registration and voting to potential voters.

Registration

Registration is the real key to the election: the decision as to who is eligible to register is in fact the decision as to who is entitled to vote.

In the Togo and Cameroon plebiscites it was decided that it was not sufficient to have registration centers only in the major towns and administrative centers of the districts. Registration teams had to go out to the most inaccessible areas — sometimes two or three times — to ensure full participation in the electoral process. The same situation will undoubtedly prevail in Namibia. • The Togo and Cameroon experience also indicated that two months of work was required after the enrollment of voters ended in order to hear and determine all dubious cases, complaints, and petitions and to prepare a final, certified registration list. The hearing and deciding of complaints and challenges required experienced and fair-minded lawyers since no appeal was allowed from their decisions.

. In Namibia special consideration will have to be given to returning refugees and-detainees (political prisoners) to ensure their right to participate in the political process.

Selecting candidates, campaigning

United Nations functions during the campaign can be largely limited to hearing and deciding complaints as to unfair practices, intimidation, etc. .

The time set for campaigning must be long enough to enable all political parties and/or candidates to present their positions to the public and to - 4 -

prevent any undue advantage accruing to those groups that have already started electioneering.

. Election . . '•

The United Nations will have to be satisfied"'long" in advance that the number of polling places is sufficient and that they are located so as to enable all Namibians to vote without undue hardship; and also how many voting booths will be needed at each polling place. t United Nations personnel will have to supervise the entire voting procedure, from the establishment of polling stations to the counting of ballots. In addition, they will have to see to it that disputes are resolved, challenges properly dealt with, and, that there is no intimidation, fraud, etc., inside or outside the polling stations.

Personnel needed

The periods

* In British-mandated Togoland, which was about l/25th of the size of Namibia, and in whiich 194,000 persons registered (less than half the number anticipated in Namibia), there were 344 registration centers and 408 polling stations. Two thcnusand people were involved in the electoral process, the majority of them Hocal Africans. In Cameroon, also much smaller than Namibia, where 350,000 persums voted, 4,537 persons were involved in the electoral process; due to a-shortage of personnel, voting took place on one day in one half of the Territory and on the next day in the other half. It appears that ' neither figure inclludes police officials. *» • • ... This experiencce suggests that the number of persons, including locally recruited persons, involved in the electoral process in Namibia, which is larger in area and in population, will have to be considerably larger than the 4,537 involved _in Cameroon.

As indicated aabove, registration stations will have to be widely spread around the Territorry. But it will be possible to send registration teams to remote areas. In ssome places it may be possible to bring Namibians to regis- - 5 - . r" - . •• •

tration centers. The two methods may be used in conjunction with each other to ensure full coverage.

In determining the location of registration centers and, more ^ importantly, of polling stations — of which there would probably be many more — the following statistics are relevant. The population of Namibia- is assumed to be 1,000,000 - 1,250,000, of whom roughly half, or 500,000, are likely to register to vote. The area is slightly under 320,000 square miles, of which perhaps 250,000 - 260,000 is inhabited (the Odendaal Report gives the area of the Namib desert as nearly 50,000 square miles).

Using a voting population of 500,000 and an inhabited area of 250,000 square miles, if polling stations are placed, on the average, 20 miles apart, a minimum of 800 would be required to cover the habitable area. Each such station would serve, on the average, 625 potential voters, " but considerably more than half of them would have to travel (probably by , foot) between 10 and 20 miles, round-trip, to (register or) vote. (In Togo 7% miles round-trip was considered the maximum acceptable walk to a polling place.)

Both Togo and Cameroon decided that if more than 500 voters were anticipated at a single polling place, additional voting booths would be required, due to the calculated speed of voting. Additional voting booths at the same polling station require minimal additional UN personnel, of course; additional locally recruited aids and assistants would be required.

If polling stations were placed 10 miles apart on the average, no person would have to travel more than 10 miles round-trip (at least theoretically), but 3,333 stations would be needed, each serving on the average a mere 120 voters.

Since these figures are based on theoretical averages, which do not . take into account actual population distribution and other relevant factors, they are useful only to indicate the size and difficulty of the operation. They do suggest, however, that relatively unorthodox solutions, such as bringing substantial numbers of voters to the pools by chartered transportation, may be required. -6-

If it is assumed that, even with new and unusual measures, 800 polling places is a minimum figure, and at least 1,200 (some containing several voting booths) is more likely,- then it would appear that some **••: 6,000 - 8.,000 persons will probably be involved 'on. election day, in addition to interpreters and police. Most of these can be locally i recruited persons, but it would appear that at least one United Nations official would have to be present at each polling place. In addition, some flying trouble-shooters and relief personnel would have to be available when needed.

It is possible that half to one-third as many registration centers may suffice if teams are sent out to remote or distant places. However, when a team is sent out, another will have to remain at the center to serve «. the people who come there (presumably it will have been chosen because it was a population center) . In some cases a registration team may divide its activities between two or three centers, but it must be remembered that this will effectively reduce the registration period for the people concerned. Annex I),

Multiple Administrative Systems in Namibia

The following separate administrative systems co-exist in Namibia: (i) four separate "self-governing" Black homeland systems, in Ovamboland ("Owambo"); Kavango; East Caprivi; and the Rehoboth Gebiet; (ii) more or less direct administration of the other African homelands by the Department of Bantu Administration and Development through . its Native Commissioners and homeland chiefs and headmen; (iii) administration of the unconsolidated Coloured areas and the Nama homeland by the Department of Coloured, Rehoboth, and Nama Relations; (iv) the "white area," which is ostensibly self-governing, with a Legislative Council that has functioned since 1925, but which is subject to a territorial Administrator appointed by Pretoria and which lost most of its significant legislative, administrative, and financial powers to South Africa In 1969.

In addition, the South African administration directly controls a number of matters throughout the Territory, such as postal service and telecommuni- cations; currency and banking; customs and excise, etc. It also administers certain subjects which the various "self-governing" systems are unable to administer although ostensibly permitted to do so; and it frequently administers others indirectly through the judicious secondment of South African public officials to homeland governments, as well as through its ubiquitous Native Commissioners.

In virtually all the African homelands, Including those which are deemed "self-governing," there is a hierarchy of chiefs and headmen who exercise limited but real rule-making, administrative, and judicial functions vis-a-vis members of their community or tribe. Their powers and functions and relations with the South African Government are governed, in principle, by the Native Administration Proclamation, No. 15 of 1928. if

\ Annex I/" - 2 -

In the "white area" there are local authorities, created by and responsible to the Legislative Council and Administrator, as well as authorities in charge of Black urban "locations," who are directly responsible to the Department of Bantu Administration and Development Urho but^must also respond to the local authorities in whose jurisdiction such "locations" are situated.

Semi-governmental and private agencies and institutions which have created their own administrative systems include, e.g., the Railways and Harbours Administrations the major defense installations (Grootfontein, Rooikop, etc.)', the major mining complexes (as Tsumeb or Consolidated Diamonds, with its isolated mining on the coast). CENSUS DISTRICTS IN NAMIBIA WITH POPULATION FIGURES FROM 19JO ANNEX III Population Census Districts " (1970)

Bethanien Gibeon 20,856' ,

Gobabis ./ 23,095 Grootfontein 21,918 j

Karibib 9,833 Keetmanshoop 21,726 Luderitz" 16,657

Maltahohe 5,109 Okahandja 5,880 Omaruru 5,880 Otjiwarongo 15,683 OutJo. 13,310 Rehoboth 23,233

Svakopmund 7,588 Tsumeb 18,601 Wai vis Bay Warmbad 9,029

Windhoek 75,026

Boesmanland

Damaraland . 12,362 ' s. - Hereroland/East 10,993

Hereroland/West ' 8,731* i Kaokoland 12 ,'5^5 East Caprivi 25', 658 Kavangoland " 53,982

Ovamboland 295,508

(762,l8IQ ANNEX IV

Abolition of Racially Discriminatory and

Politically Repressive Laws

The abolition of the application in Namibia of all racially discriminatory and politically repressive laws is required by paragraph 11(c) of resolution 385, as well as, by implication, by paragraph 2.

To fulfil this mandate, the laws in question must be identified; then it must be determined how they are to be "abolished"; and finally any problems arising out of their "abolition" must be anticipated and preparations made to deal with those problems.

Identification of legislation

Identification of repressive legislation is relatively simple , although a list of all the laws which abolish the requirement of a warrant for searches and seizures and/or encourage official snooping, spying, or harassment is long and growing. -

Identification of all racially discriminatory legislation is, however, far more difficult since great numbers of laws .contain some discriminatory provisions or authorize the enactment of discriminatory sub-legislation. In addition, some legislation is habitually applied in a discriminatory manner although, as written, it may be non-discriminatory.

There seems no point in identifying all discriminatory and repressive legislation, since it would so closely parallel the entire list of laws " i • s.%. applied or purportedly applied in- the Territory. The laws identified below are thus limited to the most flagrant examples of discriminatory and repressive legislation. The list is not intended to be completeX Many laws, if not grossly discriminatory or repressive, have been omitted bacause their "abolition," without careful legislative consideration, might cause the new Namibian state many complex administrative or financial problems.

I/ In addition to laws omitted for" the reasons set out above, the latest 1977 Parliamentary legislation is not yet available. Information about territorial legislation and sub-legislation is also skimpy. Additions may have to be made to the list set out in the following pages.. - 2 -

Method of "abolition"

At the outset it should be noted that much legislation which is now in fact applied in Namibia by the occupation regime is not, in terms of international law, legally in effect in Namibia. All laws enacted since 27 October 1966, as well as amendments made since that date to laws pre- viously enacted, fall into this category. Technically speaking, therefore, since they have no legal existence, they cannot be "abolished." (This conclusion applies, of course, to all post-mandate legislation, not merely to that which is racially discriminatory or politically repressive.)

As a practical matter, however, Namibians are constrained to act in conformity with the provisions of such invalid laws, as well as of legally valid laws,or else face various sanctions. Consequently, if it is unnecessary to abolish their application by repeal, it is nevertheless necessary that they be identified and declared to be not in effect in the Territory.

As for discriminatory and repressive laws antedating the revocation of the mandate, it would appear that paragraph 11(c) can be satisfied only by their repeal, and not by their suspension.

Problems in connection with "abolition"

Most repressive legislation can be repealed or declared not in effect without raising any serious administrative or law enforcement problems. In general, the legislation which would be "abolished" supplemented, but did not supplant, existing criminal and related laws, which remain on the books. (A major exception may be the Criminal Procedure Act, No. 51 of 1977, which Purported to repeal the territorial Criminal Procedure Ordinance, No. 34 of 1963; in view of the legal invalidity of the Act, however, it would appear v. that its repealer clause is ineffective and the ordinance was not effectively repealed.)

The situation is quite different in relation to much discriminatory legislation. That legislation often constitutes the only existing law covering a subject. (In some instances when the discriminatory legislation was enacted after 1966, it replaced, or purported to replace, earlier legislation which was also discriminatory and which, therefore, if legally unrepealed, should itself be "abolished" under paragraph 11(c).) - 3 -

*. 2/ Thus, for example, the Native Nations Act— and related legislation establishing various Namibian "homelands", which should be "abolished" under paragraph (4), as well as paragraph 11(c), provide the only governmental structure for those areas. Similarly, the 1968 South West Africa Constitution Act provides the only framework and governmental machinery for the "white area." To "abolish" these laws simpliciter would be to leave all Namibia without any government, any authority for running basic services-education, sanitation, road repear, fire protection, etc.

Therefore, it appears that as a practical matter, many laws which are identified in this report as discriminatory or repressive cannot be "abolished" immediately without either substituting other provisions or facing administrative chaos.

Consequently, this report, while identifying the major discriminatory and repressive laws which should be abolished, divides them into a number of categories and suggests different kinds of action to be taken in relation to 6U.IA- the laws in each category. Insofar as possible, the action to be taken w±H. eliminate or minimize the worst provisions while leaving a basic administrative structure with which the interim authority can function.

2j Development of Self-Government for Native Nations in South-West Africa Act, No. 54 of 1968. - . m

Discriminatory and repressive laws to be repealed or

declared inapplicable in toto to Namibia

* Bantu Affairs Act, No. 55 of 1959 * "BOSS Act," No. 101 of 1969, sec. 29 Defence Act, No. 44 of 1957 Electoral Consolidation Act, No. 46 of 1946 * Identity Documents in South West Africa Act, No. 37 of 1970 * Internal Security Act (formerly Suppression of Communism Act)^ No. 44 of-1950 * Newspaper and Imprint Registration Act, No. 63 of 1971 Official Secrets Act, No. 16 of 1956 Police (South West Africa) Act, No. 19 of 1939 Public Safety Act, No. 3 of 1953 * Publications Act, No. 42 of 1974 South West Africa Affairs Amendment Act, No. 23 of 1949 South West Africa Affairs Amendment Act, No. 55 of 1951 * Terrorism Act, No. 83 of 1967 Unlawful Organizations Act, No. 34 of I960

Prohibition of Mixed Marriages Ordinance, No. 19 of 1953 ** Rehoboth Gebiet Affairs Ordinance, No. 20 of 1961

** Administration of the Rehoboth Community Proclamation, No. 28 of 1923 Control and Treatment of Natives on Mines Proclamation, No. 3 of 1917 * Employment Bureaux Regulations Proclamation, No. R.323 of 1972 * Employment Bureaux for Namas Regulations Proclamation, Ho. R.32 of 1973 Immorality Proclamation, No. 19 of 1934 Native Administration Proclamation, No. 11 of 1922 Prohibited Areas Proclamation, No. 26 of 1928 * Regulations for the Administration of the District of Ovamboland Proclamation, No. R.17 of 1972 ** Rehoboth Affairs Proclamation, No. 31 of 1924 ** Rehoboth Gebiet Affairs Proclamation, No. 9 of 1928 Vagrancy Proclamation, No. 25 of 1920

* Not legally'in effect in Namibia ** Apparently superseded by Rehoboth Self-Government Act, No. 56 of 1976. See - 5 -

Discriminatory and repressive laws which can be replaced In toto by other legislation

* Bantu Education Act, No. 47 of 1953 * Basters of Rehoboth Education Act, / to be replaced by No. 85 of 1972 ^ « „., ' Education Ordinance, Coloured Persons in South-West Africa I „ „_ - ^n,~ Education Act, No. 63 of 1972 I ' N°' 27 °f 1962' Nama in South-West Africa Education J slightly amended ** Act, No. 86 of 1972

Criminal Procedure Act, No. 51 of 1977, to be replaced by the territorial Criminal Procedure Ordinance, No. 34 of 1963, which it purported to replace *** Riotous Assemblies Act, No. 17 of 1956, to be replaced by the Riotous Assemblies and Criminal Law Amendment Ordinance, No. 9 of 1930, **** which was purportedly repealed by the Internal Security Amendment Act, No. 79 of 1976. The Ordinance should, in turn, be largely repealed as repressive, leaving in effect only those traditional provisions which deal with handling riots.

* Not legally in effect in Namibia ** See *** See **** see 4 ' - 6 -

Discriminatory and repressive laws to be amended slightly

• -* and retained as amended until replaced by new legislation

Education Ordinance, No. 27 of 1962.** Provisions making it applicable to whites only and requiring segregation to be removed.

Liquor Ordinance, No. 2 of 1969. General provisions controlling sale, possession, etc. of liquor to be preserved. Discriminatory provisions affecting Blacks and non-white areas to be removed.

Wage and Industrial Conciliation Ordinance, No. 35 of 1952. To be amended by removing provisions which exclude "natives" from definition of "employees" for certain purposes (and possibly broaden definition of employment covered by the ordinance).

* Not legally in effect in Namibia ** See m

- 7 -

Discriminatory and repressive laws which should be repealed

or declared invalid* In Namibia except for specific provisions

which may need to be temporarily retained, either as is or in

slightly modified form

South-West Africa Bantu Affairs Administration Act, No. 56 of 1954. Section 4, vesting "native" reserves and funds in the South African Bantu Trust, should be amended to remove them from the Trust and vest them in some Namibian institution, (preferably, of course, the UN, on behalf of the Namibian people generally and/or the particular Africans affected).

Riotous Assemblies and Criminal Law Amendment Ordinance, No. 17 of 1956**. To replace Riotous Assemblies Act, No. 17 of 1956, which was purportedly applied in Namibia by the Internal Security Amendment Act, No. 79 of 1976, which purportedly repealed the Ordinance. Ordinance to be repealed as repressive except for • traditional provisions which deal with handling riots.

Native Administration Proclamation, No. 15 of 1928. Provisions as to African marriages and inheritance, where applied, may need to be retained in the absence of substitute provisions.

Natives (Urban Areas) Proclamation, No. 56 of 1951. Some provisions defining "urban areas" and providing for the management of urban locations, control of liquor in locations, etc. may need to be retained temporarily.

* Law not legally in effect in Namibia

** See - 8 -

Laws relating to Government structure which are discriminatory, but which cannot be declared inapplicable or repealed in substantial part without substitute provisions

* Development of Self-Government for Native Nations in South-West Africa Act ("Native Nations Act"), No. 54 of 1968 * Namaland Consolidation and Administration Act, No. 79 of 1972 Prison Act No. 8 of 1959 * Rehoboth Self-Government Act, No. 56 of 1976 * South-West Africa Affairs Act, No. 25 of 1969 * South-West Africa Constitution Act, No. 39 of 1968 Treaty of Peace and South-West Africa Mandate Act, No. 49 of 1919

Establishment of an Elected Coloured Council for South West Africa Ordinance, No. 29 of 1966 Establishment of Local Government in Coloured Townships Ordinance, No. 35 of 1965

* Caprivi Constitution Proclamation, No. R.42 of 1976 * Eastern Caprivi Legislative Council Proclamation, No. R.6 of 1972 * Kavango Constitution Proclamation, No. 115 of 1973 * Kavango Legislative Council Proclamation, No. R.196 of 1970 * Owambo Constitution Proclamation, No. R.104 of 1973 * Owambo Legislative Council Proclamation, No. R.291 of 1968 * Rules of Procedure for the Eastern Caprivi Legislative Council Proclamation, No. 7 of 1972

Not legally in effect in Namibia - 9 -

Selectsd list of other laws which require attention insofar as they are applied in Namibia

* Admission of Persons to the Republic Regulation Act, No. 59 of 1972 * . Aliens Act, No. 1 of 1937 Coloured Development Corporation Act, No. 9 of 1962 * Companies Act, No. 61 of 1973 Customs and Excise Act, No. 91 of 1964 * Deeds Registries Act, No. 47 of 1937 Departure from the Union Regulation Act, No. 34 of 1955 Electoral Consolidation Act, No. 46 of 1946 Land Bank Act, No. 13 of 1944 * . Land Bank Amendment Act, No. 31 of 1969 Magistrates' Courts Act, No. 32 of 1944 * Provincial and the Territory Service Pensions Act, No. 14 of 1969 * Registration of Deeds in Rehoboth Act, No. 93 of 1976 * Rehoboth Investment and Development Corporation Act, No. 84 of 1969 South African Citizenship Act, No. 44 of 1949 * South West Africa Constitution Amendment Act, No. 91 of 1977 Supreme Court Act, No. 59 of 1959 Territorial Waters Act, No. 87 of 1963

Administrator's Legislative Powers Ordinance, No. 20 of 1952 Coloured Development Corporation Powers in the Territory Ordinance, No. 28 of 1966 * Mines, Works and Minerals Ordinance, No. 20 of 1968

Deportation of. Undesirable Persons from South West Africa Proclama- tion, No. 148 of 1962 Eastern Caprivi Zipfel Administration Proclamation, No. 147 of 1939 Okavango Native Territory Affairs Proclamation, No. 32 of 1937 Ovamboland Affairs Proclamation, No. 27 of 1929 * Prospecting and Mining - Native Reserves, South West Africa, Proclama- tion, No. 42 of 1969 Undesirables Removal Proclamation, No. 50 of 1920

Not legally in effect in Namibia X&e Argentinians gave me the attached draft resolution which has the full backing of the Africans. It has been distributed informally to the members of the Council and if no serious objection is raised, it will be put out on Monday noon. The Security Council,

Recalling its resolutions 309 (1972), 310 (1972) of 4 February 1972 and 319

(1972) of 1 August 1972, and without prejudice to other resolutions adopted

on the question of Namibia, which remain in full force and effect,

Reaffirming the special responsability and obligation of the United Nations towards the people and Territory of Namibia,

Recalling the advisory opinion of the International Court of Justice of 21 June

1971,

Considering that the continued illegal occupation of Namibia by the Government of South Africa in defiance of the relevant resolutions and the Charter of the

United Nations is creating conditions detrimental to the maintenance of peace and security in the region,

Reaffirming the inalienable and imprescriptible right of the people of Namibia to self-determination and independence,

Affirming that the national unity and territorial integrity of the people of Namibia cannot be subordinated to any conditions,

Having considered the report submitted by the Secretary General in accordance with resolution 319 (1972) (S/10832),

1. - Observes with satisfaction that the people of Namibia have had again an opportunity of expressing their aspirations clearly and unequivocally , in their own territory , to representatives of the United Nations,

2. - Notes with interest that the overwhelming majority of the opinions examined by the Representative of the Secretary General were, inter alia, categorically in favor of immediate abolition of the "homelands" policy, withdrawal of the

illegal South African administration from the Territory, accession to National

independence and presewarvationof the Territorial integrity of Namibia, thus

further confirming the consistently held position of the United Nations in this

matter,

3. - Deeply deplores that no complete and unequivocal clarification was obtanied

from the Government of South Africa with regard to its policy of self— determina

t tion and independence for Namibia,

4. - Eejects any interpretation , measure ^(Sf policy which is not based on the

principle of self-determination, national independence and the territorial inte-

grity of Namibia in conformity with the Charter of the United Nations and the

relevant resolutions adopted in this matter,

5. - Invites the Secretary General on the basis of paragraph 4 a^jove to continue

his valuable efforts, in consultation and close co-operation with the Group

of the Security Council established in accordance with resolution 309 (1972)

and using such instrumentalities as he may choose, including representatives

or missions, to ensure that the people of Namibia exercise, freely and with

strict regard to the principles of human equality, their right to self-determina-

tions and independence, in accordance with the Charter of the United Nations,

6. - Calls on the Government of South Africa to co-operate fully with the Secre-

tary General in the implementation of this resolution in order to bring about

peaceful transfer of the administration of Namibia, transitionally to the United

Nations, v 7. - Requests the other parties concerned to continue to extend their valuable

co-operation to the Secretary General with a view to assisting him in the Implementation of this resolution,

8. - Decides that, inmediately following the partial renewal of the membership of the Security Council on 1 January 1973, the President of the Council shall appoint, in consultation with all members, representatives to fill the vacancies that will occur in the Group established in accordance with resolution 309 (1972),

9. - Requests the Secretary General to report to the Security Council on the implementation of this resolution as soon as possible but no later than 30

April 1973. ElConsejo de Segurtdad,

Recordando sus resoluciones 309 ( 1972 ) y 310 ( 1972) del 4 de

febrero de 1972 y 319 ( 1972) del 1^ de agosto de 1972 y sin perjuicio

de otras resoluciones adoptadas sobre la cuestid'n de Namibia que

mantienen plenamente su vigencia;

Seafirmando las responsabilidades y obligaciones especiales de

las Naciones Unidas hacia el pueblo y el territorio de Namibia;

Recordando la opinion consultiva de la Corte Internacional de Jus- ticia del 21 de junio de 1971;

Conslderando que la continuaciCn de la ocupacifin ilegal de Namibia por el Gobierno de Suda"frica en desaffo de las resoluciones pertinentes y de la Carta de las Naciones Unidas crea condiciones perjudicia les para el mantenimiento de la paz y la seguridad en la region;

Reafirmando el derecho inalienable e imprescriptible del pueblo de Namibia a la libre determinac.idn y la independenc ia;

Afirmando que la unidad nacional y la integridad territorial de Nami- bia no pueden estar subordinadas a ninguna condicio"n;

Habiendo examinado el informe presentado por el Secretario General en cumplimiento de la resolucidn 319 ( 1972) ( S/10832), - 2 -

1. Advierte con satisf accic'n que el pueblo de Namibia ha tenido nuevamente oportunidad de manifestar sus aspiraciones clara e inequTvocamente, en su propio territorio, a representantes de las Naciones Unidas,

2. Toma nota con interns de que la inmensa mayorfa de las opinio- nes consultadas por el Representante del Secretario General se pro- nunciaron eategfiricamente, entre otras cosas, en favor de la inme- diata abolicifln de la poirtica de " territories patrios", el retire de la administracKSn ilegal sudafricana del territorio, la accesitfn a la independencia y la preservacifin de la integridad territorial de Namibia, ratificando la invariable posiciCn de las Naciones

Unidas en esta materia,

3. Deplora profundamente que no se haya obtenido por parte del

Gobierno de Sudafrica una aelaracid'n cabal e inequfvoca respecto de su polftica de autodeterminacio'n e independencia para Namibia,

4. Rechaza cualquier iuterpretacio'n, medida o polftica que no es- te" basada en los principles de autodeterminacidn, independencia nacional e integridad territorial de Namibia de conformidad con la

Carta de las Naciones Unidas y las resoluciones pertinentes adoptadas sobre esta materia. 5. Tnvita al Secretario General a que, sobre la base del pa"rrafo

4 supra prosiga sus valiosos esfuerzos en consulta y estrecha coo- peracifin con el Grupo del Consejo de Seguridad establecido confor-

me a la resoluci(5n 309 ( 1972 ), mediante el mecanismo que elija, incluyendo el empleo de representantes o misiones, tendientes a obtener que el pueblo de Namibia, libremente y con estricto respe- to por los principles de la igualdad entre los hombres, ejercite su derecho a la autodeterminacio'n e tndependencia, de conformidad con la Carta de las Naciones Unidas,

6. Exhorta al Gobierno de Suda"frica a cooperar plenamente con el

Secretario General en la aplicacifln de esta resolucio*n a fin de lo- grar la transf erenc ia pacffica de la Administracio'n de Namibia trar sitoriamente a las Naciones Unidas,

7. Pid e a las otras partes imteresadas que contintfen prestando su valiosa cooperact<5n al Secretario General con miras a asistirlo en el cumplimiento de esta resolucifin,

8. Decide que luego de efectuarse la renovaci<5n parcial de los

Miembros del Consejo de Seguridad, el 1°- de enero de 1973, el

Presidente del Consejo designara" en consulta con todos los miembn a los representantes llamados a cubrir las vacantes que se produci - 4 -

en el Grupo establecldo conforme a la resoluci<5n 309 { 1972),

9. Pide al Secretarlo General que informe al Consejo de Seguridi sobre el cumplimiento de esta resolucld'n tan pronto sea posible pe no despue"s del 30 de abril de 1973. A v

The Security Council, Recalling its resolution 309 (1972) of 4 February 1972 and 319 (1972) of 1 August 1972, and without prejudice to other resolutions adopted on the question of Namibia, which remain in full force and effect, Reaffirming the special responsibility and obligation of the United Nations towards the people and Territory of Namibia, Recalling,, the advisory opinion of the International Court of Justice of'21 June 1971,

Considering that the continued occupation of Namibia by the Government of South Africa in defiance of the relevant resolutions and the Charter of the United Nations is creating conditions prejudicial to the maintenance of peace and security in the region, Having considered the report submitted by the Secretary- General in accordance with resolution 319 (1972) (S/10832), 1. Notes with appreciation the efforts made by the Secretary- General in the implementation of resolution 319 (1972);

2. Observes with satisfaction that through the implementation of resolutions 309 (1972) and 319 (1972) the people of Namibia have, for the first time, had an opportunity of expressing their aspirations clearly and unequivocally, in their own Territory, to representatives of the United Nations;

3. Notes with interest that the vast majority of the opinions examined by the Representative of the Secretary-General were, inter alia, categorically in favor of immediate abolition of the -2-

"homelands" policy, withdrawal of the South African administration from the Territory, accession to independence and preservation of the territorial integrity of Namibia, thus endorsing the consistently held position of the United Nations in this matter; 4. Deplores that no complete and unequivocal clarification was obtained from the Government of South Africa with regard to its policy of self-determination and independence for Namibia and rejects the assertion that this was not the appropriate stage to go into a detailed discussion of the subject; 5. Rejects the establishment of an Advisory Council or of any other body whose function would be to act on behalf of the people of Namibia which is not constituted on the basis of free elections conducted with strict regard to the principle of human equality and in accordance with procedures which meet with the approval of the United Nations; 6. Rejects the so-called "influx control" as a justification for the curbs on freedom of circulation in the Territory; 7. Notes the statements made concerning the need for legitimate political activity, including freedom of speech and the holding of meetings, and trusts that they will be put into proctice forthwith; 8. Reaffirms the inalienable and imprescriptible right of the people of Namibia to self-determination and independence; 9- Affirms that the national unity and territorial integrity of the people of Namibia cannot be subordinated to any conditions; 10. Invites the Secretary-General to continue his efforts, -3—

with the assistance of his representatives and in consultation and close co-operation with the Group of the Security Council established in accordance with resolution 309 (1972), to ensure that the people of Namibia exercise, freely and with strict regard to the principles of human equality, their right to self- determination and idependence, in accordance with the Charter of the United Nations; 11. Calls. on the Government of South Africa to co-operate fully with the Secretary-General in the implementation of this resolution in order to bring about the peaceful transfer of

power in the Territory; , ? ,, 12. Re gu e s t s/o t he r interested parties\T6continue to extend their valuable co-operation to the Secretary-General with a view to the best implementation of this resolution; 13. Decides that, immediately following the partial renewal of. the membership of the Security Council on 1 January 1973, the Presidente of the Council shall appoint, in consultation with all members, representatives to fill the vacancies that will occur in the Group established in accordance with resolution 309 (197.2);

14. Requests, the Secretary-General to report to the Security Council on the implementation of this resolution not later than 31 May 1973. Contrary to interpretations given in certain press reports the representative has not concluded any agreement - which, as he had always made clear to the Prime Minister, was neither his task nor within his competence. As paragraph 13, page 5> says clearly, "it was agreed that the substance of the discussions should "be recorded as follows" The formula (para.(e), p.6) "This seemed to me acceptable in principle" referring to the Prime Minister's remark that experience in self-government could best be achieved on a regional basis must be seen in the light of para.(b),p.6 which relates to the Prime Minister's view that the interpretation of self-determination and independence could be discussed with better results once the inhabitants have had more administrative and political experience. The acceptance by the representative to have the formula para.(e), p.6 included in the minutes of the discussions was an absolute condition put up by the Prime Minister for his acceptance of an authority for the whole territory, the establishment of one Advisory Council and his readiness to assume overall responsibility for the Territory as a whole in elimination of the Ministries responsible for different sectors up to now. (.Ministry of Bantu Administration and Development and of Bantu Education. Ministry of Health and of Coloured Relations and Rehoboth Affairs. T Influx Control (para, (h), p. 6) means control on establishment. The Prime Minister argued that an unlimited freedom of establishment within the whole territory would lead to an uncontrolable aflux of persons in search of employment to commercial and industrial centres, to the construction of slums and the creation of intolerable housing conditions. An excessive offer of manpower would also be detrimental to the working class itself (unemployment, low wages). The meaning of paragraph (h) is therefore that the Prime Minister will examine the possibility of granting freedom of movement - i.e. abolition or amendment of the much criticized pass law - while maintaining control on establishment.

(The translation in the original French text "controle sur les entries" is misleading; a corrigendum is in preparation). COHTENTS

Report by Secretary-General (l - 3) Annex I Aide Memoire (l) Annex II Report to Secretary-General (l - 23) Introduction (l) I. Contacts with South African Government (2 - 6) II. Contacts with Groups W»«l Individuals in Namibia (7 - 20) (a) Calling for end of SA rule (7 - 1*0 (i) political organizations (8 - 11) (ii) church leaders (ll - 13) (iii) students, youth (13 - Ik] (TO) supporting homelands (l^ - 19) (c) other views (19 - 20) (i) United Party (19 - 20) (ii) Voice of the People Party (20) (iii) Individuals (20) III. Contacts with Other Parties (21) IV. Conclusions (22 - 23) Appendix I List of Contacts in Namibia (l - 7) Appendix II List of written communications (l - *»•) Appendix III Itinerary (l - 2) Appendix IV Map (l) Draft Confidential

Madam President,

First of all, allow me to congratulate you on your assumption of the high office of the presidency of the Security Council at the beginning of this month. It is of special significance that you should have the distinction of being the first woman to preside over the Council during its twenty-seven years of existence. Of equal significance is that you should hail from Africa and preside at a period when the Council has been primarily occupied with problems relating to that great continent. It has been a privilege to have had the opportunity of working closely with you during these days and I share with the members of the Council the high regard for the eminent qualities and leadership which you have demonstrated in the discharge of your heavy responsibilities. Members of the Council will recall that in paragraph 4 of its resolution 319 (1972), the Council invited me "in consultation and close cooperation with the Group of the Secrutiy Council established in accordance with resolution 309 (1972), to continue his contacts with all parties concerned, with a view to establishing the necessary conditions so as to enable the people of Namibia, freely and with strict regard to the principles of human equality, to exercise their right to self-determination and independence, in accordance with the Charter of the United Nations". In conformity with paragraph 5 of the same resolution, I appointed Ambassador Alfred Martin Escher of Switzerland to assist me in the discharge of my mandate. As the report indicates, he was able to spend seven weeks in carrying out his task. His report on the results of his contacts with the -2-

parties concerned, including consultations with the people of Namibia, is annexed- typ my report (S/10832), which is now before the Council, At the outset, I should like to say that the report of the representative leaves unanswered or unresolved a number of important issues including a precise clarification by South Africa of its policy of self-determination and independence with regard to Namibia, which continue to pre-occupy the Cc£C £/' "^t<7 minds of mny—delegations-. On the other hand, there are elements in the report, which, as I have stated in paragraph 10 of my report, the Security Council may wish to pursue. I Within the limited time available, the representative was able to make an extensive tour of Namibia and to meet with and obtain the views of a wide cross-section of the population of Namibia. The evidence gathered during these contacts, as summarized in Section II of the representative's report, will, I am sure, be of assistance to the Council^ An account of the attitudes of the various groups with whom the representative met, together with his own general impressions, should be of particular assistance within the context of the objectives of the Security Council. 1 Of special interest by the Representative that the majority of the non-white population of Namibia supported the establishment of a united independent Namibia and that they expected the United Nations to assist them in bringing it about. Y"B5spTte the fact~^hî-Jna«y^>sîi«s--s4ii3pj?e]Bain- te-be- clarif ied,^^ ed-f Jche report of Mr. Escher provides information on certain measures which the Prime Minister of South Africa has said he would undertake. These include (i) the establishment of an Advisory Council for the "Territory as a whole" with the Prime Minister assuming overall responsibility, a *bho prcoont oitâtnnn where~"±fc-4s— f-yagment-ed-Trith- eacfrnpart" administered by

..di££*i »ni. .ii-mm-hi^nt.R r.f -KKQ S!n.,-i-.h-AfT.-^ar -Government; (ii) the removal of -3-

certain restrictions on freedom of movement, and (iii) legitimate political

activity including freedom of speech and holding of meetings. "Altnough iiv

other situations these may not be considered substantial measures for change, viewed against the unfortunate background of the Namibian question, they represent a shift in attitude, howeve7 r minimal i/t may appear/ to be. If these are implementedS in the right spzrits , it wouldr indicate the beginning of a . movement— irr'the proper-directiorrT-

Having made these brief comments on £he report, I should like to refer to some points which appear to have been m^6Ai

According to certain published reports , it is alleged that there has been an agreement between the Prime Minister of South Africa and the representative of the Secretary-General. I should like to state categorically that there has been no such agreement. The representative of the Secretary-

General had no mandate to enter into any agreement with any of the parties and he has not done so. It will be noted from paragraph 13 of the representative's report, that what is contained therein is a record of the substance of the discussion. It is nothing more than a summary recordc of Llib dlsuu I also understand that paragraph 13(e) has been the subject of seme- -^^ The Pr^me Minister stated his belief that experience in self-government was an a&sential element for eventual self-determination, and that this could best, be achieved on a regional basis.

In this connection, the representati/e has emphasized' that such matters could not be considered in isolation /from other* over-riding factors], that the necessary conditions for the exercipe of seli^determinaj/ion had to/be fulfilled and at the sameHdnie-'-an~authori±y- f or. the whole territory established. I also share the concern of many delegations about the possibility of undue delay in the present contacts resulting in any positive movement. In this connection, it is my belief that once the necessary basic understanding is reached, which should not require -a considerable length of time, it should be possible, as suggested by the Group of Three, to identify specific problems

,• in Namibia, to establish 'their priorities and to suggest the necessary measures to overcome them in order to assure the prompt attainment of self- determination and independence by the people of Namibia. Revised Draft (2? Nov.1972)

Madam President, '' ' '•. ~ ' • '- • : • ''•*•.' 1. . First of all, allow me to congratulate-you on your assumption of '~. - : -..*"•',"*' the high office of the presidency of the Security Council at the beginning of this month. It is of special significance that you should have the distinction of being the first woman to preside over the Council during its twenty-seven years of existence. Of equal significance is that you should preside at a period when the Council has been primarily occupied • with problems relating to that great continent.

2. It has been a privilege to have had the opportunity of working closely with you during these days and "I share with the members of the Council the high regard for the eminent qualities and leadership which you have demonstrated in the discharge" of your heavy responsibilities. ,- * 3. Members of the Council will recall that the discussions which led to the adoption in Addis Ababa of resolution 309 (1972) on 4 February 1972 first took place in the Council during its debate on Namibia in October 1971. i', & «• In that resolution, the Secretary-General was ent-rjast^d/wiyi/the^mandate- of • initiating contacts with the parties concerned, ^iae-ludjiLngJrepresentatives^ of the people of Namibia and the Government .of South Africa.

4.. In compliance with my mandate, I initiated the necessary contacts and reported to the. Security Council oh 1? July 1972 (S/1073S). On'the basis of my contacts, I considered that the initiative taken by the Security Council should be continued with the assistance of a representative. ?y resolution 319 (1972) of 1 August 1972, the Council invited me to continue contacts with all parties concerned, "with a view to establishing the necessary conditions so as to enable the people of Namibia, freely and with strict regard to the principles of human equality, to exercise their right to self-determination and independence, in accordance with the Charter of the United Nations."

•/• 5» In conformity with paragraph 5 of the same resolution, I appointed . Ambassador Alfred Martin Escher of Switzerland to assist me in the discharg- e of' my mandate. He vac -able to spendk£- seve- n weeks in carrying out his task-iand-ftis report on the results of his contacts with the . parties concerned,'inoluding ffoiiuullaliuiKr uiLh tihe.-pc.ople • t>f"lhauiL15*j is annexed to my report (S/10832), which is now before the Council. •;.._.-.- • . - - 6. Within the laffli^ad time available,-the representative was able to make an extensive tour of Namibia and to meet with and obtain the views. of a wide cross-section of the population of Namibia. The evidence gathered during these contacts, as summarized in Section II of the .representative's report, will, I am sure, be of assistance to the Council.

7. At the outset, I should like to say that the report of the representative leaves unanswered or unresolved a number of important issues which continue to preoccupy the minds of all of us. Most notable is the . absence of a jas^jse clarification by South Africa ofitepolicy of self- -. . determination j^pd independence with regard to NamibiaÎ/But the report urh rSRnlt. thatârk- has removed any doubts that . might have existed.about the political aspirations of the people of • Namibia. The evidence received by the representative makes clear that the majority of the îon ^hitfy population of Namibia support the establishment of a -united independent Namibia and that they expect the United Nations to assist them in bringing it about.

8. The report of Mr.Escher provides information on certain measures

which the Prime Minister of South Africa has said he would be prepared to - 3 -

consider. These include (i) the establishment of an Advisory Council^ -••••" •"" ~ff~ for the "Territory as a.^whole''*^^ the Prime Minister assuming overall responsibilityi/(ii) the removal of certain restrictions on freedom of Sv hI ] movement,, «yXiii) legitimate political activity including freedom of speech and holding of meetings. *• ' . . - -. .~f • * J»_, ^* . -,. • TJ *a

9. Wnj-leYj&me of Lin i ^iiyiuimii £'^^*mp2**mwu^ptf-«*n*Ar'. represent a

partial shift in attitude on the problem by South Africa in resnnnse to

the efforts of the United Nations, I recognize that ' the MBSHS expectationexectatons o/memerofxmemberss of thee Councilounc.. Othetherr >5ae~aeirfses , _ -*..- c by Prime Minister Vorster would- seem to be in conflict with "the principles which guide the United Nations in dealing with the problem

»• of Namibia and would require further clarification before they could be

10. Having made these brief comments on the report, I should like to refer to some points^ which appear to have been incorrectly thai an agreement-^Setween the Prime Minister of South Africa and th'e representative of the Secretary-General. I should like to emphasize that there has been no such agreement. The representative of the Secretary-General • * .had no mandate to enter into any agreement with any of the parties and

'he has not done so. It will be noted from paragraph 13 of the representa • ' i tive's report,that what is contained therein is a record of the substance

of the discussion. It is nothing more than a summary record.

11. I also understand that paragraph 13 (e) has been the subject of criticism. Let me state here my total support of-the United Nations position tha^tepeop]^>©f^NamibJ,a

12. As I*said at the beginning, the efforts undertaken by the Secretary- General have been at the invitation of the Security Council. I have been - conscious of the sensitive and complex nature of my task and in my efforts

: "'I-have always kept within ,the stricjb terms of my mandate. It was wit-h^ these

considerations in mind that, my representative k

unde 'liis mission^nit froo oan 'ra i ilcurin'ca'tion

+hn r...... inn; uP lnt.n .thntr-hrntnTrf'nriy 'hfrrT ; •" c_ &&•

13. The, two reports v/hich I have submitted to the Council (S/10738 and » S/L0832) provide information on the extensive consultations with . ^?V^3fe ss:-t of: ^.-._the partie- s -^wit-h whom-feKav

Uiere were elements in the report of Ambassador Escher which the Security Council might wish to pursue. I/appreciate that parts of the report have / * • •?=£?—«r~ given rise to objections and misgivings. But there are elements in the

report which should not be overlooked or dismissed. I have in mind the ..-.-•-.- - 5 -

•--••• facilities which were accorded my representative to tour the territory

1. and to hold frank discussions with a wide cross-section of the population

•; •'•* on their political future. This is the first time that the Security -- - • Council has been able to obtain first hand information on the political -"• *T " : - : \.;"" demands of the inhabitants. In this connexion I have taken note of the .^,.;--._,,-,.; assurance of the Prime Minister that no one will be victimized for seeing . •• ;:": - the representative or for any declaration made to him.

1 - . - .;. 15« It will be noted that Prime Minister Vorster has stated his readiness .-"''."••"•"'••-.".-.--.:>.-vr.-. to consider removing certain restrictions on freedom of movement and to . • _ .. -..-.' .permit ^'legitimate political activity including freedom of speech and the ------. -.-•' holding of meetings." One would have hoped for an unequivocal decision •to institute fully these fundamental rights, but it might be useful to ascertain the precise nature-of the proposed measures and their possible ..•"-' « *" * effects on the political life of the territory.

.-•••'•' -...".'-.•• 3-6- I was never optimistic that it would be possible to obtain quick,

; clear-cut i r~n1t ~\ ITI 1inrhftflanilimpmfiL.fj:ini irr'-niTnn"mi|iiiiMil|i|iiiii»inii Most of the

f issues on which positive responses were sought had always been resisted by i the South African Government; so progress on any of them could not be . expected without protracted discussion. Of course, I recognize the desire of the Council for an early and precise answer from the Government of "South Africa to some of the basic questions and I would be the last to agree to any procedure which would permit that Government to'delay a clari- . "-• fication of its position indefinitely. However, I feel that, in spite of the gap that remains between the position of South Africa and that _of the United Nations, the door should not be closed to further c ^

17. In the li^ht of the information contained in thi/Veport and in the " repor* t I submitte/ d to the Council on 1? July 1972, .an/d taking account of V." • ' • - 6 -

some of the pojrfltfs to which I havedpawnabtention, the Council may wish j>er^continue with the otffftacts established under resolution 309 and/ .' <3l9. Should it be the wish of the Security Council for thrs^ exercibs-e to ".••-.•••••-• •.. : . - • . ./ continue it would be necessary fpr'it to consider formulating the necessary guidelines for^fcfie Secretary-General. In this respect the

guidelines alreadXsuggested by the Group of Three could serve as a useful basisC . - - - " . page 2 Conclusions (a) The Working Group was of the opinion that the report of the Secretary-General did not contain the satisfactory answers to the different questions put forward by the United Nations to the South African regime. (b) The Working Group also thinks that the continuation of contacts with the Government of South Africa is untimely and could be harmful to the people of Namibia in the present circumstances to the extent which that Government has not given clear and specific replies with regard to its intention to establishing the necessary conditions so as to enable the people of Namibia, freely and with strict regard to the principles of human equality, to exercise their right to self-determination and independence, in accordance with the Charter of the United Nations. (c) This does not in any way close the door for further contacts, in the~'future should the basis for such contacts arise. In this context, if the African Group agrees with the above-mentioned conclusions it should mandate its representatives in the Security Council to present amendments to any draft resolution* 1T"=>R'a amendments will aim at suspending the current negotiations until the Pretoria regime clarifies its position on paragraph 3 and 4 of resolution 319 (1972) adopted on 1 August 1972 by the Security Council. (d) That position should be brought to the adjrJiotgL group of the Security Council charged with the responsibility of following the implementation of resolution 309. Le Groupe de travail pense (comme le Groupe africain) que le rapport du Representant du Secretaire general ne contient pas de reponses satisfaisantes aux differentes questions posees (par ,les Nations Unies) au regime sud-africain.

Le Groupe de travail pense egalement que la poursuite des contacts avec le regime de Pretoria pourrait etre prejudicable a la cause de la population de la Namibie et, dans ces circonstances, est inopportune. . . ^ay1 (c) This does not in any came/close the door for further contacts in the future, should (the basis) for such contacts arise.

(Text proposed by Ambassador Salim and accepted by the majority of members of the Working Group.) . v SECRETARIAT EXECUTIF DB I/ORGANISATION ifi-^^M^^, \\1 EXECUTIVE SECRETARIAT OF THE ORGANIZATION / DB L'UNITE AFRICAINH AUX NATIONS UNIES YlJX jlj[A OF AFRICAN UNITY TO THE UNITED NATIONS

211 EAST 43RD STREET, NEW YORK, N. Y. 10017 697-8333 No. DOC/259/OUA/72

RAPPORT DU GROUPE DE TRAVAIL 1. Le Groupe de travail constitue a la suite de la reunion du Groupe africain tenue le 20 novembre 1972 et compose des pays suivants:

BURUNDI, COTE D'lVOIRE, EGYPTE, ETHJ££IE, GUIHEE. LIB^IA, MAJ*OC NIGERIA, SOMAWX SOUDAH, TCHAD,TANZANIE, ZAMHE' s*est reuni le mardi 21 novembre pour examiner les differentes propo- sitloaai -qui awnlaajt ^tj£. torrauleas ^u cours de la reunion *Ut JSxex&& af ri-

lo) rejeter 1'idee de la poursuite d^kffjalQgua)entre lea Nations Uni*s et 1'Afrlque du Sud; 2o) atteodre la reaction des autres giwupoa Avant da fairs eoonaS- tre 1'opinion du Groupe africain; 3o) constituer un Groupe de travail, prSpargr un projet de resolution tenant cotnpte du respect de 1'integrite territorials, le droit a 1'autode termination et a 1* independence, et agir en conformite aTtec le* mouvements de liberation nationale; 4o) laisser poucsuivre la mission et ne pas prendre la responsabili- te de 1'interrompre. 2. Au cours de ses deliberations, le Groupe de travail a entendu I ti- tre personnel un Represent ant du SWANUF et la Representante du SWANU,.-: ressortissants de Naaibie et le Reverend Michael Scott* Ces teooignages ont pregente un interet certain pour les membre's du Croupe de travail et les ont aides dans leurs deliberations* 3. Apres avoir examine les merites des propoaitinns et les temoignages des ressortissants namlbiens et du Reverend Scott le Groupe de travail a pense presenter les conclusions suivantes au Groupe africain en espe- rant qu'elles seront accepteea a la luai§re du debat qui a eu lieu le 20 novembre 1972. 4. Conclusions : a) Le Groupe de travail pense comrae le Groupe africain que le rapport du ReprSsentant du Secretaire general ne presents aucun £lament positif et n'apporte aucune reponse aux diffSrenteg questions pesee» par les Na- tions Uniea au regime Sud africain. b) le Groupe de travail pense egalenent qua la continuation du dialogue avec le regime de Pretoria dans les cirConstances actuelles na pourrait qu'ttre nuisible I la cause de la population de Namibia ainsi qu'a celle defendue par les Nations Unies I savoir 1'exercice legitime de 1'autodStermination et de 1'independence conforaenent i la Charte des Nations Unies et a la Resolution 1514 (XV), c) Compte tenu des consequences que peut avoir une position radicals tendant I I'arret pure et simple des negociations engagees par les Na- tions Unies avec 1'Afrique du sud, le Groupe de travail propose au Groupe africain de s'opposer sans fermer completement la porte § la poursuite du dialogue. d) Cette position doit etre portee S la connaissance du Groupe ad aoc du Conseil de seeurite charge de suivre lfapplication de la resolution 309. e) Si le Groupe africain donne son accord I cette conclusion 11 doit roandater ses Representants au Conseil de seeurite pour presenter des amandenents a tout pro jet de resolution qui sera presents. Ces amen— dements auront pour but de demander la suspension des negociation* en cours jusqu'au moment ou le regime de Fretocia clarifiera sa position sur le -paragraph* 4 da la Beoolutioa 319 (1^25 adopiaft le 1 wxJt 1972 par JLa Conseil de f . I —-

FI3AI,T2ST / (CCBFIDSiTIAL)

1. Taking into account tho debate that took plac* in the Security Council en the report of tho Secretary-General^ say consul tat ions with the Creep ef Hire* a* veH as tin Aid* MeadLre, I asked the Priao Sinister for a, v"\ irrd ffttrfrion of M* Cowraent *s poli^r of sel£~ determination and indcp«ndenc« witli regard t« Kwnibi* (Sooth West Africa}*.

Pria> Ittniatgr iadie«t«i that, apart froB nfe«t J» bad toGLdt th» S«cr»taiy-C«a«ral in Xareh 1972 -» in hi* fiaar this T*as not •"-^r-. •-:-.-_•- -*^_ ^ .. ..;,- ~\ .. • - - - , -•=• - •_...••;.- L" . . •• .:- » ata£» to gs into » detailed diseosaico of th« int«rpr«tation of »«L&d«t«nBiiaticB aad iadep«ndenc» — this could t» doa* with better rssvltv one* tba aaeanaarj conditions ar* established aad th« storv j»* j» t yi< *trytiTy arrt political

la the light of this r«pl7, and eonsiderix^ that th« aasdate of the ccajtiaua his contacts *ith *1\ p«rtie* with a visw to satablisMjTg tho nec«»sarj conditions so as to eaabl* tho peqplo of Ssad&da* frt»ly aad vith strict regard to th« pjdjscdple* of

busan

Prfmo Jttaist«r b«liOT«d that eip«rienc« in Sfelf-sorerasent i«a« an

o» element for erentxml salf-detezadaatioa. Bearing in adnd c±rctBBstaac«s ho f«lt that this could best be achieved oa a regional basis.

Foofcaptot Ref«reneo to Secretarj^3«neralfs report*

* * *• + »/ * *-•>• 5. TCiis oaoaad to a« acc*ptabl» In principle provided thai tho necessary conditi cos for tho exereiao of self-determination vero and at tho a*a* time aa authority for tho vfaolo territory would bo ostabli»hod,«

T5» Priao l&aistor said ho would b» pr^parwl to wtakllsh an "~ •""-''*-•.• " " advisory eeaae£L detoot from repr«««ntatlT«» of t&* rarLous regicaw,,

fear tJ» t^nritory «* a iAol« — i*o» distinct fro* tb«

7*- i StiS^O flBSQA3P9Q^tflfrff^pflU * frn^ vQY^STXBUBSw yOOJLtt OOBByl^fl^f (09 ftfrO^I jL& i* flB

freedoa of awegaat and £reedoa of spaced, iDClodiiJs th» right to bedd

3. tDu> Priao Sixdstar st«t«i that to a lars* ectw*t csrbo on fraodoa

of gerement vero &ac«08±t«t«ct by tb« a»ed to «ocareda« jnflnx ecstroXr vhidi ««a in tlto iat«r«Bt of all iufeabitaasta ia t2u» torritory* Ho would *no«rfT« tfc* poeaiMllty of renoving restrictions without iapairing

9, B» Priao K1ni,«tffr ferthor iadicat«d that ho *•» la agreement that *rv^r^ {U&oQjjQ 00 j^Mfjjjjmj^^ poi jlyjliffffit ffl^t"jLvJLT3T -usciuojijx^. £3T94ocaV oJt spoeeb aad tho h»3 riling of aectii^s* - .

10. Within tho fnouMoxfc of tho above it is fait that tho contacts betnocB tho Soerot«ry-&eBeral and tho Seoth African Goremnmt should '

(This paragraph to go in tho appropriato part of tho report) 'ROUTING SLIP FICHE DE TRANSMISSION The Secretary-General

FOR ACTION POUR SUITE A DONNER FOR APPROVAL POUR APPROBATION ; FOR SIGNATURE POUR SIGNATURE • PREPARE DRAFT PROJET A REDIGER \ FOR COMMENTS POUR OBSERVATIONS i ! v MAY WE CONFER? POURRIONS-NOUS EN PARLER? 5 YOUR ATTENTION VOTRE ATTENTION ! AS DISCUSSED COMME CONVENU AS REQUESTED : SUITE A VOTRE DEMANDS NOTE AND FILE NOTER ET CLASSER ' NOTE AND RETURN NOTER ET RETOURNER FOR INFORMATION POUR INFORMATION

Attached is a first draft for the Secretary-General's report to the Security Council, which/OAave'attempted, Dr. Esa ir his draft.

Date: FROM: 12 Nov. 1972 M. E.~"uhacko

CR. 13 FIHST DRAFT C/ll.11.1972

REPORT BT THE SECRETARY-GENERAL ON THE IMPLEMENTATION OF SECURITY COUNCIL RESOLUTION 319(1972) CONCERNING THE QUESTION OF NAMIBIA

J-. At its .1656th and l65?th meetings held on 31 July and 1 August 1972,

-the Security Council considered my report on the implementation of

Security Council resolution 309 (1972) concerning the question of Namibia. \

At.its 1657th meeting, the Security Council adopted resolution 319(1972),

rthe text of which reads as follows:

The Security Council, - . •

Recalling its resolution 309 (1972) of k February 1972, and without prejudice -±.0 other resolutions adopted on the question of Namibia,

Having considered the report submitted by the Secretary-General in -accordance with resolution 309 (1972) (S/10738),

1. Notes with., appreciation the efforts made by the Secretary-General in the implementation of resolution 309 (1972);

2. Reaffirms the inalienable and imprescriptible right of the people of -ifamibia to self-determination and independence;

3. 'Reaffirms also the national unity and the territorial integrity of JUamibia;

k. Invites the Secretary-General, in consultation and close-co-operation tsdth the Group of the Security Council established in accordance with resolution 309 (1972), to continue his contacts with all parties concerned, with a view to •establishing the necessary conditions so as to enable the people of Namibia, freely and with strict regard to the principles of human equality, to exercise •their right to self-determination and independence, in accordance with the Charter aof the United Nations ; -

5. Approves the proposal' of the Secretary-General to proceed, after necessary consultations, with the appointment of a representative to assist him in ±he discharge of his mandate as set out in paragraph k above;

6. Requests the Secretary-General to keep the Security Council informed as appropriate and in any case to report to it on the implementation of resolution 309 (1972) and of this resolution by 15 November 1972. - 2 -

2. In accordance with paragraph yof Security, Counci^L jj^^glution

.MzMLLfred Martin Escherras my raapresentatzve to assist me in the discharge of my mandate as set out in paragraph 5 of the resolution.

3. Immediately after his arrival in New York I instructed Mr.Escher ' * • • onH-S task as representative of the Secretary-General for Namibia. I explained to tvim the background leading to the adoption of Security Council resolution 319(1972) and provided frim with the relevant papers sind documents. I also made available to him a copy of the Aide Memoirs submitted to me on 26 September 1972 by the Group of the Security Council established in accordance with resolution 309(1972), the text of which is reproduced in Annex .

4. I also assigned the following members of the Secretariat to assist the representative of the Secretary-General:

Mr. M.E. Chacko, Director and Deputy to the Under- Secretary-General for Political and Security Council Affairs; Mr. H. Noel, Senior Officer, Department of Political and Security Council Affairs; Mr. M.Pedanou, First Officer, Executive Office of the Secretary-General; Miss B. Mallinson, Secretary. 5. Following consultations in New York, the Representative of the Secretary-General and his party visited South Africa and Namibia from S^October to 3 November 1972. 6. On 6 November, following its return to New York, the Mission reported to me orally on the results of the contacts made by it in the course of the visit to South Africa and Namibia. - 3 -

7. Subsequently, I met with the following parties>V antd informe2~Mukd the_m of what the Mission had reported to me orally. Tho Roproo-cntativo of- rirnTHral- and other members of the Mission also took part

in these meetings: (i) Group of the Security Council established ±fi accordance with resolution 309(1972) composed of liJcW&a^Carlos Ortiz de Rozas of Argentina, H^fiJ^fe,Hussein Nur Kim, of Somalia, H^j£ffB»-Iazar Mojsov of Yugoslavia;

(ii) The President of the Security Council, Rj£ Madame Jeanne Martin Cisse of Guinea; *^/C\>*> of Morocco (iii) H

(vii) IJ/E. ]M Carlos Ortiz de Rozas of Argentina, Chairman ~ of the Ad-Hoc Sub-Committee on Namibia.

8. I OnQL November, the Representative of the Secretary-General submitted to me his written report, which is reproduced in Annex .

9. It will be noted from Section of the report of the^Representative of'the Secretary-General that in the course of its guefroaHCaay tour of Namibia, his Mission had the opportunity to meet with in private and to obtain the views of a wide cross-section of the population concerning the future of their country. I have found this information very useful in j.-L>ai|

- 4 -

^ connexion with the mandate entrusted to me by the Security Council. ^ I believe that this will also be of assistance to the Security Council j in considering the future course of action. . --

l 10, In Section _ , paragraph _ of his report, the Representative of / ' the Secretary-General has expressed his feeling that the contacts between

the Secretary-General and the South African Government should be continued.

/~Add comments or recommendations, if any. by the Secretary-General/ I-V. CONCLUSION

1.. When I arrived in New York on 28 September 1972 and assumed the task entrusted to me by the. Secretary-General as his Representative for Namibia, .my first concern was to organize my work in. such a way as to be able to report to the Secretary-General before 15 November. C rv HLA/T' (j\ l\ id / f~? / A >- -Gonnexion_I^g|:§D had to include i»-ffly—programme a visit to Namibia in order to meet with and hear the views of as many Namibians as possible.

2. In Section II of this report, I have given an account of the views expressed to me by groups and individuals during my visit to Namibia. I am.glad to note that I was able to visit many parts of the Territory and to meet in private with a wide, cross-section of the population. The views " expressed to me by representatives of political organizations, other groups as well as by individuals in Namibia have been very valuable to me in the performance of my task. I believe that the Secretary-General will find this information useful 'and I hope it will also be of assistance to the Security Council in its consideration of the question of Namibia.

3. I have given an account of my discussions >ath the Government of South Africa in Section I of this report. W&if^^/^T2-^5.e my discussion4 s with the Prime Minister of South Africa have not resulted in clarifying/ issues/inyolTfect, I believe that what has been agreed to by the Prims Minister represents some progress in the direction of achieving the objective of the Security Council as laid down in paragraph 4 of its resolution 319(1972).

4. As to the interpretation of the South African Government's policy of self-determination and independence with regard to Namibia, the Prime Minister felt that it was not the appropriate stage to go into a detailed discussion of that question. He felt that this could be done with better

results once the necessary conditions are established and the inhabitants have had more administrative and political experience. The Prime Minister's acceptance of the need to establish necessary conditions appears to 'be in line with the objective of the Security Council. . _ . . —]. _ . ,. . 5. *Aa~Lu the aduU-tiiSli'atlVe "ami po!LiLiitil''uApu.3-cua<»y >yththee PriPrimi e Minister

X believed that experience in se^r-goyerjBiientywas an essential element for eventual self-deterndjiaticQa^nd/could bestJae ac||u.eyed on a regional basis. However, when I is&^&ed ±b tihr nrmir •Hi/'^ihnf1' an authority for the whple Territory would have to be established, he agreed to certain measures involving the "Territory as a whole". This would appear to be in line with the aim of maintaining the unity of Namibia.

6. The Prime Minister's promise to examine the possibility of removing restrictions .on freedom of movement, although limited by considerations T-% t m/ ^Sft A V 1 4V A M regarding control over large-sclae movement^i/is9aTCir"6r employment^ and his agreement with regard to legitimate political activity including freedom of speech and the holding of meetings are, in my view positive elements in the direction of creation of conditions for the exercise of self-determination. 7. Taking into account the readiness of the South African Government to continue the contacts initiated by the Secretary-General pursuant to resolution 309(1972) and in view of the positive elements that emerged from my discussions with the Prime Minister as noted above, I feel that the contacts between the Secretary-General and the South African Government as well as the other parties concerned should be continued.

8. It is my belief that should the Security Council decide in favour of continuing the contacts, it would be possible for the Representative of .f It

the Secretary-General, in the course of his further contacts, not 'only to bring up questions in connexion with fulfilment of the points agreed upon, but also to pursue questions which oould not be brought to a conclusion as yet. \

IH. CCSiTACTS W11S OIKES PARTIES

!• Prior to ay departure on 5 October, on sgr •visit to Sooth Africa sad KasdM-a, X bad the opportunity to Beet in Sew Tork tdtb * wraber Wf of presiding^ officers sod Eesabere of various United Nations bodies.

2* Co 2 October, 1 attended * meeting of tho Croup of the Security Council composed of AE&assador Carl^i Ortix de Etazas of Argentina, Ambassador Abdulrshia Abtgr Farah of Scesalia and Adjasaador lessar of Yugoslavia, the noetlog was called ty the Secretary-Ccroeral, also attended it* fho zasE&era of the GrotEp coqpleii^d tJ» position of the S^nrltj Council «ith regard to the caudate eotrosted ly it to the Secretaiy-Geaoeral. Th^ also drew ^r attrition to the aids-ssltsoire aitted by the (^oi^> to the S^retary-G««srBl on £6 Septes&er dealing in particular with the teak of the Representative of the

,t idth particqlar refereaee to the task ectn^ted to BO by the

(1) ^aassador Umi* de Goiringsxtci* President of the

./ ;'

African Cnity (QAB)t accompanied by Ambassador Kazaadon Koctar IMaa, SsectEtive Secretary of the OAU at the toited Bationsj (iii) Aaibaasador Salim A, SaOim of Xan^nia, ChairEan of the Special Coccdttee on the Sitt-.tioo with regard to the Iffiple&g8tation of the Declaration on the Granting of Independence to Colonial Countries and Peoples* 4 - * -

4. On 5 October, at the imitation of the President of the United Nation* Council for Namibia, X attended a closed meeting ef that Council. The exchange of views with the Council provided me with the opportunity to be informed of the views of the Council in regard to this question.

5* The information and advice X received at all of the meetings mentioned above have been of great assistance to me in connexion with my task and X wish to express my thanks to p*\ concerned for receiving me.

6* On 6 November, following my return to New York from my visit to South Africa and Namibia, X reported to the Secretary-General oraUy on the results of my contacts. Subsequently, the Secretary-General called meetings of various parties concerned, in which X and the members of my Mission participated. I. CONTACTS WITH THE GOVERNMENT OF SOUTH AFRICA

1. On 2 October. 1972, I had a meeting with Ambassador Carl F.G. von Hirschberg, Permanent Representative of South Africa to the United Nations. The following day, accompanied by Mr.Chacko, I met with Dr.Hilgard Muller, Minister for Foreign Affairs of South Africa, who was then in New York to attend the twenty-seventh session of the General Assembly. The Minister for Foreign Affairs was accompanied by the Permanent Representative of South Africa sxtisflr.J.'D. Vial and Mr. A.L. >> Hattingh of the Department of Foreign Affairs. The discussions at these meetings were of a preliminary character and were devoted mainly to arrangements for my visit to South Africa and Namibia to take place as •soon as possible so that I would be able to return to New York in time i to report to the Secretary-General before 15 .November 1972. 2. I arrived in Pretoria, accompanied by the other members of my Mission, at 3 p.m., on Sunday, 8 October. ' 3. On Monday, 9 October, the Mission held two meetings with Mr. Brand Fourie, Secretary-General of the Department of Foreign Affairs, at which the programme of the visit to Namibia was discussed. In the course of the discussion, I suggested certain changes in the tentative programme which had been prepared by the ^ South African Government. Mr. Fourie agreed to consider the proposed changes^ in the programme in consultation with the officials concerned with practical arrangements. I also presented a list of persons, including prominent leaders, churchmen and representatives of Namibian political organizations, who I considered should be among those contacted during my travel to Namibia. It was agreed that the South African Government would make every effort to assist me in meeting with those who were included in my

list. 4. Tuesday, .10 October being a holiday in South Africa, the first meeting of the Mission with the Prime Minister, Mr. John Vorster, at which the Minister - 2 -

for Foreign Affairs, the Secretary-General of the Department of Foreign • Affairs and Mr. D. Tothill of the Department of Foreign Affairs were also present, took place on Wednesday, 11 October at 3 p.Jn. The Prime Minister welcomed the Mission and stated that he looked forward to taking the discussion further from the point where it was left with the Secretary- General of the United Nations, 5. I then drew attention to the terms of reference of my mission, as follows: . . .

"Your Excellency will recall that the Report of the Secretary- General on his contacts with the Government of South Africa and the - other parties concerned pursuant to Security Council resolution 309 (1972) of 4 February 1972 was discussed by the Council at its - • meetings on 31 July and 1 August 1972. Following the discussion, the Council adopted resolution 319 (1972) of 1 August 1972. In paragraph 4 of that resolution the Security Council invited the Secretary-General 'in consultation and close co-operation with the Group of the Security Council established in accordance with resolution 309 (1972), to continue his contacts with all parties concerned, with a view to establishing the necessary conditions so as to enable the people of Namibia, freely and with strict regard to the principles of human equality, to exercise their right to self-determination and independence, in accordance with the Charter of the United Nations;1 "In paragraph 5 of the same resolution, the Security Council approved the proposal of the Secretary-General to proceed, after necessary consultations, with the appointment of a representative to assist him in the discharge of his mandate as set out in paragraph 4 abovej» "Following consultations with your Government and with the other parties concerned, the Secretary-General, on 25 September 1972, . announced my appointment as his representative, in accordance with resolution 319 (1972) of the Security Council to which I have referred. "In this connexion, I wish also to recall the three points dealing with the terms of reference of the representative of the Secretary-General, which emerged as a result of the discussions between the Foreign Minister of South Africa and the Secretary-General held in New York in May 1972, and which are reproduced in paragraph 21 of the Secretary-General's Report to the Security Council contained in document S/10738. With your permission, I would like to quote the three points from the Report: • -3- UIA. The task of the representative of the Secretary-General . wall be to assist in achieving the aim of self-determination . ' and independence and to study all questions relevant thereto. 'B. In carrying out his task, the representative may make recommendations to the Secretary-General, and, in consultation with the latter, to the South African Government. In so doing he should assist in overcoming any points of difference. 'C. The South African Government will co-operate in the discharge of the representative's task by providing him the requisite facilities to go to South Africa and to Namibia as necessary and to meet all sections of the population of Namibia.T "As you are already aware, under the terms of paragraph 6 of resolution 319 (1972), the Secretary-General is required to report on the matter to the Security Council by 15 November 1972. "I appreciate the confidence granted to me by the Secretary-General of the United Nations, the Government of South Africa and all the other parties concerned. I am equally aware of the difficulties of my task. ' "May I assure Your Excellency that I shall spare no effort in the discharge of the mandate entrusted to me as Representative of the Secretary-General for Namibia. "I feel sure that I can rely on the full co-operation of your Government in the performance of my task, and shall be grateful to get acquainted with your views as to how we should go ahead." i • ' In the course of the discussion that followed, I explained the position of the United Nations and, "in particular, it's position with regard to the national unity and territorial integrity of Namibia. The Prime Minister stated that his Government's policy was to prepare the inhabitants of the Territory for and to lead them on the way to independence and self-determination. Once there would be a fully representative view among the inhabitants, both South Africa and the United Nations would have to take cognizance of that view. He could not agree to force the inhabitants to adopt a system of government which they did not want. - 4 - I pointed out that the objective of the Secretary-General's contacts was to enable the people of Namibia freely and with strict regard to the principles of human equality to exercise their right to self- determination and independence. In that respect the Territory ,had to be taken as a whole and not in separate parts. It was agreed that discussion of specific matters should take place after my return to Pretoria from Namibia. 7* The Prime Minister also informed me that the changes in the programme of the visit to Namibia which 1 had proposed had been accepted and that necesss travel and accomodation arrangements would be made accordingly. He informed me that I would be free to go anywhere and to see anybody in the Territory, as I pleased. In this connexion, I drew the Prime Minister's attention to certain reports which had appeared in the Press, according to which some Namibians who had met with the Secretary-General in March 1972 had been victimized by the local authorities. At my request the Prime Minister gave me the assurance that nobody would be victimized for coming to aee me or for any declarations made to me» He also authorized me to communicate his assurance to anyone who might express any fear in this respect

&. The Mission returned to Pretoria from the visit to Namibia at 6.30 p.m., on Saturday, 28 October. At 2.30 p.m., on Monday, 30 October, I met with the Prime Minister, at which time the Minister for Foreign Affairs was also present. 9. I informed the Prime Minister of the impressions I had gained during my visit to Namibia. During my seventeen-day trip, I had been able to travel to and see many parts of the Territory and to meet with and ascertain the views of a wide cross-section of the population. ^Jhile it had n^t. v^^n p"F.s1> extent of_poga3tac^ support, for t.hp. vj.pfw^ p.Tepj^es&ad to me.,-

10. Further meetings with the Prime Minister took place on 31 October and 1 and 2 November. These meetings were attended on the South African side by Dr.Muller and Mr.Fourie, and on my side by Mr.Chacko.

11. The discussions were largely based on three main points which I brought up. These were: (i) complete and unequivocal clarification of South Africa's policy of self-determination and independence for Namibiaj (ii) discontinuance of the application of the policy of separate development or "homelands"; and (iii) abolition of all discriminatory measures and the establishment of equality for all Namibians. In discussing these points, I stressed the firm stand of the United Nations with regard to the national unity and territorial integrity of Namibia. I also stressed the need for a reversal of the "homelands" policy and the creation of a central government for the Territory as a whole. I pointed out that in order to establish the necessary conditions for the exercise of self-determination and independence, it was necessary in the first place to abolish all existing discriminatory measures and to ensure full freedom of political activity.

12. The Prime Minister reaffirmed the willingness and desire of his Government to continue the contacts initiated by the Secretary-General with a view to exploring all possible avenues for an agreed solution acceptable to the inhabitants of the Territory. He felt, however, that it would be unrealistic to expect agreement on the various issues involved - 6 - in a matter of days or weeks. He stressed that I he had to take the views of his own people into account(in taking decisions concerning the Territory.7^

* 13. At the final meeting on 2 November, it was agreed that the substance of the discussions should be recorded as follows:

(i) Taking into account the debate that took place in the Security Council on the report of the Secretary-General, my consultations with the Group of Three as well as the aide-memoire, I asked the Prime Minister for a clarification of his Government's policy of self-determination and independence with regard to Namibia; (ii) The Prime Minister indicated that, apart from what he had already told the Secretary-General in March 1972,1/ in his view this was not the appropriate stage to go into a detailed discussion of the interpretation of self-determination and independence - this could be done with better results once the necessary conditions are established and the inhabitants have had more administrative and political experience.

(iii) In the light of this reply, and considering that the mandate of the Secretary-General was "to continue his contacts with all parties concerned, with a view to establishing the necessary conditions so as to enable the people.of Namibia, freely and with strict regard to the principles of human equality, to exercise their right to self-determination and independence, in accordance with the Charter of the United Nations", I enquired whether we could discuss practical steps leading to the exercise of self-determination. (iv) The Prime Minister believed that experience in self-government was an essential element for eventual self-determination. Bearing in mind the circumstances he felt that this could best be achieved on a regional basis.

(v) This seemed to me acceptable in principle provided that the necessary conditions for the exercise of self-determination were fulfilled, and at the same time an authority for the whole territory would be established.

(vi) The Prime Minister said he would be prepared to establish an advisory council drawn from representatives of the various regions, regional governments or authorities, and • he would assume overall responsibility for the territory as a whole - i.e. distinct from the Ministries now responsible for different sectors.

I/ See Report of the Secretary-General, S/10738, paragraphs 12, 14 and 16(1). I - 7 -

(vii) I also enquired whether the Government would consider the abolition of restrictive legislation including the existing limitations on the freedom of movement and freedom of speech, including the right to hold meetings.

(viii) The Prime Minister stated that to a large extent curbs on freedom of movement were necessitated by the need to exercise influx control, which was in the interest of all inhabitants in the territory. He would examine the possibility of removing restrictions without impairing influx control. (ix) The Prime Minister further indicated that he was in agreement that there should be legitimate political activity including freedom of speech and the holding of meetings. REPORT (ED THE SECRETAHT-GEKERAL BT WE REPBESHJTATITO OF THE SBCRETARJ-GHJERAL FOR NAMIBIA

IliTRODUGTIOS

1. On 24 September 1972, the Secretary-General appointed me as hi» Representative for fiamibia in accordance with the terms of Security Council resolution 319(1972)*

2. Jsaediately after «y arrival in Sew lork on 28 September 1972, the Secretary-General instructed me concerning ay task and provided me vdth the relevant documentation. He drew my particular attention to Security Council resolution 309(1972), the report of the Secretary-General on the implementation of resolution 309(1972) contained in document S/10738 and Security Council resolution 319(1972)* She Secretary-General also provided me with a copy of the aide-memoire submitted to hia on 26 September 1972, by the Group of the Security Council established in accordance with resolution 309(1972).

3. Daring my stay in New lork until 5 October, I had the opportunity to meet with a number of presiding officers and members of various united nations bodies concerned with the question of Namibia.*/

4* During the same period, I also met with Dr.Hilgard Kuller, Minister for Foreign Affairs of South Africa, who was then in Sew York to attend the twenty-seventh session of the General Assembly and Ambassador Carl F.6. von Rirschberg, Pexi&anent Representative of South Africa to the United Rations.^

I/ See para. « 2/ See para. . _• 7

5* On 3 October, I had a Eoetlng *dth Mr* 8* Curiab, represectetlw of the South V-"oat Africa People's Organisation (SWAPO), at M» request. Hr* Curiab informed Be of the wish of Mr.San Uujosa, Presld^Tof th«

@£APOt to Beet %>Hii ae csn cy tsay to Sooth Africa*

6* 2 left for fionth Africa, and tfaudbi*. on the evenlic of 5 October. QQ 7 October, «M1« la Cteaeva on cy «ay to South /f rlca, X met with !tr. Sss ^oea^ President of the Sij'APO. On the seose day, X had a e^etixsg is Geneva idth Dr.Andro Appal end Or* Carl BeHbcg of the tvtheran at their request .^/

7* 1 visited South Africa and Kanitda frca 8 October to 3 Bbrcdber Igr tha four lata^re of the Secsretariat tsbaa the CeDeral fcad designated to aeslat no. K« returned to ftai Toiit

8. &xt aecotmt of the visit to Sooth Africa and Basibi& and the 'with th« parties eeoceraod in parsuaaaco of the taais ecEtrosted to me the Secrctazy-General is glvaa in the follosdng eectieaw of thia report*

See pare.. FINAL TEXT

1. Taking into account the debate that took pTace irT"The

Security Council on the report of the Secretary General, my

consultations with the Group of Three as well as the Aide

Memoire, I asked the Prime Minister for a clarification of

his Government's policy of self-determination and indepen=

dence \\rith regard to Namibia (South Vest Africa). *•

* 2. The Prime Minister indicated that, apart from what he

\~~^ had already told the Secretary Genera' l in March 1972,K in

his view this was not the appropriate stage to go into a de=

tailed discussion of the interpretation of self-determination '

and independence - this could be done with better results

A 1| once the necessary conditions ctre established and the inhabi = ij " ' H tants have had more administrative and political experience.

3« In the light of this reply, and considering that the

mandate of the Secretary General was "to continue his contacts

^--. with all parties concerned, with a view to establishing the fc* necessary conditions so as to enable the people of Namibia,

freely and with strict regard to the principles of human

equality, to exorcise their ri^ght to self determination and

independence, in accordance with the charter 0o1f rnthe uniteUnited

Nations", I enquired whether we could discuss/practicai /practical steps / (^ _-^HL./ leading to the exercise of self-determination.

4. The Prime Minister believed that experience in self-

governr.icnt was an essential element f or I eventual [self-

determination. Bearing in mind the circumstances he felt

that this could best be achieved on a regional basis.

•')//•J Footnote: K r?^-r«T-r.nor> •*•*-. c:^~~~+- "2. —— - —

5. This seemed to me acceptable in principle provided that

the necessary conditions for the exercise of self-determination'

were fulfilled, and at the same time an authority for the whole

territory would be established.

6. . The Prime Minister said he would be prepared to establish

an advisory-council drawn from representatives of the various

regions, regional governments or authorities, and he would

assume overall responsibility for the territory as a- whole -

i.e. distinct from the Ministries now responsible for different

sectors. •» f

f 7- I also enquired whether the Government would consider the

abolition of restrictive legislation including the existing

x limitations on- the freedom of.movement and freedom of speech,

including the right to hold meetings.

* 8. The Prime Minister stated that to a large extent curbs oh c freedom of movement were necessitated by the need to exercise influx control, which was in the interest of all inhabitcints • in the territory. He would examine the possibility of removing ? -^ ~^ restrictions without impairing influx control.

9. The Prime Minister further indicated that he was in

agreement that there should be' political activ,

including freedom of speech and the holding of meetings.

10. Within the framework of the above it is felt that the

contacts between the Secretary General and the South African

Government should be continued. '

(This paragraph to go in the appropriate part of the report). >l