On Apartheid

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On Apartheid 1-1. " '1 11 1~~~_ISl~I!I!rl.l.IJ."""'g.1 1$ Cl.~~liíilII-••allllfijlfij.UlIN.I*!•••_.lf¡.II••t $l.'.Jli.1II¡~n.·iIIIU.!1llII.I••MA{(~IIMIl_I!M\I QMl__l1IlIIWaJJIl'M-IIII!IIIll\';I-1lII!l i I \ 1, ¡ : ¡I' ADDITIONAL REPORTS OF THE ON APARTHEID • GENERAL ASSEMBLV OFFICiAL RECORDS: TWENT\(-NINTH SESSION SUPPLEMENT No. 22A (A/9622/Add.1) ..", UNITED NATIONS 22A 1, ¡1 ,I ~,,: I1 I ADDITIONAL REPORTS OFTHE SPECIAL COMMITrEE ON APARTHEID • GENERAl. ASSEMBLY OFFICIAL RECORDS: TWENTY..NINTH SESSION SUPPLEMENT No. 22A (A/9622/Add.1) UNITED NATIONS New York, 1975 . -_JtlItIII--[iII__I!IIII!II!M'l!W__i!i__"el!~~1'~f~'::~;~_~~".__j¡lII""'''ill._.il_ftiílill§~\j . '; NOTE Syrnbols of United Natíons documents are composed of capital letters combined wíth figures. Mentíon of such a symbol indicates a reference to a United Nations documento The present volume contains the four additional reports submitted to the General Assembly, at its request, by the SpeciaI Committee on Apartheid. They were previously issued in mimeographed form under the symbols A/9780, A/9781, A/9803 and A/9804 and Corr.l , l' r1: ¡~,f.•.. L ,; , ",!, <'o,, - -'.~, --~'-~-...... ~-- •.• '~--""""~-'-"-"--'.__•• ,._.~--~ •• __ •• ~ ~"" - -,,- ~,, __._ 0-","" __ ~\, '._ .... '-i.~ ~ •. /Original: English/ CUNTENTS Page . PART ONE. REPORT ON VIOLATIONS OF THE CHARTER OF THE J"" UNITED NATIONS AND RESOLUTIONS OF THE GENERAL ASSEMBLY AND THE SECURITY COUNCIL BY THE SOUTH AFRICAN REGlME ••••••••••••• • •• • • •• • PART TWO. REPORT ON ARBITRARY LAWS AND REGULATIONS ENACTED AND APPLIED BY THE SOUTH AFRICAN REGlME TO REPRESS THE LEGITlMATE STRUGGLE FOR FREEDOM •••••••••• e•••••••••• ¡, • •• 22"" PART THREE. REPORT ON ASSISTANCE PROVIDED BY GOVERNMENTS AND NON-GOVERNMENTAL ORGANIZATIONS TO THE OPPRESSED PEOPLE OF SOUTH AFRICA AND THEIR LIBERATION MOVEMENTS ••••••••••••••••••• •• 7i~ PART FOUR. REPORT ON ACTIONS AGAINST APARTHEID TAKEN BY SPECIALIZED AGENCIES AND OTHER INTERGOVERNMENTAL ORGANIZATIONS •••• • • • • • • • • • • • 87 -iii- PART O~TE Report on violations of the Charter of the United Nations and resolutions of the General Assembly and the Sec~.\rity Couneil by the South African régime* CONTEN'rs Paragraphs Page l' LETTER OF TRANSMITTAL . •• • • ••• ••• • • • • • • •• • • • •• • v F '. 1 r l. INTRODUCTION •• • • • • • • • • • • • •• • • ••• 1 4 1 1:> II. VIOLATIONS OF THE CHARTER •• •• • • • • • • • • • • 5 - 26 1 '\.- ¡ ~-~" . J. II!. VIOLATIONS OF SECURITY COUNCIL RESOLUTIONS ON APARTHEID .•••,.••..•.••• • •• • • 27 - 58 5 \ . F IV. VIOLATIONS OF GENERAL ASSEMBLY RESOLUTIONS '.·.· ON APARTHEID «••••••••••"•••• • • •• 59 - 120 11 1, . l~ A. Introduction ••• 5 •••••••••••••• 59 - 60 11 i l' . B. Treatment of people of Indian and Indo-Pakistan 1; origin in South Africa ••••••••••• o • 61 - 87 11 ,;. C. Question of race eonf1ict in South Africa •.•• 88 108 15 l' , \..'. D. P01icies of apartheid of the Government of the ¡.' ! Republic of South Africa •••••••••• • • 109 - 120 19 * Previously issued under the symb01 A/9780 -iv- LETTER OF TRANSMITTAL 27 Bep'tember 1974 Sir, I have the honour to send you herewith a report entitled "Assistance '. provided by Governments and non-governmental organizations to the oppressed peop1e of South Africa and their 1iberations movements", adopted unanimously by the Special Committee on Apartheid on 11 October 1974. This report is submitted to the General Assemb1y in accordance with the request contained in resolution 3151 D (XXVIII) adopted by the General Assembly on 14 December 1973. Accept, Sir, the assurances of my highest consideration. (Signed) Edwin Ogebe OGBU Chairman of the Special Comrndttee on Apartheid His Exce11ency Mr. Kurt Waldheim Secretary-General of the United Nations New York -v- -".'-. ';;, l. INTRODUCTION l. Ever since the establishment of the United Nations, the successive South African Governments have repeatedly and flagrantly violated the provisions of the United Nations Charter, notably those concerning human rights and non-discrimination. They have also ignored and defied numerous resolutions of the Security Council and the General Assembly calling for an end to racial discrimination and apartheid, for the liberation OI all persone imprisoned or restricted for their opposition to apartheid, and for a peaceful solution based on the full application of human rights and fundamental freedoms to the inhabitants of the country as a whole. 2. The Security Council and the General Assembly have repeatedly reminded the South African Government that its policies and actions were in violation of the Charter and its obligations as a Member of the United Nations. They have also recognized that these policies and actions have created a situation which constitutes a grave danger to international peace and security. They have adopted a series of measures against South Africa to secure an end to apartheid. The General Assembly has also given a strong warning to the South African régime by rejecting the credentials of its delegation at recent sessions. 3. Moreover, in recent years, the white minority South African Government has, in violation of the principIes of the Charter and the :..'esolutions of the General Assembly and the Security Council, continued illegally to occupy the Territory of Namibia, for which the United Nations has assumed direct responsibility. Moreover, the régime has subjected the people of that Territory to apartheid and brutal repression. It has, in defiance of the United Nations, sent its forces into Southern Rhodesia and assisted the illegal racist minority régime in that Territory against which the Security Council hás adopted sanctions under Chapter VII of the Charter. 4. The present report outlines many violations of the prov~s~ons of the United Nations Charter by the white minority South African Government, as well as those of the numerous appeals of the Security Council and the General Assembly, during the quarter century of United Nations consideration of apartheid in South Africa. II. VIOLATIONS OF THE CHARTER 5. Racial discrimination pervades the constitution, laws and regulations of South Africa. The successive Governments of South Africa have attempted to aggravate and entrench such discrimination, instead of putting an end to it as required by the United Nations Charter, despite repeated reminders by the principal organs of the United Nations. 6. The principIe of non-discrimination forms a fundamental part of the United Nations Charter and, as noted by the United Nations Commission on tlle Racial Situation in the Union of South Africa in 1955, is embodied in the very spirit of the Charter. -1- k~.¡ \ qas;;q un $20......4.. 7 7'~ This principIe is embodied in the Preamble 1/ of the United. Nations Charter reaffirming "fai.th in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women ••• I~ • 8. Chapter I, Article 1, of the Charter, states that one of the pr-Lnc í.pak purposes of the United Ne.tions is "to achieve international co-operation in ••• promoting and encouraging respect for hunlan rights and for fundamental freedoms íor all without distinction as to race, sex, language or religion!l~ 9. Article 13 suaties that "the General Assembly shall initiate studies and make recommendations for the purpose of .•• assisting in the realization oí human rights and fundamental freedoms tor all without distinction as to race, sex, language, or religion". 10. Article 55 declar~s that "the United Nations shall promote .". universal .~ I respect for, and observance of, human rights a~d fundamental freedoms for all wi trml~t distinction as to rece , sex, language, or religion". 11. 80uth Africa has also contravened the solemn pledge in Pxtiele 56 of the Charter that Hall members pledge themselves te take joint and sepa.rate aetion in co-operation with the Organization for the aehievement oí" the purposes set forth in 11 Article 55 • Article 2, paragraph 4, provides that "all members Elhall refrain in their international relations fram the threat or use of force against the territorial integrity' ••• oí any State". 12. South Afriea has repeatedly threatened the territorial integrity of independent African StatBs on the ground that they had, assisted opponents of apartheid, though. such assistance has been provided in response to appeals by United Nations organs* It sent its security forces into Southern Rhedesia in 1967 in def'iance oí the administering Power (the United. Kingdom of Great Britain and Northern Ireland.), as well as of the United Nations. It has continued illegally to cccupy the Territory of Namibia after the termination of its mandate by the General Assembly in 1966 and threatened to resist by force any attempts to end. its illegal administration. 13. South Africa is also in violation oí its obligation under Article 2, par-agraph 5, which states that "all Members .•• shall refrain from giving assistance te any state against whieh the United Nations is taking preventive or "4:./ It is iro?lic that Field ~arshal Smuts, then head of the Government of South Africa, had himself pressed for tihe inclusion of this important elause in the Charter. DurIng ··jha debates at Lhe United Nations Conference at San Francisco in 1945, he stated: .' . "I would suggest that the Charter should contain at its very outset and in its preamble, a deelaration of human rights and of the connnon faith which has sustained the Allied peoples in their bitter and prolonged struggle for the vindication of t.hose rights ando that fa:~th. This war ••• has been a war of
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