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REPORT OF THE UNITED NATIONS COUNCIL FOR NAl\1IBIA

VOLUME 1

GENERAL ASSEMBLV

'OFFIGIAL RECORDS: TWENTY-NINTH SESSION

SUPPLEMENT No. 24 IA/96'241)

¡ :1 ,í í" \

UNITED NATIONS

p. ) REPORT OF THE

I UNITED NATIONS COUNCIL \ ¡ , FOR ,

VOLUME 1 '1 ¡,

GENERAL ASSEMBLV

OFFICIAL RECORDS: TWENTY-NINTH SESSION SUPPLEMENT No. 24 (A/9624)

UNITED NATIONS New York, 1974 I 'J I' LETTER O)

INTRODUC~

PART ONE NOTE l. POL: Symbols of United Nations documents are composed of capitalletters combined with figures. Mention of such a symbol indicates a reference to a United Nations documento A.

The present volume contains the report of the United Nations Council for Namibia I'j B. covering the period from 2S September 1973 to 16 August 1974. Annexes 1to VII to the i! report appear in volume 11. An addendum to the report, covering the period from 17 August to 11 October 1974, appears inSupplement No. 24A (A/9624/Add.l). C.

11. ACT: CON: A. B. c. 111. LEG A. B.

PART TWO

l. EXPI PRE A. B. C. D. LOrigin~l: Eng1ish7 A~ I :'; II. 11 l.! t CONTENTS I ~{ A. "1 I Pr.rarrephs Pare f 1 B. vi LETTER OF TRANSMITTAL • • • • •• •• ••• • •• •• • • · ...... • • • C.

INTRODUCTION ...... ~ . . • • • • 1 - 6 1 III. AC PART ONE: SITUATION IN NAMIBIA '1 A. 1. POLITICAL DEVELOPMENTS •• • • •• •• • • •• 7 98 2 · . · .. 1 B. A. General political situation •.•.•.••.•• o 7 - 16 2 B. Measures of repression tmdertaken by the illegal C. South African occupation régime •••.•••••. 17 - 54 4 D. C. Resistance of people ••••.•••• 55 - 98 10

11. ACTIVITIES OF FOREIGN ECONOMIC INTERESTS AND ECONOMIC 13i~ CONDITIONS OF NAMIBIANS •.••...••••••• •• 99 .• 17 E.

IV. AC A. Foreign investment in Namibia •• •• • · •• • • • 104 17 B. Exploitation of Na.rn:i.bian resources by foreign- A. owned companies • • • • • • ••• • • • • • • 105 - 123 20 · · · B. c. Economic conditions of Namibians • • 124 ~ 134 23 • " · • ••• 111. LEGISLATION AS AN INSTRUMENT OF OPPRESSION .. . . • • • • 135 155 26 v. AC A. Attempts to integrate Namibia into •• 136 152 26 A. B. Other legislation ••..••. ~ ••••. " . · . 153 - 155 29 B. PART TWO: AGrIVITIBS OF THE UNITED NATIONS COUNCIL FOR PART THR NAMIBIA l. ca

II. AD FU III. RE AS

-iii- CONTEW11S (cont.í.nued ) , : jI Puro.graphs Page ¡j) ') ~¡ II. A8S18TANCE TO N.MJIlBI ANS 173 35 I • •• - 195 , f.r'1 • • • •• • ••• •• • s , '; , W~ ,\ A. Education, traininr. and the United Nations Fund l. 011 '~'t , "1 i for Namibia • • • • •• • •• ••• • • • • • 173 185 35 • /! • · - E. Trave1 and identity documents 186 II. RE • • ••• • • • • • - 190 37 U1'1 (. ' C. Participation of the Nomibian peop1e in the work

¡ j.,'¡ of the Council • • • • • · •• • • · • • • • •• 191 - 195 38 III. se ,:1 15 ·,i. III. ACTION THRCTJGH MEMBER STATES • •• • • • • • 196 - 236 39 'l· · · I , IV. pe ~I A. Action to ensure comp1iance of Member States with ; AF ¡, United Nations reso1utions · • • • · • • • •• • 196 198 39 E. Action concerning the activities of foreign V. RIJ economic interests in Namibia •• • • • • · • • • 199 - 211 39 f VI. RE {" C. Consultations with Member States •• •• 11 ••• 212 41 ~\ TC D. Representation of Namibian interests in the specialized agencies, internationa1 organizations VII. FC and conferences · ·· • • ••• • .. • · •• • 213 - 228 )~1 E. Dissemination of information ·· · ··· · · •• 229 236 44 IV. ACTION IN UNlTED NATlONS ORGANS · • ·· · · • • · • · 2~( - 242 46 A. Requests to the Security Counci1 for action ·· ~ 237 - 238 46 E. Representatií.on of Namibia in United Nations 21~2 organs • •• •• •••• · • • · ·· · ••• · • 239 - 46 V. ACTION THROUGH OTHER BODIES · • · • • ··· · · · •• 243 - 250 48

A. Direct participation of the Counci1 ••••• • • 243 244 48

@ B. lndirect inf1uence of the Counci1 • 245 - 250 48 ['¡~:\ ·· · · · ··

~-~',-~~ CONCLUSlONS, FUTURE WORK AND RECOMMENDATlONS ,,' - PART THREE: I~ '~ l. CONCLUSIONS • • •• • · •• · • • • •• • 251 - 259 50 ,~ ··· · ·· ~l II. ADMINISTRATIVE AND FINANCIAL IMPLlCATIONS OF THE FUTURE PROGRAMME OF WORK O~' THE COUNCIL · • • • ·· • 260 - 264 52 1, I III. RECOMMENDATION8 AND PROPOSALS FOR THE GENERAL '1 ASSEMBLY • • ••• · · • • · ••• • • ••• • · •• 265 - 268 53 :1 ~il r

-iv- !11---=I-.-..c' ...... '!!!!iii! ......

I,IT

ANNEXES

l. ORGANIZATION OF THE WORK OF THE UNITED NATIONS COUNCIL FOR NAMIBIA ) ) II. REPLIES FROM GOVERNMENTS TO THE QUESTIONNAIRE ON COMPLIANCE WITH ) UNITED NATIONS RESOLUTIONS AND DECISIONS ) Sir, ) III. SOUTH AFRICAN LEGISLATION PURPORTEDLY APPLIED TO NAMIBIA IN ) 1973 AND 1974 ) Councc ) This J

IV. POLITICAL PRISONERS FROM NAMIBIA ILLEGALLY HELD BY THE SOUTH ) See • l. I , AFRICAN OCCUPATION REGIMn ) Vol. II .I ) r-eques V. REPLIES FROM GOVF.Rl~ENTS CONCERNING TRAVEL AND IDENTITY DOCUMENTS ) twent~ ) VI. REPORT ON THE MISS ION OF THE UNITED NATIONS COUNCIL FOR NAMIBIA ) J TO EUROPE AND AFRICA ) ) VII. FOREIGN COMPANIES OPERATING IN NAMIBIA )

His E: Mr. Ki Secr-e New YI

-v-

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LETTER OF TRANSMIfTAL

,j 16 August 1974 '1 Sir, ! ~l., l. I: "J ¡ j. \i South . I have the honour to transmit herewith the ninth report of the Un1tüd Nations of the t,.l.'; pursu~nt Gene~a1 221~8 Counci1 for Namibia to section V of Assembly reso1ution (S-V). became This report was adopted by the Council at its 206th meeting, on 16 Augu~t 1974. ~ United i,'....•• .. ,.:II.1 l', ¡ ,¡ In accordance with the terms of the said resolution, I have the honour to , ' 2 • o.c' ~ request that the report be distributed as a document oí the General Assemb1y at its ti South J ~! twenty-ninth session. to ensi prov íd- Accept, Sir, the assurances of my highest consideration. and ecr

(Signed) Rashleigh E. JACKSON 3. Ir the ter President 80uth ,j 01-' t hp, TTni tpcl '.:-:.1; 5.0!lS introdl Council ror 1'larlÍbin param í. NamibÍ{

4. TI ccnnu»: suppor1 States His Exce11ency adví aoi Mr. Kurt Wa1dheim its efj Secretary-Genera1 of the United Nations to t.ho: New York and t.he 5. Tl down bJ : I 1 ¡ 12 DecE 6. A1 apprec í their , CounciJ his sns dedica1

1;

r epor-t 1 21 ~lamibir; g76 (lS . -v~- REPORT O~ THE UIJITED NATION8 COUNCIL FOR NA1>1IBIA

INTRODUCTION l. In 1966, the United Nations General Assembly terminated the mandate oí South Aírica over Namibia and p1aced the country under the direct responsibi1ity of the United Nations. The responsibility of administering the countrv unti1 it became independent was entrusted to a body which later became known as the United Nations Cv~ncil for Namibia. 1/

2. Since 1966, the Council has striven to exert ~ressure on the Government of South Africa in order to bring about its withdrawal from Namibia, has endeavoured to ensure the implementation of United Nations resolutions on Namibia, has provided material and moral assistance to Namibians and has studied the política1 and economic situation in the country.

3. In the period September 1973 to August 1974, the Namibian peon1e increased the tempo oí their ~olitical and military st~u~gle for 1iberation. In response, South Africa stepped up its repression of peaceful political activities and introduced a policy oí public íloeging of dissenters~ at the same time, paramilitary units of the South African police were replaced in certain areas of Namibia by units oí the South African re~lar army.

4. The Council for Namibia exposed these activities before the internationa1 com'~"'.lity, provided concrete assistanc e to Namibians, mobilized wor1d opinion in support of the Namibian cause and endeavoured to ensure the comp1iance by a11 States Nembers of the United Nations vrith the resolutions on Namibia and the advisory opinion oí the International Court of Justiee of 21 June 1971. 2/ In its efforts to achieve comp1iance, the Council began to pay special atte~ion~ to those States which had in the past shown reluctance to observe the resolutions and the oninion reíerred to aboye. 5. The tasks assiened to the Council for the period under review were 1aid down by General Aasembl.y reso1utions 3111 (XXVIII) and 3112 (XXVIII) of 12 December 1973 and are summarized in annex I to the present reporto 6. At its 206th meeting, on 16 August 1974, the Counci1 decided to express its appreciation to the United Nations Commissioner for Namibia and his staff for their valuable and untiring efforts on behalf of the 1iberation of Namibia. The Courlci1 expressed similar sentiments towards the Secretary of the Counci1 and his staff who, throughout the year, ha"e served the Counci1 with effieieney and dedieation.

1/ The organization of the Couneil is deseribed in annex I to the nresent report . 2/ Legal_-º-9ns~guep-ces for States of~ll_~ Continue9-_.Rresene e 9f Sou~Jt Africa in ~JamibIa (South West AfrieaL notwithstanding Security Coune il_j{eso1ution g76 (1970), Advisor1L~inioD, r.c.J. Repor~§ 1971, p. 16.

-1-

atn't "-RU o/ r 1- • ·--7· ·U 11. Tl resolu1 PART ONE contaci people: SITUATION IN NAMIBIA 11 Dece of COU! l. POLITICAL DEVELOPHF,NTS 12. F( Prime 1 A. Gonprn1 nolitical situntion or dri­ pre-e11 ilThe w'ill of man is so stronr: that it will never Mr. Vo: be broken by laws of mano Our determination and tbi shall never be beaten nor the spirit be killed." 13. W: A member of the South 'ITest Africa People' s overwh Organization (SWAPO), in a letter to a South . newspaper, on the occasion of a higher SWAPO Youth Lea~e lcader's arrest under seats, the Terrorism Act. 14. F, 7. Without prejudice to its previous resolutions on Namibia, the Security Council period by its resolution 309 (1972) of 4 Februa.ry 1972.) authorized contacts bet.veen the posí.tí. Governme~t Secretary-General of the United Nations J the of South Africa and other indepe parties in an effort to find a solution to the problem of Namibia. ( 8. South African insincerity during the period of contacts was evidenced by disuni numerous concrete acts. 'I'hr-oughoub the period of the corrtac t.s , the South AfricRn "bantu Government continued with its no1icy of cr eatí.nn "" under thc nev label of "homelands ti. In sorne cases', the "barrtustians iI were even elevated t.o thc sta .us ( of. ;'self-governing areas ". Despite assurances given by South Africa to the Secretary-General that freedom of Do1itical activity v~uld be permitted in Namibia) ( arrests~ trials and tortures ~ontinued, and public flog~in~ was introduced to sensit pun í sh and intimidate political opponents. Ttle11 before the termination of the contacts, the i11e~al 80uth African régime in Namibia had actually stepped up ite ( policy of repression and intensified its alreauy formidable methods of app1y intimidation. realm such a 9. '1'he contacts proved fruitless and were characterized by a SVlAPO Leader in the 1ILeBis following terms: Africe Mr. Gu 'liNo one can doubt the sincerity and good faith shovn by the United Nations in 1eader its att~pt to re-ª.ch a mucua11y acceptabl.e solution with South Africa on the Namibi issue lof Narnibia/ ... South Africe once again proved itself to be the main stumbling block through its lack of faith and insinc erity. ti 3/ 15. F i11ege 100 Consequently, in its report to the General Assembly at its twenty-ei~hth tlprinc session, 4/ the United Nations Council for ~amibia recommended that the contacts it cor between the Secretary-General and the South African Government be terminated. 16. F of 11SE )j A/AC.I09/PV.968, np. 13-15. nor WE detern 4/ Official Records of t ho General As scmb.lv, T"Tcmt,y-c..ir:h-:'ch Se?13 i on, Suppl~ment No. 24 (A/9624), T'ar:;:--33r;C6-r.----- rise, one ha ·-2- 11. This r eccmnendatLon Han t aken Un by the General Assenbf.v, in i t.s resolution 3111 (XXVIII) of 12 Deeembcr lC)73, by ¡.¡hieh it eoncidered that the 1 eontaets should be terminated as bein" dctrirnental to tho interests of the ~Rr"ihian t¡'1 people, and by tihe Reeurity Council in its rcsolution 3)!2 (1973) of ·1 11 DeeeM.ber 1973, by whieh it deeided to dir-eontinue ~urther efforts on the basis .1¡ of Couneil resolution 309 (1972). ¡ ¡I 12. Following the termination of eontaets, Mr. B. J. Vorster, the South Afriean ;1 17. The Prime Minister, stated: "The United Nations will not make South Afriea withdraw ¡ illegal or drive the Republie from the Territory. II Reassuring his electors at a poliey e pre-eleetion meetinr; of the National Party in ~Tindhoek on 20 Nareh 1974, reglme~ . .. Mr. Vorster also stated that South Afriea would never desert "Boubh "Test Africa'¡, intimide and that it voul.d stand with "South vlest Afriea through thick and thin". I

13. Whites in Namibia appeared satisfied by these statements and voted overwhelmingly for the ruling National Party in the all-white eleetions for the South Afriean Parliament, held on 24 April. The National Party obtained an even (a) Mas higher percentage of the vote in Namibia, where ít won all six parliamentary seats, than it did in the Republie of South Afriea. 18. Aec 19 Namil: 14. Following the period of contaets w:i.th the Seeretary-General, which covered a serving period of approximately 22 months, South Africa attempted to strengthen its three-tc position in Namibia, and appeared to be tryin~ to undermine the Namibian will for in 1973: independence with a four-pronged attaek: in 1973

(a) By eontinuing its poliey of fragmentation, hoping both to spread 19. The disunity among the blacks and to erect unassailable political strueture in the inelude "bantustans"· include Moreover (b)' By stepping up its poliey of repression and intimidation:. being de "Commiss (e) By replacing poliee units by units of the 80uth African army in represen sensitive areas of the Territory~ Press As

(d) By introdueing a 'dialogue between whites and blacks" in an attempt to 20. The apply the same deceptive policy it had pursued, as a 1elaying taetic, in the conducte realm of foreign affairs. Agents of the South African illegal occupying régime to have such as Mr. , senior member of the "Executí.ve Council", leader of the :tLeBislative Assembly" and deputy leader of the National Party in flSouth West a period Afriea"; Mr. B. t..T. van der Walt, "Administrator of South 'Vlest Arrí.ca": and aimed at Mr. Gunther Kaschik, "Nayor" of Windhoek, made strenuous efforts to engage black leaders in this dialogue with a view to inducing them to accept "barrtusbans" in 21. On Namibia. in two s Katutura 15. Furthermore, as will be seen from the political trials described below, the travel d illegal South African régime in Namibia appeared to be attempting to establish the and Reho "prtíncLp'l.e" that, although SWAPO was not a "banned organization':, membership in for a pe it constituted involvement in "terrorism". guilty o

16. For their part, the Namibians were not deeeived by the South Afriean offers 5/ of Il self-government 11 for "bantruet.ans" and a "dí.aLogue'' between whites and blaeks' nor were they cowed by the policy of repression and intimidation. In faet, the 6/ determination and politieal eonseiousness of the Namibian people continuúd to Áfrican rise, and this process was assisted by SWAPO and other ~olitical parties~ on the SWAPO wc "1\:'1 •, one hand, and the United Natiolls Couneil for Namibia~ on the other. During the h.(..mam a given to -3-

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I period under review, Namibians intensified the liberation struggle by all means at b their disposal, seeking South African withdrawal froro their country. These events doeume: M are described in the following sections of the present reporto in Nam :) (b) T B. Measures of repression undertaken by the illegal South African occupation rér;ime 22. I Preadd 17. The year 1974 was characterized by mass arrests of political opponents of the Namibi illegal South African occupation regime in Namibia and by the introduction of a policy of public floggings of SWAPO members and other political opponents of the 23. M regime. These events were part of a systematic policy of repression and Windho intimidation which was intensified during the year. Kapawa Govern l. Mass arrests and political trials The ac to hav (a) Mass arrests tOlJ"lorr repozu 18. According to information available to the Council, as at July 1974, 16 Aug 19 Namibians were serving life sentences following eonvietion in 1966; 16 were sorne o serving 20-year prison terms; 13 were under detention without trial; 86 were serving three-to-five-year prison terms after being arrested in the "" 24. T up the in 1973; 32 were serving terms of various duration after bein~ arrested in Windhoek demand in 1973 and 1974; and 7 were serving other sentenees. 2/ 19. These figures by no means portray the who1e situation, because they do not 25. D inelude persons taken in the mass arrests early in 1974 (see be1ow), nor do they tensio Mr. Ng inc1ude other arrests which have not been disc10sed by the South African po1ieeo Moreover, it is impossib1e to know with any aceuraey how many peop1e are eurrently and da being detained in the Ovarnbo1and "bantustan" beeause, in July 1973, the tbe bl "Commissioner-General for Native Nations of " barred all press representatives from the "bantustan" except the representative of the South Afriean 260 M Press Association (SAFA). pangas t weapon "~! ·:1 I 200 The month of January 1974 was marked by the most extensive police raíds ever refuse ¡ Court ! condueted in Namibia. 6/ On 18 January, sorne 360 polieemen with dogs were reported \ Theref '1 to have rounded up and-arrested 141 men and 45 women in the blaek township of ,\ ordin8 Katutura. These arrests brought the total number of persons detained to 313 within demand a period of six days. It was later disclosed that the poliee operation had been aimed at the leaders of the SWAPO Youth Leagueo 270 T impris 210 On 21 January, 187 blacks were reported to have appeared before two magistrates League in two separate courtrooms. Most were charged with beinr; "unlawfu11y" in Katutura, having no identifieation documents (passbooks) and fai1in~ to produce nll 12 and PS trave1 doeuments when asked to do so at a palie ~ road block between \olind.hoek was in and Rehoboth. The group was said to have intena'd trave11ing to Rehoboth for a political meetinr, of the SWAPO Youth League. A1most all were found summar accuse gui1ty on a charge of failing to produce the travel and identifieation as the

2/ For a list of po1itica1 prisoners see annex IV to the present reporto (e) e 6/ In January 1974, as part of a new po1iey introdueed by the i11ega1 South Áfrican regime, it was announced that information about police activities involving 280 rr SWAPO wou1d no longer be issued by the police on the spot but only by the ena.etn "Ad:dni ctrf;tl.l' of South West Afriea" o Shortly afterwards, this responsibility was given to the security po1ice in Pretoria. -4-

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documents required by the legislation which South Africa has imposed f , I'i in Namibia. ¡ 11 ¡ ,,) . 1 ¡ j ln pr: ,I (b) Trials under the "Sabotage Act" : Detiaí: j [1 : ¡ ',1 \ secur: -r 22. In November 19'73, ror the first time since 1967, when Mr. , , ! cusbo. President of the South West Africa National Union (SWANU) was tried and convicted, ·1¡ ¡ relat: Namibians were placed on tria1 on char'gea under the "Sabotage Act" of 1962. l ¡ e\ with 23. Mr. Jeremiah Ekandjo, aged 26, Deputy Chairman of the SWAPO Youth League in 29. l Windhoek, Mr. Jacob Nchidinua, ar,ed 22, Vice-Chairman, and Mr. Martin Mvu~a I ( 'Vlindhl Kapavasa, ac;ed 22, were char'ged with "incitement to overthrow the South Africen ¡ the 81 Governmen-t", following a mass rally he1d in Katutura township on 12 August 1973. '1, ~ lf ! charr; The aceused were among 12 speakers who had addressed the rally. Thoy were said ¡ J '\ Assí.s' t.o have t01d the audienee: "Freedom is in your hands , Don't wait until ·í Bey; tOh"lOrrOW, start today." A few days after the rally, one Africen had been 1 Shihe: reporuedl.y shot dead and 295 Africans arrested during a riot whieh broke out on 16 August when members of the South Afriean Security Poliee attempted to arrest 30. some of the 12 speakers who had addressed the rally. Namib: were 24. The trial was adjourned for a day at the outset when the three accused tore Mr. M, up their charee sheets, refused pro deo representation by a local attorney and J sorne ¡I demanded the sendí ng of en attorney from the United Nations. ,) to r~r

25. During the trial, the police witnesses said that the accused had aroused 31. tension in the audienee which increased in numbers from 300 to 3,000 and that i¡ insid Mr. Ngidinua had stated that the "Boer-s owned all the mines and fish faetories 1 I Gottl and danced at hote1s, and drove cars bouaht from diemonds and copper belonging to in Wa the bla.cks ti • \ \ 32. 26. Mr. Ekandjo denied that he had advocated using arms, or killing whites with parag pangas. He said that he ha.d urged peop1e to use their weapons, and that SWAPO' s 1967 ¡ '". weapon was the loudspeaker and not violence. He told the judee that he would , "Y'~-'" I refuse to recoe~ize any sentenee passed by the court, hceause the International ,I I .. I .; 1"" . Court Of Justice had ruled that South Africa's presence in Namibia was illegal. ! I I TIlerefore, the Court had no jurisdietion over him and his associates, and the i r 33. ordinance under which they were char~ed was not legally in effect in Namibia. He I ¡ repor i demanded tbe right to be tried by Namibians and not by foreigners. I summa ,¡ I publi 27. The three SWAPO Y0uth League leaders were later sentenced to eight years' ¡I to ha imprisonment. Mr. David Shikomba, aged 23, former Seeretary of the SWAPO Youth '\ their League , who had disappeared while the trial was under way, was later arrr-reliended, suffe On 12 Febr-uar-v l~"rl+, he anpeared briefly in the nindhoek ~~aC'i8t.rate's Cour-t '1 and vas re!Y1andec1 on a charr-e urrler the "Act", .At a. subseouerrt hear í ng , he ;1 was informed that he would stand for summary trial at Swakopmund, in March; a "¡ :¡ summary trial is not preceded by a preparatory examination. Mr. Shikomba was .1 accused of "í.ncttemerJt to kill or to endanr;er the safety of the publie as well ! 34. as the maintenanee or law and order" and sentenced to six years in prison. :¡ so-ca J have i (e) Charges under the "Terrorism Act" .1 oppon I .1 \ ·1 Co-op 28. The "Terrorism Aet" Of 1967, which was roade retroactive ror five years upon el hardl i")()li~e r SWAFO enaetment, allows the South Africen f,eeuritv to hold anyone indefinitely .,,,;\ 1 ¡ '1 even ¡ \ t j '( ¡ -5- , , ,1 ;1 ~l ~ ,1 ¡-~... • MM f "P - f ¡ t, t ,- "·ti ~--•.~j'-~_ _ _-~_._-~~---•.~~~------,.,.------'-:"1 ---~ •.- -- .

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! 1~ 35. rrr disreC;f beaches i in prf.son without el, l' It permí t.s po1ice to interror;ate det.aí nees end1essly. , \ the ha] , Detiaí necs muy be heLd in Hl.>litary confinement and kept incommunicado. The what Wl security police havú fu11 power to decide what to do with those who are held in custody under the ""liY'~r ~"ri. r,Fl "ct". rPh~ laH dncn not n crri1t »ven a nricHlt or víctdms relative to obtain information about the detainee. The courts cannot interfere 36. De with detention of thin typc. countmí reglme" . On February 1974, five SWAPO officials were arrested at their homes in 29. 6 on the Windhoek, Wolvin Bay and Ovambolund: Mesors. Ezriel Taapopi, Actinr, Chairman of or in I the SWAPO Youth Learue , 1".'tn'rC(~!',tjl nf't,C'r hc' ha ' bl'f'l1 n''''1Hitt.f~ l, C"'" ot~1C')r charges in a Windhoek Ma~~istrate I s Court in January 1,974; Axel el. Johannes, SHAPO Assistant Secretary, in Windhoek; Daniel Shiwanr,ula, SWArO Secretary, in Walvis 37. TI Bishop Bay; Benjamín Nama1ambo, a rr.ember of the SWAFO Executive, in Windhoek; and Ovambo, 8hihepo Mvili, a mcmber of the 8WAPO Youth Lea~ue Executive, in Windhoek. ler;a1 1 sworn 1 On Februury, Mr. David Meroro, National Chairman of SWAPO inside 30. 5 H. the uf: Namibia, stated that ';'1, ~ '"\: '1(".,' 1,Cl¡~ ,1· ,('l'l!n"l .¡ ti t ,,1]' ~tim ,..t}¡, re' ('Ir wL~t th-. "';':11 membe rr were bein[" held. On 8 February, the Sotrth African r"'("lri ty T"Inl í c \ arrested o í'f'encr buildin~ Mr. Meroro in his home in Katutura. A search was then made of the und be pub: sorne documents were confiscated. The police refused to make any statement either peraom to Mr. Merorols relatives or to the press. "triba: event.u. 31. With Mr. Merorols arrest, it was reported that 0.11 the 1eaders of SWAPO inside Namibia were under detention. It wi11 be recalled tbat Mr. Nathaniel flor:ril Gottlieb Maxhuilili, Actinr: President oí' SHAPO, has been confined to his home 38. Tl in Wa1vis Bay under a banninG order since 1971. a wide 32. On 11 February, it was reported that the GWAFO 1eaders referrcd to in s aí.d tl He addi paragraph 29 aboye were being held under .'lrti.ele 6 of the "Terrorism Act" of beinc I 1967 and that further arrests were expected. Messrs. Thomas Kamati, punishJ ~-... (\~ ~'Y'~" l 1 '~11 ;~f' ;~,,:.!\T'~f') ''''t e.,..."1'l'-'" 1" Y' C"P'''1 'f.'''. r-", r» ,.'•••.•·1 .T,.:".,..¡, -1 1'"'¡t l"f')"j'1'tlt·· « m. 'Y'lr1t ,,...e» l') ~, :'- .. t:'. 'I...t"'') :1', ;"";10.'" ... -.v,t _'. ol"'!:' \''ll -, f~' • f~1 :~r) '~~:}" ~ --~ ':,;~~ ~~('r "!I~ ,~')"t ",j r .. 1" ."r:, ,:-4 1 .-t,. (f' n ,1 't' f • r í sm Act 39. IJ Bishop a separate case on which full information i8 not yet available, it was 33. In pause, reported that r·1essrs. Ezriel Taapopi and Josepb Kashea "..rere to be tried ~ r~ ~~: ~~ howeve: summar-í.Ly m: '1 G1 t:-" ;,t. ; or. ()1' "1. i:,i ("'1.t j nr: r ('r,r] t,.., e ""'lo' j 1, nur-l«r , t.o m¡ C"(l "'1" j n politi public vio1ence or ma1icious damarte to property". Their at.torrieys vcre reported for mal to have complained that, apparently as a result Of ill-treatment by the police, flor:; p tbeir clients were in no mental condition to stand tri al and that they were and wo: suffering t'rom 108s of memory ~ hallucinations and physica1 exhaustion.

2. Pub1ic flo~r:in~ }~O. T 34. Since the proc1ama:tion or; 1 May 1973 1-r tl,p :'outh rf'r i r-nn r(;'l'i~e ('.f' rt Ovambo so-called "self-r:overnin~ rerion" in Ovamboland, the "authorities" in that aren Anr;lic have systematically introduced a policy of public1y flof!r~inr: :"1:': c 1 ("1 political in the opponents, especia11y members of SWAPO and the Derr.ocratic Development Revere Co-operative Party (DENKOP). In the "bantustans", immediate flor;r;ing with hardly the pretenso of a trial was the punishment fer suspected membership of "triba injuri S-V1APO', th8 sinrdng of S'V1APO sonr,s, thu wearinn: of n. shirt in SWAFO colours, or

oven the uttcrintl'.' oí thu word "Namibia" . -6-

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35. The public flom~in[';s inflicted upon Namí.bí ans in the Ovambo.Land area disre~ard sex and aGe and huve been applied to people of all social backgrounds: l~l. teachers, students, church leaders, nuraes , etc. The heavy Laebes , rq,pliGd vTÍth publ the hard central rib of a makalani palm branch, have usually ranced from 20 to what was reported to be an unlimited number, The floCl3inr;s generally Leave the victims ·bl,·:r1i n n; and unconscious.

36. Deapite widespread public condemnation in Namibia, South Africa and in other count:cies of this mode of puní shmerrt , the iller~al South Africen occupation rérjime has refused to restrain t.he "tribal authorit.íes" from flor:gin~ I'Jami bians on the r;rounds that they do not wish "to intervene in the affairs of home Lands" or in "tribal cust.cms 11 •

37. The Reverend Richard vlood:l Anp:lican Bishop of ,

Bí shop Leonard Aual.a , Pr-es í derrt of the Church Board of the Evancelical Lutheran Ovarnbo/Kavanr;o Church, and Mr. Tomas Kamati Kamati, a SVlAPO 1'1••;n.h -r , initiated le~al action in o.n attempt to stop the floggin~. The basis of their case was 30 42. sworn affidavits from people who had been subjected te floggine. In many cases, to .i the affidavits showed that the South African police were reBularly arresting , delE membe unab '1, ra of 8WAI'O and then, when apparently Le to find evidence of any I " the o r'rence , were handinr; them over te the Iitribal authorities" so that they could li' t ~: chui be publicly flor;r;ed. Bishop Wood was reported to have stated that over 100 ~;: . ¡¡ gro: flot3~ed ,1, persons, and perhaps as many as 300 to 1+00, had been publicly by the had "tribal authorities" up to November 19'r3. 'I'he supreme Court in Vlindhoek the eventually refused the application for a rulinc which would prohibit public r ac: flor;rine· in ove: 38. The publie flocmin[';s by "tribal authorities" in the "barrbuabans I? provoked merr a wide response. Mr. Brian O'Linn, a Winmloek lawyer, was reported to have vis s aí d that the flor;c:ings demonatr-ated a "total nei:ation of judicial principIes". He addec1 that political opponerrts were not charrted before the courts but were 43. beinc det.aí ne d by the police arid then passed on to the "tribal authorities" for res punishment. res Eva 39. In an address to the United Nations Council for Namí.bd a on 18 June 1974, Acc Bishop Auala stated that public flo6Cinr,S had been resumed, following a brief Pas pause, when a judae ruled that they were a iltribal cusbcm". The Bishop stressed, Otj however, that the South African Security Folice were urcinG headmen to flog whi political opponents, and ado.eo. that he had been a secretary to a tribal chief for many years before becomin~ a cler~man, but he had never known the chief to 44. flor; people in publico Acccrdí.nr; to Bishop Aual.a , flogGin~ had been used rarely Lut and women had never been flor;c;ed. tha uni 3. Repr0ssive me~ures a~ainst church leaders anO. the press 45. Re:r; 1~0. Towards the end of October 1973, tttribal police" in the Kwanyama area of Afr Ovambo.Land were reported to have forced the Reverend Philip BhdLongo , tha adv Anr,lican Archdeacon of Odibo, to leave his church and mOVG to an isolated place in the hinterland. At about the same time, his colleague, the 46. Reverend Lazarus Ha.ukongo, was reportedly struck on the head with a club by a in "tribal po'Lí ceman'' outside the church. He was later hospitalized for his pri injuries. ne't\ "bt: -"-

!iitfij!illlil¡!ll-··"'·~---- - ,~--,,,, ..-,_.,-,._-,--,_._-~~. ""J:.l, -- ',' • Jlli'.'..... _ .'.•s:s::!'!L \:.,.,!!c"" )., "

i" t lü. A memor'andum oí Rentembcr 1973, "rhieh camc out o:f' 0vflI'lboland and vas repoi published in the South African press, deseribed the situation there as follows: very

"People are sti11 being arrested, every week. One of the arrested 47. persons had been on Robben Island for five years. Sorne of those who were JulYI freed earlier in the year have again been jailed. Those wbo are released Nami1 are handed over te the 'tribal' chiefs fer punishment. The number of' infoJ detl:l.inees counts over 300. Nami1 Kalal " ••• Teachers have been arrested at schools in the presence of the pupila and classes closed. The Ov~bo authorities have discussed the 48. Vcempetence' of Ovambo teachers to teach the youth. SWAPO-minded teachers Soutl are not 'rit te teach' and 30 of such teachers have alreedy been removed "inc: from their posts." WOU1l . who 1 42. The South African Government has applied repressive restrictions not only "If f to Africans but also te white re1igious groups. On 1 May 1973, for instance, a the ] delegation from the United Evangelical Lutheran Church of South West Africa met orge] the South African Prime Minister in Cape Town to discuss restrictions on conf: churchmen in the Territory and the refusal of visas to overseas clergymen. The said group of eight pastors was led by Bishop Auala who said afterwards that the group appe: had comp1ained that as a result of restrictions placed 0n them in the name of the policy of separate development, it was difficult for a c1ergyman of one 49. race to work among peop1e of another group. The church had also had di fficultY enac: in finding lecturers for its the010gical school, because visas for a number of and 1 overseas clergymen to work in Namibia had been refused. Bishop Aua1a also Die I mentioned 50 instances of overseas theological 1ecturers who had been refused of tJ visas to enter "South West Africa". thir Mr. 43. The delegation was apparently unsuccessful in securing a change in these lIIf restrictive practices, because it was announced in mid-June that the temporary inci­ residence permit of Pastor Wolfgang Krüger, a white roinister of the German on: Evangelical Lutheran Church, would not be extended beyond the end of that month. so b According to press reports, this action was probably connected with publ Pastor Krüger's participation in an exchange of black and white priests in , in the course of which he had preached in a "non-white" church, while a b1ack pastor had preached in Pastor Krüger's white church.

44. As a result of these events, five ministers of the German Evangelical . 50. Lutheran Church requested to be recalled to their home countries on the grounds of R that work in Naroibia vaa being hampered by the expulsions and by the lack of clai unity between black and white churches. for repo 45. Subsequently, the Council of the Evangelical Lutheran Church in the Federal writ Republic of Germany announeed that i t would only send pastors to "South West p1ae Africa" on the understanding that "the duty of these pastors would be to peti advocate a union or the black and white churches in South West Africa". of b mí d­ 46. On 11 May 1973, the printing press of the United Evangelical Lutheran Church wive in Ondangua, Ovamboland, was blown up, Damage to the building and to the Mr. printing press, which had produeed school textbooks, church publications and a decl newspaper critica1 of the South African régime in Namibia and the Ovamboland crit "bantustan" authorities, was reported to be Ln excess of $US 850,000. Press pris

-8-

"-'W" -, -,

----, .. '~_. '-'-;':~'J:¡::>:;::.:.~::- ¡, ~l reports indicated that the explosion, which caused a fire, was set off by a rI 51. 1 very sophisticated device. The police did not make any arrests. i :1 ~~p;~~ ~r domí.m 47. Using existin~ legislation, the South African Government confiscated the ~i i July/August edition of the SWAPO publication, 1'T"J~1.i·bi"'v 'lITnvs q when it arrived in il degra( ,;1\ was s~ Namibia. Mr. David Meroro, the National Chairman of SWAPO inside Namibia, was "í informed that all copies of the magazine had been sent to Pretoria. The ~ or kil ",1 dropp: Namibia News was later banned, Subsequently, its name was changed to the ; ¡ Kalahari Post, which was also banned. i and di 1 :\ OppOSI 48. As a result of the frequent criticisms of the Government's policies in the ¡ cases South African press, Prime Minister Vorster charged that newspa~ers were :/ fl , "inciting racial hatred. On 5 September 1973, Mr. Vorster announced that he j would amend the Riotous Assemblies Aet to enable the eourts to act against anyone who ereated "bad blood" between the race groups. On that oceasion he stated: '1 52. ( "If South Africa finds i tself in the position of Rhodesia, we will not allow recu1 the press to play the same rol!· as it has there. There are people, or se: organizations and newspapers whieh would stand against the whites in such a the SI confrontation. " In further statements, made on 12 and 18 September, Mr. Vorster ,1 { said that newspapers which failed to exereise restraint would be forbidden to \ 53. appear on the streets. to te: to pe 49. Ear1y in 1974, new 1egislation affecting the freedom of the press was again enaeted in South Africa. At the time it was proposed newspapers in South Africa 1ives and elsewhere raised a storm of protesto Two newspapers, the d Die Transvaler and Vaderland, which are normally considered to be supporters of the Nationalist Party, came out against the proposed 1egislation, as did a 54. third Afrikaans newspaper, Rapport. Speaking against the proposals, coup1 Mr. Hans Strydom, President of the South African Society of Journalists, stated oecas lIIf reflection of the comp1ex society we live in is to be regarded as sente incitement, then there wi1l be very litt1e left to report on.." Mr. Strydom went sente on: "The press should not be made the scapegoat if the structure of society is so brittle and potentially so inf1ammable that it cannot stand the glare of publicity." 55. to op 4. Prison conditions and torture expre 50. In Apri1 1973, 50 prisoners presented a petition to the prison authorities of Robben Island, in South Africa, where many Namibians are he'Ld, in which they claimed that a number of basic prisoners' rights had been eroded. As punishment for this action, Colonel W. H. Wilmwi1lemfe, the officer comnanding the prison, reportedly stripped the prisoners concerned of their rights to smoke, read, 56. write 1etters or study. Mr. L. Kader Hassim, the 1eader of the group, was and p p1aced in solitary confinement. According to the information given in the petition, a copy of which was 1ater smuggled out of the prison, the condition of black political prisoners in South Africa has deteriorated since the mid-l960s. This incident 1ater 1ed to a court act.íon brought by two of the 57. wives of the prisoners seeking restitution of their husbands v rights. Imp1e Mr. Justice Timont of the Supreme Court in Cape ']own, who ruled on the action, Count declared that the iso1ation of the prisoners' 1eader was unlawful, and he of SW criticized the South African Prison Department and the officer commanding the the u prison in particular. It decid 'f I milit Afrie -9- to tJ:: mi1it whicJ:: 51. According to a re~ort preparad by thc Ad Hoc Working Group of Experts appointed by the United Nations Commission on Fuman Rir,hts to study thc treatment 58. In, of political prisoners in so.rchern Afrien. and 'che Ter¡"itories under Portuguese than pre' domination, the South African police wer-o reported to have used "most cruel and whí ch OCI degrading torture;' on people arrested in Namibia (E/CN .4/1111). In the report it Kamenra l was stated that the victims were tied to horizontal poles, head down, and beatcn In April or kicked. Other actions included the use of electric shock equipment and the to be Af: dropping of victims from helicopters. After calling for an end to the "inhuman Lmpf.emerr and degrading treatment l1 of people who had been detained solely because they opposed South African policy in Namibia, the report demanded an inquiry into ~9. In.

cases which had resulted in a fatality. mund't í on In July~ , 5. -8-ps;'rtheid laws and practices: the Immorality Act arco. of . Katima f:'1 52. One of the cornerstones of the apartheid system is the Immorality Act which to link' rer,ulates intimately the private lives of individuals. The Act prohibits marria~e order to or sexual relations between persons belonginp: to different "races", according to conatiruc the South African system of race classification. 60. Pr. 53. During the period under review, as for many years previously, police continued continuo to tell packed courtrooms about how they crouched and crawled with stockin~ed feet veapons'' electora- to peer with night binoculars into houses, cars and bushes to establish a case -lo: against couples suspected oí engaging in interracial sexual relationships. The lives of many Namibian women and men, both black and white have been marred by 61. In 1 the debasing effects of the Immorality Act on their private lives. forces h: f'arms , 54. In a recent case brought under the Immorality Act, the Judge warned the cause mai t he east« couple that contravention of the Act was a lIver y serious offence". On many 1~ occasions he had given offenders suspended se!ltences~ however, since "suspended dur í nr; sentences were not serving as a det.err-ent", he would in future be giving prison sentences. 62. f\ Sl said t ha­ its bor-d: e.. ;'esistnnce 01" t.he "nrríbí an 'nAonl, A Addressii 55. Despite arrests, detentions and tortures, the Namibian people have corrtínur-. Lí eut.enar to oppose the South African occupation régime. This determination was well excLu.s í vr expressed by ~J1r. Tuli Hiveluah a Sv7APO oZ'ficial inside Namibia: from the sacr í r í c: "Imprisonment under the Act on Terrorism or the Act on Sabotage between : will not deter Namibia's blacks frolli ~ontinuing the strug6le. Prison to obba.Li is nothing, and I myself am ready to face it." 800 membi

56. Action against the occupation régime is conducted separately on the military 63. In ~ and political fronts. These activities are described in the following sections. Par'Lí.amei mBde the l. Armed struggle unambí.gu: Lnt.ens í't- ~ 57. Addressing the Special Committee on the Situation with regard to the come •. Implementation of the Declaration on trle Granting of Independence to Colonial Countries and Peoples on 2 April 1974, Mr. Moses Garoeb, Administrative Secretary 64. One of SWAPO, emphasized that Namibia's independence would never be achieved without African ] the use of force and said that it was out of this realization that SWAPO had beine; re] decided to resort to armed struggle. He added that the effectiveness of SWAPO's conferenc military forces had compelled South Africa to train and arro blacks from the South 80uth Af) Africari "bant.ustans" to fight agB.inst 8't<7APO in Namibia. Mr. Garoeb was referring to the external wing of SWAPO which is distinct from the internal win~. The 65. At i military arm of the external wing Ls the People f s Liberation Army of Namibia (PLAN) S\\'APO st~ which conducts operations from bases located inside Namibia. -10- 58. In 1973, PLAn fir:hters were reported to be more confident and bett er armed than previously. Scattered reports have descri.bed some o f the arrned en(l'i["ements of which occunred dur í n» thp year, In January 1973, for exampl.e , PLAn attiacked the est

Kamenr-a Pli1itary base in the Caprivi Strip, ldllinF" or vound í nr- 160 South Africans. A11

In Apri1, a FIJAlJ ambush cost the lives of 37 80uth Af'r í can so.Ldders , nanv reported Thi to be Africans, und it appeared that the 80uth African Govcrnment was in fact p1a implementinF" ita announced po1icy of puttinv Afric~n troons into the front linee to giv ~9. In Juno 1~73, i t ¡'Taf~ r epor-ted that PL/\N fit'l'hters had carrtured an arrns and to munitionn dopot durinr: o..n action ap:ainst f10uth African troops in thc Caprivi Strip. Moz In July, PLAn unit.o were r enor-ted too have launched at.tacks in t he I-:avfl.nfw basin arca. of the Caprivi f1trip. The Gouth African base of i~nacha is located near S''¡APO' s Katima Nuli10, ncar the point of the Caprivi ntrip. A hirhway is beinp' constructed Times of to link this base ,,,ith thc railvTa;,' network in the interior of ITamibia; ano in had rece order to preverrt i te be í n» easily mined by PLAH forces, the hir:hvTay is be í nrr the Cape constructed as a tarred road. : ; naV'a1 de authoriz 60. f1r. Vorstcr 0..180 admittcd that "there is every indication that attacks wi11 and Norw continue anu be carried out more furtivelv and lV'ith better and more dan~erous activity 1:Teapons". In the course of his election campadrrn , he also warned his TV'hite H electorate that they must be aware of the "ominous times ahead • 66. A1t (24 May 61. In addition to regular military operations, it was reported that 80uth African of the s forces had bombarded villapes, poisoned water supplies and set fire to forests and although t'arrns , These and other actions of the South Arr-í can forces in TTamibia continued to aircraft cause nany people to become refurees. Out of an estimatec1 population of 22,000 in t he eastern part of the Caprivi Strip, several thousand fled to and Bo'tstrana 67. Two durinA; 1973. and at t activity 62. A senior officer of the security police, speak'í nr- in HindhoeJ-;: in June 1973 , This was I said t.hat South Africa wouLd only r enaín safe from the threat r-osed by terrorism on /. exercise its borders for as lonr, as its people were prepared to he1p combat the ~enace. Addressinr dele~ates to the conpress of the Nederduitsch Hervormde Sustesvereenirin~, 68. A t Lieutenant-Colone1 C. J. X. du Plooy said South Africans should not re1y of Franc exclusively on the police, t r.e (!efence force and the state to protect the countrv waters. from the terrorist threat but should be prepared to help and, if necessary, Make vio1atio sacrifices. Co1one1 du Plooy said that since the first terrorist attack in 1965 of time. between 1,500 and 1,800 people had left the Republic, either le~ally 01" i1le~ally, French-S to obtain military traininr. to be directed ar,ainst the country. A further 800 members of S11APO had joined those forces. 69. The a questi 63. In a white paper on defence and ar~aMents submitted to the ~outh African and that Parliament on 10 AP1'il 1973, Nr. P. ·P. Botha, the South I\frican Minister of Defence, South Af made the fo1101.¡in,- st.atement.e "1 do not ví sh to spread alarm but 1 must state training unambieuous1y that for a long time a1ready we have been en~a~ed in a war of lOvT Cape as intensity and this situation probably wi11 continue for some considerable time to sorne "ex come •. 70. The 64. One year 1ater, Mr. Botha was reported to have announced tl,:·t the South Represen African po1ice units whí ch had been operatrí nz- since 1967 in t.he G:t:nrivi. Strip were Counci1 beine; rep1aced b~r Boubh African army units. Be a1so r evea.Led, in a nreSG matter u conference he1d in the Canrivi Strip, that for the t~irst tir18 in t he history of 8cmth Africa, b1acks woul.d be conscr-Ipbed into t he 80uth 1\frican armv,

65. At the 968th meetí.nr- of the Specia1 Comní t.tee , on 2 Anril 1974, f-ír. Garoeb of m~APO stat ed : -11-

•. '.-t'

I M "He are eravely concerned about persistent reports that sorne form of military and naval co-operation has been established or i8 bein~ established by the NATO ~orth Atlantic Treaty Or~anizatiog7 Gupreme Allied Cornmander, Atlantic (SACLANT), 11 with 80uth Africa and Portur.al. This is beinr; done under the r,uise that it is part of the necessary 71. PoI: plannillf, of SACLANT which is a subsidiary orr;an of NATO and is necessary of SHAPO to protect the Cape route. In our view, this i5 but a subterfur.e to and the ~ give ~ilitary and naval support to South Africa and to provide assistance the ob(je( to Portu~al in its cruel wars ar,ainst th~ peoples of Anr,ola and ré~ime:¡ 1 Mozarnbique." or~aniza'

SWAPO's statement appeared to be confirroed by'articles in The Economist, The 72. Altl Times of London and The Guardian (~1anchester) to the effect that Admiral Cousins nationa.l had received instructions to study the question of how to protect shippinp, around above) , 1 the Cape of Good Rope and to prepare a contineency plan for necessary air and ¡'" , '>( naV'al defences. According to the NATO press officer, the study by SACLANT was 73. The authorized in October 1972. Four PATO mernbers (Canada, Denrnark, the Netherlands lar;"ely ( and Norway) were reported by other sources to be "unha.ppy" concerninr, this Namibia. activity. where r;a1 in terms 66. Althour;h the detailed conclusions of the study are not known, The Economist considere (24 May 1974) reported that "in r;eneral terms" the study found that the protection of the southern route around the Cape "vas almost beyond the resources of NATO, 74. In although it could be made slj "tly easier by us í ng bases for anti-subrnarine patrol bovcotrt, aircraft in, say, South Africa and Ango.La.", action, ( "homeLan: 67. Two French warships paid an official visit to Cape Town from 11 to 15 April and at the end of this visit conducted, for at least 2'~ hours, sorne form of joint 75. In' activity with a South African war sh'íp and a French-bui '.t South African submar íne , years, tl This was believed to be the first time in rnany years that such a joint naval serrrer:atl exercise had taken place. packed t) decorabe. 68. A telegram of protest was sent by SWAPO to the ~1inister for Foreir,n Affairs of France statin(:: t hat the exercise had taken place partly in Namibian territorial 76. PoI: waters. Accordine; to SHAPO, the activity constituted "military eollaboration in squar-e" : violation of United Nations resolutions" and had probably continued for sorne neriod attended of time. Aecording to Freneh naval headquarters, the activity was not a case of League il Freneh-South Afriean naval manoeuvres, but was oimply an "exercise". hald the meetinp; . 69. The Permanent Representative of France to the United Nations, replyinr, to number o a question raised by the Couneil, stated that SWAPO Must have been misinformed, wouf.d be and that no French naval vessel had partieipated in any manoeuvre with the South African Na'V'y or ha.d entered Namibian territorial waters. Hm.¡ever, a 77. Dur training ship, the Jeanne d'Are o.nd its escort, the Forbin, had stopped at the 24 l~:pril Cape as part oí' a routine world tour and, as in other places, had participated in l1r. Kesh sorne "exereises" with South Afriean units. lír, Shan statin~ 70. The President of the Couneil reported the position of the Permanent blaek Na­ Representative of France at the 202nd meetin~ of the Council, on 28 June, o.nd the Namibia . Couneil deeided to inform 81{APO of the result of the inquiries, and keep the Namibia matter under study. A tele~ram was sent to S1vAPO summarizin~ the French reply. by 0.11 t

I! Adrrdral Ralph Couaí.ns ,

-12- 2. Po1itiea1 aetion

¡"11th ~.7t::ot Afriee. Peop1e' s Orr;anization

71. Political aetion inside Namibia is organized prineipally bv the internal winB of SvTAPO and its affiliate, the SWAPO Youth League. The internal wing of SWAPO and the Youth League pursue a policy of striet non-ví.of.ence , Alt hough SHAPO vas the object of numerous repressive measures applied by th~ South African oecupation rér;irne, the party itse1f is not? in terl'l1S of South African lep:islation, a "banned orl1anization". It is therefore permitted to existo

72. Althou~h Most of the top leaders of the internal win~ of SW~PO, includin~ the national chairman, were arrested durin~ the period under review (see paras. 18-33 above):- the party ourvived and in fact became more active.

73. The SWAPO youth Lea~ue, organized at the be~inning of 1973, was composed lar~ely of men in their twenties and carried out many of S1JAPOV s aetivities inside Namibia. Heetinr;s were held throughout the country, particularly in Hindhoek~ where n;atherings were permitted with various restrictions, and in Ovamboland wnere , in terms of the emereency reeulations in force there, meetings 1vere generally considered ille~al.

74. In July and early Au~ust 1973, SWAPO urged the people .of Ovamboland to boyeott the eleetions for the Ovamboland Le~islative Couneil. As a result of this aetion, only 2.5 per eent of the electorate, both inside and outside the "homej.and"; werrt to the polls.

75. In 1·¡hat was deseribed as the biggest politieal gathering heId there for many years, the 8WAPO Youth League eonvened a meeting on 12 August in Katutura, the se~rer.ated African area outside ~1indhoek. Approximately 2,000 to 3,000 Africans packed the Katutura sports field to listen to 12 speakers, standing on a platform deeorated ,·dth the Namibian flar. (80(; nare,s. 23 ff above },

76. Politieal rallies eontinued to be held at what beeame known as iffreedom square" in Katutura tm·mship, ineludinr; a meeting on 29 Al1ril 1974, reportedly attended by 1,500 people. On 12 May, poliee broke up a meeting of t1e S?~po Youth Leaeue in Katutura on the aller,ed grounds that the speakers had no permission to hold the meetin~ and that three of tne four speakers seheduled to address the rneetinp; were in the Katutura township "unLawrul.Lv", The police eonfiscated a number of 811APO fla~s and it was announeed that the three men held in eustody "TOuld be cbar-ged with "beíng illep.;ally in Katutura".

77 . Durinr; the all-white eleetions for th~ Routh Afriean Parliament, held on 24 Apri1 197!~ (see paraR. 12 and 13 above) in whieh whites in Namibia also voted, l1r. Keshi Nathanael, President of the SWAPO Youth League~ and ltr, Shangul.a Sheeli Shangula, Seeretary-Genera1, issued a statement in Hindhoek statin~ that the eleetion vas a fraud and a ¡¡ pamble with the 1ives and souls of blaek Namfb'í ans: ~ and warnins ¡.,hites in "Bouth Hest Afriea1i who wí shed to make l' Namibia their home , to boyeott the eleetion and to strive uith Si·TAPO for a free J; Namibia where the destiny of a1l the people, hlaek and white, would be determined r: by all the inhabitants.

-13- .,...... ~~-•. ~ >'_. ~• .~..:l:":'~~~.~:2:.-;:;: ..-:. ·

(b) National Convention General l\ G befare the 78. In additian to ::'pviYitif's conducted ::'n its own name and throur;h the m'lAPO refusal te Youth Leaaue, the int(;.'':''[1I.tl winp; of SHAPO particip~~ted actively in the Htltional nolicy in Convention, of which it was one of the founding members. and, above settlers f 79. The National Convention was founded towards the end of 1971: one If its major early sessions was the second meeting J held in February 1972 in t he Rehoboth area 86. Prior and attended by representatives of SHAPO' the National Unity Democratic role of t.h Organization (NUDO)' the South Hest Africa National Union (8VlANU)' the Volkopartei Council be of the Rehoboth Bastero' the Gouth Hest Africa United National Iridependence Orp;anization (SUAUNIO)' the "Voice of the People'" the Damara neop.Le ; and t.he 87. Ouest !'TaPla people. he supnort rer:ardin rr 80. In Ju1y 1973, the folloving vere elected as leaders of the National and that i Convention: 88. o.uest David Isaaks, Chairman the 80uth Chief Clemens Karüuo, Vice-Chairman TTamibia, t Bertha Beukes, Secretary vas , t.here Gerson Veii) Secretary for Fo~eign Affairs quite a di n. Ford, S~'cretary for Interior African Gc ?·!artin Neib ') Secretary for Economic Affairs, Culture and Educati.on David ~1eroro, Secretary for Information (e) Ot her 81. In the course of a number of sessions, the National Convention expressed as its principal demand the unconditional withdravral of the Routh f.frican ré~i~e frem 89. Apart 1\Jamibia. been an in

90. t1r. G 82. The "Vo.íce of the Peop.Le " later inclined towards cc-operat í on vTith tr..e illerral 80uth African rér:ime in Namibia, and left the National Convention. At one lecture te sta,rre:¡ the representatives of that party found it necessary te issue a statement, economic a sayin~ that it was not a supporter of the South African Government. be prepare 80uth \'Test 83. In September 1973~ a grou'O representing the National Convention met "rith non-vdo.Len Mr. Brian O'Linn, one of the leaders of the vmite opposition United Party, to hear an explanation of that par-ty' s proposed "federal policy" for Namibia. After 91. In Ac the fleetin~~ Chief Clemens Karuuo, Vice-Chairman of the National Convention, stated the August that it "las n01>1 for the Convention to decide whether t.ne United Party' s propoaal.s the fl1artin should be rejected or accepted. classes in 14 of the the Bouuh 81~. In~. ct.at.enerrt issu(:~l at the end of Septembcr, ~I:r. Gcrson Veí í , Secr-et.arv for Forei~n Affairs of the I'Tational Convention, said that the black people of the r'eadmí.tt ar country ver-e not lookinr; for nor did they desire a vrhite-black confrontation. If disrrissed there were to be a confrontation it would be created or caused by the selfish he does nc attitude of the wh.ítes, their racial prejudice and their t endencv to dominate and dictate at ~unnoint. The blacks "rere not becominF, racists, thev wer~ only showing 92. Unre~ their convictions and political consciousness. 'I'he Uníted Par-tv ir: details we ;'South Uest Africa' "ras not the real opposition to the Governroen't , ':He, t. ll e b Lacks , are the real opposition. This is the prevailinr; situatiun in the count.ry and to this reality one shauld not close one' s eyes", he saí d.. 8/ Cí Comrn:i.tte"e: 85. In lJovember, Chief Kapuuo led a delerr,ation of the National Convenri ')}1 t' u Tl~ Un í ted Eations Headquarters, where he addressed the Fourth Cümnd ttee (,1' i,}¡f.,? 9)

- ..•. '.--~".".""¡' t' ••• '--r" General .f\ssembly and the United Nations Council for Namibiao In his statements 93. ThE before these bodies? 81 Chief Kapuuo condemned the 80uth African Government for its events. ~ refusal to 1·ri thdravT froro Namíb í a for continuinn; to implement :i ts home.l.ands ". Directo) nolicy in the Territor.v, for introducinr: and mainta:i.ninl,~ the po Lí cv of 8.partheid, ineideni and, above all, for haví n> stolen the Namfbd ans ' lana and rriven it to "rÍ1ite .­ have thE settlers from South Africa. 94. In 86. Prior to his travel to the Unit~d Nations, Chief Kanuuo had commented on the workers role of the "Adví sorv Counc í L" by statinr, that he :'did not aceept the Adví sorv Couneil because it vas not acceptable to his people and the National Conventdon", as 87. Ouestioned at a nress conferenee at United Nations Headquarters as to vhcther he aunnor-t.ed the poliey of dda'Lorrue between the United Nat í ons and 80uth Arriea rer:ardino: Hamí.b í a , he replied that rTar.libians had nevcr requested such a po'lí.cy, in and that i t 'VTa8 therefore for the United Eations to decide whether to eontinue it.

88. Questiened further as to whether he himself had not indul~ed in nialo~ue with the 80uth African administration in Hamibia~ Chief I<"apuuo replied that inside Hamí b í a , the 80uth Afrieans controlled the livcs and property of all Namibians; it anr 'olas, t.hererore , neceasary frem time te time te tulk te ·tL~':l:l; hcwcver , this was quite a different thinr; from a dialo~ue betveen the United Nations and the South African Government. 95. A I (e) Other pelitieal actions conf'Lrrm have be- 89. Apar-t frem the activities of SVlAPO and the National Convention, there have been an increasing number of protests orf,anized by various ~roups. 96. In Deve.Lor» 90. 11r. Gerson Veii ~ who is also a leader of SWANU, emphasized in the COUY'se of a of the i lectura tour of 80uth Afriean uníversities that for a 'Llaek man to be part of the dlssatii H I .. ~ eontrac· eeonomic and politieal strueture in 80uth Africa or "South Hest Africa , he must I -:" be prepared to suffer and sacrifiee. He added: "Oppr-easí.on in South Afriea ano. South Fest Africa has forced many eomrades to adopt violenee and abandon non-vioLence as a form of strur;p.:le." ~¡ '\ Re: ')1. In August 1973, 250 1 'lr.<:~~ students walkeél. out of, or were expel1ed from, 91 97. the Augustineum Co.lLege in T·Ti'.ldhoek. In a rresture of suppor-t , 120 students of exodus : the ~1artin Luther High School at Oko~bahe in Damaraland, deeided to stay away from figures classes in a "three-day prayer sympathy movement". It vas later reported that. only border officia: 14 of the 250 students ver-e to be readmitted to Augus't í neum Collep:e. In Sepbember , ,f the South Hest Africa Black Teachers Organization, known as SHASOV, asked for the erossin j maintai: readmittRnce of a1l the students expelled from the coller,e, reappoint~ent of a . J dd smí s sed black t eacher and resignation of the principal of the col.Lege "because I he does not care for the b1ack pU1?i1 s :l . 98. Hr exodus . 92. Unrest vas also reported in September at the Cornelius Goraseb School but no author-í detai1s wer-e avaí.LabLe , t rcops ' recruit people feared 81 GffieiR1 Beeords of the General Assemb1y, ~,¡enty-ei~hth Session~ Fourth mi1itia Comrn:i.ttee'l 2053rd meetinB ~ AlAC .131/GB.188. 9) There are eonflicting reports on this point.

-15- 93. The i1ler.al South African rér;ime in Namibia has refused to discuss these events. T'Tben seven delep,ates of SHAROV met with Mr. A. F. Gous , the I'Regional Director of Bantu Education in 80uth \~est Africa" J in Octiobei- to discuss the incident at Au~ustineum Co1le~e, they were to1d to 1eave his office or he would have them removed. 99. Namí.: 94. In Aueust 1973~ leaf1ets were distributed in Katutura callin~ upon African industry, workers to participate in a ~enera1 labour strilce. The leaf1ets read as fo11o¡.¡s: owned , Tl uranium al " •.• All Namibians are ca1led on to strike from todav unti1 such ti~e Namibia's also domí: as the Government comp1ies with the fo110win~ demands: 100. Desp: n ••• 11.11 Namibian po1itical prisoners on Robben Island, as wel L as those in Namibia, must be released immediate1y: General A: down by tl The pass and contract system must be abolished; extremely made new " ..• South Africa must remove all its troops from IJamibia Lmmedíate'lv ~ and Namibia must be f'r-eed": 101. One to .\:25 mi: mil ::These demanda must be met so that Namí bí ans can continue their work. ti in the approxima1 95. A government officia1, the "Administrator of South Hest Africa", 1ater domes t í c ] confirmed that such a 1eaf1et had been distributed. However , no action apnear-s to have been taken either by the workers or by the Goverrrment. 102. nine1 Tsurneb Cm 96. In Nove~ber 1973, Mr. Nan~utuuala, President of the Democratic Co-onerative Ltd. (CDl1: Develoument Party (DE lIlI\:OP), stated in Hindhoek that he intended to convene a meetí.nre 12 to 15 j of the snecial•. 1abour committee which he had estab1ished in order to discuss dissatisfaction over the 1abour a~reement introduced at the end of the strike of 103. Furtl contract workers in February 1972. productior for foreie

3. Exodus from Namibia

97. Reports are current1y reachinF. the United Rations Council for Namibia that an 104. r,70st exodus from the OvamboLand "bantiustiansr. into Anr:ola is under ,.¡ay. Reliable country. figures are not yet avai1able but at least 500 people llave apparently crossed the product i~ borél.er .lillei3a11y", includinr: Nr. Johnnv Ya otto, one of the principal SWAPO paid by tI' officials in Namí.b í a , South African police officials al.Ler-e that the people regime. 1 crossí.ng into Anr;ola are seekLng mil:i.tary traininr; in countries abroad where , the~r are beinr ,¡" maintain, SWAPO u,ossesses bases. I ,,1 .¡ ¡ 98. r1r . , the m-TAPO representative in London J stated that the 101 ] i the 80uth :[ exodus was a seque.l to a secret instruction sent to the Ovamboland "barrbust.an 11 !! 1965, espE ¡ authorities on 18 June 1974 (three days after South Africa announced that more ¡ t rcops were to be sent to Namibia) callinn; f'or the "barrtusban'' leaders to start ',1 g/ ] ; recruitin~ Africana for a border force. He werrt on to say that since many of the have been people in Ovamboland had been victims of flogrin~s and other barharities, they coa1, fe1s feared the prospects of further brutalization at the hands of an armed tribal ore (peta] militia and had therefore decided to flee. scheelite, quartz, an tantalitel gl e -16-

J_ II. ACTIVITIES OF FORBIGIT ECONO!1IC I1'1TEREDTS AI!D ECONOHIC CONDITIONS OF NAt1IBIAfTS ~

99. Namibia is rich in minerals, and its economic life is dominated by the ~inin~ industry, where a11 except possibly a few of tr.e sma11est companies are foreip,n owned , The principal mí.ner-al.e beinr exnfoí.ted are dí.amonda , copper, 1ead, tin, OrLo'in (; uranium and zinc, with diamonds 1eadinr in terms of va1ue of nroduction. 11/ Namibia's two other important economic activities, stockraisinp and fishinr., are Tsumeb e also dominated by foreir,n ownerohip and foreirn investment. Company, (R 600,c 100. Despite the termination of the mandate and notwithstandin~ resolutions of the General Assembly and the Special Committee, as well as the advisory opinion handed Otj ihase down by the International Court of Justice on 21 June 1971, Namibia has remained (R 23 mi extremely attractive to foreir,n investors. A larr,e number of foreirn comnanies have ¡ " made new investments in Namibia s ínce 1971 (see tables 1 and 2 belovT). Rossinr 101. One source has esti~ated that by 1972 the rate of invcstment in Namibia amounted over pe! to r25 million 12/ per annum, 60 per cent of which was invested for quick profits in the mininr: sector. The mininp indun~ry 0.0 a ",ho1e reported1y nrovides approximately 60 per eent of the Territory's exports, 50 per cent of the rross Bantu Ir domestic product and 70 per cent of namibia's "public revenue" throuf;h taxation. (approxí

102. ITinety rer cent of Namibia's mineral output comes from the mines owned by the I " South Aj Tsumeb Corporation, Ltd. and by Consolidated Diamond f1ines of South Fest Africa, ¡ : (R 112 r Lt.d , (cm), both of whdch expect to exhaust their ma.lor reserves 't'lithin the next , i 12 to 15 years. \' South WE 103. Further efforts to attract new investments in the r:irdnr sector and to Lncrease ¡J) i Corporai production were undertaken in 1973. new 1e~is1ation vras adopted makinr it easier in 1974: for forei~n investors to obtain mininr concessions on more favourab1e terms~ DepartmE (R 10 m: A. Forei~n investment in Namibia Total ­ 104. Most of the profits derived from foreir,n-owncd companies are sent out of the country. Accordinr to press reports, at least one third of Namibia's r,ross nationa1 ,[ (1973) forei~n I~ininn \ product is exported as profits by companies. At the same time, taxes :1 paid by the com~ ~nies serve to pay for the maintenance of the i11ega1 occuuation , i ! "¡ FLUSWA l regime. As noted above , the rate at wlrí ch the irrer1aceable resources of Famibia are beinr depleted is very high. f I South A: J I taken dE 10/ In an attempt to concea1 the actual socio-economic situation in Namibia, of R 55( the 80uth African Government ceased publication of statistica1 data on Namibia in 1965, especially prohibiting pub1ication of information on the mininr industry. South A: 11/ In addition, important occurrences or deposits of the follo'tvin~ minerals have been located in Namibia: barium, bery11ium, cadmium, cassium (pollucite), coal, felspar, f1uorspar, ~raphite, kiese1~uhr, 1ead, lilnestone, lithium, 1ithium ore (petalite), marb1e, mica, nickel, phos~hates (r,uano), sa1t (sodium ch10ride), scheelite, semi-nrecious stones (chalcedony, jasper, soda1ite, tourmaline, rose quartz, amethYRt, quartz, blue a~ates, a~ates), sillimanite, slate, t~ntalite/columbite, tunr,sten (wo1lastonite) and vanadium. 12/ One pound sterling U:) equalled $US 2.31 as at 12 September 1974. -17- Ta.b1e 1

Comnany

~I Ori~in and size of investment Pro~ects Messina Company, 1. Tsumeb Cornoration/South West Africa Head office in the United Kinrrcloro of Company , Ltd. (SHACO) consortium Great 13ritain and North0rn Ire1an,1. Geo10r;icl (R 600,000 al in 1973) .Con8ortit~ plan~ to open a copper mine

0tjihase I'<1ininp Company (P'ty.), Ltd. Conner-zinc mine to be set up by (R 23 mi11ion in 1973-1975) Un í t.cd P,tatcfJ and South African Mr. B. H :i nterest r,

Ross inr, Uraniuro, Lt d, (R 150-2ClJ mil] ion N~w uranium mine beinrr set up with over period 1971-1976) United Kí nr-dor- and Gouth At'r í can interests Gouthern (South \.Tl Bantu Investment Corporation Fresh-wat.er- fi shí nr" pro,j ect. 80uth (R 20 mi: (approximately R 1 mi11ion) Afric~n ~ovprnment corporation 80ciété 1 South African Government 80uth African Government' s j.ar-t í ci patíon d ' Aquita: (R 112 mi11ion froro 1973) in Cunene niver basin hydroelectric scheme De Beers 'i, of fiouth South West African Water and E1ectricity Power stationr. and distribution systcm. Corporation (SWA~~K) (R 10.7 mi11ion South Africrun F-overnment department Chevron ( in 1974)

Department of Water Affairs Central Namib wat er s cheme . ~~outh (R 10 mi11ion from 1973) Afric~ rovernment dppartrr.ent

Total - Compagnie nuc1éaire et miniere O"med by the Com~arnie franqais~ des Etosha PE (1973) r:étroles of Fr-ance : has purchased lO per cent of Rosni nf" Urnnium, Lt.d , Getty Di] FLUSWA (1973) New f1uorsnnr min~. Ownership unknown

South African Government (has renorted1y Uranium enrichrrent n1ant to be located Continen1 taken decision to po ahead with investment in Soutll Africa; uranium to be obtained of R 550 mi11ion) from Namfbía Phil1ips

South African Government Nuclear power station to be locate<1 in Aracca E:> South Africa, usin~ enriched uranium derived from Namibian uranium ore Mi1ford J

Texas GuJ al One rand (R 1.00) equa11ed *US 1.44 e.s at 12 ~0'ntpr"'b(3r 1°7l~.

al I money on -18- Namibia.

- 1 Table 2

Namibia: fore:i.rrn investments in proBnectinf!' activities §?:..I 105. The in the n Comnany Activities and pro.; ects main SOl. African Messina (Transvaal) Development Discovered large copper and zinc Company , Ltd. deposit; South African ownersbíp

Geolo~ical Survey Division Study of a coal field in Ovamboland, completed by a South African r,overnment 106. The department Namibia. in the e Mr. B. H. du Preez Discovery of cff-shore anthracite field. Mr. du Preez is a South African De Beer~ inc1udir businessman who is also prospectin~ for R 74.5 n petroleum in Nami bí a R 920.7 in 1971. f10uthern Oil Exploration Corporation Prospectinr for petro1eum in Namibia. I ~ (Oouth \!est Africn) (Pty.) (SVlAKOR) South Africun r.overnment corporation I ( (R 20 million in the period 1966-1973)

Société natíona1e des pétro1es Prospectin~ for petro1eum; French d'Aquitaine (Aquitaine) ownership 107. ThE the oper its Tsun De Beers Conso1idated Mines, Ltd. ProspectinR for petro1eum; South African Tsumeb ( of f10ut h Africa ovmership quantit) Chevron Oil Company Prospectinp for petro1eum; United earned 1 States ownership

Refent Petro1eum Company Prospectinr: for petroleum; United States ownershin

Etosha Petro1eum (Pty.), Ltd. Ho1dinr petro1eum concession area; Canadian ownership

Getty Oil Company Prospecting for petro1eum; United States ownership Le€ COI Continental Oi1 Company " Zir Phi11ips Petro1euM Company 11 Cae

Aracca Exploration, Ltd. Si]

Mi1ford Argosy Company Signed 1ease for pet l~~J1eum concession 80l.: area; United States owner-shfp He", Yor~- ¡ .1 Texas Gulf Corporation Commenced dri11inr; for petro1eum; f Unit.ed States ovnershlu

al Dur ínr: the period covered by this r epor- b , t.lic l: v lIIllu rd ('oH 1i stcd were spending moneyon prospect í.ng whi eh, i f aucces s f'u I, <"'(")111 <1 1 Pft<1 tú substantiaJ investiment in Namibia. -19-

,"1 '

,4· ,.,. B. Exploitation of Namibian resources by forei~n-owned comnanies

follO'tdn~ 105. The section summarizes the s í tuat í on rer;ardinr: foreir;n investment in the most important branches of the mininr industry, which continues to be the main source of exporte and the principal source of revenue for the ille~al South African rer,ime in Namibia.

1. Diamonds SOUl

106. The extraction of diamonds is the ~ost im~ortant sin~le mlnln~ activity in 100 .. The Namibia. Sinee 1971, CDM has become practically the sole nroducer of diamonds its Lead, in the country and is a principal souree of gem diamonds for its parent company~ Brandber¡ De Beers Consolidated Hines, Ltd. of South Africa. The net profit of De Beers, company 1 includinp its subsidiaries, inereased to R 237.5 million in 1973, from 'l'sumeb , ; R 74.5 million in the precedin~ year. Total diamond sales amounted to R 920.7 million in 1973 compared with R 655.5 million in 1972 and R 446.4 million in 1971. 109. Wor] at RossiJ 2. Base Metals added to ore rese: 107. The second most important mining activity in Famibia, in terms of value, is enough t< the operation of the Tsumeb Corporation, which produces copper, lead and zinc at annex VI: its Tsumeb, Kombat and Matchl.eas mines. The averas-e annual net earninp:s by the Tsumeb Corporation durinr the period 1963-1972 a~ounted to R 12.9 million. The 110. Soui quantity of metals produced by the company in recent years, as well as the profits process, earned by it, are shown in tables 3 and 4 below. the Soutl prepar-atx would eVE Table 3 to some J the che a] ITamibia: production of recoverable metals in concentrates by the would be Tsumeb Corporation~ 1971-1972 the UnitE on use e' 1971 111. DeVE Lead (short tons) 66,800 54,800 in the ce deveIopmi Copper (short tons) 27,400 19,400 Zinc (short tons) 8,200 4,700 112. A rE and Deve, Cadmium (pounds) 536,700 438,600 that it 1 8ilver (ounees) 1,181,627 1,110,700 exp1orat: is highlJ "the rel~ Souree: Heport on Tsurleb Corporation~ Limited, American Neta1 C1imax, lnc., llew York, 1974, p. 3. "a SOurCE new mine]

13/ see annei

-20-

I(-·~ • Tab1e 4 ¡ 113. TIH ! in 1970 Namibia: earní.nr-s of the Tsumeb Cor oratLon , 19r(1-1 72 ,j Ltd, if (milIion rand valued l

1971 1972 11l~. The in 1973.

~.o ~ Net profits 7.1 J RTZ. Fe Gover'nms Dividends 10.0 3.7 occasior r-e-examí Source: Report on Tsumeb Corporation, Limited, p.4. ¡ I 115. A1i 108.. The '::suneb Cornoration/South Hest Africa Comnany Ltc.• has continued to onerate nuclear its lead/vanadate/zinc mine at Ber~ Aukas. Although it has ceased production at the J ¡ inc1udir Brandberr: Hest tin/'t'Tolfram mine, "nenddnr: an Lmnrovemerrt in metal prices", the ,1 ,I the Uni1 company has pressed ahead vrith nev Lnvestnente in Namibia, in partnership with enrí.chme 'l'sumeb, 13/ capabí Lí

3. Uranium 116. Fu! Africa t 109. Work has continued on the large-scale deve10pment of the open-cast uranium mine referene at RossinF" near Swakopmund. The reserves are estimated to be 100,000 tons, which, pro.."J, f el added to reserves already discovered in South ll,frica, would bring the total ur.~Eium ,I the Non- ore reserves currently under the control of the South A.frican rerriPle to 300,000 'tons, 1 enough to satisfy one third of the anticipated wor1d demand in 1985 (see also annex VII to the present report). ¡I ( 110. 80uth African scientists have reportedly invented a new uranium enrichment 117. The process, details of which have not been disc10sed. In June 1973, Mr. Piet Koornhof, African the South African Minister of Mines, stated that the Government had decided to begin \ the off­ preparatory work on the construction of a ful1-scale uranium enrichment p1ant, which found ir would eventually produce about 2,400 tons of enriched uranium per annum. According SWAKOR. p1a~t to some reports, the enriched uranium from the South African may prove to be .¡ in anneo I t the cheapest in the world. Furthermore, it is believed that South African policy jo' 1- vi I would be to sell uranium without restrictions, in contrast to the policy pursued. by , '\ the United States, now the principal supplier of uranium, which imposes restrictions on use even if the uranium is sold to a third party. !, 1 118. The 111. Development of the huge mine' at Rossing, referred to aboye, should be viewed i ¡ i Africa :; in the context of the world energy situation in general. In the wake of latest '1 are invc developments regarding oil, nuclear pover programmes may now be greatly stimulated. ¡ fish-prc 1 of Co Lot .¡ 112. A report fram the Nuclear Agency of the Organisation for Economic Co-operation review, and Development (OECD) and the International Atomic Energy Agency (IAEA) conc1uded ,1 ¡ previous that it was "essentia1 that urgent steps be taken to increase the rate of '1 exploration for u...·anium so that an adequate forward reserve may be maintained". It \ is highly significant in this connexion that certain press commentators consider that ,1 ¡, "the re1ative1y stable po1itical locations" of the bulk of world reserves had been ,¡ "a source of comfort for future energy supp1ies", and that South Africa is "ideal fol" ¡I 119. As new mineral finds from a po1itica1 viewpoint". 0\ ! are tote ¡ Labourer 1 i¡ the beat 13/ For more details on the mining operations of foreign companies in Namibia, ;¡ 60 yea.rs see annex VII to the present reporto tI \¡ con í'Inec ¡ I -21- 'í :1 I .1 ~¡ ~~ 113. The principal contract for the sale of ur aní um ore mined at Rossinrr was siened 120. Vir in 1970 between t.he Río Tinto Zinc Corporation, Ltd. (RTZ), of which Rossinr; Uranium, from cat Ltd. i s a subsidiary, rmd thc Uní.tod KinF.dorn Atomic Energy Authority for 7,500 tons valued at approxdmat.of v R '75 million. 121. Acc reared i lt 114. The foreipn policy section of the Labour Party's "Pror;ramme for Britain , issued 1972. rr in 1973, promised that the next Labour government would terminate the contract with Namí.bí a. RTZ. Followinr, elections in the United Kinrdom and formation of a Labour Party Government, spokesmen for the tTnited Kinrdom Government stated on a number of 122. The occasions'that British policy towards Namibia in all ita aspects was beinr. fur mar) re-examined. half tihe Africa. 115. Although 80uth African public figures have been stressing the benefits of a Federal nuclear proeramme for 80uth Africa and Africa as a whole, a number of newspapers, lTuly 191 \ < ¡:~le 8n0rtl'F~:r ff including TirleG c)f London nnd Thc 'i'c011í'r'1 nt, r n \'T011 rw a 5,11 cakendar , .'1' r the United Kinr,dom House of Lords, have expressed the view that the uranium 1 \ I 'j} enrichment plant described aboye would give 80uth Africa a military nuclear ,\ capability.

116. Furthermore, the South African nuclear pro~ramme has led to concern in East 123. Acc Africa that South Africa might already be manufacturinr atomic bombs • Particular imports reference was made to the dan~er of nuclear fall-out from bo~b testin~ and of nuclear r.32.6 mí proli.feration. 'it will be recalled thn.t South Africa has not sir;ned the Treaty on period t the Non-Proliferation of Nuclear \']eapons which came into effect in 1970. Namibiar

4. Petroleum

117. The activities in this sector, which has strateeic importance for the South 124. Def African régime, have continued to be limited to prospectin~ for petroleum, mainly in describe the off-shore areas of Namibia. A deposit of natural r,as was reported to have been in jeop~ found in February 1974 in the off-shore concession area held by Chevron, Texaco and of the ( SWAKOR. Details of the activities of other companies in this field are reported in annex VII to the present reporto 125. ThE subsí.s tr conform 5. Fishinr; predomiI economy 118. The initial investments in the fishin~ industry were mane by whites from 80uth cont'Ine: Africa and IJamibia. The profits from these investments accrue to whites; Africaps are involved only as migrant workers employed on contract as unskilled workers in the 126. It fish-processin~ factories mainly at Walvis Bay. The only exception is a small group in many of Coloured sailors who are al10wed to work on the fishinr boats. In the year under fairly : review, catches of all species of fish have Lnc reased, partly as a result of subsds t. previously adopted conservation measures. boundar: of the } the mo: 6. Aariculture and livestock African: of work: 119. As in the case of mining and fishing, ar,riculture and stock ralSln~ in Namibia are totally controlled by whites, with Africans emnloyed as shepherds and farm 127. Tht labourers. The application of apartheid practices has resulted in a situation where per cerr the best farming land is reserved for white ownership; in the course of the last Namibia 60 years Africans have been deprived of these lands and have systematically been natural conf'Lned to the r;enerally unproductive and arid aren.s oí the country. fields '>

-22- 120. Virtua11y the total revenue of the co~mercial a~rieultural output is derived 128. Ir from eattle raisin,.,. and karakul, farmin(" coneentrated amena about 5,000 white farmers. leave 1: least s 121. Aeeordin~ to the South West Afriea Meat Trade Control Board, ~ale8 of cattle the ri{ reared in Namibia amounted to 501,500 head in 1973, compared with 583,168 head in 80 per 1972. The drop in salea represented a 1088 of about R 10 million for farmers in Ovambo) Namí.bí.a, 129. Ii 122. The second larr:est ar;ricultural activity in Namí.bfa is the production of karakul inadeql fur marketed as "Pers í an Lamb'", "asrtrakhan" or liSwakara". Namí.bda produces over South J half the world supply of this fur, mainly for export to countries other than South a stat: Africa. Its principal customers are Fr-ance , Japan, the United Kí nrrdom and the I amount Federal Republic of Oermany, The vafue of karakul. exports for the seven months from I The le' tTuly 1973 to January 1974 vas R 99 rtlillion, compared with H 1+5.6 T1illion for the Kíngdor calendar year 1971. operat

l3G. n 7. Trade by the shi:"'t , •• 123. According to the United Kinr,dom Department of Trade and Industry, British I t; muen. imports of hides, skins, furs, meat products fro1'\1 Namibia in 1973 totalled .t32.6 million (&:23.3 million in 1972), while exports to Namí bda durinrr the same !: period totalled &:0.5 million and .tl. O mi~lion resp'::ctively. Data concerrrínz Namibian trade with other countries are nut available.

CI l~ T: 124. Despite the massive investments in l'Jamibia, the exploitation of mineral riches described above has not benefited the Namibians whose future has in fact been placed in jeopardy by the continued extraction on an ever-increasin~ scale of the resources of the country. The re' $US 68' 125. The remains sharply divided into two sectors, namely~ the month subsistence and the money eeonomy sector. To a considerable extent, the two sectors whites conformto distinct geoeraphical areas of the country, with a money economy 20 per predominant in the white area and the black tOvffiships therein, and the subsistence taxes . economy prevailinr in the "barrt.ustana'' to which the African population is larr:ely confined. 131. T which 126. It is important to note, however, that i.n Ik~~'1ibia, corrtxarv to t.he situation Africa in many countries whí.ch possess a dual economy and where the two sectors function regula; fairly independently, the South African rérdme has continually maintained the this O subsistence sector by confininr: the Africans to "bantusbana" and drawing the jobs, boundaries of the white area in such a way as to include al1 of the known deposits employ of the principal minerals. At the sarue tiwe, the subsistence sector is essential to every the money economy in its present forro, as a source of abundant cheap labour. mechan Africans are in fact allowed to leave Lhe "barrtus'bans" only· for the express purpose (cager of working as migrant labourers in the white areas.

127. The arid "barrtustans" cluster larpely in the northern thircl ('If Fanihí a , Fif'tv 1 per cent of all Africans live in Ovamboland alone, which takes up only 8 per cent of New Yo Namibia' s total land area, It I s significant that this area is without any known natural resources. In contrast, the entire white area incorporates the diamond 1 fields, copper mines, rich agricultural lands and fishin~ norts.

-23- i .

\~ .. -

y;nvit?~1l!i!!i!! i!..SL~--ilj!iii.. "__~ rl' .... 1 128. In order to earn a livelihood and to be able to pay their taxes, Africans must leave their families and obtain a permit to leave their so-called "homelands" for at thus ej ye~·.· least a and go 'to work in the white area, which they would otherwise not have clerice the right to entero Generally spewting, mip,rant labourers on contract make up about the UP6 80 per cant of the labour force in Namibia with the bulk of them coming from white € Ovambo Land, job le, 129. I¡; is reported that the migrant labourers' payo is in many cases lower than thQ 132. Ti l' ;.( inadequa~e wages paid in South Africa. It should be noted that African wages in exampf.e South Africa are frequently considered to be below the so-called poverty datum line, whites a statistic devised by South A..Clrican uní versities which measures "the lowest possib1e [1 given ~ .I amount on which a fami1y can 1ive under humanly decent conditions in tne short runflo j .¡ r ecedve ,;/ The level of these wages has i-epor-tiedl.y aroüsed sharp criticism in the United As far í ~\ Kingdom Parliament and elsewhere of the practices of British and other companies l ( for a 1 , operatring in South Africa. The con misconc 130. It has been reported, for instance, that underground mine labourers employed white E by the Tsumeb Corporation in Namibia are paid about 65 cents (South African) per insuren shi:"t, which amounts to about $US 7.65 a week; many farm workers e arn only half as muc~. outlay As reported by AMAX in its Report on Tsumeb Corporation Limited: 14/ tennis, flying "During the last six months of 1973, the average inclusive monthly wage Africen for Africans at Tsumeb including both cash wage and the value of non-cash expenss benefits such as food, housing, medical services, etc., provided by the are ne' company , was about R 69 per month. African workers at TS'lmeb received a basic cash wage increase of about 27 ~er cent in February 1972, and another of 133. At 15 per cent in April 1973 - the sixth ~nd seve~th increase in the past decade. or othe Tsumeb's minimum cash wage as at April 1973 was R 24 per month. The average or &. CE cash wage during the 1ast six months of 1973 was R 36.40 ($US 54.25) per or botr. month." 134. Ur The report also states that average approximate monthly wages for whites were 80uth A $us 685 in Apri1 1973. 15/ A white shift supervisor at Tsumeb earns $US 561 per status. month and a mine captain earns $US 663. White employees generally earn more than the whites in South Africa, a ref1ection of the higher cost of livin~ in Namibia (about 20 per cent). Furthermore, whites pay out a lower percentage of their income in taxes than do Africans.

131. There are a number of laws affecting employment in the ~n~ng industry, sorne of which date back more than 30 years , One exarnple is Ordinance No. 20 of "South Hest Africa", the "Mines, Works and Minerals Ordinance", last revised in 1968, and the regulations made by the "Administrator of South West Africa" under provisions of this Ordinance, which govern all aspects of mine operations, including assignment of jobs, reeulation of all technical aspects of rnining and re1ated activities and sorne emp10yment practices. These regulations require that mining employees in nearly every position of senior responsibi1ity, such ~s mine managers, mine captains, mechanica1 and electrical engineers, surveyors, shift supervisors, onsetters (cagers), and hoist drivers (for conveyance of men) , must be white. The regulations

14/ ~eport on Tsumeb Corporation, Limited, American Metal Climax, Inc., New York, 1974, n. 13. !2! Ibid., p. 16.

: ;, -24- '1 : 11 di i'~~¡I l° ,

~.,<.~~ ••".,...... "._. _.-" ._~~ __ " ~ ,0-, ~'. ._.~._,.__ ,_.... ., , - - ...,...,:'. . e-lJi.... ).... rV thus effective1y 1imit b1ack empl.oyees to unski11ed, semi~skilled, service and l' 1,. ' clerical positions. Furthermore, the white Mine Workers Union is also opposed to t- the upgrading of the job categories of black employees. The gap in wages between Ir white and black is thus exceptionally wide, even taking into account differences in job levels.

132. There are also reported to be major differences in Ifnon-cash benefits". For example, at the Tsumeb Corporation, Africans are given a small bunk in a barracks; whites receive a free house or a subsidized, furnished apartment. Africans are given seven days of paid leave at the end of each six-month contract period; whites received 30 days of paid vacation, plus a large bonus after one year's employment. As far as medica1 care is concerned, Tsumeb's responsibility to Africans is only for a pre-emplQy.ment~ check-up and matters not covered by "workmen' s compensation". The company has no obligation "where illness or injury is due to the employee's own misconduct or actions". The families of Africans are excluded in all cases. For white employees, the company pays for life insurance and subsidizes medical insurance, which also covers members of their families. And finally, the company's outlay on the long 1ist of recreational facilities for whites (including golf, tennis, bow1ing, cricket, swimming, rugby, soccer, skittles, squash, horse ridin~, f1ying and a modem cinema) is considerabl.{ larger than that for those provided to Africans. In addition, sorne whites receive money for their children's educational expenses, a privilege not granted to African ernployees, whose children's schools are never free and often hard to reach.

133. At the same time, it is illegal for Africans in Namibia to organize a. union or other industrial workers organization. The punishrnent for trade union activity or ~ call to strike is a fine of up to $700, or imprisonment for up to three years, or both.

134. Under the system of apartheid - economic, educational and social - applied by 80uth Africa to Namibia, it is thus impossible for Africans to improve their low status.

) f .1 I

J

-25-

_o. ,__...~_."_"_ ..'~~ __ '_H~_' __~'" ...__..• ...~~.. r-; . ~ . " J.io.\ new secti 135. Durinr 1974 and 1973, 80uth Africa, in ñcfiance of intcrnational law, continued suggestin ":~:·.I't f~" t o apply i ts laws, practiccs and pr-oceduros t.o Namfb í a ; to trnnsform thc u.-t, f· ¡, Sub\1ects into so-cal1ed "self-rr,overninr; areas" and to sunpress opposition to its rule. (a) (b ) (c) 136. Durinr; 'the 1973 and March 1911" sessions l.(~/ ,If ~.lw f'outh Afric:an PanLdamcrrt m~1J1V n~'\o; l~!'vn~, «nd \ Itlln'·7:1 by <1lnC'udmr>nt, '''I·1't'' llUrnOrtl:'dJy '~1T'T'].ir·r1 t.o lkl.mildn. J... (d) tht·t.~t' '~nllt',"r¡c1 'l í a t o f In.'''R .í n ann.-x Fl I Lo t1lv prr:r'l()nt rc:nort. (e)

137. The purpor-ted app'lí.catdon oí' laws to Namibil1.r:ives sorne indication that the ( f) country has now been substantial1y interrated into the 80uth African le~al system: ( g) of the 80 laws enactcd in the 1973 session only 27 reportedly applied to Namibia or applied other laws to Namibia. Accordin~ to roports, only two of the 32 laws enacted (h) durinr; the March 1974 session, applied to the Tc:rritory. The rest included private, (i) local and temporary laws, as well as amendments to ler,islation already applyinr: to Namibia. (j) Amendmen1 138. ::LVi':> of the laws applied exclusively to Namibia: the "Trademarks in 80uth Hest Africa Act", No. 48 of 1973, hirhly technical ler,islation which brinrr,s the Namibian 142. Sec1 trademark law into line with 80uth African law; and the "Development of insertin~ Self-Government for Nativo Nations in 80uth Hest Africa Amendment Act", No. 200f ccr-baí.n 1 1973, described below. are car-e: African J 139. This 19Act" amends Act No. 54 of 1968. The "Ní ní ster of Bantu Administration and Development" has described it as "enabling ler:islation ••• t.o prorot.o t¡le 143. Thw further constitutional development of the reBions concerned, with due allowance for and povei the specific nature of each". 17/ In fact, the so-called "constitutional they wil: development" is designed irrevocably to divide the people of Namibia by giving them The juri: sufficient stake in the hollow shell of "self-government" so that they will not want to co-operate to form a unified Namibia. 144. New rubric, ( 140. The amendment "Act" begins by redefininr: the areas of the Damara, Herero, provides Kaokoveld, Kavango , and Ovambo "homeLands " in terms of recent member o: proclamations, rather than the older laws. 'I'he major difference from the 1968 through } definitions is that, under chapter 1 of the amendment "Act", a new section 2 (3) stipulates that a strip of land is to be withdrawn from the Kaokoveld. 18/ New 145. New section 2 (2) of the same chapter contains the most significant provision, in that "self-go' on whicll it r-r-ov 1. J.'.::S tr.~i t tht~ .:.'tf"tt t: r .c()!} i rlcmi.. r:¡'w chmF"'~; anv boundarv of ti, "nomeLan-í " by sir.-r:lle: prcc l~trf'~'.t i cn , yrithnut r(~f('r'mc(' te I'ar-Lí ament. 19/ transfer: previous. competen, 141. 8ection 3 of chapter 1 of the amendment "Act" extends the competence of the "homeland legislative councils" by insertinrr a new section 5A in the 1968 "Act". Under section 5 of the 1968 legislation, a "ler:islative council" was empO'wered to 146. New members 18gislate on some two dozen subjects listed in a schedul attached to the law. The Presiden

16/ Parliament proro~ued on 15 March 1974 for elections; the second 1974 147. The

"e.c' "~,o J' l' Yl f'Y) 'J • .., ..J .."..I ..J ..... ('T..J r,rlr.rl... ~.. .r c: t: Auzus'tf.;''':. areas wh

17/ ;7, :-'-;~:_ ..2_.f~ ¡\ ~,r;t"~rfbl v Df:l;n.tf~n (}Tn,nBrtr,]), Ir ii'ehruarv 1°73, coLs, 788-780. 18/ Ibid., 20 February 1973, col. 995. 19/ Ibid., 16 February 1973, col. 789. -26-

1 " ~_-~..l- , _

--1'--- new seetion 5A speeifies the subjeets on whieh the eouneils may not legislate, a. no.ti

(e) Posts, telegraph, telephone, radio and television; (a) (f) Railways, harbours, national roads and civil aviation; (b) (g) Immigration into "self-governing areas"; in the a: (h) Finanee, banking and finaneial institutions; I ' (e) (i) Customs and exeise; (d) date) ; (j) "The amendment, repeal or substitution of this /the 1968 Native Nations Amendment Act/ Act". j (e) ;1 (f) 142. 8eetion 5 (ehapter 1) of the 1973 legislation amends the 1968 "Aet" by , I inserting new seetions IDA through lOJ after seetion 10. These new seetions grant (g) C'crtain powers to the "legislative eouneils" and their "exeeutives"; but the powers (h) are earefully hedged around with proteetions for whites generally and the South Afriean régime retains ultimate powers. (L) (j ) 143. Thus, new seetion lOA provides for handing over eertain judicial funetions and powers to "homelana" eourts to be ereated by the "homeland" governments. But (k) jur~8diction \ they will have no over whites, who will be heard by white eourts. (1 ) The jurisdietion of sueh eourts is limited by new seetion lOBo (1) (a). (ro) 144. New seetion lOBo (2), although plaeed in a seetion whieh, aeeording to the rubric, deals with "eourts estiabLí shed in terms of a 1aw of a legislative eouneil", 11+9. New provides that enaetments of a "legislative Couneil" may be enforeed against any or amend il member of the "nation eoneerned who resides outside the "homeland" but in Namibi&., "counc í I.' through proeeedings in a territorial eourt in the distriet where he resides. '1 nrovides , .~ :\ area" mu 145. New seetion 10F transfers from Pretoria to a "homeland", on the date it beeomes I "Ministe ,I'¡ "self-governing" under the Act, administrative powers and duties coneerning matters Presiden- on whicll the "legislative Council" is empowered to legislate. Section laG I transfers to the "execut::ve eouneilli as of the same date powers and functions 150. New previously vested in the "State President" whieh relate to matters within the ¡ or-d.í.nancr eompetenee of the "lcgislative eouneil". "home.Lanr legislat: 146. New seetion 10I makes Afrikaans and English and one other language used by with whi( members of the "nationll involved and reeognized by proclamation of the State President the official languages of the area concerned. 151. !'Tew concerrrí: 147. The remaining amendments, grouped in chapter 2 of the amendmenr "Act", apply to the forml areas which have achieved "self-governing" status. 20/ In addition to providing for African 1 for appet

20/ Ibid., col. 790. 1~2. New the Sout1 -27-

n' -p-"' ,. m- • ~. "f" , -~- ..-

..--.;: , . ~]!l!'''!<:::-aiil1\~~':''''-i: ." " )1 a nati~nal fla~ (new section l7B) end un nnthüm (new sccticn l7C), thcy provide that "homeland the "executi1"e" govurnmerrt of a "self-eoverning area" shall be vcstcd in a "cabd.net," the South consistinr,; of a "chief minister" and other ministers, chosen from members of the c:oncerned "legislative council TI (n01'r ucct íon J 7H. (1».

11tH. New section l7E (1) (a) empowers the "legislative counc í L" of a "self­ governing area" to make laws not inconsistent with the 1968 Act, as arnended: the following subjects are added to the competence of such "councils" by thl..: 153. The o.mendmcnt. "Act" (chapter 3, section R): No. 70 of other fun (a) Municipal institutions, and tribal~ comrnunity and regional authorities; the Terri functions (b) Control, organization and administration of such part of the police force are grant in the area as is transferred to the area government; in "any a (c) Legal aid; and to op document (d) All health matters, including hospitalization (at an undetermined future security date) ; powers ma 1" (e) Local entertainment tax; l~¡lj. The (f) Licensing, regulation and control of places of amusement and recreation; provides (g) Auction dues; Developme prospecti (h) Control of racing, betting and wagering; South Wes' (i) Libraries and library services; includin~ such mine (j ) Places of public recreation or of historical or scientific interest; (k) Cemeteries and crematoria; 155. For "self-eov, (1 ) Tourism; to produc (m) Housing schemes. the perqu identical 149. New section l7E.(1) (b) (e1ta:rtür 2) onr-owor s thC' "J.(lfl'jnl""tive Counc í.l " t.o repeal road regu or amend arv act of .t'arliamcmt that relRteF, to a mattcr within thc compot.oncc oí' thl' by South "council". This provision must be read with nev section l7F, however, which provides that any enactments of the "legis1ative council" of a "self-governing area" must be submitted tihrouzh the of'f'Lce of the "Commissioner-General" to thf-' "Minister of Bantu Administration and Deve1opment", for presentatior to the "state President" for his assent, and no enactment sha1l becorre 1aw ~vi thout i t.

150. New section l7E (3) provides that ther~after new acts of Parliament and ordinances of Namibia's white "legislative assembly" shal1 not anply to the "homelands" if they deal with matters within the competence of the "homeland 1egislative councils". An exception is made as to certain financial matters, with which new sections 17J through 17P dea1. j 151. New section 171 (1) empowers the "State President" to make regulations concerning the creation of a "high court" for a "self-governing area", similar to the former High Court of South West Africa, and to second a judge of the South African Supreme Court to serve as a judge of such court. Subsection (5) provides for appeals to the 80uth African Appellate Division. , ?d/ fJ 1j2. New section l7Q provides that the "State President" may, by proclamation in the South Af~ican Gazette, transfer pab1ic lands and pther property located in the

-28- , ,j ,I

.?f.2~iiE:"::::-:-,- ,----,­ li:q f • ·;1-··'· "

"homeland" which have been vested in the republiean or territorial Government or the 80uth Afriea Bantu Trust to the "Government" of the "self-r;overning area" concerned.

Othcr lcp.isl~tion

153. The "Railways and Harbours Acts, Amendment Aet, No. 47" of 1973 (amending Act No. 70 of 1957), creates a South African Railways police force which has, among '~he other functions, preservation of the internal seeurity of the Republie and 11)P. A: the Territory of South West Africa ••• " Although the force is to perform its .veur l l )' functions "upon the railways and at the harbours" (new section 57A (1)), members ~'t:'ll')l'll'\ • are granted snecific powers to stop and seareh any person suspected of en~aging ~!ami Iví a in "any activity adverse to the internal seeurity of the Republic or the Territory" Nn.tionr. and to open and search any package or container suspeeted of containing "any uct í.on : document or article the dissemination or use of which may be adverse to the internal /\1"1' í ca' security of the Republie or the Territory", vrlth no limitation as to where those powers may be exereised (new eeetion. 57A (3) (e),- (~)).­ 1511 . The "strategic Mineral Resources Development Amendment Act", No. 14 of 1974, provides that money in the aecount created by the "Strategic Mineral Resources Development Act, No. of "shall be used •.• for the promotion of 1"7 • l' 88" 1964, a !lt",.... f prospeeting and mining for strategic minerals in the Republie, the territory of syst ema South West Afriea (including the Ea.stern Caprivi Zipfel) and any other territory, _,'\ includinr, any area in the sea, and for the recovery, refinement or processing of 1 ",,' . such minerals or the promotion of such reeovery, refininp. or processing". 21/ issued rr~va.iJ. 155. For the first time sinee the ereation of the "home'l.ands " which preceded Aí'r í car "self-Boverning areas", "legislative couneils" of the "Native nations" have begun , , , puo.... lC to produce enactments whieh go beyond a simple bud~et or a measure to increase the perquisites of ehiefs and headmen. The "eouneils" are beginnin{! to enaet "Tr identieal laws on subjects such as homeland citizenship, lieensing of traders and '\ cut road regu1ations. It is obvious from their simi1arity that they have been dietated re€ by South African "advisers". t.he it~ ,~ in~ , \ I un: flc +'1'... !,

.L/:/."\ c:.:"" ad1res: ••~.a~1.<1:,J)' de-:'er..t:

c~·;.rts r~~li(:y 'lr::ci:d 21/ The uranium mines in Namibia are discussed in paras. 109-116 abovo , ir~ tl fu t..:/..:t ir;r. "ri':~ ir'. ~r.t: ~i r -29- ..

.,_...!s~~.i'!i'S"·:"i:t.?

.~ ': 1 . ,,'" ,_.. ,- - .., '~,....;";¡;;.. "... ~",,.~ -: ······, !,.

" ; f,,1 tI .); ~. part of 1 }\ Nnmil)in. 1 or t he p<

commun í t;\

1. FXl'p:1tnHo: 1\Nl' CnN1l1':MNNI'TI)fJ (He' ~iIHl'l'II 1\1"HTCJ\'¡i ILJ,I'~nl\J,I'lJl':::TtflC:I': 1N NJ\rn H11\ 1\NI1 lWI.J\'l'l':ll lUo:l'H]o:[ :~n VI': l'OL1CII·:n

1t 'l. Th~ l.r;t~. f\t~ "l:W ntntt'd in llarnp'rnl'lw 1'( 1,0 ~~ n1H>vII, t.h« lnnl. mont.hn ot' 1~}T1 nnd t.h« 80uth Af) ~~t\ar l\h!l.rlll'tt'ri~~t\ll lllrrb '''Pl't' by nn H('('C'1t'rlLt:i'11l of t.hr- rpprl'fwion 01' t.h« Ilnmi bi nn Council E o, ~'f\\."l'lt'. fl'ht.\tH' w..'t:~ Wlll'l\ l't'l'l'lItl'aL('c1 hy t.llt\ i IIp¡ral :~outh 1\1'1' Ican r(.,rirw' in " ~ku!libin, r e í t.hor ,iil't'{'tly \.>1' 1.h1"O\1l h fw>-cnllpl1 "t.r í bnl nut.horítr-o", 'I'h« l1n:iLf'd "(1: Nn.ti~"'nn C\"lUlt'il t'or Namí b ín ohL'rvl'll I'v('nt.n in r!mn;ll1n ,,11th ~rrHVf' ('l)11f'prn Hwl t()()l~ ropi ml'\bili~~intl' 1('(>1>1(' ue t í on i nt.or-nat.Lonnl uupport. t'or 1.111' llnnrib i nn 1 by (:(JIId,.yr'nirw r:out,h peoj Afri('n.'t~ i11t\~~nl prt'~31'n<.'I' in Namí b iu nn.l 1lY \lPtlourH'irw it.n ()u1.rnl'l'(Ju:1 Jlf)l i c ivn , "( 2: aut« 1\. Pl'nuIH'i:l1,lon ly '1 and r nt~ 1 syst emat ie po.l í cy of' pub.l í c t'lot t1' i (D('(' n,1 no parnn , 1 4- '1 C) nllov('). asee pol~ l~ n("Vt~Ir.ber i ss. l"n lQ"(3, the I'rf'sid('nt. of t.ho tTnitl'd llnt í onn Counc í l rOl' rr'lmibia dOZE Lssued a st.atemerrt on belia.Lf' of t.he Counc í I T'IJt!d up , wít.h t h« ;;')uth as 1 Africen pol í ce iUC'l't:':l.sinf" th0 scope of theil' l'p'f1rl'fHJÍvro oT'f'rn,t.ionD an(l makí n« U:~'! r;f

put-Lí c florrinr. 'I'he st.aboment, cont í nued r "( 3' numl "The Vnited !Io.tions Council rOl' Ha1l1ibin. Gtron['l'ly condomnn thC'G(: bnr-bnrí.c and cutra~eous rolice atrocities arainst the nnmihian peoplc 1~ an i1le~al wea]

rerit:e vhí.ch the Lrrter-nrrt í.ona.L cornmunity f'ound unvortbv of' admí ní.stur í nr- onl,« ~ the International Tel'ritory of Ilamí.bí a btrt vh í ch otill corrt ínuen to iMl,OfH:

its illeral occupat í on by the use cf such reT'ulsivp methods which aro an "( 4,' insult to hUl'lan dirnity, and which are also nimed at dpGtroyinr: the national the ~nity and territorial interrity. rTo amount of intimidation and terrorism or r'epi floc-rinrs ,dll deter t.he will and dctermination of the ITo.mibian people to opeJ firht :'or freedom and inderendence in unity." Org~ paSf 15j. I)n 10 Decenter, the Fresident of the Unit~d Nations Council for nami'hia, TerJ ad:1ressinr the Security Council at its l756th meetin(", rea<1 n letter l'eceived from :·ar:itian wotlen on the floP'P'inr:s they ,,,ere endurinp' and said that "torture, "(5 de~er.ti0n without trial, indiscriminate murder, terrorism and florrinPG wcre thc OcCl ~ -:;rr1""er o...p t '.A¡¡e c.a:r ~n• 11. am~. •b·la" • ter) oí r l~S. F8titiryno brourbt by local church lenders to restrain the so-cnlled I'tribal beel ~-:'·;rts" f'rr;r: inflictin~ thia savarre punishment on thone who onposed tp~ "bantustan" thOl ¡,vIi':::! ~'¡(.:rf? rr:,jectwl lJy the so-called "Gupreme Court of South Fest 1\frica.". 'I'hiG disr "'l(:~i:;i"Jl''¡ P:""Jl":T,ted fJ. reaction from the Uni tf~d Nations Commissioner for iJamibio., who, ir. fl rJr(;~;rj r;tatem(~nt ionued on ?2 r~arch 1974, cxnrossed "amazememt at the Court t S :~/.:tif')r. ir. ur,1'lrjldinf1 TJu'blic florrr:inrrc of men an(l women in Nnmibin ,,,hile U0rlVirH'P the ·/~':tir'o:: 'Í?t(· r.rrJC(:~j~; tjf ln,'Y! 'in tbpir pffortr. tn Sf'Plt redreos f<')):' violationG of tr.t:1r r:it::jtr;". 'I'Iv: Cr)rraniL:Giorwr ('ortnidnrerl the ,1ud(~pment oí' t1w r.ourt as fOl'miur

-30- i

T*-~l.ii!!i!~F~7"':~é"'··,:""C-'~'i'.'-C'-:-'-,-" 11 !'J....""'.'''? ,., ..

l ~:r¡ ; U H ..¡ ) pnrt of thc Lnt.enad fication of repression and violations of human rights in Nnmibiu. by the 80uth Africa rén;ime in disregard of the elcmentary human rights of tho ppoplc and in defiance of the express decisions of the international community. ( r

1(:1. rrhe Council vas al.ao concerned about the mass arrests conducted by the Douth AfricH.n police in Namibia. At its 194th meeting, cm 7 Fcbruary 197h, tr'r: Council adoptad the fol1owing statement: ( ( "(1) Tho Unit od Nations Council for Namibia has received the news of mass reprenoion, arrests, trials and othar acts of intimidation against the 11 peoplo of Namibia with a sense of shock.

"( 2) On 13 January 1974, a massive force of South African police armed vTi th automatic weapons arrested a large group of Africans at a road block 30 miles "i south of Windhoek. The Africans, who had been proceedin~ in a peaceful r manner to a political rally which had been announced beforehand, were p

arrestcd on the trumped-up charee of being without their identification books ~ ' :'l and failina to produce travel documents when asked to do so. Armed police 1l '43. escorted 0.11 those arrested to the Central Police Station in Windhoek where Secret po1ice used their dogs to force the arrested Africans, among whom were some ! chairn ~ Implen dozens of women and school children, to the detention cells. In this manner ¡ , 127 peop1e were detained. The Council does not have any definite information ,I Count:r as to the number of people stil1 being he1d in the Windhoek prison. j Human "(3) The Council notes specifically that during the month of January a ·1 1'.~3 . number of tria1s of politically active Namibians were going on in the country 1 I agents and considers these trials a manifestation of the South African resort to the SWAPO weapons of mass intimidation and brute force, which for them has become the Counci only support for their i1legal presence in Namibia. escala the Se "(4) The repressive police operation did not end with the incarceration of the si the 127 Africans; a defamation campaign then began, in which the sbaten representatives of the illegal régime in Namibia alleged that the aim of the the Ca operation was not to persecute the SWAPO (South West Africa People's under Organization) Youth League, but simply to punish them for not observing the invest pass laws. Such statements are belied by the fact of the situation in the made a Territory. Foreig "(5) Ever since the South African forces placed themselves in the illegal :'-- ...... /- ~ occupation of the Territory, they have never ceased to indulge in acts of ,. ~lO "" .... terrorism and intimidation. The South Afri~an régime is now using new methods 7 !·iarc of mass intimida.tion. Reports have appeared in the press that the police have deeply been inducing employers in Win~~oek to deny jobs to the arrested Africans and discri those who are politically active, and a number of SWAPO members have been that c dismissed by certain Windhoek firms. had nc:t: resolu

-31-

I!

.:-:;;_·,7;;::~<~~~tt:'r~j~~y.¡~~E~~·E:T

I 165. Thl one hand "(6) Durdng the month of J'a.nuary, the police were invfllvpc] 'in corrtinuoun achieve . round-ups in the Africnn quarte1's of Windhoek. 8co1'oo of Africans we1'e quiet di) arrested. Althour;h t he announced airo of bheue acbdons Wf,l.S te sear-ch for Security 'blo.cks suapecbed of certain oon'traventzíons ' tihe true purpoao of these Gl m~APO on the oporntions vaa olear rrom bhe 'f'act tho.t Youth League membens were tbc co-operai main category bcinr; dotained. Lndependi "(7) Tho pelice stopped providing nny "inforrna.tion on tboir aetivities to tbe press so that they could proceed unimpcded witb tbeir poliey of repression.

"(8) Tho Council for Namibiu condemns these unlawful acta in the increasing 1()(), Af1 cnmpo.ign of mass intimidation and terror ngainot tbc people of Namibia. The (aee par: Council demands that this campail7,n must be stoppcd and all those detained the attel must be unconditionally relcnscd. the char, "(9) trhe illagal régime has been condemned by the interna.tional communi.ty, wbich supports the strur;~lc of the Namibian pcoplc for freedom and pric independence and unity and ia auro that thcir will and def¡ermination will attc not be deterred by the latest acta of unlawfulness on the pJ:1rt of the l30uth sba: African régime." and 1~2. the On 8 Februnry, thc text of the statemcnt was transmitted to the detl Secretary-General, the President of the Security Council (8/11228) and the for chairman of the Special Committce on the Situation with regard to the the: Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Special Cornmittee on Apartheid and the Commission on 16'(. Thl Human Rights. the othe:

l'.~ 3. As r-or-cr-t.od car'L il!r (rn.r~w. j!l and ~1 atov«}, on» of tlH: 1¡('·rflcJIlfi nr:r~f1tC'd by agents of the 80uth African l'égime was Mr. David Meroro, Na.tional Chairma.n of SWAPO inside Namibia. At the 195th meeting, on 14 February, the President of the Council informed members that, in view of the urgency of the situation and the escalating pace of developments, he had decided, after consultations, to meet with ló8. On the Secretary-General. The Secretary-General had expressed his deep concern about SWAPO re] the situation in Namibia and had promised that he would refe1' to the matter in the statement he would make during his forthcoming tour of Africa. Simultaneously, "Ur¡ the Commissioner for Namibia contacted the Lawyers' Committee for Civil Rights Nam: under Law, an organization based in Washington, D. c., vhí ch pr'omí sed to make an if ; investigation. On 21 February, Mr. Douglas P. Wachholz of the Lawyers' Cornmittee made a statement on the arrests to the Subcommittee on Africa of the Committee on 169. On Foreign Affairs of the United states House of Representatives. Commissic of Portu~ ~.[:... Returning frem his journey to Africa, tiho f'ccrctr.try-Oeneral Namfbd an: ~::<:: ~ ~. rr~:-,!"" s: .."'; e':·nfercncc helrl rit Unit.cd H'1tions Hea.dquarters on lead to i 7 March that the Governments of the 14 countries which he had visited were all deeply concer~ed about the fact that there was still colonialism, racial 170. At discrimination, apartheid and interconnected problems in southern Africa. He added arrests ( that eertain Governments which had shown great confidence in the United Nations that the had nct hidden their disillusionment at the fact that a number of important Porbuguer resolutions concerning problems in Africa had not been implemented. number o: addz-easec

-32-

'-..r""":F';""'- •.. _--"-~_....• ~ ...... _--_.,.,._,- r"'?"'''''" J.65. The Secretary-General expressed the view that what was needed was, on the '~! ~1 f i niut one hand, a continuation of action in the competent organs of the United Nations to l\ 1'1'1' t.u¡ f., achieve the implementation of the existing resolutions and, on the other hand, "\ I .! ~'\'l':h)l quiet diplomacy and contacts with those Governments which were members of the Id. tt'} Security Council - especially the permanent members - and which had an influence on the Governments concerned, to convince them to implement the resolutions, to co-operate with the United Nations and to change their policies of denying 1 independence and equality.

(~. ConclRrmot:i 011 oí' naIitico.l trials

l()() • After discussing the trial of two of the leaders of the SWAPO Youth League, (aee para. 33 above) the Council, at its 20lst meeting, on 18 June, decided to draw the attention of world public opinion to the case and issued a statement outlining the charges against the two men and describing their situation as follows:

"The accused were held in Dolitarv confinement for over four months prior to their appearance in court for summary trial on 24 May. Their attorneys complained that their clients were in no mental condition to stand trial and that they suffered from loss of memory, hallucinations and physical exhaustion. There is therefore every reason to believe that the accused were subjected to mental and even physical torture during their detention. The attorneys argued that it would require several days or weeks for the accused men to recuperate from the adverse effects resulting from their solidary confinement."

171. I 167. The Council expressed deep concern and anxiety regarding the condition of ver-e the other detained SWAPO officials,including Mr. Meroro (see paras. 23 to 33 aboye). and b 400 !: IJ. To'lil"ht o-f' ~:ar,1i bí.ans to .'\np"olA. A,11'::1 att e~nts to nrevpnt thcir extradition ...... '7"

ló8. On 21 June 1974, the Commissioner for Namibia received a cable from the C'f th SWAPO representative in the United Kingdom and Western Europe which read: ::a=i 1:' armed "Urgently call on you to press Portuguese authorities for release of four Namibians arrested 20 June on Ango1a-Zaire border. Men face grave persecution if returned to Namibia as demanded by South African Government."

169. On the same day, after consulting the President of the Council, the Commissioner sent a letter to the Chargé d'affaires a.i. of the Permanent Mission of Portugal to the United Na·~'ions, pointing out that the surrender of the four Namibians to the jurisdiction uf the South African Government would inevitab1y 1ead to their arrest and imprisonment for political reasons.

170. At its 202nd meeting, on 28 June, the Council discussed the question of the arrests of Namibians on the Angola-Zaire border and was informed by the President that the Secretary-General was seeking clarification on the matter froro the Portuguese Chargé d'affaires. On 5 July 1974, after it was learned that the number of those arrested on the border had reached about 120, the Commissioner addressed a 1etter to the Chargé d'affaires of Portugal for transmittal to the

-33-

--_.--_._--_._------_...... _------~. r"",,,,""""~"----'-"r-"- '~'---' .-'. _..'

.~! I f'.linitrt'.t\r 1'(11' 1"01'('1/,:n 1\1't'1l i r u uf 1\ll'Lll/"nl. Tn li In l of.t.vr }IC' nnl

i ,~ru.rrt(ld ,1'}, "tlndt\l' í ní.oruut.Iunu.í Iuw, oxt.rudít ion in novor in cunon wh('ro t ho t -x t.l'tHli t. ion i:1 nonp:ht.:

"(/1,) in l'('npt'(!t of' n. politi('nl o f'f'one o 01' of a matt or fLr:inin(~ t'rom a. l'olil.í('n.l niLun.tinll, 01'

h(~ "(1'1) in n ,1ul'indil'tion \v1tt'rf'in tlw nernon deported muy d0,!lrivp.d J'('i. Th ~'1' (~ct(ld t.lu- l'l'tyt,t\ct í on of t,}w normr: 01' tlw rule 01' lnw 01' ou1".1 Namibian tI' i 111 iunu 111 01' d(\p'rtt(ii tlf': t.l'(\nt¡n()nt. ¡,(JI. Iv: "In v í ow 01' tlH' n it.uat. ion in Nnm í b'in nnd 01" t.h« conduct. 01" tltn fjouth 12 Dcccrr n(~nrrtn At'r i cun uut.hor-í t i ou ami bho í r 10<"0.1 in Namíbía, it i n ol.onr bhat, thp Fund ana d('portut.ion to 80uth A1"ricnn corrtro.ll.ed areno 01" Nnmil)in would violnte thr: with t he above proví s í.ons oí' Lnt.crnntri onu'l Law, to est.at represen "In add'í tíon , Uf; YOU knov , tlw Int.ornnti onu'l, Cour-t of lTuotice, t.h« ; in '1 t.()l ~ ~~eetlri Annem1>ly tea Nat í r-ul t.y Counc íl and tlw 0<,-'r1(,)rn1 01" bhe Uní ons havo erl a;T('pd, 1. t hat fiouth Afrien. I s in ill('p'ul occupat í on 01" Namí b'ín, Any recornition oí' t~outh fl<'~l~l\. Africa's t í t.Le t0 t.ho oxt.rnddt í.on of Namí.bd.an c í t í zons woulcl l;p (a) a violation oí' t.he deci aí.ona oí' t he United Nab í.ons ;" (b) 171. Tht? illegal 80uth African authorí'tí.eu in Namibia cLafmed that t hose ar-reat.ed manageme ver-e "politicully inspired blacks who ver-e Leaví nr- Nami bí a for Lusaka in Zambí.a with the and bases in Tanzani.a to receive armed traininr:". They claimed thnt Gome members 400 !:ar.dbians had crossed th~ borders , (c) 17'::. en 10 July, the Por-tuguese Charré d'af'f'aí.rea replied to the Conmí s s í.oner for :·:?=ibia that. the namibians in question vere in Teixeira de Sousa, at the expense (d) 0f the Fortuguese authorities, that they were not under arrest, and that no Namibia. :;~icians were ~ein~ detained by the Portu~uese as a result of a report that an ar=ed tribal nilitia was about to be created in Ovamboland. 17). U~ had rece well as present "3~".()Unts contribt intentic Assembl;y for the Furtherrr. Uni ted r\ primaril

.' TTC":'", aoo.

-34-

~__J.... _ 1'.... "

II. ASSI8TANCE TO NAMIBIANS 177. t .',1hH-:f1Vi ()}l,'1 trrd,nirlF" r>nd th,8. TTn5.tcc1. 7Tn:tions fol' N ']'UW' 1'r:rr ITfI)OIibin eo-op Natio

l. United Nations Fund for Namibia 17B. eonee 1'l«, The maí n vehielc t.hrough which the Couneil ehannels its assistanee to loeat Namí.hí.ana is tiho United Nations Fund for Namibia. sehoo proje 1'(11 • Aeeording to bhe provisions of General Assernbly resolution 3112 (XXVIII) of with 12 Deecmber 1973, the Couneil for Namibia as a whole was appointed Trustee of the the W Fund und was authorized to prepare guidelines for its orientation in eonsultation UNHCR with the Sccretary-General. At its 198th meeting, on 3 May, the Couneil deeided other to establish a Committee on the United Nations Fund for Namibia, eomposed of the Pr:it.e representatives of Guyana, Indonesia, Ni~eria, Turkey and Yugoslavia, and the l1ovp:r ;;n'it(ll: 1rl,i.íonn f:r)T,pinr;:innm'" ror :7.'lr"i'i)ia as an ox-of:'ieio meraber , The ~ouneil ,¡ Unfor i;;". i ,1 :l;,'r('C'd t.hnt, I;ommittee uhou'Ld I aboye I ¡ (a) Deal with guidelines; 179. healt (b ) Deal with all matters r'e.Levant to the Fund, ineluding its ú.t'ientation and Namib management, w'~ th the under-sbenddng that, if necesaary, and after eonsultation ! as we with the Pl'esident, the mernbers of the Committee eould l'equest othel' Couneil relat members to partieipate in their work~

(e) Maintain its membership at the level of permanent r'epr-eserrtatríve; j . J 1 (d) Operate under the ehairmanship of the President of the Couneil for 180. Namibia. its o '~, Progr , 17). Up to the time of wl'iting this report, the United Nations Fund for Namibia t Fund, I had reeeived eontributions and pledges totalling over $US 166,000 during 1974, as ¡ Progr well as . the offer of a number of scho'larshdps, Sorne 25 Member States are at I sehol preserrt eontributing to thc Fund , and their numbor , as "rel1 as the ¡ thel'e ! f)'Y,:ounts involvod , shovcd a p,uhr~tr.nt inl Lncrease over 1973. 22/ '!oluntar~r i At pl' contributions ~r0 exnect~d fram Governmcnts \~hich hnvc indieated their :1 suppo intention to make their payments 1atel' in the year. In addition, the General , 1[ an ou radio Assembly, at i ts twenty·u eighth session, approved an appropr-Latdon of $US 100,000 ;l for the Fund froro the regular budget of the United Nations for 1974. 23/ '. t~I!. Furthermore, one Member state has earmarked its eontribution of $US 100,000 to the ~ , 181. United Nations Edueational and Tl'aining Programme for Southern Afriea to be used connf 1~) primal'ily for the edueation and training of Namibians. cauro , ),1I r:l ,., (1 T\ '1 :i.nr.:~en , .] :';l/ .\8 at 1 GC.,"'te111bel' 1974, 29 r~0mber ~tn.tes h!"i./l contritute"l over !1 t.h(~ ;¡ ,t ns ?()(),OOO to il1mA.. (see A./9725, annex}, ¡¡ ¡ lF32. ,1 ~?3/ General Assembly resolution 3112 (}:~0.rIII). q train I ¡[ \1 '~ ;'1 IJ ;1 . '1 -35- , ~f " .-\ ~I j

'U 'TT' TI ~. __ .~_ •. " .,.~ .. ~~ .,.•.."<- ~-_.. __._...> ....~ .. .-.-.,." '--'~'-"""'-<-"~"

1"('(. In view of the improved financial situation of the Fund, it has proved a subvei possible to concentrate on larger projects located in Zambia and Botswana, smaller of' t.he I country projects are in operation or projected in , Kenya, Uganda, United but als: Republia of and Zaire. matter. of the 1 177. The country programmes are designed to provide vocational and trade training subvent: for Namibians in different fields. These programmes are to be carried out in close f'or dis( co-operation with the Governments concerned and with the Office of the United Nations High Commissioner for Refugees (UNHCR). 183. Ali SecretaJ 17e. The Fund for Namibia, in collaboration with the Government of Zambia, is concentrating on tho establishment and opcration of a farro-sellool comp.Lex to' be located in Zambia. This project would consist of an agricultural school, a primary school and a health clinie. The original amount of $US 40,000 set aside for this project has now been increased to $US 100,000. Discussions have been conducted 18~·. Fo: with the United Nations Educational, Scientific and Cultural Organization (UNESCO), for Nam: the World Health Organization (WHO), the United Na"cions Children' s Fund (UNICEF) and I99th m! UNHCR, as well as with eertain interested Governments to provide technical and other assistance. It is intended that the Food and Agriculture Organization of t he Pr:i.t.e( r;rations (r.l\0) 8:'.ou1(1 proceec1 Pi.th a fpasibilibv s tudv 8.S soon as the of l1ov~rnr~ent of ~aIi1bie, allocatcs t ho si. te for the T'ro,j ect Later this yenr , pl~

¡ , Unf'cr-t.unete.lv , t.h í s pro.] ect has not vet been started, but the amount referred to th aboye renains earmarked for that purpose. N8.1

179. Agreement was reached with the Government of Botswana on the financing of a health clinic at Makunda in northern Botswana where a significant number of Namibian refugees are located. This cIinic would serve the population of the area as well as Namibians, in an effort to preserve and enhance the harmony of communal

relations. S7echl1.ical assistance ¡.:rill 'he nr-ov í ded by \{HO and UrTHCR. 185. Th woul.d r, the modo 2. pnited Nations Educational end Training Programme for Southern Africa assocí.a 180. Through the United Nations Commissioner for Namibia, the Council co-ordinate3

its own assistance programmes 10tith -Che United Nat í ons Educatdona'l and Trr'.ining Programme for Southern Africa. Because of the relative financial position of the Fund, on the one hand, and that of the United Nations Educational and Training 1St. Th Programme for Southern Africa, on the other, most of the United Nations for the scholarships awarded to Namibians are of necessity awarded by the latter. However, \ travel :1 there is close co-operation and co-ordination between the Fund and the Programme. , '! for ren At present, about Namibians have been awarded individual scholarships or other 76 Decembe support by the Fund. In addition, the Fund has agreed to pay the cost of engaging an outside consultant, on a temporary basis, to assist in the operation of the documen radio station "Voice of Namibia", operated by SWAPO. 187. In 181. J~ stuc~~! on the educational situFLtion of ;Tf'lmibians outsirle the Territorv, for tra Student corxrí as í oned by the Fund, has now been conr-Leted and 'torill be puul í shed iu t.he process COU2"oe of next year , This sbudy ¡·TiIl he invaluable in assessdnz the existinp­ purpose n !'"Ir1 'n1')-t0!1~i'" 1 cf',.:lrcr, thr-'t i-rill be ava.íLab'l,e rtt tbe tine FaPlibia p.:ains i ts Commiss in,:" epondenoe , 188. In ]/52. The Council is also concerned with the question of placement and further /\'1"'010. training of graduates of United Nations and other progrgrnmes. It is contributing and Lus documen Zambia, -36-

. T -n • ~------_..._------_...._L t '

•, . ,~:F~_J;y!,!,_e;"1,!.'!?~.2;?fj3fi:":':::~"7"':'F,c:'";~f"::_:"":':':±:":::::',-""':':::::::::::"'-"-:':.:::'::::.:::::'::':.:::':'. ..~~._.~~•.--'" , .... <._.,-":~ " -_._'~-""-" _.• ~.- -~-~ .._.- -. j '\\ a subvention to the Bureau tor the Placement and Education of African Refugees Q.~ ~ of t he OJ:'''-an:i zation cf ./lí;'ricGm Un5.ty (O.I\U) not on1:' o. t oken oí:' i t s intl:!rIC:st 1. I but also to signify its intention to maintain close liaison with OAU on this 1 matter. It is hoped that this will lead to tangible results~ as placement i8 one ¡. of the more difficult problems. Modalities, including possible financial subventions, tor effecting the placement of qualified Namibians mieht be a subject f'or discussion with t 1le Administrator of the Fund,

183. Although the United Nations has placed a number oí Namibians within the Secretariat~ the specialized agencies have thus far not done so.

3. Institute for Namibia 184. Following its consideration of the proposal of the Un¡ted Nations COF,~issioner

for Namí.bí a to establish -m Institute for ITr~.mibin, in LW-JakFl" the Ccunc í L, at its 199th meeting, on 13 May 1974, took the following decision:

lI'l'he Council for Namibia decides, in principIe, on the establishment

of a Namibia Institute to enable Namibians to undertake research, training J planning and related activities, with special reference to the struggl~ for the freedom of Namibia and the establishment elf an independent State of Namibia.

HIt reC1l1p.sts the bursau of the Counc i1:l url'"ler i ts Pr~f;::¡:l errc , to prepare urgently a project tor the Institute on the basis of a five-yenr plan" (A/AC.131/SR.199).

185. The decds í on was taken on the understanding that the record of the meeting woul.d reflect the differ¡:~nt points of view which had been put f'orward concerning the modalities of establishing the Institute, and that the Commissioner would be associated with the work.

"Ji. 'rrave, and ic.lenti tv (locunents

18t". The United Nations Council for Namibia has continued to Impf.emerrt the sche-:e for the issuance of its traNel and identity documents for Namibianso Some 100 travel and identity documents have been issued to date and many huve' been presented for renewal. The scheme has worked satisfactorily since it bceame operatíve in December 1970 and Namibians have successfully obtained visas 'or travel on the documents.

187. In June 19"(4, the United Nations Commissioner for Namibia receí.ved a request for travel and identity documents from 11 Namibians bf'longing to the Namibian Student's Union in ~airobi. The applications for thcse documents are now being processed and the documents, if issued, will be used solely for identification purposes and not for travel outside Kenya, unless specifically authorized by the Commissioner's office.

188. In view of tihe new situation which has arisen ,.¡ith the inf'lux of Namibians into

/"1 ~'ola (sec nrras. 07 and 98 above ), t he r,O!'1""j s s í oner' y s ()f'f'ices both in PC:'T- Y01":. and Lusaka are making stand-by plans for the issuance of travel and identity documents to this new group of Namibian refugees coming into Angola and possibly Zambia, should it become necessary.

-37·..

. ',. - . - lit. '\ .' ~ ... . • ." ',». "'. • . t. h .'" \ , \1 '.' • #.. • , lP0. To date, 85 countries have agreed to accept as valid the Council' s Travel and Identity Documents. As reported in 1973, 24/ the Council has concluded agreements with seven Governments: Ethiopia, Kenya, Nigeria, United Republic of Tanzania, Uganda, Zaire and Zambia. These agreements are similar in most of their provisions and detail the modalities under which the host country will inscribe the right of return on the travel and identity documents issued to Namibians resident in their respective countries. During 1974, no new agreements were concluded. Tbe Council is in the process of concludin~ additional agreements with other interested Governments. Some of these agreements have now been 19(0:. Sinel registered with the Secretariat and will be published in accordance with 'bermí.nabe: Article 102 of the Charter of the United Nations. The other (t("reer"ents uill he Uní.bed Ha1 presented for registration shortly. less than General A: 190 •.~t present., the Council has an ad hoc a:rrangement wit-h the Government of one callinc; f( State whereby that Government inscribes the right of return in the Council's action by travel and identity documents issued to Namibians resident in that country, wi ',ihout refJpol1sib: formal agreement. The Council is prepared to consider similar proposals fram its adví.s: other interested Governments. Uní.ted Na: prescnce : Jundbia al f;. rarticiu:'1>tion of thp :;"nnibinn np()'P]p in recocnitil the 'olor}: o~:> th0. Counc j 1 ]!rc.:sence i

191. In accordance with the relevant provisions of reso1ution 3111 (XXVIII), and }n7. Eflar :;~n(l acting in c10se co-ordination with OAU, representatives of SWAPO participated dec í s c10se1y in the work of the Counci1 during the period under review. OJ~ the oh ~ e~"'1b1y .:.t..')'\ .'l.J... ~ 192. By the same resolution, the General Assemb1y recognized that the nationa1 r equ -:::.:,ted 1 • liberation reovement of Namibia, SWAPO, is the authentic representative of the cornr. ... ~anc Nam~bian people, and decided to defray the expenses of a representative of SWAPO account t when accompanying such missions of the Council as the 1atter may determine and [l.t its 17 whenever called for consu1tation by the Council. considere

193. Through its participation in the work of the Council, SWAPO vas a.l.so ab1e 198. In a to parti~ipate in the work of the various bodies in which the Council it~e1f has translr.itt gained representation. Subsequen reminder 194. At its 188th meeting, on 8 November 1973, the Council granted a hearing to 16 August Chief , speaking as a representative of the National Convention (see also paras. 73 to 88 above }, In his statel','p.nt, !":Y1ie P rrp.rmuo (l(;'Rcr:ibf'~, the desperate conditions under which Africans of Namibia were forced to live, restrictions on their employment and movement an1 their continuing deprivation of the best land. 199. To a 195. At the 201st meeting, on 18 June 1974, hearings were granted to concernir: Bishop 1eonard Auala of the United Evangelical Lutheran Church and Bishop Mau of covered i t.he United States Cornmittee o f the 1utheran World Federation. Bishop Auala' s statement dealt large1y with the f10ggings th&t were taking place in Namibia 200. In a (see para. 39 abcve). Bishop Nau said that the Lutheran Wor1d Federation was involvinc pub1icizing 'he human rights situation in Namibia as widely as possible and was a1so offering scholarships to Namibians. 25/

~l~/ Official Records of thc General As sembl.y , Twenty-o·i r:ht.ll_~'t .. [wi(l!~ Supr)iemer~t ?To. ~lf( .A/9021~) , para. 271¡:--'" - -38-

~~------""-""IJ,_""" 1lI j

201. By III. AC'rION THROUGH MEMBER STATES 11 r ecommei tuentY-1 A. ActL. n tu AnSUX'e ecrrnl.í.ance 01' l1er.Lber States ".',1 í,e, -----____ '_'_'__ r _._...... ;;,;~;;.,;;;.;.;;:.....;.;:...;;..:;.;,.;;..;~ negot i I' with Unite~ J~tiuus reso1utions I compl.í.a: . "f., Assembly~ 196G~ 1, 19f. Sine€,; the General by its reso1ution 2145 (XXI) of 27 October 202. Ac, ter-minated [1o"th Africa i s right to admí.ní.auer Namibia and decided that the for Nata Unitecl Hations shou1d assume thereafter direct responsibility for the country:. 110 Legal A less than 37 reso1utions on the qu~stion of Namibia have been adopted by the informa General Assembly and t~e Security Counci1. These resolutions contain provisions callins for the withdrawal of South Africa from Namibia and for other specific ~o~. Th act íon by States whdch would facilitate the discharge by the United Nations of i:ts und is reopousibilities with reeard to Namibia. The International Court of Justice~ in Officc i ts advisory opdrrí.cn of 21 June 1971 ~ held ~ inter alia:J that States Member-s e:: t he Unitec1 Hation¿ F .~rf: under obligation to recognize't'""i1ei11ega1ity of South Afrien '8 204. Th rrescmce in Hamibia and the invalidity of its acts on beha1f of or concerninr; Jund.bia and to rei'l"ain f'rom any acts or deal.í.ngs ,.¡ith South Africa imp1yinc; recocnition of th~ leea1ity of, or lending support for? or assistance to~ such prcsence and administration .. ,I ln7. Bcaring in Plind the need for al1 l.ember States to implement the resolutions :~nd decisions of the United Nations on the question of Namibia~ and mindfu1 a1so 205. By OJ' the obligations of Member States under Article 25 of tne Charter ~ the General General As~;e:';1bly? in paragrapn 9 (g) of resolution 3031 (XXVII) of 18 December 1972? interes requ ~:.:,ted the United Natíons Council for Namibia to undertake a study on the activit comrLiance of Member States with relevant United Nations resolutions? taking into account the advisory opinion oí the International Court of Justice. Accordin~ly? 206. Ir C\t i ts l71st and l74th meetings, on 7 and 18 l"lay 1973 resnectively, the Counci1 wou.l.d e considered and adopted the text of a questionnaire to be addressed co Member States. and the economí 198. In a note ,":u:,bale dated 12 June!) the Secretary·..General of the United Nations profit~ transrr.itted the questionnaire 25/ to all States Members oí the United IJations. The paJ SubsequentlY!l in a circular note dated 18 April 1974, the Secretary-General sent a contim. reminder to those Member States which had not replied to the questionnaire. By studiec 16 August!) the Council had received 3G replies (see annex II). ?07. I1 alread~ and to was ex]

Unite~ :-\ C" •• 199. To a considerable extent!) action by the Nations Counci1 for Namibia 2 • ~ l. concerning the activities of foreign economic interests operating in Namibia iD (1rp,f"t e covered in the study on compliance referred to in paragraph 197 aboye.

r os í tír 200. In addition, the Council was involved in four other major undertakings involving the activities of foreign economic interests in Namibia.

25/ Ibid.~ annex II.

~f..,l) U ."•

-39··

¡ . lIikl j H • -.' .

Council' E l. act on tl': 201. By adopting reoolution 3J.' (XXVIII), the General Aooembly approved the to ensure recommendo.tion of the Council, contained in ito rcport to the Aooembly at ito Justice e tuenty-eic;hth session 261 that a study be carried out to determine whether co-operat negobí.atrí.ons which might be takinc; place bet,·rccn 80utb AfricD. and EEC werc in prL:I·urati E:3tudy Wol,; compliance ,vitb United rTations resolutiens rer,ardin(~ Namí.b'íu ,

202. Accordinc;ly the Council requested tbc affico of thc United Nations Cemmissioner for Namfbí.a to prepare, in close co-opertrtí.on ,.,ith tIle United Nntions Office of Legal Affairs, a workinr, papel' containin~ the leGal backr.round and factual information necessary for future ne~otiatio~s between the Council und EEC. 210. A de ~ ~o~. The Council has rcceivcd a preliminary report from the Office of Lecal Affairs for the and Ls awaiting a final papel' ,.,ith concüusí.one and propoae.Ls for action from thc the count Office of the Commissioner for submission to thc Council. reporto ~

204. The Council 0.180 decided to dispatch a mission of the Council to BrusGcls.

211. rrhe 2. 8tu<.ly of ac:tiyitico oí foreif':n economi9_ inter~'¡Js operatin!~ informati in Namibia ancl denunciation of 0.11 SUT)11ort r:ivr.m to South Africa. in actí.ví.tdes rCp'ardiIi7':"" Numí.bí.a -- --~------(a) especial] 205. By paragraph 9 (h) oI resolution 3031 (XXVII) of 18 Dccembcr 1972, thc General Assembly requested bhe Council "to examine thc question of foreign economí c .... (b). interests operatine; in i'Tamibia J und to seek effüctivc meano to rcc;ulate such r egame ar activities as appropriate ~¡ •

206. In the lieht of this request) the Council uecided to undcrtake a study which

woul.d covcr the relationship between the operut í ona of foreic;n companí.ee in Namíb í a and the preservation of thc colonial status guo in the Territory; and the social) 212. 8inc economic, cultural and human aspecto involved in thc exploitation of Namibia, the te Europ~ profits derived therefrom and the use which ccmparií eo were makinr; of thcse profit s , withdraw{ The payment of taxes to South Africa and the role of the ta.xation in thc resolutic continuation of the illegal occupation of Hamibia by South Africa were alGo to De internati studied. Namibia. 1974, the ?07. In 1972) the Office of the Commissioner was rcquested to compile infermatien Federal, 1 ;lütailc~J a.l.r-eady available as the first step in the prcparut í on of such n. stuuy, Council' ~ and te present it for consideration by the Council n.o soon as possiblc. Tbis study was expected in July 1974.

2'''IC. 4"lt its 205tll .. l..t..tÍllt;, . n 23 .hU ·,ust, thL. Counc í L Wn!i Lnf'orrned tbnt t.ho firr1t c1rp,f-t:. cf :.J. ma~í or stud:r had 1-,cr>n PTf?t'Gre(~ nn(l th1t tlw Corrmí ssi onor v s 0fflce i"'~H1 tl~f' r-r er-ar í nr- its concLus í ona , ··hpn t.ho ctud:{ irl rcceíve-í , Counc í I "tor111 bo in f1, 213. :tn ( reccF~cndntion8 ~ction. romitian to jicCUGG for 19 !\~oy 1~ Council,

gIl ~?BI ----- [Junp1f:mtU

ni .h _ • a I Council's own proposal to the General Assembly at its twenty-eighth session 27/ to act on the question of bilateral and multilateral treaties involving South Africa Court ( to ensure that they conform to the advisory opinion oí the International Court of l')rot. ect Justice of 21 June 1971, the Council requested the Office of the Commissioner, in orr~,~ni= (;OU11C~ co-operation wi.th the Uní t.ed Nations Office of Legal Affairs, to proceed with the i: prl.:I.uration of a study concerning such treati<.:s. The Council was inforrued that this a""encit ~tudy would be submitted by December 1974. consem 1, coní'err

4. Decree of the Council in connexion with the natural resources of Namibia

210. A decree preparad at the initiative of the Commissioner and intended to secure for the Namibian people adequate protection of the natural wealth and resources oí the count.ry was approved by the Council subsequent to the adoption of the preaerrb reporto 281 1 .

5. Other activities and to to par 211. The Council also requcsted tho Office oí' tile Commissioner to compile information on the followinc;: 'l'~ \ .. .• ("..J ror ~;u (a) All concessions, franchises, licences, etc., for economic activity, accurrt especially mininc; and fishinB. powcrs oí" t},le (b) All financial und other reports published by the South African occupation r,,,mmis régime in Namibia. . 0,11 amp of the C. Consultations with Member States I:l'.::dicn

212. Since its inception, the United Nations Council for Namibia has sent missiens to Eurepe and Africa for consultations with Governments in order te press fer the ,.:. . '1' withdrawal of 80uth Africa from Numibia, te ensure compliance with United Natiens resolutions, te increasc assistance to the Namibian peep1.e and te generate wide interna.tional support fer the Council in its efforts to secure the liberation of Namibia. These consultations have proved to be very useful to the Council. In 1.'.':-0 ]. 1974, the Council decided to accept invitations from the United Kingdom~ the of' thc Germany~ Federal Republic of Romania and Yugoslavia. A full account oí the 1", ". c__? r Council's mission is contained in annex VI to the present reporto ~. ~~ t. r

D. Representation of 1'Iamibian ilr~erests in the specialized agencies, international organizations and conferences ,.- , e 213. 1n conformity with resolutions 2145 (XXI) of 27 October 1966, 2248 (S-V) of • j 19 r,~oy 1967, and other pe:rtinent resolutions oí t.he General Assembly and the Security Coul1cil~ UD well as in accordanC0 with the advisory opinion of the Internationa1

"tir 1'''' : j .. " .. , ~... l , '?3J Tbí d, ~ para. 336 (10) (c }.

2UI [3(\0 Officin,l Becarcls 0f tho General Assembly, Twl~~nty-niE~h 8ession, Ourml:;ñPl1t No.~ ;~l~A (A/9(;~241 MtL1 ) ~ para. al~-'- - ',¡ ~

-41-

• "1l''''''''-'''¡;'-~'''''

Cour-t of ITuotice of 19'rl, the Unitod Ha.tions Council for Namibia has continued to the irmncdi nrotecf tnc intorcst of Namibians and to r-epreserrt Namibia in international practice e support te orr~o,nizn.ti.ons and mectin~s. For trhe firot time since it was esto.blished, the ~oupoi1 has obtained ansociate membership in one of the United Natinns specializcd a,"'en\~iQl3 (: ".'e', GI.,>·j L:·l..)v). an importa,nt event which is expected to have far-ren.chinr; conaeouences , The Council has also represented Namibia at var-í ous international confúrences and meetin~s includin~ those of other United ~ations or~ans. ??O. Durir ,L;ations Ce l. Spccialized agencies Prescripti CcmnclJ n] Conference ( 'd (a) Third

''\J L. I)n 1(~ ~1tly 1974, the twentv-seventh ''¡orld Health Assembly, meetinr: at Goneva , 221. By it un.urímousIv adopted resolution \oTRA 27.23, by which it decí.ded "to admit Namdbí,a as an ~HL10ciate member of ''¡IlO in conformity with art í.cLe A of the Constitution of HHO lw [jI.:l!lbly \,. of t he Sea and to invite the Uní t ed "Iatí.ons Council for !!umibia to clesir;nate a r-epr-esent.at Ive H sea-bcd ar. t o particiT'ate in t.he work of 1 '-mo beyond the in the int :1 (~. r;ren.kinl"l' after the adorrt í on oi=' the resolution, the Unitcd 1'Jations Oommí s s í oner ~~amibia vere to at for declarad that "the United Hations Council for "lamí b í a í s honoured to accerot associate membership on 'beha.Lí' of ~jamib:ia, and, in so far as it is within its and to prc powcrs, to assume responsibilitv for ensurinr, the application of articles 66 to 68 the moveme pollution of t:'lC Constitution oí the ~'¡orld Health Orf3anization with respect to Hamí.bí a.", The the Genero Commí ea'í oner safd that the decision of the tlTenty-seventh Horld Health Assembly was Council fe an Important step in the strug~le to ensure the elementary nrot.ect í on of the ri~hts or' the peopl.e of Namíbí.a to modern, efficiorrt and adequate hca1th serví.ces and 222. Accor ~l·~dicftl supplies. He also said that the "historical dec í n í ou'' mar'ked an Irm-or-t.arrt for Namibi ;~·t '.:.:p i.n the international acceptance of the decisions of the International Court oí' Jastice and of tha decisioIlS of the United Nations. represente nt Pnit~d ..:'. '1'11e decision of WHO was in conformity with a. provision of """'3Lt~,. rrh'~...... : S r csol.utíon 3111 (XXVIII) which requested the specialized agencies to tal(e such waD attend ~~, 'C':?2.sarv st.eps as would enable the United rTations Council for Namí bfa , as the Council, a L·,':":;J. aut.hor í bv for tTamibia, to participate full:'l, on beha1f of Namibia, in the work of these a~encies. 22!~. In a ~':~7. At ita 203rd meetinr;,on 13 All~ust, the Council decided to appoint two that it wa ;y:nrc3entativer; of m;rAPO to represent i.t in UHO and to request. a member of t.h0 Conference part of it "'(¡'l)ncil to follo"T develoTiments concernin{r WHO. authentic the real el Labour Orcanisation authority exclusive "1'. At. its 191st nleetinr:, on 20 ITovember 1973, the United Nations Council for under tbe -::m.il.ia decided to accept an j,nvita.tion from the ILO to be represented at its ar,recd t.o 'r,'r.:mrth African Re/donal Conference, to be held in Hairobi from 20 1'jovember to ratifi.cati ,:" r'r;;c"·ml~r.:r 107'~. 'lihe Regional Representative of the United !!ations Comminoioncr for "':~ ].~. i:" in Lllsal':/1 attended the conference on behalf of the Council. ',1:1) Unite: Bale ',V Ct)nf·~rencc r:vlopted a resolution on TTamibia by which it aosocifttec1 itself '.¡ ~ l~:l!"' 'ir~cisionG nnd appeal: by world-wide ar,d rel1ional orr;a.nizations callinf" for ;"~~l). Tn ac rCGolutior:

' 1 -4(.-

• -----...... --....-~---_.:hdi 1"",,iZi!! • ~-~~~i:?::,-~1~~i!f![~~~;t::?; , .. ~ l' (~! j1( ; ~I the irrllTlcJ.iutu "Ti i"hdro.wal of Doutih Africa from Namfbda , denounced the inhuman I ~t p1edg~d ~¡ practice of' contract Labeur and all in,justices that this entailecl and fu1l lf support to thc Namibian wor~ers in their strugg1e for trade union and human ri~hts. . \) r epr-es '} Presci '1 N'l,tiol 2. International and rep.iona1 conferences (e) ?('O. Durinr; the periocl under review, the Council participated in the Third Ul'lite

.) 22h. In a fcitnt("n~ent to the Conference on 28 June, tbc reprceerrtatí.vo of rakistnn S~d'1 I \ i that it was riGht and proper that the interests of Namibia be represented at the , I 22:1. 1 Conference not by' South Africa but by the Council, which included as an integral mobí L: part of its deleeation a member oí' SivAPO, recoBnized by the General Assembly as the Govcrl authentic representative of the Namibian peop~e. "Namibia", he said, "is facinF; the real danc;er that the occupying power is mis1.lsing its temporary and illega1 21(). J authority to deplete the marine resources of the country both in the area of the fielc.l exclusive ri~hts of the coasto.l state and in those adjacerr~ areas which do not fall on it~ under the exclusive jurisdictiop of any state.' He added that any convention orn;an: nr,reed to by the Conference wou~d, so far as Namibia was concerned, require the accor: ratification of the Government of an independent Namibia. utlli: conf'ei 'Yrith i ',11) United Nations Conference on Prescription (Limitation) in the Internationa1 in thE Gale of Goodr, mudi.!J,

;~~'r;. Tn accor-dance with the r eoueat contained in Genera), Asscmbly rCGolutic)l1 '1104 (XXVIII) of 12 December 1073, ~1r. Pébre Vlasceanu (Romanfe) i -43- I t.o th l' j l~

• ...... ~ ..M_'_. "._~ ..,,_ _,...._~ +_.• ,.;... _" _.,_. _~~'''''''''':;'~~ ••

represented the Counei1 in an observer capaeity at the United Nations Confe~ence on 231. In Prescription (Limitation) in the International Sale of Goods, he1d at United of bring N~1.tions Headouar'tens rrom 20 Hay to 14 June 1974. of Namib illegali' of repre: (c) .:C:I.:,ti,n!:~s. S'f the ..9rr;anization_~~~A.:tri~.E:nUnity force im: 22(. In a letter dated 1 Hay 1974, addressed to the President of the Couneil, the of the p Pe' 111anent RepreaerrbatIve of 80ma1ia, on behalf of his Gover-nmerrt and the Executive movement Seeretariat of OAU, extended an invitation to the Couneil to a~tend the twenty-third ordinary session of the Couneil of ~1inisters of OAU and the eleventh 232. The improved I session of the Conferenee of Heads of State and Government of OAU, to be held at 1 I ~~ga~iscio frOM 6 to 11 and from 12 to 15 June 1974 respeetively. A similar had pres. invita:tiofl was addressed to the President of the Couneil on 13 rv1ay 1974 by the effeet a Sccretary"-General of OAU. At i ts 199th and 200th meetine;s, en 7 rmd 1)+ va;,r, th0. Commissil Counoí.l, decidcd to be renreaenbed at both rr..eetinr;s by the President of thc Couneil to Namib:

"1' '''.,0'',':."~ ~ Governme: '" $"' ...... " •• ,""'- bv- h th""f; C':lceretary. • 2",')('./ '

::>;~7. The twenty-third ordinary session of the Counei1 of t,1inisters was officia1lv 233. Dur: opened at t-1ogadiscio on 6 June by u(:I,,~ral .·:OLL~.,.E:C';' 8i~·LU. :'arrl~. rr~¡;iJ.f;'nt of the produeed Gupreme Revolutionary Couneil of Somalia. On 8 June, the President of the Couneil A Trust, for rTamibia addressed a plenarv meeti!1r~ of the Couneil of f\1inisters and subsequently held consultations with dele~ations renresented at the OAU Summit Conferenee, with 234. Pub: offiei,als of the OAU Seeretariat and "rith represento.tives of 1iberation movements. and 3111 dissemin~ 228. From 12 to 15 June, the President of the Couneil attended the Conferenee oí its own ~ Heads of State and Government of OAU. The Conferenee Andorsed the resolution Bulletin, adopted by the Couneil of Hinisters on Namibia whieh called upon the United its eirel ?ations Seeurity Counei1 to eonvene as soon as possible a meeting to eonsider the rsravit:,{ of the situation pl"evai1inn: in Namibia and to take measures under 235. At : Chapter VII of the Charter and partieularly under Articlc 39; expressed its full Committee support for the United Nations Couneil for Namibia in its eontinued efforts to on the qt dischar~e its responsibilities and for its assistanee to the Namibian people. (a) Centres Namibia (

22Q. Durinff the period under review, the Counei1 continued its endeavours to (b) mobilize vor'Ld publie opinion in support of the Namibian peop1e and to influence the dd ssr Govcrnments to move more stronr,ly to implement United ~ations resolutions. Nations (

21n. As in the previous years, the Counei.1 fol10wed a numbcr of approaehes in this (e) field) rangin~ from issuins its own statements and havinr, press releases published inquire : on its aetivities, to requestin~ the speeialized aaencies and non-governmental or~anizations to intensify their information efforts in the cause of ~amibia, in (d) aecord~nee with the provisions of resolution 3111 (XXVIII). The Couneil also utllized a11 opportunitieo to explain its position in the various international (i) conferences to whieh it was invited, raised the matter durin~ direet negotiations with the GQvernments of the countries visited by the representatives of the Couneil in the course oí" its missior:::3, and used al1 t-he possibilities offered by tho mass (ii) mudill ~,!h(~nLv(:r- such opportunities presented themse1ves. (iii) . I"or the rr~r;ident 1 r. report to the Council on these meetings, see annex VI t.o t.ho 'orr.'::;cnt r cpor-t . -44-

1I " ....- -- - -..- -~':. -::.~,-"..-----.....--:..... -::.-~-;-~~:.:'~:.~~:-:::_:_:_:_";-;::~~?l:<~~~~ ~ ~§;;;: :·l ; =: .:: : _~:_-::~..:.::~.:: : c ::.· :· ::;.: :::_ : :· - -::~-C"S~~~

i . J !. ¡ ¡ 'j I ,, .1"'·;." I 231. In its information activities, the Council stressed such themes as the urgcncy , )) I \i .I of bringing to a eonelusion the United Nations efforts aimed at helping the people :1 of Namibia te fulfi1 their right te self-determination and independence; the I I illegalit.y of the eontinuing South African oeeupation of the Territory; the régime i '¡i of repression, exploitation, apartheid, laek of fundarDrental human rights and brute \ force imposed by South Africa upon the people of Namibia; the uneeasing struggle '1 23E of the people of Namibia conducted largely through its national liberation Ofj movement, SWAPO; and the importance of the aetivities of the Council. , ent 1 InÍ I 232. The Couneil noted with satisfaction that the dissemination of information had ,i the ¡ Ij pra improved through the aetivities of the United Nations Commissioner for Namibia, who \ , 1m);. had presented a special programme oí action in this field and had already put into -/ t· , effect a number of his proposals. The Council noted with speeial satisfaction the 1 • Commissioner's aetivities regarding the establishment of regular radio broadeasting I to Namibia. In this connexion,the Council expressed its gratitude to the Government of Zambia for its assistance in this matter. 233. During the period under review, the United Nations Office of Public Information produced the first United Nations documentary film on Namibia entitled i~Jamibia~ 23í l '. A Trust Betrayed ,1 ,o'¡ whi 309 234. Publieation of the Namibia Bulletin, pursuant to resolutions 3031 (XXVII) of and 3111 (XXVIII), nrovided the 'Council with efficient and wider possibilities of whi disseminatin~ information, both on the situation prevailing in the Territory and on acc ita own aetivities. The Couneil received an increasin~ number of reques+s for the Bulletin)and translation inta lan~uapes other than Enplish and French and increasing 23é bein~ its cireulation are now eonsidered. I Cou of 235. At its 204th meeting, on 23 August, by approvin~ the report of its Standin~ \ 7 F Committee III, the Council adopted a pro~ramme for the dissemination of information Cou on the question of Namibia, under whieh it would undertake the following: int by (a) Inquire into the possibilities of using the United Nations Information to Centres so that the Council eould be kept informed of wor1d pub1ic opinion on app Namibia on a regular basis; (b) Study the efforts of the United Nations specialized agencies in regard to the dissemination of information on the question of Namibia in pursuance of United Nations General Assembly resolution 3111 (XXVIII); (e) Contact with intergovernmental and non-governmenta1 organizations to inquire into their contribution to the dissemination of information on Namibia; (d) Request the Offiee of Public Information to: 239 .-t' • O.L . (i) Plaee on permanent display photographs and other materials at United At Nations Headquarters; que

(ii) Up-date thc pamphlet "Namfbda r A prlneiple in torment";

(iii) Produce a booklet entit1ed "Unite1 Nations Counc í L for Namibia, what it is, what it does";

-45- .. (iv) lnQuire into the possibility of using the United Nations radio and 240. Tb television scrviccs as wcll as othcr audio-visual facilities for the Committ purposc of dissemination of information on the question of Namibia and Colonia the activities of the Council. Iridepen

236. On 24 May, in a letter addrossed to thc Assistant Secretary-Gencral of the Office of Public Information, thc Vico-Chairman of Standin~ Committee III enumorated these proposals and requested thc co-operation of the Office of Public ¡ Information in this matter. On 11 June, in a letter addressed to the Vice-Chairman, 241. At I the Assistant Secretary-General of the Office of Public Information outlined invitat ¡ practical steps which his Office would ~ndertake in order to help the Counci1 to Committ J implement its prograrnme. the spe. contain

IV. ACTION IN UNITT."~ NATIONS ORGANS

l\. RÜ\::U0StS to the Secur í t.v Counc í L for action ._--- _.._--,------_._---- 242. I ce. I 237. On 11 December 1973, thc Sccurity Counci1 adoptad resolution 342 (1973) by rGt.:.a.rú. i which it decided to "discontinuo further efforts on the basis of reso1ution Colonia: 309 (1972)" bebween the Secretary-Gencra1 of thc United Nations and the Govcrnment emphasi: of South Africa. The Counci1 participatcd in the debate in the Security Counci1 bodics. which led to the adoption of reso1ution 342 (1973), in which the Security Council committE accepted the position recommended by the Council for Namibia. in Por-ti !·1r. Cae1 238. In a letter dated 8 February 1974, addressed to the President of the Security that de, Council (S/11228), the President of the Council for Namibia transmitted the text in soutil of a statement adopted by the Council for Namibia at its 194th meeting on 7 February (see para. 162 above). In his letter, the President stated that the Council for Namibia was very much concerned about ~nd strongly condemned the intensification of mass repression, arrests, trirJ.s and other ar ': of intimidation by the South African régime against the Namibian ptople and their leaders, aiming to suppress their struggle tor freedom and independence. The letter called for appropriate measures to be taken by the Security Council•

.B. Re,Jl'eser.d:;atlon of Naf¡~ibí.a in. UHited .:.Jations orr.ans ------~------• +"" ------,• .,,-

l. Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of ~ndependence to Colonial Countries and Peoples

239. The President of the Counci1 participated in the considcration of tha question of Namibia by the Specia1 Committee at meetings held in the early part of 1974. At its 973rd meeting, on 6 April, the Specia1 Committee adopted a conscnsus on the question of Namibia which c1ose1y fol1owed the position of thc Counci1. 30/

31/ pOI For the tcxt of the conscnsus, see A/9623/Add.3, chapo IX, para. 11. para. 20

·~46- 240. The Council also participated in the activities initiated by the Special ~1 Cornmittee in connexion with. the Obaervance of the Week of Solida.rity with the I Colonial Peoples of Southern Africa and cape Verde Fighting for FreedoD1:¡ Independence and Equal Rights) froro 20 te 24 Uay.

2. ?pecial Committee on Apartheid 243. j 1, follo' 241. At its 200th meeting on 14 May 1974, the Council decided to accept the I invitation of the Special Committee on Apartheid to attend a special session of the Committee to be beld in Dublin from 18 to 21 r1ay. The Council was represented at 16 to the special session by its Presidente An accoun:t of the special session is the S] contained in annex VI ·co t.he present report. ! ' Decol< Co-operation among United Nations organs dealing. 3. Genevt ~ith the problems of decolonization and aparthei~ Mr. Gj

I 242. Co-operation between the Council, the Special Cornmittee on the Situation with I I' ( reüarú to the Implementation of the Declaration on the Granting of Independence to Baghds Aparth~id Colonial Countries and Peoples and the Special Cornmittee on was (Congc emphasizea by the regular meetings between the presiding officers of these three , \ of thE I o' bodics. On 9 May 1974, the President of the Council and the Chairmen of the two I I I PeoplE committees held a press conference and issued a joint statement on the situation I in Portugal, in which they said that the overthrow of the Government of .I 244. '1 l·~r. Caetano was a result of the policy of colonial wars which he had pursued and ;,' ! the Ce that developments in Portugal had serious implications for the general situation \ ,v in southern Africa. ~~/ \

1 • 245. A I. • '¡' the in by Sta the Co

246. A decide , .,I Portug, occupa CO)1fer,

247. Ti South . Thirty· Heads l 31/ For the text of the statemcnt, see A/9623/Add.l (Part I), chapo VII, Pakí.st» para. 20.

-47- • V. ACTION THROUGH OTHER BODIES

Direct participation of tne Council

243. During the period under review, the Council also participated inthe I' I folloi\Ting meetings:

(a) Meeting of the World Peace Council (WPC), heId at Sofia from 16 to 19 February. The Counci1 was represented by Mr. Arturo Montoya (Peru) of the Special Commdttee of Apartheid.

(b) Meeting of the Non-Govern.~nntal Organizations, bub-Cornmittee on Deeolonization and against Raeism, Apartheid and Racial Dd scz-ImdnatLon, lleld at Geneva on 23 and 24 February. Tlle Council was represented by Mro Gibson Roberts Zimba (Zambia).

(e) Meeting of the Afro-Asian People's Solidarity Organization (AAPSO), held at Baghdad from 24 to 27 Marcho The Couneil was represented by Mr. Nieolas Mondjo (Congo) of the Speeial Commdttee on the Situation with regard to the Implementation of the Deelaration on the Granting of Independence to Colonial Countries and Pecp.les .

244. The representative of China expressed reservations at the participation of the Council in the meetings of WPC and AAPSO.

B. Inuirect influence of the Council 245. A number of deeisions concerning Namibia were taken at eonferences in which the influence of the Council was exerted indirectly, as a result of participation by States which were also Council members or by orcahizations in whose activities the Council had had a parto

l. Arab S~mit Conferenee

2460 At the Arab Summit Conferenee~ ~elu at Ál~iers in November 1973, it was deeided to impose a total oil embargo on shipments to South Africa (as well as to Port~gal and Southern Rhodesia) because of its policies of apartheid and illegal occupation of Namibia. Egypt, which is a Council member, participated in the Conf'erence,

2. rslamic Summit Conference

247. The Islamic Summit Conference, held at Lahor~ in February 1974, also condemned South Africa's policy oí apartheid and its illegal occupation of Namibia. Thirty-eight Governments were represented at the Conference, mainly at the level of Heads of State or Government, including four Council members: Egypt, Indonesia, Pakistan and Turkey.

-lIB.·

• " . ¡ 3. Wor1d Congress o:f.J:eace Forces

248. The Wor1d Congress of Peace Forces met in Moscow from 25 to 31 October 1973 and adopted a reso1ution by which the Congress, noting the intensification of the armed strugg1e being waged by the Namibian peop1e under the banner of SWAPO and also the increased po1itica1 mobi1ization of the masses which had resu1ted in tbe overwhe1ming rejection by the Africans of the i1legal e1ections held by the Vorster régime in Ovamboland and Kavanpoland durinp Aur,ust and September 1973, called upon a11 organizations to rive hir-h priority to the c~~paign against any collaboration with the i1legal South African administration in Namibia which might be in violation of the advisory opinion of the International Court of Justice of 21 June 1971, and to take action to prevent the importation and sale of Namibian products.

249. Tbe Council for Namibia was represented at the Congress by Mr. Salim Ahmed Salim (UnitoJ Republic of Tanzaniu), Chairuan of the SpeciRl Committee on the Situation with regara to the Imp1ementation of the Dec1aration on the Granting of Independence to Colonial Countries and Peoples.

250. The representative cf China expressed reservations at the participation of I the Council in the Congress. I I, I

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-49-

r PART TUREE , ¡ 25 te GONC1USIONS~ FUTURE WORK AND RECOMMENDATIONS si LIt r. CONCLUSIONS dE ¡Ja

¡J) " l! 251. The Council has studied the political and economic situation in Namibia, using 25 ~, information which it has received regularly during the year. ¡l; Na III. Af 252. rrhe Couneí.L notes that the illegal South African régime in Pretoria continuos ~ \( { oE \ in its intransiBenc~ and defiance of decisiops of the General A~scmb1y and the fl..rl

8ecurity Council, tihe advisory opinion of the Jnternational Court of Juat í ce of 1971 Co ¡ r t : t and. tile repeated. demands of the international community that it withdraw from 1 ~amibia and ceace its illega1 occupation. At the same time, tbrough the intcrmcdiary of lts agents in Namibia, the South African régime has meted out to the population of N~ibia horr3ndous and vicious acts of repression and stepped up its campaign of intimidation.

253. Th0 Council notes that despite mass arrests, floggines and the incarceratiou of many of their leaders~ the Namibian people continue to resist thc 80uth African régime both by 'Polit ical action and by force Qf arms . They oppo se "bantustans" and demand the unity and Lnd.ependence of Namibia. I ~ , ~ I ! 2,4. On the political front, the Council not-.;:s t ""~~ Security Counci1 was 1, obliged to discontinue further efforts on the b~t c-- ;eso1ution 309 (1972) ~ ~. because of South Africa's determination to continu ~licies of occupation, "barrtuatan í zutí.onil and apartheid.

255. On the economic front, the employment pattern in Namibia, organized in 11 accordance with apartheid principIes, serves to keep the overwhe1ming majority of 1·\ l" ' the population in abject poverty which is high1ighted by the massive disparity in , [r wages between whites and b1acks. This situation, together with the untrammelled I exploitation of natural mineral resources permitted and even encoura~ed by the " occupation administ~ation, provides exceptional profits to the various foreign economiG interests operating in the Terri~ory. 256. The Council considers that the foreign economic interests operating in Narnibia (see paras. 104-123 aboye) 32/ derive oxorbitant profits from thúir operations there and have a strong incentive to encourage the South African régime to maintain the status guo. The Council notes that new companies have invested in Jamibia not only since the termination of the mandate in 1966 but a1so since the advisory opinion of the International Court of Justice was delivered in 1971, and considers that al1 investments in Namibia since 1966 tend to bolster th~ position oí the illega1 South African occupation régime. The Council commends those States which have declared that they will not espouse the claims of companies which have invested since 1966 against a future lawful , and urges States which have not yet done so to make similar declarations.

32/ See also annex VII to the present reporto

-50-

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1" . 1 257. The Council notes tbat,in June 1974, OAU called upon the Security Council to convene as soon as possible a meetin~ to consider the ~ravity of the sdtuat í on in Hamibia and to take measurea under Chapter VII of the Charter of the LJniteo. J:Iatiou5 und pu'ticularly under Article 39. rrhe Council will welcome any decd aí cn oí' th(; Security couno í i v,¡lich 1·,i11 compel 80uth Africa to 1.¡ithdraw from

.LJamibiu and enabl,e the Council to fulí'il Lta mandate. , I 258. The Council further believes that, as a result of the efforts of the Namibian people, and the success of other liberation movements in southern Africa, the South Africen position has been measurably weakened. In the light of this trend, full co~pliance of all States with existine General Assembly ruld Security Council resolutions and with the advisory opinion of the International Court of Justice of 1971 i6 of the utmost importance.

259. The Council further notes that Namibians, despai~ing of obtaining independence by peaceful means, are joinina the renks of the armed liberation movement in arowine numbers and that the increasing military strength of this movement i6 reco~nized by the South African régime.

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-51- II. ADMINISTRATIVE AND FINANCIAL IMPLICATIONS OF THE FUTURE PROGRAMME OF l~RK OF THE COUNCIL

fore~oing 260. Bearing in mind the conc1usions and subject to sny further 26' mi~ht directives that be r,iven by the General Assemb1y at its twentv-ninth session, As: the tJnited Nations Counci1 for Namibia intends to continue to discharp,e its ~e1evant do: functions and fu1fi1 its responsibi1ities in accordance with the rel reso1utions of the General Aosemb1y. rOl . gel Durin~ 261. 1975, the Counci1 intends to meet in continuous session throughout the COl year, and to be particu1arly active in two per-í ods which would extend from ef: January to June and from Au~ust to September. 26l 262. The proposed general work prograrnme of the Council is described in section III ouí below. The fol1owinr, serveE to amp1ify sorne of tbe noints in the proposed general ací work programme. laj ThE (a) The Council intends to continue, where appropriate, the policy which it Thj successfully fol1ow~d in 1974 of sendin~ out missions comprised of a small group of pr( members, and ~here necessary, to dispatch the full Council. The Council therefore

intends to dispatch delegations to internationELl conferences and mee't í nvs as necessary and appropriate. Representatives of the Council will, followin~ the customary invitation, attend the meetinr,s of the Council of Ministers and Assembly of Heads of State and Oovernmcrrt of OAU, the OAU Co-ordinatinr.: Cornmittee for the Liberation of Africs and the United Nations Conference on the Law of the Sea. In addltion, the Council will attend, and cause Namibia to be represented at, such other meetinas as it considers necessary and appropriate.

(b) The Council intends to invite representatives of S"VTAPO and expert s on 26E the Nam~bian question to attend its meetings at United Nations Headquarters or elsewhere for the purpose of consu1tation and of obtainin~ relevant information, and to invite representatives of SWAPO to accompany it on its missions.

(c) The Council also proposes to visit or send missions to Africa, Europe and Asia to meet with officia1s of Governments in order to gain support for the activities of the Council and to disseminate information about Namibia. Durin~ wit these visit~ the Council would require full secretariat services, íncluding polítical, administrative and public information staff. Afr (d) Finally, the Council intends to expand its activities with regard to the dissemination of information by continuinp, to issue the Namihia Bulletin in various issuin~ undertakin~ languages, by a series of notes and documents and by press Uni advertising and broadcastins.

263. The Council recomrnends that, in approving the prograrnme of work out1ined ins above, the General Assemb1y shou1d make adequate financial provision to cover the the ! ¡ activities of the Council. I

264. The financial imp1ications involved in the implementation of the prograrnme whe of work of the Counci1 for 1975 wou1d be of the order of $170,000.

] I Nam -52-

I III. RECOMMENDATIONS AND PROPOSALS FOR THE GENRRAL ASSEMBLY

265. From the study on comp1iance of Member States vith reso1utions of the General Assemb1y on Namibia (see paras. 196-198 above):J it in clear that much remains to be done to ensure the fu11 iinplementatiol1 oi' existing res01utions. The followine; recommendations contain on1y a 1imited number of new proposals. The purposes of the recornmendations are: (a) to renew the instructions to the Council to carry out its general work pro~ramme, with some additions~ and (b) to ensure a greater degree oi' compliance by Member States ~ith United Nations resolutions which are currently in effect.

266. The recommendations relatinR to actions which it is proposed should be carried out by the Counci1 are presented below. The recommendations relating to proposed action by Member States, by the Secretary-General and by other organizations are laid out in the form of two sets of proposals for approval by the General Assembly. The two r,roups of proposals could eventually forro the basis of two draft resolutions. This type of presentation has been chosen in order to expedite consideration of the 1 I present report by the General Assembly. ! I I 267. The United Nations Council for Namibia r-ecommends that the General AssembJ.y ,~ approve the followinr. proposals and recommendations:

l. General work progr8lllIIJ.e 268. The Council for Namibia should: (a) Seek to establish itself within the Territory of Namibia;

(b) Represent Namibia wherever required;

(c ) Continue its consul.tiatdona at United Nations Headquarters 01' elsewhere with Governments of Member States~

(d) Continue to meet with Namibians at United Nations Headquarters and in Ai'rica and Europe:

(e) Maintain and strengthen its co-operation with the 0rganization of Ai'rican Unity (OAU) and attend its meetfngs j

,, ,\ (f) Establish close co-operati0n with the specialized agencies and other institutions and obtain, as the lepal _athority of Namibia, representation in all their deliberations where appropriate; 1 ¡ (g) Co-operate with other ore;anizations and conferences interested in Namí.b í a , where appropriate ; ! ! (h ) Approve expansion of the seheme of travel and identity documents for '1 \ ~ Namibians :\ I -53... '1 . [ (i) Continue its study of the compliance of Member States with decisions and resolutions of the United Nations relatin~ te Namibia; (j) Continue its study of foreir.n economic interests operatinr, in Namibia;

(k) Continue to act as Trustees of the United Nations Fund for Namibia and ensure that the Fund is administered throur,h tbe Committee on the United Nations Fund for Namibia established by the Counci1;

(1) Compile information on a continuinr. basis with regard te all new and legislations~ etc.~ t amending proclamations J executive orders J regulations J issued by the South African occupation régime and the local occupation administration purportedly appliel to Namibia, together with background material and analysis;

(m) Compile similar information on all lep,islation issued by the ho~eland legislative councils established by the South African occupation régime;

(n) Compile information on all concessions, franchises, licences, etc., f r relating +'0 economic activity, especially mining and fishin~, and reportedly granted i o \ by the South African occupation régime and its local administration; i ' o ¡ (o) Collect all financial and other reports published by tbe South African O'

occupation régime and its local admí.n í strat.fon relatinr.: to Namfb.ia;

(p) Maintain an up-to-date ref.ister. of all polítical prisoners from Namibia illega1ly held by the South African occupation régime~

(q) Maintain records of alleged violations of human rigbts, especially the use oí torture, acts of terrorism by the occupation régime and violations of the rule oí' law in Namí.bd.a ; ¡ ~i ac I .\, (r) Intensify the transmission of news iRformaticn to und fram Namibia and take all necessez-y steps te ensure the wider disseuination and increased transmission of ar. proGr'~~:es l:y~ the Seuth West Africa People' s Ori.;anizatioIl on the 'Voice of Nami.b'í a: •

2. Specific proposals

(s) Complete action on bilateral and multilateral treaties involvine Soutb Africa to ensure tbat they conform to United Nations resolutions and decisions and of to tbe advisory opinion of tbe International Court of Justice of 21 June 1971; Na 21 (t) Continue consultations ~~th the European Economic Community (EEC) on any ot Na: contacts or understandings betweer.: that Community and South Africa that mí.ght; be in violation of United Nations resolutions and the advisory opinion of the International Court of Justice of 21 June 1971; . (u) Complete a detailed study of issues relating to the frontiers of Namibia Wl' with particular reference to the status of Walvis Bay, tbe Caprivi Strip and the 19 frontier witb Angola;

(v) Produce a definitive study, witb al1 available sources of information, on tbe comp1iance of Member States with relevant United Nations reso1utions and tbe Nar Ad, advisory opinion of the Int~rnational Court of Justice of 21 June 1971.

-54- B. Firnt f,nt ()f 1·r(Jl~Of.i·1.18 frJr ti~(;: G:::l1t!r.'.t.l J.Ljf,(:J.JJl:r ....~'-...'~ .... '-.,. ~' ...."... _ ..". -"" _ ~ ~,,-. ~" .._.~ u """" _~. ~ -,;-~ .~.....,.,.~ \ l. General principl~

The General Assem~ly '1I '\ (1) Reaffirms the inalienable and imprescriptible rir:ht of the peop1e of '¡ Namibia to se1f-detcrmination and Independence in accordance with General Assemb1y I reso1utions 151h (XV) of 14 December 1960 and 2621 (XXV) of 12 Octobcr 1970 an d subsequent reso1utions, and the 1eeitimacy of their strugr,le by all means ar:ainst \ the i11ev,a1 occupation of their eountry by South Afriea~ ! (2) Recornizes that the nationa1 1iberation movement of Namibia, the South Vlest Afriea People' s Or~anization, is the authentic representative of the Namfbdan I peop1e, and supports the efforts of the movement to strenr:then nationa1 unity;

(3) Stronply eondemns South Afriea for its persistent refusal to withdraw from Namibia and for its efforts to eonsolidate its illep,a1 oecunation by intensifieQ repression and by the composition of its po1icies of ap".rthei'!. and the frapmentation of the Territory into "bantruetans'", in total disrep'ard of' the wishes of the peop1e of Namibia, the deo í.aí ons and resolutions of the United Nations and the adviscry opinion of the International Court of Justice of 21 June 1971; 33/

(4) Demands the immediate withdrawa1 by South Africa of a11 its military and police forces and its administration from Namibia so as to enable the Namibia people tI) aehieve freedom and independenee ~

2. Action by the Seeurity Council

(5) Invites the Security Council to consider takinp, effective measures,in aeeordanee with the relevant chapters of the Charter of the United Nations, to put an end to South Africa' s i11err.al oecupation of Nanribi a;

3. Action by Member State.§..

(6) 9~1~s once again upon all States to comp1y with the relevant prOV1S1ons of the resolutions of the General Assembly and the Security Couneil eoneerning Namibia and the advisory opinion of the Internationa1 Court of Justiee of 21 June 1971, und to refrain fram all direet or indireet relations) eeonomie or otherwise, with South Afriea when it purports to aet on behalf of or coneerninp Namibia;

(7) Urges al1 States to take all possible eeonomie and other measures with a view to eompelling South Africa to withdraw irnmediately from Namibia in accordance with General Assembly resolutions 2145 (XXI) of 27 October 1960 and 2248 (S-V) of 19 May 1967 and subsequent resolutions;

}JI Legal Conseguenees for States of the Continued Presence of South Afriea in Namibia (South West Afriea) notwithstanding Security Council Resolution 276 (1970), ¡ Advisory Opinion, I.C.J. Reports 1971, p. 16. 1 \ ) -55-

r'/ (8) Calls upon all States which have consular representation, whcther ordinary or honorary, in. Namibia te terminate such representation, and ea11s upon o.J.l States which have consuls in South Africa operating in Namibia to withdraw such accreditation;

(9) Calls upon 13.11 States to refrain from financing any racially segregated activity in Namibia;

(10) Reguests al~.. States which have agreements with South Africa r(!lating to Namibia to enter into consultations with the United Nations Council for Naluibia ¡I ';")) ¡.j~ and the Secretary-General with a ví ew to COlh"ludinc now acreemeuts, as approj.ríat,e ~ 11 011 matters covereJ by t he prev.íous ones ; J :1 ;~ (11) Calls upo~ all States to co-operate fully with the United Nations Council '1 ,:~ for Namibia in the discharge of its mandate; ¡ (', ~ (12) Reguests all States to render to the Namibian peop1e, in co-operation with the Organization of Aírican Unity, all moral and material assistance necessary to continue their struggle for freedom and independence, and to work out, in active

J co-operation with the United Nations Council for NdIDibia and the Organization of 1,; I I' African Unity, concrete programmes of assistance to Namibia and programmes for 1\~¡ the dissemination oí information on Namibia; .. ¡: II (13) Reguests all States to take mensures to ensure that interes~s in Namibian property or resources purportedly obtained from the Government of South Africa after 27 October 1966 cannet be legally acquired; (14) Reguests all States:

(a) Te insist en proof that imports from Seuth Africa do not in fact eriginate in Namibia;

(b) To ensure that this applies in particular te diamonds;

(c) Te refrain frem classifying trade with, and investment in, Namibia as if the Territory were part of South Africa;

(15) Reguests all States with bilateral agreements with South Africa, especially doub1e taxation agreements and those containing "most faveured nation" clauses, te consult with the United Nations Council fer Namibia and the Secretary­ General concerning the possible vielation of their internatienal legal ob1igations; ]

4. Action by the Gen~ral Asse~bly (16) Approves the repert oí the United Natiens Council for Namibia, inc1uding the conclusions, recommendations ~nd preposed work prograrnme centained in paragraphs 251-264 and 2G3) sectio~ A~ therein and deci~es te make adequate i financidl prevision fer their implem~ntation~ w e ¡ G t! (17) Decides, having regard te paxagraph (16) abeve, te defray the expenses of II a representative oí the South West Africa People's Organization when on any mission t ~ approved by the United Nations Council for Namibia; ~ ,J".¡:; -56- .¡ 1 ,\ '1 "i ~ , ,\ 5. Action by the 8ee~etaEY~~~ra~ (18) Rcq~usts tho S~cretary-Gon(2;ral to continuG to prov!i.de the necessary assistance and facilities to the United Nations Couneil for Namibia and to the United Nations Commissi~ner for Namibia for the discharge of their respective duties and functions, and, in consultation with the United Nations Council for Namibia,

(a) To continue to issue United Nations commemorative postage stamps on Namibia in order to emphasize the direct responsibility of the United Nations with regard to Namibia throueh the United Nations Couneil for Namibia and the legitimate strueele bninr.; wal3ed by the people of Namibi~ for self-determination and independence;

(b) To continue to explore additional measures for wider dissemination of information concerning the question of Namibia and the activities of the Council;

(e) To prepare a biblioc;raphy on Namí bí a for publieation under the auspiees of the United Nations Council for Namibia;

(d) To prepare a map of Namibia for publication under the auspices of the United Nations Council for Namibia;

(e) To report to the General Assembly at its thirtieth session on the implementation of the present resolution;

(19) !t.e9.~es'ys~ the Secretary-General to dirc:ct, and make aduquat.e provisions for, tLe setting ut') of a United No.tions raólio transmitter in an African State which would have the function of trellsmitting radio prograrnmes in the various languages spoken in Namibia, informine the people of United Nations policies eoncerning the liberation of Namibia, the protection of human rights and fundamental freedoms, the fiBht asainst raeism and the steps being taken to aehieve decolonization throughout the world;

(20) ReQuosts the ;('··:~l'et r~rr -General, in view of the persistent reports of c:rcss violations oí human rights in Namibia,such as floggings, torturinB of prisoners and massacres, to demand that the Government of South Africa make available all the necessary facilities to enable the United Nations Commissioner for Namibia to establish an office in Namibia and to maintain such observers as he may deem neeessary in Namibia for the purpose of ensuring that full and impartial information would be made available to the Uni ted Nations coneerning the ·jbservance of the Universal Deelaration of Human Rights and the protection of the population of Namibia;

6. Aetion by eommittees of the General Assembly

(21) Be~ucsts all cor~itte0s and sub-eOKmittoes of the Genaral Assembly to invite c. rep;rescnt:1ti'Ve of tho Urrítl::d Haticns Council rer Nc.mibí.u to :¡;articipate whencver the riGhts and interests of Namibians are discu5sed, and to eonsult closely w1th the United Nations Council for Namibia before submitting to the General Assembly at its thirtieth session any draft resolution which m~ involve the rights and interests of Namibians; '! . !~:,!j-,:?!~, ,1)2L!Jll,~.E.P_Clc inJizf\d . af':~.n..cie8 and ot.her orf~nni zations and wí t.h.íu thl) Un í.t.od 1'ITationc svsrtcm the assi (.,':2) !{v(luests 0.11 cpeoí.a.l Lzed agencies and other orr.;anizationo ,·rithin the Un; tJ;U l~~l,tions svstem, inc1udinr; the United Natí.ons Deve'l.opmerrt Pror;rarnme and the Horld Eank to take such necesaarv steps as vri11: care tbe (a) Enable t.he Un í t cd Nat í ons Counci1 for l'Jumibig, as the 1er:a1 authoritv for and '!~1I'\ü'lÍa, to part ic í pat;e ful1y on behalf of Namí.b í.a in the work of those ar;encies obse and or~anization8 wí t h such nar-t í c Lpat.í.on to Inr-Ludc membershí o of Namibia in the ~tf".\nCV n1' ()r{~:"J1izzrt ion concerriod ;

(o) t·:n:?url.) t.nat Nmnibians are (>lir,ib1e., on t.he aame bao í n as citizens of

'\"'¡)y.!, :::t.t.ltús, for scho.Lar-nhLps offered by t he arrenc í ~s nnd orr;anizations'

~1ember (e) Enab1e Namibi ans to be emnl.oved on t he aame bas í s as citizens of nt:J,tr)s) in the ar;enc;r concerned where r-enueated by the Counc í L:

(~3) Reauests a11 npecia1izcd ac;encies and other orr;anizations ",ithin thc $200

Un.L ted l'Jations svst.em , in connul tation '·TÍ th the Unit ed Nat í ons Council for Uamibia,

T,O render 'J vrithin their resnective snher-es of competence , a11 ross í bl,e assistr.mce ta t.he peop.le of rramibia and t.he í r Lí.ber-at ion movemerrt Namil non-¡ (24) ]"{equests the United Nations Develonment Pror;ramm0 to estab1ish en to t} I, na:¡.acat'1 ve,P1ann i. ng 'Ji'r 1• r;ure,for r:r,'.ann•bn ' a

(25) Requests a11 snecia1ized ar,encies and other orr:;anizations witbin tbe and J

Un í t ed ~Tations svst em to co-onerate c1ose1v Hith the Unitec1 !lations Counci1 for l'IrUl1ihia in the clim::emination of information on Narní.bí a : Natic (26) Reouest.s all specia1ized agenc i es and other orr;G,nizations vít.hí n the Funrt 1Jnitf.::d rJatIons svstem, the Internatjonal Court of Justicc and the Internationa1 Atomí c EnerP.'V Ar;enc:--r 1,0 co-operate in the provision of background and technical information re1atin:,\ to internationa1 treaties, conventions and ot.hr-r forms o f Coune internationa1 co-operation affecting Nami.bí.a . tbe r tbe o

(~~7) Ca11s ur,on 0.11 spec í al. í zed arrenci e s and other orr;anizations vTitbin tbe

TJD.it~E:d Nations svst em, e spec í af.Lv tbe Lnt.ernat.íonal, Honetary Fund and the International Bank ror Pcconot ruc'tí.on and Doval.opmerrt ') to consu1t ví th the United estab

:Jatü.ll1s Counc í L for rJamibilJ. and the Sr,jcretary-General in order to ensure that those enab1 ~1.r~r:ncieD ond ()rr~anizn.t,ion8 are observing their internationa1 1er;a1 ob1igations in witb t r.rm.: of t he ndv í cor'v op í ní.on of the Internationa1 Court of Justice of est ab ~?1 ,TU:1':': l~rrl '33/ and r-eLevarrt Uni t ed Nations resolutions vrith re~ard to pror;rammes Gover ~1!ld actLvi t if.:3 ~.¡hieh may involve co11aboration witb 80uth Africa ~ Namib

8. Action bv inter~overnmenta1 and non-~overnmental organizations Commi (28) ReCluests a11 intergovernmental and non-governmGnta1 organizations, bodies ~md conferences to ensure that the rigbts and intercsts of Namibia are protected; Unite i~l thio crmn8xion, the United Nationo Counci1 for Nomibia shou1d participate as and t:: [~,pr¡rr)priR.tf:, vlhencver nucb rir;hto and intercsts are invo1ved· tbe F-

-)C-8 -

__-l_ ._ .~~';:':::Z::5ii li ( 1

(29) Invites all intergovernmental and non-governmental organizations, bodies and conferences which are interested in the liberation of Namibia to co-operate with the United Nations Council for Namibi a in the elaboration of progr-ammes for assistance to Namibians and programmes of dissemination of information;

(30) Reguests the International Wool Secretariat and its members to examine carefully their involvement in the marketina of Na~ibian products in violation of the advisory opinion of the International Court of Justice of 21 June 1971, 33/ and to consult with the United Nations Council for Namibia as to the best meems of observing the obligations involved.

c. Second set of proposals for the General Assemblv I United Nations Fund for Namibia \ :1 The General Assembly

(1) Decides to allocate to the United Nations Fund for Namibia the sum of $200,000 from the reeular budget of the United Nations for 1975;

(2) Authorizes the Secretary-General and tihe United Nations Council for Namibia to continue to appeal to Governments, intergovernmental and non-e;overnmental organizations and private individuals for voluntary contributions to the Fund;

(3) Invites Governments to appeal once more to their national organizations and institutions for voluntary contributions to the Fund;

(4) Confirms the United Nations Council for Namibia as Trustee of the United Nations Fund for Namibia and requests the Council to continue to ensure that the \ Fun~ is administered through the Committee on the Fund established by the Council;

(5) Reguests the Secretary-Genera1, in co-operation with the United Nations Counci1 for Namibia, to implement the work programmes for the Fund contained in the report of the Counci1 for Namibia and the report of the Secretary-General on the operation of the Fund during 1974; 34/

(6) Commends the United Nations Council for Namibia for preparing the "\ establishment of an Institute for Namibia to be located in Lusaka, which wi11 l enab1e Namibians to undertake research, training, planning and related activities, with special reference to the struggle for the freedom of Namibia and the 1 establishment of an independent State of Namibia, and, to this end, invites j Governments to make avai1able adequate financia1 contributions to the Fund for Namibia to finance the cost of' setting up and running the Institute for Namibia;

(7) Expresses its appreciation o f the efforts of the United Natí.ons High Commissioner for Refugees;

(8) Reguests the specialized agencies and other organizations within the United Nations system to render al1 necessary assistance to the Secretary-General and the United Nations Council for Namibia in implementing the work programme of the Fund;

34/ A/9725.

-59-

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(9) Decides, pending the entry into full operationof a comprehensive programme, that Namibians snall continue to be eligible for assis+~ce through the United Nations Educational and Training Proe;ramme for Southern Africa and the United Nations Trust Fund for South Africa. (10) Reguests Member States, particularly those in Africa, to give consideration to the employment of Namibians in their countries; (11) Reguests the United Nations Council for Namibia to report to the General Assembly at its thirtieth session on the implementation of the present reso1ution.

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